Cardiff City Footballer Feared Missing after aircraft disappeared near Channel Island
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The Legal Aspects
It would appear this particular accident has a similar theme to the death of the distinguished lawyer, Sir Ian Brownlie QC and his daughter Rebecca
In January 2010, Lady Brownlie with her husband Sir Brownlie were on holiday in Egypt, staying at the Four Seasons Hotel Cairo at Nile Plaza. On a previous visit to the hotel, she had picked up a leaflet published by the hotel advertising safari tours which it provided. Before leaving England on the subsequent trip, she telephoned the hotel and booked with the concierge an excursion to Fayoum in a hired chauffeur-driven car. The excursion took place on 3 January, and ended in tragedy. The car left the road and crashed. The passengers, in addition to Sir Ian and Lady Brownlie, were his daughter Rebecca, and Rebecca’s two children. Sir Ian and Rebecca were killed. Lady Brownlie and the two children were seriously injured.
The full text of the Supreme Court`s decision may be found at :
https://www.supremecourt.uk/cases/do...5-judgment.pdf
The Appeal Court`s earlier decision is more detailed and can be found at :
1 Chancery Lane | Court of Appeal Judgment - Brownlie -v- Four Seasons Holdings Inc
It would appear this particular accident has a similar theme to the death of the distinguished lawyer, Sir Ian Brownlie QC and his daughter Rebecca
In January 2010, Lady Brownlie with her husband Sir Brownlie were on holiday in Egypt, staying at the Four Seasons Hotel Cairo at Nile Plaza. On a previous visit to the hotel, she had picked up a leaflet published by the hotel advertising safari tours which it provided. Before leaving England on the subsequent trip, she telephoned the hotel and booked with the concierge an excursion to Fayoum in a hired chauffeur-driven car. The excursion took place on 3 January, and ended in tragedy. The car left the road and crashed. The passengers, in addition to Sir Ian and Lady Brownlie, were his daughter Rebecca, and Rebecca’s two children. Sir Ian and Rebecca were killed. Lady Brownlie and the two children were seriously injured.
The full text of the Supreme Court`s decision may be found at :
https://www.supremecourt.uk/cases/do...5-judgment.pdf
The Appeal Court`s earlier decision is more detailed and can be found at :
1 Chancery Lane | Court of Appeal Judgment - Brownlie -v- Four Seasons Holdings Inc
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It seems that some people are falling into the old trap of equating flying hours with capability. A thousand hours of teaching circuits does not make a good aerobatic pilot, ten thousand hours in the rhs of a heavy four jet does not necessarily mean the same pilot will make a good commander, twenty thousand hours in multi-engine aircraft does not automatically mean that a pilot is anything more than competent in GA; in each scenario it might but no guarantee.
It would be wrong to speculate too much into the Malibu incident but I get the sense that a chain of events took place which put the pilot into a corner from which he felt the simplest way out was to complete the flight. Perhaps there were ample opportunites to break that chain but none was taken resulting in tragedy.
It would be wrong to speculate too much into the Malibu incident but I get the sense that a chain of events took place which put the pilot into a corner from which he felt the simplest way out was to complete the flight. Perhaps there were ample opportunites to break that chain but none was taken resulting in tragedy.
The corner started only AFTER he accepted the flight, despite not being licensed to execute. Also Sala knew and texted he wanted to return in the evening. We are all told to avoid get-home-ites. By accepting a commercial flight he put himself in the corner. I agree with you on the CPL/PPL thing.
Around ten years ago, the airlines, in particular BA, complained that they were paying too much in fees - shortly after that, over a 2-3 year period, AOC fees for the small operators almost tripled and that was in the middle of the biggest recession in a 100 years.
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@ sense re your #1620... indeed, I have encountered DYKWIA in ATC, to the extent that I filed an official Report against one of our locally-based Captains.
Pressures can be applied from all quarters, and it requires a bit of balls to tell those up the food chain to go away.
Pressures can be applied from all quarters, and it requires a bit of balls to tell those up the food chain to go away.
I think the biggest surprise most Wingly PPLs will get is when confronted by an aggressive cost sharing passenger who demands what he paid for whilst saying, "it looks alright to me" ......
I'd like to think he's learned something since
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If that flight had been flown by a commercial pilot, planning and making the flight professionally but making a stupid mistake during the approach and crashing the aircraft,
this whole discussion would have been reduced to: "very sad, but it can happen to everyone to make deadly mistakes".
No pilot is immune from making an in-flight error. The difference with this Sala accident is that critical errors were made on the ground, even before the engine was started.
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How many accidents can you recall that would satisfy the terms of illegal "grey flying" which let me push you to suggest that were such flying to be illegal then given the duty of the CAA there would surely follow a prosecution. I can think of just 1, the recently prosecuted PA28 / Manchester pilot.
