LHR Breathtest. Update: Captain jailed
Join Date: Jan 2004
Location: uk
Posts: 112
Likes: 0
Received 0 Likes
on
0 Posts
Lhr breathtest
ILS 119.5. We all feel pressure from our bosses in all walks of life but you just have to get on with the job to the best of your ability. It concerns me that you feel that you are 'pressurised to make errors' in your line of work, if you are a pilot that is?
Join Date: Jul 2003
Location: London
Posts: 156
Likes: 0
Received 0 Likes
on
0 Posts
desert_knight.
My thoughts on your post above regarding what has that got to do with drinking. Perhaps some have a drink to relieve themselves from the unsafe practices they are being forced to carry out by the people squeezing their nads (so to speak). I'm sure you know many people who have a shocking day and go home and perhaps drink a little too much such that you can identify them at work the next day.
So say for example it was a decision making manager and a pilot (sober as a judge) calls in cant go something is tech etc etc and gets told by the suffering manager (cause of his heavy night, but it's okay in an office !!), "Look I don't need this Sh*t, just fly the plane home". He/she perhaps didn't really want this problem given the drum beat in the head they are dealing with, but perhaps that decision was fatal. A whole other thread there why is the alcohol limit lower higher for maintenance that in itself is surely crazy (the justification as dont need a quicker reaction time is tosh, it is a high pressure job too), perhaps it should be carried right through to everyone even at their desk punching excel spreadsheets (extreme)
Hey I am just relaying what I think the link is/could be in the above posts. I agree it's cut throat nowadays but with more and more cost cutting measures coming in from "accountants" some of whom perhaps don't understand the impact of their decisions then we are getting close to some terrible incidents. This Forum is covered with examples of such practises due to cost cutting. Personally and unfortunately I think there are some terrible accidents due on the horizon with these "sharp practices".
Regards & No offence
My thoughts on your post above regarding what has that got to do with drinking. Perhaps some have a drink to relieve themselves from the unsafe practices they are being forced to carry out by the people squeezing their nads (so to speak). I'm sure you know many people who have a shocking day and go home and perhaps drink a little too much such that you can identify them at work the next day.
So say for example it was a decision making manager and a pilot (sober as a judge) calls in cant go something is tech etc etc and gets told by the suffering manager (cause of his heavy night, but it's okay in an office !!), "Look I don't need this Sh*t, just fly the plane home". He/she perhaps didn't really want this problem given the drum beat in the head they are dealing with, but perhaps that decision was fatal. A whole other thread there why is the alcohol limit lower higher for maintenance that in itself is surely crazy (the justification as dont need a quicker reaction time is tosh, it is a high pressure job too), perhaps it should be carried right through to everyone even at their desk punching excel spreadsheets (extreme)
Hey I am just relaying what I think the link is/could be in the above posts. I agree it's cut throat nowadays but with more and more cost cutting measures coming in from "accountants" some of whom perhaps don't understand the impact of their decisions then we are getting close to some terrible incidents. This Forum is covered with examples of such practises due to cost cutting. Personally and unfortunately I think there are some terrible accidents due on the horizon with these "sharp practices".
Regards & No offence
Join Date: Jul 2000
Location: London
Posts: 2,916
Likes: 0
Received 0 Likes
on
0 Posts
Jack the Lad
ILS 119.5 was right. In this country, as in many others, a man is presumed to be innocent until he is proved Guilty.
You're free to adopt another approach if you wish, but that's the law.
Tudor Owen
ILS 119.5 was right. In this country, as in many others, a man is presumed to be innocent until he is proved Guilty.
You're free to adopt another approach if you wish, but that's the law.
Tudor Owen
Just a numbered other
ILS 119.5 was right. In this country, as in many others, a man is presumed to be innocent until he is proved Guilty.
Join Date: Feb 2001
Location: london/UK
Posts: 499
Likes: 0
Received 0 Likes
on
0 Posts
Well, Jack the lad has a point in a way, people who are really guilty do get aquitted on a regular basis (the man with the shotgun, Flying Lawyer???)
However from expereince, those that are guilty and manage to get off on a technicality, such as the CPS changing the charge to the wrong one, or because a piece of paper is wrongly writen, usualy come again.........
