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-   -   A Cautionary Tale ? (https://www.pprune.org/private-flying/471472-cautionary-tale.html)

742-xx 11th December 2011 18:24

A Cautionary Tale ?
 
I stumbled across this on the wonderful internet.
To say it sent a shiver down my spine would be an understatement.
I didn't realise that such fines were possible.

www.gmc-uk.org/static/documents/content/Beare-_Winter.pdf

Apologies if it's been done to death before.

mad_jock 11th December 2011 18:34

yep and there will have been another chunk of "costs" stuck on the top as well.

At least the bloke has done the decent thing and handed his license back.

JP1 11th December 2011 18:49

Can you unintentionally fly at 300ft over a built up area and enter class D airspace without clearance 5 times in the course of 1 flight!

Anyone have the real story behind this?

JP1 11th December 2011 18:58

A GP esacped a warning after he flew a plane too low over a built-up residential area without a valid pilot


..Most people would have used a ladder!

PompeyPaul 12th December 2011 22:11

Unreal
 
Quite a collection of offenses for only 30 mins flying! Bet he was glad he stuck to his guns and dodged a warning.

P.Pilcher 12th December 2011 23:04

I bet that if "Flying Lawyer" hadn't been made a Judge he would have got him off most of those charges. He may have found the one about not holding a valid licence a bit difficult though!

P.P.

foxmoth 13th December 2011 07:21


I bet that if "Flying Lawyer" hadn't been made a Judge he would have got him off most of those charges.
Maybe - but would he have wanted to? I do not really see how so much of this would be "unintentional", criminally careless at the least for someone with a valid licence. Someone who has flouted the rules so blatantly deserve the full force of the law.:ooh:

Genghis the Engineer 13th December 2011 09:06

He really was having a bad day wasn't he.

I struggle to see how he did all of that accidentally, and handing his licence back seems a little OTT: I suspect however that there may have been pressures and communication about that which aren't evident.

For flying that badly, a fine of around 4 flying hours cost doesn't seem desperately unreasonable.

G

Cusco 13th December 2011 11:23

Do architects, civil engineers, I T workers, plumbers, roadsweepers get reported to their disciplinary/regulatory body if they bust airspace?

Genghis the Engineer 13th December 2011 11:38


Originally Posted by Cusco (Post 6897943)
Do architects, civil engineers, I T workers, plumbers, roadsweepers get reported to their disciplinary/regulatory body if they bust airspace?

As a chartered engineer, I'm required to report to my institutions (in my case the RAeS and the IMechE) if I've been convicted of any criminal offence. Whilst I'm aeronautical and mechanical engineer, the same would apply to a chartered civil engineer or a chartered computer engineer.

I suspect that plumbers and roadsweepers are okay.

G

QDMQDMQDM 13th December 2011 11:39


Do architects, civil engineers, I T workers, plumbers, roadsweepers get reported to their disciplinary/regulatory body if they bust airspace?
No, they don't and it is symptomatic of the paranoiac and obsessive over-regulation we are labouring under in this country. They have lost all sense of proportion on the medical side of things.

Yrs,

A GP

Genghis the Engineer 13th December 2011 11:45

QDM - yes we do, see above.

Realistically, both our professions are heavily built upon trust, and in this case the physician in question (no doctoral degree that I could see :E) was not punished in any way, but he did have to report the offences.

G

QDMQDMQDM 13th December 2011 11:52

Genghis, my point is that this should have been dealt with at the screening process and shouldn't have resulted in a hearing. Common sense has been lost totally when it comes to medical regulation. The latest GMC proposals to regulate doctors' private lives are frightening, as far as I am concerned, and go way over the top.

NazgulAir 13th December 2011 11:58

The more I think about this bizarre situation, the more I am convinced that there is a story behind this story given the drastic action of the pilot/owner/operator to ground himself.
It's useless to speculate about the cause(s) but this act deserves respect.

