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-   -   Cardiff City Footballer Feared Missing after aircraft disappeared near Channel Island (https://www.pprune.org/accidents-close-calls/617514-cardiff-city-footballer-feared-missing-after-aircraft-disappeared-near-channel-island.html)

WHBM 28th Nov 2021 11:37


Originally Posted by Dog on Cat3 (Post 11147799)
I am thus curious as to why this mature, educated, former RAF man ... would be daft enough to engage in such risk taking,

This is a person who made a considerable business out of flying long range ferry flights in single engine light aircraft, such as across the North Atlantic in Cessnas and Pipers, and in fact made a TV programme about it. If that's not risk taking I don't know what is. In contrast, crossing the English Channel in a higher-end single must have seemed trivia itself.

henra 28th Nov 2021 11:55


Originally Posted by Richard Dangle (Post 11148128)
Everyone here will have seen our fellow human beings do incredibly, incomprehensingly dumb stuff for no apparent meaningful reasons. And most of us will hold our hands up and admit we have done the same - I know I have. A lot of the time, the thing that has the biggest single influence on any given outcome is simply pure luck.

YMMD!
Summed up perfectly.
Btw. one of the biggest Online Platforms exists mostly out of this (Yout*be), to prove your point.

EXDAC 28th Nov 2021 14:05

Read part 91!
 
Before posting about what 14 CFR part 91 allows and does not allow people should actually read it. Part 91 is applicable to commercial operation and there is no prohibition on being single crew conducting a commercial operation over age 60.

Please stop referring to commercial operation in general when the point you want to make is in reference to a very specific subset of commercial operation.

parkfell 28th Nov 2021 15:11


Originally Posted by EXDAC (Post 11148217)
Before posting about what 14 CFR part 91 allows and does not allow people should actually read it. Part 91 is applicable to commercial operation and there is no prohibition on being single crew conducting a commercial operation over age 60.

Please stop referring to commercial operation in general when the point you want to make is in reference to a very specific subset of commercial operation.

Those participating in these discussions are fully aware that this US registered aircraft was based in the UK, and not in the USA.
Commercial operations were not permitted by either the FAA, EASA, or UK CAA.
Licensing was based predominantly on EASA regulations.
It is as much an academic discussion here on PPRuNe that pilots aged 60 or more, under EASA, cannot fly single crew commercial operations.
He was illegal on multiple fronts, convicted & jailed for 18 months.
Now appealing the sentence.

ShyTorque 28th Nov 2021 18:45

The age limit of 60 applies to single public transport operations, which the type of flights under main discussion are. Generally speaking, if you approach an AOC holder and buy a seat, it’s public transport.

Dog on Cat3 29th Nov 2021 11:40

Deterrent needed?
 
Well, if it is deterrent you seek re' grey chartering perhaps this legal upgrade affecting Europe's coach and road haulage industries from February 2022 may bring hope:

" 7. Joint liability of shippers
A joint liability principle was introduced, whereby shippers can be held liable for the infringements committed by the hauliers they use where they knew or ought to have known the transport services they commissioned involved infringements. "

Were AOC law to include a similar principle it would become easier for CAA, etc, to go after all those in the background, at least in future cases. Perhaps more importantly the deterrent effect could well be significant, instantaneous and all at minimal cost.

Just a thought...

Yellow Sun 29th Nov 2021 13:25


Originally Posted by Dog on Cat3 (Post 11148699)

" 7. Joint liability of shippers
A joint liability principle was introduced, whereby shippers can be held liable for the infringements committed by the hauliers they use where they knew or ought to have known the transport services they commissioned involved infringements. "

Just a thought...

I would rather wait until:

a. There are a few successful prosecutions based upon the “Joint liability “ principle outlined above.
b. See an example of how it might be framed in UK law.

The phrase “ought to have known “ would give me cause for concern and thus lead to yet another law on the statute book that is never applied.

YS

parkfell 29th Nov 2021 16:08

If not already done, the CAA legal dept need to explore the concept of Joint Liability so that when the likes of football agents etc need to hire an aircraft, they know full well that an AOC operator is the only option.

Perhaps when the MPs get involved, the Department of Transport can give ‘direction’ to the CAA to draw up proposals for new legislation.
PPRuNers might consider writing to their MPs, and Grant Shapps, Secretary of State for Transport with your concerns.

WHBM 29th Nov 2021 17:08

So who might have been jointly liable here ?