In this case, unless somethings changed, its still not clear if he's been chaged and bailed to appear at court, or if he's been bailed to return to Heathrow nick...It makes little difference I suppose, excpt if he's been bailed to appear in Court, then all the elements needed to prove the offence are there.....
However from expereince, those that are guilty and manage to get off on a technicality, such as the CPS changing the charge to the wrong one, or because a piece of paper is wrongly writen, usualy come again.........
In this case, unless somethings changed, its still not clear if he's been chaged and bailed to appear at court, or if he's been bailed to return to Heathrow nick...It makes little difference I suppose, excpt if he's been bailed to appear in Court, then all the elements needed to prove the offence are there.....
Join Date: May 1999
Location: Midlands, UK
Posts: 142
Likes: 0
Received 0 Likes
on
0 Posts
Flying Lawyer, I wouldn't presume to argue the law with you or any other of your esteemed colleagues, but I rather think you missed my drift.
I was commenting on Dogma's choice of words, 'standby the man, innocent until guilty'. The missing word 'presumed' makes a whole heap of difference and that was my point. Someone may be presumed innocent but that doesn't mean they are necessarily. Furthermore, if the weight of evidence is insufficient to prove that I robbed a bank at gunpoint, I may be innocent in the eyes of the law, but if I did it, I would still be as guilty as hell!
Not trying to adopt a different approach, but ....
whatever!
I was commenting on Dogma's choice of words, 'standby the man, innocent until guilty'. The missing word 'presumed' makes a whole heap of difference and that was my point. Someone may be presumed innocent but that doesn't mean they are necessarily. Furthermore, if the weight of evidence is insufficient to prove that I robbed a bank at gunpoint, I may be innocent in the eyes of the law, but if I did it, I would still be as guilty as hell!
Not trying to adopt a different approach, but ....
whatever!
Join Date: Feb 2001
Location: Nottingham, England
Posts: 208
Likes: 0
Received 0 Likes
on
0 Posts
Royal Brunei Pilot sacked following drink offence
Further developments following the incident at LHR in July of the Royal Brunei pilot that was suspected of having alcohol in his system prior to operating a flight.
BBC News
Pilot charged with drink offence
A pilot has been charged with preparing to fly a plane while over the legal alcohol limit.
Scotland Yard said Briton Charles Nicholls, 53, who lives in Brunei, was charged under the Railways and Transport Safety Act 2003.
A Royal Brunei Airlines flight to Brunei from Heathrow airport, in west London, was delayed by two hours in July when a pilot was breathalysed.
Mr Nicholls is due to appear before Uxbridge Magistrates next Wednesday.
Royal Brunei Airlines said in a statement that Mr Nicholls had been sacked following an internal disciplinary inquiry.
It said the inquiry found he had been "in contravention of both Royal Brunei Airlines' Employment Regulations and also the Company Operational Procedures".
http://news.bbc.co.uk/1/hi/england/london/3642138.stm
ES
BBC News
Pilot charged with drink offence
A pilot has been charged with preparing to fly a plane while over the legal alcohol limit.
Scotland Yard said Briton Charles Nicholls, 53, who lives in Brunei, was charged under the Railways and Transport Safety Act 2003.
A Royal Brunei Airlines flight to Brunei from Heathrow airport, in west London, was delayed by two hours in July when a pilot was breathalysed.
Mr Nicholls is due to appear before Uxbridge Magistrates next Wednesday.
Royal Brunei Airlines said in a statement that Mr Nicholls had been sacked following an internal disciplinary inquiry.
It said the inquiry found he had been "in contravention of both Royal Brunei Airlines' Employment Regulations and also the Company Operational Procedures".
http://news.bbc.co.uk/1/hi/england/london/3642138.stm
ES
Join Date: Sep 2004
Location: Down at the sharp pointy end, where all the weather is made.
Age: 74
Posts: 1,684
Likes: 0
Received 3 Likes
on
3 Posts
From the BBC:
He is due to appear at Isleworth Crown Court on 7 December for a plea and directions hearing.