Genghis the Engineer 13th December 2011 12:09


Originally Posted by QDMQDMQDM (Post 6897988)
Genghis, my point is that this should have been dealt with at the screening process and shouldn't have resulted in a hearing. Common sense has been lost totally when it comes to medical regulation. The latest GMC proposals to regulate doctors' private lives are frightening, as far as I am concerned, and go way over the top.

I have to agree there - he had to report it, but the GMC didn't need to go to a hearing. There's little relationship between what he did wrong there, and his trustworthiness as a physician.

G

Cusco 13th December 2011 14:39

QDMQDMQDM Wrote


Genghis, my point is that this should have been dealt with at the screening process and shouldn't have resulted in a hearing. Common sense has been lost totally when it comes to medical regulation. The latest GMC proposals to regulate doctors' private lives are frightening, as far as I am concerned, and go way over the top.
Hear hear :D

Another quack.

Cusco 13th December 2011 14:47

G the E wrote


As a chartered engineer, I'm required to report to my institutions (in my case the RAeS and the IMechE) if I've been convicted of any criminal offence. Whilst I'm aeronautical and mechanical engineer, the same would apply to a chartered civil engineer or a chartered computer engineer.
But this chap wasn't convicted of anything: He was hauled over the coals in the same very public way as if he'd been sh*gging his patients.

And then merely got a wrist slap. What a waste of a tribunal.

QDMcubed is right - regulation if doctors' private lives is going in a very worrying direction.

Mariner9 13th December 2011 16:05


but the GMC didn't need to go to a hearing
Calm down chaps, it would seem they did :=


On 31 March the GMC wrote to you in accordance with rule 7...and advised that the Case Examiners may be minded to issue you with a warning. On 6 April 2011 you indicated you were not prepared to accept the proposed warning and wished to exercise your rights....to a hearing before the Investigation Committee
M9 (Not a quack ;))

BossEyed 13th December 2011 17:30


Originally Posted by GtE
For flying that badly, a fine of around 4 flying hours cost doesn't seem desperately unreasonable.

Strewth, Genghis, what are you flying these days, that £5k* is around 4 hours cost?


(Fines = £1800+£1200+£2000)

The Heff 13th December 2011 18:28

An unfortunate demonstration of poor airmanship, poor navigation and poor administration; but I don't understand why he's completely giving up aviation. The fact that his licence has lapsed gives him an opportunity to get some instruction to prevent him from repeating the mistakes. Something must have happened on that flight to have really shaken him up, badly. :uhoh:

Genghis the Engineer 13th December 2011 19:53

I'm not, but he was flying a PA-32, which is probably around 250/hr - okay, a bit more than four times. And per offence. Without doubt CAA does intend those fines to be a deterrent.

G

Roffa 13th December 2011 20:29

I find it mildly amusing that the administrative error, the lack of current medical/licence, is considered more serious by the GMC Committee than the actual act of low flying and busting airspace.

Like the latter would have been okay if the former was current :rolleyes:

Flying Lawyer 13th December 2011 20:40

foxmoth

Maybe - but would he (Flying Lawyer) have wanted to?
I would have been very happy to represent him (in my former life).


Someone who has flouted the rules so blatantly deserve the full force of the law.
I have no reason to suppose he did blatantly flout the rules. Whether he did or not, he certainly felt the full force of the law. He was fined a total of £5000, despite immediately admitting the offences, fully cooperating with the CAA investigation and pleading guilty. I don’t think anyone could sensibly regard the penalties as lenient. (He was probably ordered to pay costs in addition to the fines.)

In relation to the professional proceedings, I see considerable force in QDM’s point. I admire the doctor's courage in declining to accept the warning offered, even though that meant he would have to go through a hearing. The Investigation Committee, entirely properly IMHO, concluded that a warning was neither appropriate nor proportionate. Common sense ultimately prevailed.

GtE

the physician in question (no doctoral degree that I could see )
He is a doctor in the sense that the title is (correctly) used by the overwhelming majority of the UK population.
(I realise that some people with academic doctorates like to be called 'Doctor' - instead of using the relevant post nominal letters - even when outside academic institutions.


