Reply With QuoteSo Feedback may I ask you please in your professional opinion;
If you didn’t have the necessary paperwork to fly at night and you were in this single engined plane attempting several times to take off during a storm- would you have aborted?
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If he'd flown the plane successfully we wouldn't be discussing it either.Originally Posted by Feedback
So Feedback may I ask you please in your professional opinion;
If you didn’t have the necessary paperwork to fly at night and you were in this single engined plane attempting several times to take off during a storm- would you have aborted?
well yes of course. given the plane was a malibu, this was an aircraft well within the capabilities of any PPL to fly. What I cannot understand is why Ibbotson offered to fly a single engine aircraft over a large stretch of water at night. that's just adding two signficant risks for no reason.
I'm not a professional, I fly general aviation. If I wasn't rated to fly at night I wouldn't even be in the aircraft after dusk. If I was rated for night flying I wouldn't fly a single engine prop over water at night. If I was hoping to fly locally at night and there were storms (actual or forecast), I'd stay in the club house. if there were storms then its most likely you can only fly IFR (instrument flight rules) above the clouds and I doubt Ibbotson had an instrument rating if he didn't have a night rating.
the flight should never have happened. a better pilot would have waited until morning when better conditions were possible. the responsibility of the aircraft and its passengers wrests with the pilot in command at all times.
From memory, wasn't the pilot in some financial difficulties? that could have played a part in his reckless actions if he thought he wouldn't get the job if he had to postpone it.
So even though tragically ibbotson lost his life along with Sala,ultimately the Pilot is grossly negligent.
I’m just try to understand exactly what Henderson can be found liable for?
He's the one who put Ibbotson in the plane. If he's not liable for that, then why even have regulations?
If BA, Ryanair etc started hiring applicants for pilots jobs merely going on their word that they hold the necessary qualifications and licenses - and said pilots were left to attempt to fly and subsequently start crashing planes - you'd say fair play the airlines aren't liable?
The trust McKay placed was in Henderson to supply him with adequate expertise.
It's pretty clear from the evidence in my opinion that Henderson had repeatedly used Ibbotson to fly passengers for his (Henderson's) clients, even though he knew Ibbotson's qualifications weren't sufficient and that he'd experienced/caused problems before. He was clearly happy to take that risk again with the Sala flight, with tragic consequences.
Surely anyone arranging flights for paying customers should know and record exactly what qualifications and experience their pilots have, which he didn't, because he didn't care.
That's endangering the safety of an aircraft in my book.
that may be part of his motivation but really it should not. the rules are there for a reason, above all else flight safety trumps everything, and if it does not, then you really shouldn't be at the controls.
its also illegal, although not criminal. the CAA will have something to say to Henderson for sure.
We all agree that blaming or scapegoating the pilot is an easy despicable out for Henderson but like Feedback says
The Pilot at the controls is ultimately responsible
Cardiff will be seeking compensation via someone’s insurance
No unanimous verdict reached, so the judge has said he'll accept a 10-2 or 11-1 majority verdict.
Potentially corporate manslaughter/homicide under the relevant act.
Now I know there is absolutely no responsibility involved, I might set up my own little airline.
Been found guilty
Will he appeal? It could drag on.
No idea, they usually do
It’s a frustrating conundrum Lardy
Obviously the jury are in a dilemma
Henderson is guilty of hiring a pilot without the necessary paperwork
Henderson also went against the wishes of the plane’s owner by hiring ibbotson after being told she didn’t want him flying her plane
Mckay is guilty of being a Cnut and Cardiff are guilty of dealing with such Cnut knowing he’s a bankrupt whom the FA didn’t see fit to be a football agent
Ultimately though the Pilot (ibbotson) should NEVER have taken off at night over water in an unfit plane during a storm
They all played a part but like Feedback says the person at the controls is responsible
And very sad to know that Sala thought the plane unfit, too.
Well ok, but in my eyes it's not a conundrum because more than one person can be responsible for events.
Wasn’t McKay acting for Nantes and Sala rather than Cardiff. I don’t think we can blame the club if that’s who others choose to represent them.
with a summary like that its pretty clear where the blame lies, in my opinion.
not when flying an aircraft. Aviation Law is crystal clear about who is ultimately responsible - always PIC (Pilot in Command).
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