The Odd One
He is due to appear at Isleworth Crown Court on 7 December for a plea and directions hearing.
The Odd One
Join Date: Jul 2000
Location: London
Posts: 2,916
Likes: 0
Received 0 Likes
on
0 Posts
The Royal Brunei captain appeared at Isleworth Crown Court today.
The Charge:
”On the 1st day of July at London Heathrow Airport carried out an activity ancillary to an aviation function, namely flight preparation while acting as captain of Royal Brunei flight number B198 from London Heathrow to Dubai while the proportion of alcohol in his blood exceeded the prescribed limit”, contrary to contrary to Section 93(1) of the Railways and Transport Safety Act 2003. He pleaded Guilty.
The Facts
A BAA airport security employee, John James (48) thought he could smell alcohol when the crew passed through Control Post 4 at Heathrow at about 08:15 for an 09:40 departure. He believed it came from the Captain but wasn’t sure so moved to the other end of the x-ray machine and pretended to help the Captain take his bags from the machine so he could get closer to him and smell his breath.
Having done so, he felt certain his suspicion was correct - but said nothing to the captain or any of the crew.
As soon as the crew had gone, James telephoned Aviance (RBA’s handling agents) and the BAA duty manager to report the captain. It seems that BAA called the police.
Aviance contacted RBA and an RBA Passenger Traffic Agent went to the aircraft to speak to the Captain. She described him as obviously shocked by the allegation, and saw no signs she would normally associate with someone who’d been drinking and couldn’t smell alcohol on his breath. When, at the captain’s suggestion, she smelled his breath closely she detected a slight smell of alcohol, but it was feint and not enough to cause her any concern.
The F/O saw nothing about the captain or his demeanour which caused him to be concerned and they continued with their pre-flight duties.
At about 09:15, police officers boarded the aircraft and required him to take a breath-test. The breath-test showed an ‘Air Fail’. He was arrested, taken from the aircraft and transported to Heathrow police station. (In handcuffs ‘to prevent escape’
)
At the police station, a blood sample was taken which, when subsequently analysed, revealed 125 milligrammes of alcohol in 100 millilitres of blood. The prescribed limit for aviation is 20 mg. (The limit for drivers in the UK is 80mg.)
Sentence: Six months imprisonment.
When passing sentence, the Judge said he accepted that the captain had already suffered by losing his job and had probably lost his career as it was unlikely he would obtain employment as a pilot again - despite a long, successful and previously unblemished record. However, he was entrusted with the safety of the crew, passengers and people on the ground who may have been affected if anything had gone wrong. (The captain was the handling pilot for that sector.)
The Judge accepted that he had not had a drink for just over 12 hours before the blood sample was taken, but said it was clear he had consumed a large quantity of alcohol on the previous day given the high alcohol content in his blood when the sample was taken.
He pointed out that the alcohol level was more than six times the limit for pilots and more than 1.5 times the limit for drivers. He took into account the hardship the pilot would suffer as a result of the incident but “the message must go out” that if pilots are convicted with such a high level, a prison sentence was inevitable.
He said such behaviour was highly irresponsible and reckless and those who are reckless in such circumstances risk being a danger to the public and to themselves. He was satisfied the offence demanded a custodial sentence and the very least sentence he could pass given the high reading was six months imprisonment.
Commentary
(1) The captain believed a 12 hour gap between bottle and throttle would be sufficient. He was surprised when he failed the breath-test, and shocked when the blood analysis revealed he was not only over the prescribed limit, but more than six times over. In many circumstances 12 hours might be long enough, but a number of factors can play a part:
There are several lessons to be learned from all the above points.
(2) This wasn’t mentioned in court because it wasn’t relevant but I understand the captain had on a previous occasion remonstrated with the security staff for making inappropriate comments about young female members of his CC. He didn’t notice that James was paying particular attention to him.
(3) This doesn’t apply to my case but, in the Manchester case, the pilot was apparently reported by the taxi driver.
Be careful what you say about the previous night when strangers can hear – it might be misinterpreted.
(4) Again, this doesn’t apply to my case because of the high alcohol level, but the magistrates in the Manchester case sent it to be dealt with by a Judge at the Crown Court even though the pilot’s alcohol level was quite low.