Henderson ? Ibbotson ? McKay ? McKay Junior ? Southern Aircraft Consultancy ? Cardiff football club ? The CAA for looking the other way ? Sala ?

Seems like a route to lawyers' riches.

ShyTorque 29th Nov 2021 17:37

I remember a minor CAA campaign (about ten years ago?) where they produced leaflets for potential passengers, explaining the requirement to ensure that a proposed flight was sought from an AOC holder, rather than any old Joe Soap PPL holder who fancied illegally earning a bob or two and risking it.

These were placed on the desk at Battersea heliport and other places and handed out at major events.

SWBKCB 1st Dec 2021 21:41

CAA launch consultation on cost-sharing


Cost sharing flights are flights shared by private individuals. The ‘cost-share’ element refers to the costs of the specific flight which can be shared between the pilot and others onboard the aircraft. These costs are the ‘direct costs’ which are directly incurred in relation to a specific flight such as fuel, airfield charges, or aircraft rental fees.

One of the problems with cost sharing flights is where pilots and passengers of Illegal Commercial Air Transport collude to present illegal flights as legal cost shared flights.

In 2021 we reviewed the cost sharing regulations. This consultation is focused on our proposals to update the regulations
https://consultations.caa.co.uk/corp...hared-flights/

parkfell 2nd Dec 2021 07:54


Originally Posted by WHBM (Post 11148833)
So who might have been jointly liable here ?

Henderson ? Ibbotson ? McKay ? McKay Junior ? Southern Aircraft Consultancy ? Cardiff football club ? The CAA for looking the other way ? Sala ?

Seems like a route to lawyers' riches.

The CAA enforcement need adequate resources and legal authority to undertake HMRC style forensic examination of financial transactions where these unlawful activities are suspected.

Adequate publicity will be needed with any changes in the law to make it abundantly clear that even ‘aiding & abetting’ such activity is an offence with fines/jail time.

Deter the practice with beefed up legislation & the feeding frenzy of M’learned friends will be reserved for an occasional Crown Court appearance.

c52 7th Dec 2021 11:02

Somewhat similar case reported from France: PA-46 accident passengers wrongly believed they were flying with airline | News – Intecaerospace

BoeingDriver99 7th Dec 2021 12:21

Rich people making mistakes that only rich people can make; trying to be cheap

And regulators turning a big, blind eye. Quelle surprise.

SWBKCB 7th Dec 2021 12:58

Wow - unbelievable, especially as the KLM Loyalty programme is called "Flying Blue"

French investigation authority BEA has detailed its concern over the way the flight to Courchevel mountain airfield was arranged, after the passenger organising the trip believed the service was associated with Air France-KLM. The flight – on 8 February 2019 – was actually a private one, arranged through an internet platform called Bluewings which put passengers in contact with aircraft owners and pilots.

Bluewings had been assisted by a start-up studio for new businesses, called BigBlank, which was a subsidiary of Air France-KLM created to incubate innovative travel projects. BigBlank helped create the Bluewings platform. The Bluewings website indicated, in small print, that it was not an airline and its purpose was to facilitate travel by connecting passengers with pilots and aircraft.

But when the passenger paid for the hire of the aircraft and pilot, through a single invoice, the bank transfer details mentioned BigBlank and Air France-KLM, giving the impression that the airline group was involved. BEA adds that other services proposed on the website, such as hotel transfer, could “resemble” those of commercial transport, even while remaining in the scope of private operation.

parkfell 7th Dec 2021 17:54

Like the concept of AIR TRANSPORT POLICE….

jumpseater 28th Jan 2022 09:45

https://www.google.co.uk/amp/s/metro...-15915539/amp/

Anyone got a current address or phone number? Coroner might appreciate a heads up if so.
Mind you postal service has been a bit wobbly with Omicron fallout, so he might not have received the letter…

parkfell 3rd Feb 2022 21:12

David Henderson has been refused permission to appeal his 18 month sentence by the Court of Appeal.

sirAlex 15th Feb 2022 17:17

Inquest began today
 
In Bournemouth Town Hall. With a jury.

Wiki says:

"Since 1927, coroner's juries have rarely been used in England. Under the Coroners Act 1988, a jury is only required to be convened in cases where the death occurred in prison, police custody, or in circumstances which may affect public health or safety."


'Expected to last 5 weeks' says the report I read.


Not allowed by this site to post a link, however

treadigraph 15th Feb 2022 18:42

https://www.bbc.co.uk/news/uk-wales-60390698


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