Cardiff City Footballer Feared Missing after aircraft disappeared near Channel Island
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You are correct in what you are saying but you are applying a case that does not fit the above statements.
The eclipse that I mentioned looks more to be operated in an Ad-hoc charter than for specific companies. I was following it on flightaware for a while but it seems to have stopped flying, or opted out of the tracking.
Curious to see if it's enforcement action that's stopped it flying.
My post above still is relevant with some of the other websites that have been posted referring to cost sharing and advertising complex aircraft.
Also note, on the website that I linked, that it is only allowed within the London and Scottish FIRs.
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£15,000,000
The deadline for Cardiff City to pay the first of three instalments of the £15,000,000 transfer fee to Nantes has been extended until Wednesday, 27 February (Cardiff was originally due to have made the payment yesterday). Cardiff City have already said they are withholding payment pending "clarification" on the details of the accident and the completion of the crash investigations.. (Presumably that could knock the payment back until 2020) . The BBC says if next week's deadline is not met, then the dispute could be referred to the football governing body FIFA and could ultimately end up in the Court of Arbitration for Sport in Switzerland. The essence of the issue surely is that Cardiff City contracted to purchase from Nantes something which - sadly - was not delivered.
I suppose the lawyers will be attempting to pin down at exactly what point in time the transfer transaction actually took effect. Would that have been at wheels-up at Nantes? ...or on reaching UK airspace?.. or touch down in Cardiff? ...or running out with Cardiff City on their first training session?...or had it already happened t the signing of the contracts?.At what point did Nantes no longer hold Sala insured? - (as surely he would have been) - and when was Cardiff's insurance on Sala due to take effect? . It looks as though there is a viper's nest of litigation here...
I suppose the lawyers will be attempting to pin down at exactly what point in time the transfer transaction actually took effect. Would that have been at wheels-up at Nantes? ...or on reaching UK airspace?.. or touch down in Cardiff? ...or running out with Cardiff City on their first training session?...or had it already happened t the signing of the contracts?.At what point did Nantes no longer hold Sala insured? - (as surely he would have been) - and when was Cardiff's insurance on Sala due to take effect? . It looks as though there is a viper's nest of litigation here...
Last edited by korrol; 21st Feb 2019 at 09:57. Reason: grammar corrected
I don't know why it would be that complicated. Contracts normally have a start date. When was that ? at that point Sala is under Contract to Cardiff and unless there are exclusion clauses should he become "unfit or unable" that is when the money is owed, per the terms of payment.
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I don't know why it would be that complicated. Contracts normally have a start date. When was that ? at that point Sala is under Contract to Cardiff and unless there are exclusion clauses should he become "unfit or unable" that is when the money is owed, per the terms of payment.
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Emiliano Sala’s Cardiff contract 'not valid’ for Premier League
and one
Why Emiliano Sala transfer row could end up in COURT – Prem star-turned lawyer lifts lid
https://www.thetimes.co.uk/article/c...600k-7x80wflkg
There’s more in the following link about the footballing and agency side of this accident (not behind a paywall):
https://www.theguardian.com/football...o-sala-cardiff
https://www.theguardian.com/football...o-sala-cardiff
McKay insists he hiredthe private return flightfor Sala to say his goodbyes in Nantes because Cardiff offered only scheduled British Airways flights. He says he booked the flight via a pilot he used sometimes, Dave Henderson, and that he did not know which plane would be used or that the pilot would be Dave Ibbotson, whose body has still not been found after the Piper Malibu light aircraft crashed.
Dalman (ed: the Cardiff city chairman) .said the club did not know the details of the flight McKay arranged for Sala after they signed him; McKay insists the club was aware he had arranged the flight.
Dalman (ed: the Cardiff city chairman) .said the club did not know the details of the flight McKay arranged for Sala after they signed him; McKay insists the club was aware he had arranged the flight.
Avoid imitations
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The word "hire" is very relevant.
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More information in the Sunday papers. The aircraft owner has been named as Cool Flourish Ltd. by the Daily Mail. The name will have been known to the Daily Mail for some time (they probably read it here).
The pilot of the Eclipse which brought Sala inbound to CWL on the Friday has been named by The Telegraph as David Hayman, CEO of Aeris Aviation. Willie McKay says that the unavailability of David Henderson and David Hayman to fly the Eclipse was the reason that Dave Ibbotson was drafted in to fly the PA46 (but he took no part in that decision of course).