Given that pilot also received a sentence of six months imprisonment, it looks (from very limited data so far) as though the courts will take a very serious view of these offences. (I wasn’t involved in the Manchester case and know only what I’ve read in the Press and on PPRuNe.)
(5) The police officers claimed the captain’s breath smelt strongly of alcohol, and one even claimed his eyes were glazed. Fortunately, we were able to rely upon two witnesses who were able to rebut that allegation.
If you find yourself under suspicion, make sure someone other than the police officers can give an objective description of your condition.
(6) As someone pointed out on the Manchester thread, prisons are awful places full of many unpleasant people. He’s right – they are not the ‘holiday camps’ some people appear to believe. Those who’ve lived a life of crime get used to the occasional prison sentence.
If (as in this case) you’re 54 and never been in trouble in your life, the horror of being sent to prison shouldn’t be under-estimated. It’s not worth taking a chance for the sake of a few drinks.
Note:
I asked the captain’s permission to post the facts of his case on PPRuNe.
He gave it willingly in the hope that his experience might prevent other pilots from making the same mistakes as he did, and from suffering the same consequences.
Tudor Owen
The Charge:
”On the 1st day of July at London Heathrow Airport carried out an activity ancillary to an aviation function, namely flight preparation while acting as captain of Royal Brunei flight number B198 from London Heathrow to Dubai while the proportion of alcohol in his blood exceeded the prescribed limit”, contrary to contrary to Section 93(1) of the Railways and Transport Safety Act 2003. He pleaded Guilty.
The Facts
A BAA airport security employee, John James (48) thought he could smell alcohol when the crew passed through Control Post 4 at Heathrow at about 08:15 for an 09:40 departure. He believed it came from the Captain but wasn’t sure so moved to the other end of the x-ray machine and pretended to help the Captain take his bags from the machine so he could get closer to him and smell his breath.
Having done so, he felt certain his suspicion was correct - but said nothing to the captain or any of the crew.
As soon as the crew had gone, James telephoned Aviance (RBA’s handling agents) and the BAA duty manager to report the captain. It seems that BAA called the police.
Aviance contacted RBA and an RBA Passenger Traffic Agent went to the aircraft to speak to the Captain. She described him as obviously shocked by the allegation, and saw no signs she would normally associate with someone who’d been drinking and couldn’t smell alcohol on his breath. When, at the captain’s suggestion, she smelled his breath closely she detected a slight smell of alcohol, but it was feint and not enough to cause her any concern.
The F/O saw nothing about the captain or his demeanour which caused him to be concerned and they continued with their pre-flight duties.
At about 09:15, police officers boarded the aircraft and required him to take a breath-test. The breath-test showed an ‘Air Fail’. He was arrested, taken from the aircraft and transported to Heathrow police station. (In handcuffs ‘to prevent escape’
)At the police station, a blood sample was taken which, when subsequently analysed, revealed 125 milligrammes of alcohol in 100 millilitres of blood. The prescribed limit for aviation is 20 mg. (The limit for drivers in the UK is 80mg.)
Sentence: Six months imprisonment.
When passing sentence, the Judge said he accepted that the captain had already suffered by losing his job and had probably lost his career as it was unlikely he would obtain employment as a pilot again - despite a long, successful and previously unblemished record. However, he was entrusted with the safety of the crew, passengers and people on the ground who may have been affected if anything had gone wrong. (The captain was the handling pilot for that sector.)
The Judge accepted that he had not had a drink for just over 12 hours before the blood sample was taken, but said it was clear he had consumed a large quantity of alcohol on the previous day given the high alcohol content in his blood when the sample was taken.
He pointed out that the alcohol level was more than six times the limit for pilots and more than 1.5 times the limit for drivers. He took into account the hardship the pilot would suffer as a result of the incident but “the message must go out” that if pilots are convicted with such a high level, a prison sentence was inevitable.
He said such behaviour was highly irresponsible and reckless and those who are reckless in such circumstances risk being a danger to the public and to themselves. He was satisfied the offence demanded a custodial sentence and the very least sentence he could pass given the high reading was six months imprisonment.