Without doubt CAA does intend those fines to be a deterrent.
The CAA doesn't decide the amount of the fine(s).
In my experience, fines in aviation cases vary greatly, not least because most courts have little or no experience of dealing with aviation matters.


Roffa

I find it mildly amusing that the administrative error, the lack of current medical/licence, is considered more serious by the GMC Committee than the actual act of low flying and busting airspace.
The magistrates court took the same view. The highest fine was for the lapsed medical/licence.
Perhaps the prosecutor suggested that was the most serious when giving the facts to the court?

That said, low flying and infringing airspace both vary considerably from minor to very serious depending upon the particular facts of the case.


FL

Roffa 13th December 2011 20:55

FL,


That said, low flying and infringing airspace both vary considerably from minor to very serious depending upon the particular facts of the case.
True. I guess my background and experiences just make me more inclined towards seeing the practical act as more of an issue than the administrative one*.

If he'd have flown sensibly nobody would have been any the wiser, not that that makes it okay of course.

* though as someone requiring a valid and current licence inc medical to exercise my competence I am aware of the implications of letting any part of it lapse!

Genghis the Engineer 13th December 2011 20:55

FL - my sense of humour only regarding titles. Many people have titles, earned or unearned. Of the several I can choose from, 'Mr' is the only one not earned, and you sometimes need to be called something! At-least people generally understand Dr., and those who have it, earned it.

Regarding the lapsed medical, I wonder if there was a general view that as a physician, medical certification is the one he could, and should, have taken most seriously?

G

PompeyPaul 13th December 2011 22:12

Not so sure
 

Without doubt CAA does intend those fines to be a deterrent.
Or, perhaps a thought of "wow, if we can rinse 30 quid from a car driver for a parking ticket just IMAGINE what we can raise from a ppl?!?!?"

Not condoning the actions of the doctor who, from what i've read, demonstrated spectacularly poor airmanship. i can't help but feel big fines like that, instead of a community work placement, do smell more of revenue generation than punishment.......

flybymike 13th December 2011 23:19


but I don't understand why he's completely giving up aviation.
Perhaps he was so utterly pi55ed off by burdensome regulation which although it had nothing whatever to do with his working life, none the less threatened to remove his livelihood, that he felt it necessary to make this (futile) gesture of disgust against the establishment.
Many pilots fly perfectly safely and legally by declaring themselves medically fit without any medical examination necessary (Medically related NPPL statistics are I understand better than Class 2 ones) Moves are afoot in the USA for further relaxation on medical matters, and of course what motive might anyone have for intentionally infringing?
Edit. I know nothing of the circumstances of this case and the whole episode was undoubtedly a complete debacle from any point of view.

abgd 14th December 2011 00:36


Medically related NPPL statistics are I understand better than Class 2 ones
I'd be interested to see where that comes from. I can see the argument that a class-2 medical may not increase safety enough to be proportionate, but I don't immediately see how there can be a causal link between having more medical scrutiny and having more accidents.

There could be an association - e.g. ppls may be likely to be older than nppls and will therefore have more cardiac events whilst flying.


He is a doctor in the sense that the title is (correctly) used by the overwhelming majority of the UK population.
(I realise that some people with academic doctorates like to be called 'Doctor' - instead of using the relevant post nominal letters - even when outside academic institutions.
I'm interested to hear that - I had thought that 'doctor' for a medical doctor was an honorary title, but a PhD was a 'proper doctor'. I know it's an offence to try to fraudulently pass oneself off as a medic... But that's a separate issue.

But going back on topic, amongst other things, you would want any doctor treating you to be competent, which implies not only knowledge but also common sense and a degree of attention to detail. I think it's quite an interesting question, to what extent these attributes carry over from one area of life to another. Not talking about this case in particular, I think there's a case to be made that the GMC (or equivalent) should be involved whenever a doctor calls their integrity or judgement into doubt.