The pilot of the Eclipse which brought Sala inbound to CWL on the Friday has been named by The Telegraph as David Hayman, CEO of Aeris Aviation. Willie McKay says that the unavailability of David Henderson and David Hayman to fly the Eclipse was the reason that Dave Ibbotson was drafted in to fly the PA46 (but he took no part in that decision of course).
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The pilot of the Eclipse which brought Sala inbound to CWL on the Friday has been named by The Telegraph as David Hayman, CEO of Aeris Aviation. Willie McKay says that the unavailability of David Henderson and David Hayman to fly the Eclipse was the reason that Dave Ibbotson was drafted in to fly the PA46 (but he took no part in that decision of course).
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”Founder and CEO of Aeris Aviation Limited. A Commercial Pilot and is the Chief Pilot for the company”
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Aeris Aviation don't have an AOC, it's an aircraft sales company. Now they could have lent/leased the aircraft to Channel Jets who do have a Guernsey AOC and operate Eclipses, but to the best of my knowledge you can't substitute a 2-REG aircraft with any old privately owned and operated N-registered aircraft and charter that when it suits you.
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From AIN dated 10 Jan 19:
Unauthorized air charter—often called gray charter and even “Part 134 1/2” operations—has long been illegal. Yet some aircraft operators still flout or inadvertently violate the FARs involving proper on-demand or charter operations. Continuing to operate such disguised charters with impunity or in obscurity might be short-lived, however, as the FAA has recently ramped up its investigations and enforcement actions against such offenders.....
• Gray Charter Violations. In a December 4 press release, the FAA announced a proposed $624,000 civil penalty against Steele Aviation of Beverly Hills, California, for allegedly conducting 16 customer-carrying jet flights “for hire” when the company did not have the air carrier certificate required for these operations and allegedly used unqualified pilots. The case illustrates how the FAA will pursue charter operations that appear normal but blatantly fail to qualify for charter services under Parts 135 and 119..
• Gray Charter Violations. In a December 4 press release, the FAA announced a proposed $624,000 civil penalty against Steele Aviation of Beverly Hills, California, for allegedly conducting 16 customer-carrying jet flights “for hire” when the company did not have the air carrier certificate required for these operations and allegedly used unqualified pilots. The case illustrates how the FAA will pursue charter operations that appear normal but blatantly fail to qualify for charter services under Parts 135 and 119..
Just a numbered other
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Granted that this is only an interim report - but it must surely be unsatisfactory that the details of Mr Ibbotson's FAA PPL and EASA PPL are still unclear and not on record somewhere. The AAIB report says they appear to have been in the aircraft and consequently lost.
The report makes also it clear that Mr Ibbotson SHOULD have been paying for half the cost of the flight AND that he was required to have "common purpose" to fly to Cardiff that night.
The report makes also it clear that Mr Ibbotson SHOULD have been paying for half the cost of the flight AND that he was required to have "common purpose" to fly to Cardiff that night.
It makes for painful reading. The track and altitudes suggest to me a possible scenario of spatial disorientation (the Kennedy accident springs to mind) , perhaps due to IMC conditions, unless he decided to turn back to land at an alternate? 180 degrees turn to the right, a climb prior to the crash. I hope they will find the iPad and perhaps recover data from it.
I am happy the AAIB seems to also be looking into the legislative part of the flight.
I am also happy the AAIB have confirmed for non commercial on an N register an equal part cost sharing and common purpose are required. No ambiguity here! EASA should in my view adopt the same common purpose for cost sharing.
I am happy the AAIB seems to also be looking into the legislative part of the flight.
I am also happy the AAIB have confirmed for non commercial on an N register an equal part cost sharing and common purpose are required. No ambiguity here! EASA should in my view adopt the same common purpose for cost sharing.
I got my UK night rating with only five hours experience at Cardiff back in 1982. Amazingly that allowed me to fly from Guernsey to Cardiff at night with no visual reference to the surface.I say none because it is often difficult to see the sea at night and certainly from a safe altitude in a small hand flown aircraft.
I wonder if his lack of communication with Guernsey and concern for the weather was because of his training at a small airfield?
Feeling intimated by the situation he found himself in with a reluctance to admit to his passenger and air traffic he was out of his depth?
He was flying a nicely equipped Malibu with a full coupled three axis autopilot. He could have declared a pan and asked for help or indeed just diverted in to Guernsey and told the passenger it was because of weather problems.
The bottom line is just like the Buddy Holly pilot he decided he could not admit the circumstances were beyond his skills.