Unless I am oblivious to a heap more then either one must conclude it either doesn't happen or the CAA turn a blind eye?
Unless I am oblivious to a heap more then either one must conclude it either doesn't happen or the CAA turn a blind eye?
On arrival there were the two men in blazers, stripey ties and clipboards who checked the docs and, at my insistence, looked at the performance figures. I then pointed to the Bandierante parked next to the Otter (and which had no chance of operating legally from the short grass strip) and asked if they were going to check his performance figures. They pointed to the Irish registration and said they had no authority to inspect foreign registered aircraft, so no. I guess that would still apply to N reg a/c.
Regarding the observation that at one stage CAA Flight Operations and Air Taxi Operations Inspectors did not have authority to board and inspect foreign registered aircraft, this is quite correct. When I was granted a CAA Flight Operations Inspector's Authority and Certificate of Appointment in February 1986 the relevant text began:
"TO WHOM IT MAY CONCERN The Civil Aviation Authority of the United Kingdom of Great Britain and Northern Ireland certifies that the holder of this certificate is a Flight Operations Inspector appointed to inspect in the interests of aviation safety the operation of aircraft registered in the United Kingdom of Great Britain and Northern ireland, wherever they may be." Then in December 1994 an additional sentence was inserted so as to continue the previous text thus, " and the operation of aircraft not so registered whilst they are within the United Kingdom of Great Britain and Northern Ireland."
"TO WHOM IT MAY CONCERN The Civil Aviation Authority of the United Kingdom of Great Britain and Northern Ireland certifies that the holder of this certificate is a Flight Operations Inspector appointed to inspect in the interests of aviation safety the operation of aircraft registered in the United Kingdom of Great Britain and Northern ireland, wherever they may be." Then in December 1994 an additional sentence was inserted so as to continue the previous text thus, " and the operation of aircraft not so registered whilst they are within the United Kingdom of Great Britain and Northern Ireland."
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Although I retired as a Flight Operations Inspector in 2001, I doubt that I could really be considered qualified today to comment on the current activities undertaken by the UK CAA with regard to managing safety oversight, for much has changed in the interim. However, we should bear in mind that a presumption exists, and is reflected in national legislation relating to aviation, that all who may be involved in this activity, in whatever capacity, amateur or professional, will wish to perform their duties or activities such that aircraft will fly safely.
Hence, legislation pertaining to non-commercial air transport activities is relatively light on limitations whereas those relating to commercial air transport include additional requirements designed to reduce hazards and mitigate risk when the public hire or offer/provide 'reward' (ie pay for) services on offer. Therefore, it is the responsibility of individuals as well as service providers to ensure that they understand whatever requirements apply to their activities and adhere to them.
It may be worth remembering that laws in the UK are made by parliament whilst the CAA helps to frame such laws as may need updating or introducing acting as advisers to the government. Based upon experience, some laws prescribe requirements that will enhance safety margins whilst others proscribe actions such as are considered likely to increase risk. Although the Authority will investigate where it becomes aware that laws would appear to have been broken, this is by no means its main activity. Rather, this is to advise and assist those who seek to fly themselves as well as those who provide services to the public so as to ensure that, in the case of the latter, through audits and inspections the relevant standards are being upheld to the extent that licences, approvals, certificates, etc may be granted/issued and renewed. Where regulations are found to have been transgressed, the Authority is more likely to take administrative action (eg licence suspension) rather than seek the applications of sanctions through the courts.
Although the methods applied today by those who are employed by the UK CAA may differ in format from those that were applied during the 20 years I spent in the Flight Operations Department, I doubt that the overall purpose has changed very much. It still behoves everyone involved in aviation to know what the requirements affecting their part of the operation are and to do their best to ensure that safety remains their top priority - and this applies across the board to baggage handlers, air traffic control staff, simulator instructors, aircraft design and maintenance engineers, managers, medical examiners, cabin crew, flight crew, surveyors, etc etc. As a former flight safety bulletin some 50 years ago published by Wg Cdr Spry in "Air Clues" had it, "Flight safety is your business" - with the emphasis on 'your'!
Hence, legislation pertaining to non-commercial air transport activities is relatively light on limitations whereas those relating to commercial air transport include additional requirements designed to reduce hazards and mitigate risk when the public hire or offer/provide 'reward' (ie pay for) services on offer. Therefore, it is the responsibility of individuals as well as service providers to ensure that they understand whatever requirements apply to their activities and adhere to them.