Commentary
(1) The captain believed a 12 hour gap between bottle and throttle would be sufficient. He was surprised when he failed the breath-test, and shocked when the blood analysis revealed he was not only over the prescribed limit, but more than six times over. In many circumstances 12 hours might be long enough, but a number of factors can play a part:
- how much you’ve had to drink before you stop;
- your metabolism - people lose alcohol at different rates
- whether you’ve eaten - the captain had no breakfast the previous day, only a fajita (wrap) from a local supermarket at lunchtime, no dinner and no breakfast the day he reported for duty.
There are several lessons to be learned from all the above points.
(2) This wasn’t mentioned in court because it wasn’t relevant but I understand the captain had on a previous occasion remonstrated with the security staff for making inappropriate comments about young female members of his CC. He didn’t notice that James was paying particular attention to him.
(3) This doesn’t apply to my case but, in the Manchester case, the pilot was apparently reported by the taxi driver.
Be careful what you say about the previous night when strangers can hear – it might be misinterpreted.
(4) Again, this doesn’t apply to my case because of the high alcohol level, but the magistrates in the Manchester case sent it to be dealt with by a Judge at the Crown Court even though the pilot’s alcohol level was quite low.
Given that pilot also received a sentence of six months imprisonment, it looks (from very limited data so far) as though the courts will take a very serious view of these offences. (I wasn’t involved in the Manchester case and know only what I’ve read in the Press and on PPRuNe.)
(5) The police officers claimed the captain’s breath smelt strongly of alcohol, and one even claimed his eyes were glazed. Fortunately, we were able to rely upon two witnesses who were able to rebut that allegation.
If you find yourself under suspicion, make sure someone other than the police officers can give an objective description of your condition.
(6) As someone pointed out on the Manchester thread, prisons are awful places full of many unpleasant people. He’s right – they are not the ‘holiday camps’ some people appear to believe. Those who’ve lived a life of crime get used to the occasional prison sentence.
If (as in this case) you’re 54 and never been in trouble in your life, the horror of being sent to prison shouldn’t be under-estimated. It’s not worth taking a chance for the sake of a few drinks.
Note:
I asked the captain’s permission to post the facts of his case on PPRuNe.
He gave it willingly in the hope that his experience might prevent other pilots from making the same mistakes as he did, and from suffering the same consequences.
Tudor Owen
Join Date: Nov 2001
Location: western europe
Posts: 1,367
Likes: 0
Received 0 Likes
on
0 Posts
A ruined career .... a ruined life ..... its so sad
FL, I've mentioned it before "24 hours Alchohol free" before every trip is the only solution ..... I hope this theory is correct
.... the thought occured to me, would the skipper in question have been ok, given another 12 hours to reduce the 125 mg level
(i.e. a total of 24 hrs) before departure
FL, I've mentioned it before "24 hours Alchohol free" before every trip is the only solution ..... I hope this theory is correct
.... the thought occured to me, would the skipper in question have been ok, given another 12 hours to reduce the 125 mg level
(i.e. a total of 24 hrs) before departure
Paid up
Join Date: Jan 2002
Location: UK
Posts: 601
Likes: 0
Received 0 Likes
on
0 Posts
FL - one of the most thought provoking posts I've ever read. Thank you for posting it and thank you to Capt concerned for allowing others to learn from his experience.
It seems to me there are so many variables to consider that other than becoming teetotal, some sort of personal breathalyser would be a good form of insurance policy in this climate of zero tolerance.
It seems to me there are so many variables to consider that other than becoming teetotal, some sort of personal breathalyser would be a good form of insurance policy in this climate of zero tolerance.
Guest
Posts: n/a
You can pick one up at a Target or Wal-Mart.
Everyone knows that pilots and alcohol go together and the present day climate is steadily eroding that wonderful relationship.
I agree that the best way out is total avoidance, but with all the variables involved in drinking perhaps for those who must a personal breathalyser should be standard part of your kit.
Why flush your career down the toilet for the sake of a night out.
Everyone knows that pilots and alcohol go together and the present day climate is steadily eroding that wonderful relationship.