Which isn't to say that the current setup for medical training, assessment and licensing isn't bureaucratic and frequently downright inhumane.

Cusco 14th December 2011 05:59

G the E wrote


Many people have titles, earned or unearned. Of the several I can choose from, 'Mr' is the only one not earned, and you sometimes need to be called something!
Believe me, G the E , there are certain branches of the medical profession where the term Mr is very hard earned!.

Cusco (Mr)

Genghis the Engineer 14th December 2011 09:23

Indeed they have, but I didn't.

G (Dr., Eur.Ing., Tashi, Sensei, Mr. and presumably Captain)

flybymike 14th December 2011 10:29


Medically related NPPL statistics are I understand better than Class 2 ones

I'd be interested to see where that comes from. I can see the argument that a class-2 medical may not increase safety enough to be proportionate, but I don't immediately see how there can be a causal link between having more medical scrutiny and having more accidents.

I think it was David Roberts who produced some statistics over on the Flyer forum a while ago. I have had a quick search but cannot find the relevant thread at the moment.

mad_jock 14th December 2011 11:07

The good old Dr of philosophy v medical doctor.

Always hilarious amounts of fun, especially when there is a Medic with a Phd and a sense of humour stirring things up.

All very childish with renditions of Post man Pat.

Now even Dentists are calling themselves Doctor which must be a bit of a kick in the bollocks to the medics.

M-ONGO 14th December 2011 11:08

G the E - this thread is about a CAA prosecution. Get off your soap box about the titles!

(P.S. with the avatar 'boffin at large', I'm sure we all assumed you would have letters after your name...)

Genghis the Engineer 14th December 2011 11:11


Originally Posted by M-ONGO (Post 6899833)
G the E - this thread is about a CAA prosecution. Get off your soap box about the titles!

Soap box? I made a throwaway comment and somebody picked up on it. Then we had a traditional PPrune thread-drift.

And is it about the CAA prosecution,the GMC hearing, why the chap gave his licence back? Or for that matter why he got it wrong and committed the offences in the first place?

G

M-ONGO 14th December 2011 11:17


And is it about the CAA prosecution,the GMC hearing, why the chap gave his licence back? Or for that matter why he got it wrong and committed the offences in the first place?
Why he got it wrong in the first place?

I wouldnt know Genghis. I'm not a psychologist. I don't have that title after my name...

mad_jock 14th December 2011 11:22

Think it should be title before your name :p and letters after ;)

MJ who has letters after but no titles and hates it when certain folk in the industry send me letters addressed Capt MJ

M-ONGO 14th December 2011 11:27

Jings MJ! And corrected by you of all people :) good catch!

FL - are the fines means tested that the courts dish out? Possibly why they were so high?

Genghis the Engineer 14th December 2011 11:36


Originally Posted by mad_jock (Post 6899859)
Think it should be title before your name :p and letters after ;)

MJ who has letters after but no titles and hates it when certain folk in the industry send me letters addressed Capt MJ

Who gets the Captain title anyhow? I've only ever been addressed as Captain when I'm being bollocked, as in "were you the captain of the aircraft which broke rules X, Y and Z ?"

G

Legalapproach 14th December 2011 11:54

As someone who deals with both aviation and GMC cases I will add a couple of comment as follows:

Level of fines - undoubtedly the magistrates would have had regard to the defendant's means and would have pitched the level of the fine accordingly. Higher the income generally means the higher the fine.

GMC - the GMC would generally be concerned about matters that affect a Doctor's ability to practice and the confidence of the public in the medical profession. Therefore what might be seen as paperwork errors (overlooking an expired medical etc) are things that could directly translate into a Doctor's professional capabilities and may be more serious in a GMC context than other actions that would be outside the scope of a doctor's duties/responsibilities.

cct 14th December 2011 12:10

"MJ who has letters after but no titles and hates it when certain folk in the industry send me letters addressed Capt M"

Wouldnt that be M Capt J? or just Mad Cap?


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