It may be worth remembering that laws in the UK are made by parliament whilst the CAA helps to frame such laws as may need updating or introducing acting as advisers to the government. Based upon experience, some laws prescribe requirements that will enhance safety margins whilst others proscribe actions such as are considered likely to increase risk. Although the Authority will investigate where it becomes aware that laws would appear to have been broken, this is by no means its main activity. Rather, this is to advise and assist those who seek to fly themselves as well as those who provide services to the public so as to ensure that, in the case of the latter, through audits and inspections the relevant standards are being upheld to the extent that licences, approvals, certificates, etc may be granted/issued and renewed. Where regulations are found to have been transgressed, the Authority is more likely to take administrative action (eg licence suspension) rather than seek the applications of sanctions through the courts.
Although the methods applied today by those who are employed by the UK CAA may differ in format from those that were applied during the 20 years I spent in the Flight Operations Department, I doubt that the overall purpose has changed very much. It still behoves everyone involved in aviation to know what the requirements affecting their part of the operation are and to do their best to ensure that safety remains their top priority - and this applies across the board to baggage handlers, air traffic control staff, simulator instructors, aircraft design and maintenance engineers, managers, medical examiners, cabin crew, flight crew, surveyors, etc etc. As a former flight safety bulletin some 50 years ago published by Wg Cdr Spry in "Air Clues" had it, "Flight safety is your business" - with the emphasis on 'your'!
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For completeness, this exchange said to be between Callum Davies - Player Liaison Officer of Cardiff City Football Club - and Emiliano Sala may be worth putting on record. It has been published by the French media outlet Ouest-France and shows Cardiff City offering Emiliano Sala a scheduled round trip from Cardiff to Paris . There is a translation at the end of the transcript.
Player Liaison Officer: [thumbs up emoji]
Emiliano Sala: Thank you very much
PLO: It's nothing friend
I write Spanish better than I speak it
ES: Ha ha very good
PLO: My girlfriend speaks Spanish. She is a teacher
[shares commercial flight details]
PLO: It is an option perhaps. Cardiff-Paris.
But it's early.
ES: Friend.
It's good.
I have a flight going tomorrow to Nantes and return Monday night to Cardiff.
Willie McKay called me.
PLO: Ok mate. Have you agreed a price with him?
ES: Yes it's good. We will speak tomorrow before leaving for Nantes.
PLO: Ok that works.
What time do you fly?
Player Liaison Officer: [thumbs up emoji]
Emiliano Sala: Thank you very much
PLO: It's nothing friend
I write Spanish better than I speak it
ES: Ha ha very good
PLO: My girlfriend speaks Spanish. She is a teacher
[shares commercial flight details]
PLO: It is an option perhaps. Cardiff-Paris.
But it's early.
ES: Friend.
It's good.
I have a flight going tomorrow to Nantes and return Monday night to Cardiff.
Willie McKay called me.
PLO: Ok mate. Have you agreed a price with him?
ES: Yes it's good. We will speak tomorrow before leaving for Nantes.
PLO: Ok that works.
What time do you fly?
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For completeness, this exchange said to be between Callum Davies - Player Liaison Officer of Cardiff City Football Club - and Emiliano Sala may be worth putting on record. It has been published by the French media outlet Ouest-France and shows Cardiff City offering Emiliano Sala a scheduled round trip from Cardiff to Paris .
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I wouldn't quibble with the point you make deltafox44.
I think it's interesting that the flight from Nantes to Cardiff was being envisaged - by Sala - from the outset as a night flight . He says "I have a flight going tomorrow to Nantes and return Monday night to Cardiff. Willie McKay called me".
This wasn't a case of Sala showing up late for take off on the Monday . Even the previous day it had been planned to be a night flight.
I think it's interesting that the flight from Nantes to Cardiff was being envisaged - by Sala - from the outset as a night flight . He says "I have a flight going tomorrow to Nantes and return Monday night to Cardiff. Willie McKay called me".
This wasn't a case of Sala showing up late for take off on the Monday . Even the previous day it had been planned to be a night flight.
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....responsibility for this accident lays fully with the pilot in command...
All that said, we all know where the blame for the current opaque legislation and grossly ineffectual enforcement lies. And because of that the pilot was, IMO, both responsible and a victim at the same time.
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Don't be so sure. He had an FAA Second Class medical without a night flying restriction. To fly an N reg at night, he would only have needed three hours night training with a FAA instructor in his logbook. This would not show up on the 61.75 certificate, because FAA certificates are deemed to include night flying privileges, unless annoted to the contrary.
The difference between CAA and FAA colour vision standards are easy to find online.
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Last edited by deltafox44; 4th Mar 2019 at 12:12. Reason: wiggy was quicker
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Don't be so sure. He had an FAA Second Class medical without a night flying restriction. To fly an N reg at night, he would only have needed three hours night training with a FAA instructor in his logbook. This would not show up on the 61.75 certificate, because FAA certificates are deemed to include night flying privileges, unless annoted to the contrary.
The difference between CAA and FAA colour vision standards are easy to find online.
The difference between CAA and FAA colour vision standards are easy to find online.