PPRuNe Forums

PPRuNe Forums (https://www.pprune.org/)
-   Rotorheads (https://www.pprune.org/rotorheads-23/)
-   -   Helicopter commander in court for allegedly breaking rules (https://www.pprune.org/rotorheads/438138-helicopter-commander-court-allegedly-breaking-rules.html)

212man 28th Jan 2011 09:44


Except for the last one
Which one was that? Not the case in this thread if the CAA are still reviewing their response.

Fly_For_Fun 28th Jan 2011 10:31

:ugh::ugh::ugh::ugh:

Sir Niall Dementia 28th Jan 2011 11:18

Intersting how the aircraft operator and the AOC holder are so quiet. I wonder what help they gave the pilot.................

hands_on123 28th Jan 2011 12:03

Knowing that operator they probably sent him an invoice.

Sir Niall Dementia 28th Jan 2011 12:19


Originally Posted by hands_on123
Knowing that operator they probably sent him an invoice.

Ho123 :D:D:D:D:D:D:D:D

Need money 28th Jan 2011 12:23

hands_on123 :ok:

Heli32 28th Dec 2011 17:07

Kim Campion
 
Just come across this thread as I am searching for contact details for Kim. I hope he still has his livelihood. He is without doubt the best helicopter instructor I have ever come across. I want him to teach my son to fly and I hope the CAA can maintain a sense of perspective on this issue. Seems to me its a procedural oversight and nothing more.

Reply via PM, please.

SP

JimBall 28th Dec 2011 22:33

Very much still flying and instructing.

One day I'll put my thoughts down in writing about this ludicrous prosecution which used everything about the law to persecute a pilot for no real reason. And the evidence was enhanced. The CAA legal dept used the threat of a criminal record like a baseball bat and forced the plea.
Low life.

toptobottom 28th Dec 2011 23:22

Heli32 - just sent you a PM
TTB

rick1128 28th Dec 2011 23:30

JB,

You really don't want FAR 91.13. It is the most abused regulation the FAA has. Several years ago it was not so bad when FAA inspectors had some real experience. Unfortunately now, many have very little real experience and they look at an event and judge it on if they personally would do that or not. If not then you were operating in a manner that was careless and reckless and file a violation.

Fortunately, the FAA Chief Counsel's Office looks at things a little differently. One of the criteria they use is 'were your actions, reasonable and prudent?' If they were and you can show that, that is the end of it.

JimL 29th Dec 2011 07:22

Rick1128,

All States have a FAR 91.13 equivalent.

Jim

SASless 29th Dec 2011 07:35


Pilots can be, and often have been, successfully prosecuted for breaching Rule 5 even where there was no danger whatsoever.

Just why must one be "Prosecuted" for an act that creates no hazard...presented no recklessness....and did no harm....and was absent any intent to do harm or cause damage and the vile perpetrator cooperates with the investigation?

Does the Crown treat all miscreants that way for other such similar heinous "Crimes against Humanity"?

The FAA is far more realistic in their approach to the Rule 5 silliness of the CAA.....


§ 91.119 Minimum safe altitudes: General.
top
Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA;
and

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.

[Docket No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91–311, 75 FR 5223, Feb. 1, 2010]

JimL......

Yes all States have the equivalent of our FAR Part 91.13.


Sec. 91.13

Careless or reckless operation.

(a) Aircraft operations for the purpose of air navigation. No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another.(b) Aircraft operations other than for the purpose of air navigation. No person may operate an aircraft, other than for the purpose of air navigation, on any part of the surface of an airport used by aircraft for air commerce (including areas used by those aircraft for receiving or discharging persons or cargo), in a careless or reckless manner so as to endanger the life or property of another.

The question extant is not about the existence of the Rule....but rather the enforcement attitude and general appearance of high handedness of the enforcement of the Rule. It would appear Rule 5 is being used as a different avenue to achieving the same intent of the UK equivalent of 91.13. The key being the "prosecution" of an inidividual for what was not a reckless or dangerous act in and of itself.

Our German friends have a saying about "Orders are Orders!"....is this a case of "Rules are Rules!"?

Under the UK system...who gets the money paid by the violator....the "Costs" and "Fine/Penalty"? The CAA or the Exchequer? If the CAA gets the money...I can see a vested interest for them in aggressively enforcing each violation or assumed violation and doing so purely for monetary gain rather than ensuring the Public Safety.

rick1128 29th Dec 2011 13:34

Jim,

Unfortunately, 91.13 is so vague that the interpretation of it is really in the eyes of the beholder. Which can lead to some very major abuses.

SASless 8th Jan 2012 17:01

Here is a good example of how the FAA (and other guvmint agencies) make themselves so popular with people in the real world.

How much investigation and how long should it take to make a decision in this matter?

Is there not both the "Letter of the Law" and the "Spirit of the Law" that enters into the consideration of things?

Will the Feds now having stuck their beaks into this....drag their feet until the whole intent of the Conservation Project is rendered useless? I know one cannot make an omelet without breaking some eggs but damn....where is the commonsense in this?

News from The Associated Press

Thomas coupling 9th Jan 2012 09:31

This is so clear cut, I don't know what the fuss is about.
Has anyone spoken to Vincent (since it seems so many know him anyway) and asked this 4500hr guy, why he infringed the rule?

Strange how so many pilots are ringing every last drop out of this issue:confused:

toptobottom 9th Jan 2012 12:14

'Vincent' maintains that he didn't break the rule [5]. In fact, in the summing up, the somewhat confused judge described Vincent as guilty of flying closer than 500' to the ground...

Lonewolf_50 9th Jan 2012 20:12


This is so clear cut, I don't know what the fuss is about. Has anyone spoken to Vincent (since it seems so many know him anyway) and asked this 4500hr guy, why he infringed the rule? Strange how so many pilots are ringing every last drop out of this issue
Wringing? (Was there an intentional pun regarding amount of noise involved? :confused: )

In fact, in the summing up, the somewhat confused judge described Vincent as guilty of flying closer than 500' to the ground ...
What, in a helicopter? :ugh:

This thread has been a curious read, that I'll grant you.


All times are GMT. The time now is 07:56.


Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.