I agree that the best way out is total avoidance, but with all the variables involved in drinking perhaps for those who must a personal breathalyser should be standard part of your kit.
Why flush your career down the toilet for the sake of a night out.
Join Date: Feb 2001
Location: london/UK
Posts: 499
Likes: 0
Received 0 Likes
on
0 Posts
Some advice...
Don't buy the blow upp bag ones! Apart from being completly unreliable they are only marked (they arn't calibrated) for the Road Traffic Act, and guessing a 1/4 the distance below the line is not reliable.
If anyones going to buy an electronic breath test machine, Lion make the ones we used whn I was a Police officer, if that helps.
Don't buy the blow upp bag ones! Apart from being completly unreliable they are only marked (they arn't calibrated) for the Road Traffic Act, and guessing a 1/4 the distance below the line is not reliable.
If anyones going to buy an electronic breath test machine, Lion make the ones we used whn I was a Police officer, if that helps.
Join Date: Oct 2003
Location: Europe...the country?
Posts: 51
Likes: 0
Received 0 Likes
on
0 Posts
srjumbo,
Wasn´t the captain 6 times over the limit???!!!! What´s the security guards name got anything to do with it? Who knows what could have happened to the flight had it been allowed to continue. God fobid an accident involving deaths whereby we would all be singing a different tune. Glad to see that the system is working!
Wasn´t the captain 6 times over the limit???!!!! What´s the security guards name got anything to do with it? Who knows what could have happened to the flight had it been allowed to continue. God fobid an accident involving deaths whereby we would all be singing a different tune. Glad to see that the system is working!
Last edited by Rocco in Budapest; 6th Dec 2004 at 23:16.
Join Date: Mar 2000
Location: UK
Posts: 5,197
Likes: 0
Received 0 Likes
on
0 Posts
PA News report
An airline captain was due to fly a Boeing 767 from Heathrow with 200 passengers on board while more than six times the legal limit was jailed today.
Charles Nicholls, 54, a captain with Royal Brunei Airways, accepted that he had drunk a “large amount” the day before but claimed he had observed the pilots’ rule of “12 hours from bottle to throttle”.
Nicholls, of Admiralty Way, Eastbourne, East Sussex, admitted a charge of carrying out flight preparations as captain of Royal Brunei Airways flight B198, when the proportion of alcohol in his blood exceeded the prescribed limit.
Jailing him for six months at Isleworth Crown Court, Judge Richard McGregor-Johnson told him: “Your blood-alcohol level was over six times the limit for flying. It was over one-and-a-half times the limit for driving a car let alone flying a passenger aircraft.
“You were entrusted with the safety of the crew, passengers and, of course, people on the ground who may have been affected if anything had gone wrong.
“It is plain you had consumed a large quantity of alcohol on the previous day. That is highly irresponsible and reckless. Whilst I accept you might not have realised you were over the limit, you ought to have thought about it when it was mentioned to you before the police arrived.
“You are an intelligent man and you must know whether it is possible to be clear to fly after a 12-hour period.
“Those who are reckless in such circumstances risk being a danger to the public and to themselves and I am satisfied this demands a custodial sentence.”
As Nicholls headed for the plane to start safety checks, a security officer noticed that he smelled strongly of alcohol, said prosecutor Simon Connolly. Police were informed.
“Upon entering the aircraft, he went to the flight deck and started the routine flight safety checks. The first officer did the outside checks and joined the captain for briefing for take-off. Passengers had begun to board by the time the police arrived,” said counsel.
A breath test gave a reading of 69mcg of alcohol – the flying limit is 9mg, much stricter than the 35mcg limit for driving.
A blood test following the captain’s arrest gave a reading of 125mcg of alcohol, compared with the flying limit of 20mcg.
The ex-RAF navigator, who obtained a commercial pilot’s licence in the US and became a captain within four years of joining Brunei Airways, told police he had about four pints the night before and stopped drinking at 9.30pm.
He thought by the time he would be flying any alcohol would have passed through his system, said counsel.
But Tudor Owen, defending, said Captain Nicholls failed to take into account that he had been drinking heavily at lunchtime, before meeting friends and drinking again in the evening.
