N Reg; A Flag of Convenience?

[Jonzarno]

The owner of the Sala aircraft (I understand ) played no part in this saga Jon.

Mike: I don’t have a dog in this fight, but I would have thought that the owner of the aircraft certainly would at least be interviewed as part of an investigation into this accident given that the central allegation is that it was an illegal charter being carried out using the owner’s aircraft.

[Mike Flynn]

Agreed Jon and I equally don’t have a dog in this fight.

The primary outcome of this accident will be at least a year down the line.
The inquest cannot take place until the AAIB conclude their report. Any CAA legal charges etc will follow that as will civil litigation.

As for the N flag it is probably like the curates egg ,good in parts.

What the UK lacks is decent GA lobbyists at both CAA and parliamentary level.

This whole Euro thing is a mess so I understand anyone wanting to register elsewhere.

[India Four Two]

I seriously doubt N-registered aircraft flying abroad have increased in number.

ChickenHouse, I don't think that is correct. When I was hanging around airfields as a spotter in the early 60s and then as a PPL later in the decade, I don't remember seeing or even hearing of any N-registered light aircraft, with one exception. There was a Beaver at Booker that was used by a flying club that catered for USAF members stationed at RAF High Wycombe.

I would be interested to know how the UK-based N-reg fleet came about. Was there a change in legislation or was it a practice that just grew as more and more pilots realized the advantages?

[Ebbie 2003]

Mike - there ia a lot of comment about "hiding behind trusts".

For the record, there is no hiding.

The trusts are non-citizen trusts - if you are not a US citizen you cannot register a US airplane, so it must be registered by a trust.

The non-citizen trust most use around the world is SAC - got an issue you sue them and if the beneficial owner does not step up the SAC will sue them, not difficult to understand. Indeed it is no more complicated than a UK airplane held by a limited liability company, the paper work can be examined and the owner revealed.

It is my understanding that SAC were forthcomming about the beneficial owner of the Sala airplane; the trust documents are registered in OK City and a freedom of information request will get you a copy - there is no hiding.

There is no hiding of anything.

[Jonzarno]

Indeed it is no more complicated than a UK airplane held by a limited liability company

There is one difference: a limited liability company could have assets of £100 and that is all you can get out of suing it.

[Mike Flynn]

Originally Posted by Jonzarno

There is one difference: a limited liability company could have assets of £100 and that is all you can get out of suing it.

Not quite Jon.

There is the criminal offence of corporate manslaughter.(see https://en.m.wikipedia.org/wiki/Corp...in_English_law )

I am not sure how David Henderson structured his operation but clearly this will emerge with the legal matters as they unfold.

If he had an AOC then this defence would be in the public domain by now.
The AAIB suggest otherwise.

If he passed the transport of Sala to Ibbotson,as has been suggested by the agent, knowing it was an illegal charter and the pilot was not qualified to undertake the mission clearly he faces criminal charges.

A person who is convicted of corporate negligence or trading fraudulently is not protected from having their personal assests seized by a court despite the rules on limited liability companies.

Courts and prosecutors look at confiscation orders on the basis of the illegal gain.

[Jonzarno]

Mike

In the event of a criminal act, you are right in principle, and certainly the Sala case may well end up with criminal prosecutions as you say.

Given that this thread is about Nreg as a general flag of convenience: what I was trying to highlight was the difference between a trust which is effectively transparent in the event of a civil claim whereas a limited company isn’t.