“He observed the pilot’s mantra of 12 hours from bottle to throttle, but failed to take into account the time it would take for what he had at lunchtime to work through his system. And he did not eat at all that day."
"He did not suspect he would be over the limit.”
Mr Owen pointed out that when he was first spoken to by a handling agent “he could have reported sick and simply left. He didn’t because he had no reason to suspect he was over the limit”.
Nicholls was fired instantly by the airline and had little prospect of getting any work, let alone flying again at his age, said counsel.
“He asks me to apologise to the court – he has already to the company – he is desperately sorry for what happened. He is now professionally ruined”.
The flight was bound for Dubai.
Jailed Pilot Was Six Times over Flying Limit
An airline captain was due to fly a Boeing 767 from Heathrow with 200 passengers on board while more than six times the legal limit was jailed today.
Charles Nicholls, 54, a captain with Royal Brunei Airways, accepted that he had drunk a “large amount” the day before but claimed he had observed the pilots’ rule of “12 hours from bottle to throttle”.
Nicholls, of Admiralty Way, Eastbourne, East Sussex, admitted a charge of carrying out flight preparations as captain of Royal Brunei Airways flight B198, when the proportion of alcohol in his blood exceeded the prescribed limit.
Jailing him for six months at Isleworth Crown Court, Judge Richard McGregor-Johnson told him: “Your blood-alcohol level was over six times the limit for flying. It was over one-and-a-half times the limit for driving a car let alone flying a passenger aircraft.
“You were entrusted with the safety of the crew, passengers and, of course, people on the ground who may have been affected if anything had gone wrong.
“It is plain you had consumed a large quantity of alcohol on the previous day. That is highly irresponsible and reckless. Whilst I accept you might not have realised you were over the limit, you ought to have thought about it when it was mentioned to you before the police arrived.
“You are an intelligent man and you must know whether it is possible to be clear to fly after a 12-hour period.
“Those who are reckless in such circumstances risk being a danger to the public and to themselves and I am satisfied this demands a custodial sentence.”
As Nicholls headed for the plane to start safety checks, a security officer noticed that he smelled strongly of alcohol, said prosecutor Simon Connolly. Police were informed.
“Upon entering the aircraft, he went to the flight deck and started the routine flight safety checks. The first officer did the outside checks and joined the captain for briefing for take-off. Passengers had begun to board by the time the police arrived,” said counsel.
A breath test gave a reading of 69mcg of alcohol – the flying limit is 9mg, much stricter than the 35mcg limit for driving.
A blood test following the captain’s arrest gave a reading of 125mcg of alcohol, compared with the flying limit of 20mcg.
The ex-RAF navigator, who obtained a commercial pilot’s licence in the US and became a captain within four years of joining Brunei Airways, told police he had about four pints the night before and stopped drinking at 9.30pm.
He thought by the time he would be flying any alcohol would have passed through his system, said counsel.
But Tudor Owen, defending, said Captain Nicholls failed to take into account that he had been drinking heavily at lunchtime, before meeting friends and drinking again in the evening.
“He observed the pilot’s mantra of 12 hours from bottle to throttle, but failed to take into account the time it would take for what he had at lunchtime to work through his system. And he did not eat at all that day."
"He did not suspect he would be over the limit.”
Mr Owen pointed out that when he was first spoken to by a handling agent “he could have reported sick and simply left. He didn’t because he had no reason to suspect he was over the limit”.
Nicholls was fired instantly by the airline and had little prospect of getting any work, let alone flying again at his age, said counsel.
“He asks me to apologise to the court – he has already to the company – he is desperately sorry for what happened. He is now professionally ruined”.
The flight was bound for Dubai.
Guest
Posts: n/a
Well over the limit
srjumbo
So you are clearly in favour of driving a Boeing when you are well over the limit ? I would dearly like to know who you fly for in that case so I can take the obvious precautions.
John James is not a snitch, but a highly responsible person, IMHO.
oTd
So you are clearly in favour of driving a Boeing when you are well over the limit ? I would dearly like to know who you fly for in that case so I can take the obvious precautions.
John James is not a snitch, but a highly responsible person, IMHO.
oTd