Problem Question Aviator - Assignment Example

Running Head: PROBLEM QUESTION AVIATOR Problem Question Aviator (Order#278786) #21516) Academia-Research The answer to the question has been examined and is presented under the following five heads: A) Introduction B) Potential Liability for infringement of Air Navigation Orders and Rules of Air C) Any action that may be taken by the CAA D) The approach of the AAIB E) Any other liability that Jack may face in connection with this air accident. A) Introduction A case of rash and negligent flying involving a Cessna 172 aircraft which luckily resulted in a minor air accident necessitating only structural repair and engine rebuild to the aircraft has been presented for advice on infringements of the rules and orders concerned. It may be stated that, the potential ramifications of a situation such as the one under examination should not be underestimated. Air space infringements can lead not only to disruption and delays to arrivals and departures, but also to increase in aircraft operating costs, higher fuel consumption, loss of separation, Airprox conditions and finally can pose grave collision risks involving commercial public transport aircrafts. (An Airprox is a situation in which, in the opinion of a pilot or a controller, the distance between aircraft as well as their relative positions and speed have been such that the safety of the aircraft involved was or may have been compromised.( UK Airprox Board available at http://www.airproxboard.org.uk/). The private pilot Jack should first of all be advised about the above disastrous effects that could have been caused by his actions of omission and commission which can be classed as those ranging from negligence, and breach of duty to downright vandalism. The potential liabilities due to various infringements have been examined and are as listed below:- B) Potential Liability of Jack for infringement of Air Navigation Orders 2005 and Rules of Air Jack holds potential liability for infringing the following Articles of ANO 2005:- i) The following provisions specified in Part A of Schedule 14 to Article 148 , contravention of anyone of which can, as per Article 148(5), carry a summary conviction to a fine not exceeding Level 4 on the standard scale. Articles 29(2) (a) & (b), 31(2), 31A (1): Requirement for appropriate certificate of revalidation Article 52(a)(d)(e)&(h): Pre-flight action by commander of aircraft Article 66: Dropping of articles and animals from aircraft, Article 95: Breach of the Rules of the Air ii) The following provisions specified in Part B of Schedule 14 to Article 148 , contravention of anyone of which can, as per Article 148(6), carry a summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both. Articles 26(1): Requirement to hold an appropriate flight crew license, Article74: Endangering safety of persons or property Articles 94(1)&(2): Making false entries in pilot’s log book Article 137(4): Use of aviation fuel which is unfit for use in aircraft iii) The following provision specified in Part C of Schedule 14 to Article 148 , contravention of of which can, as per Article 148(7), carry a summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine or imprisonment for a term not exceeding five years or both. Article 73 specified in Part C of Schedule-14. Further, Jack is liable for infringement of the following Rules of The Rules of Air Regulations,2007 Rule 4: Requirement to report hazardous conditions encountered in flight for ensuring safety to other aircrafts. Rule 5(3)(b): The 500 feet rule. Rule 7(1): Requirement to examine weather reports for meteorological conditions likely to prevail Rule 8 (1): Requirement to take all possible steps to avoid collision with other aircrafts. Rule 20: Requirement to fly either in FFR or IFR always Rule 23: Conditions to be met for flying in Instrument Flight conditions Rule 24: Conditions for instrument approach practice in VMC conditions. Rule 29: Requirement to obtain prior ATC clearance in Class B, C, or D airspace Rule 35: Requirement to obtain prior ATC clearance before flying in controlled air space Rule 36,37: Requirements for flight in controlled airspace. Rule 45: Requirements to be complied with before flying in ATZ C) Any action that may be taken by the CAA . i) Jack is liable for disciplinary action, including revoking/suspension of his personnel license from the CAA for prima facie infringement of the following condition specified in paragraph 1.175 of JAR–FCL 1. “Circumstances in which an IR(A) is required (a) The holder of a pilot license (A) shall not act in any capacity as a pilot of an aero plane under Instrument Flight Rules (IFR), except as a pilot undergoing skill testing or dual training, unless the holder has an instrument rating (IR(A)) appropriate to the category of aircraft issued in accordance with JAR–FCL.” ii) Jack is liable for prosecution action being initiated against him by the CAA, for infringement of controlled air space without the prior permission or knowledge of the ATC at Luton CTR/CTA. However, it is observed that the CAA would generally initiate such an action only if a prior CA 939 (breach of air navigation regulations) report has been filed by the authorities concerned, probability for which is rather very rare. D) The approach of the AAIB The AAIB has the sole objective of prevention of accidents and incidents. It is not the stated objective of the AAIB to fix the blame or liability for any air accident or incident, as per regulation 4 of the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996.These regulations delineate the duties, the functioning and the powers of the Inspectors of the AAIB.As per regulation 2(1)(b) of these regulations, Jack’s is a clear case of an accident , since the aircraft flown by him has sustained structural damage necessitating major structural repair of the starboard wing. A Chief Inspector of Air Accidents appointed by the Secretary of State will carry out an investigation himself or delegate this task to another Inspector of Air Accidents. ,“The report of an investigation into an accident shall state the sole objective of the investigation as described in regulation 4 above and, where appropriate, contain safety recommendations”( Regulation 11(3)of the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996). E) Any other liability that Jack may face in connection with this air accident. It is observed that Jack has breached the Air Navigation Orders and also the Rules of the Air. Hence his Pilot’s third party insurance cover, which he must in all probability been holding, is negated. This means that the cost of structural repairs to the Cessna 172 aircraft November-Bravo and its engine rebuild would have to be borne by him. The electric pylon, which clipped the starboard wing of his aircraft, must also have sustained some structural/operational damage. The cost of repair of the electric pylon will also have to be borne by Jack out of his assets, since he no longer possesses the cover of his Pilot’s insurance, due to his breach of the aforesaid rules and orders. Jack’s potential liabilities for infringements can be of two types: (a) Civil Liabilities and (b) Criminal Liabilities (a) Civil Liability: This is the liability of a civil wrongdoer (or tortfeasor) to pay a sum of money to any person who has suffered loss or damage in consequence of the civil wrong or tort which has been done. (b) Criminal liability: This is the liability of a criminal wrongdoer to pay a penalty to the public purse(a fine) or to serve a term of imprisonment in consequence of his crime. (The ShipPilot Online Edition, Blog Archive, LIABILITIES Barrie Youde. Available from http://www.pilotmag.co.uk/2008/06/30/liabilities-barrie-youde/) Where an individual damages public property, the Police will investigate to ascertain whether there is sufficient evidence to initiate criminal proceedings against the person. Private individuals/companies that suffer damage to their property can also sue the concerned individual for damages. A civil action can be taken simultaneously with and independent of his conviction, if any, for a criminal offence. If it is proved beyond doubt that the damages to property was caused due to Jack’s breach of duty and gross negligence, he may be convicted on both civil and criminal counts of liabilities. If there has been a criminal conviction there is a restriction under the Power of Criminal Courts (Sentencing) Act 2000 as to the amount that can be claimed in civil proceedings. The amount that can be claimed can only be the cost of the damage suffered less the compensation received from the criminal court. The Court in civil proceedings would also only be able to give an award for damages for the balance of any sum that has not been recovered under any applicable insurance policy. While there exists a maximum ceiling on compensation that can be awarded by a Magistrate’s Court, the Crown court can award an unlimited amount of money to be paid as compensation for the damages incurred.( Legal Remedies for Damage to Council Property available at http://ww2.swindon.gov.uk/moderngov/Published/C00000285/ M00003039/AI00012010/$LegalRemediesforDamagetoCouncilProperty.docA.ps.pdf) List of References JAR–FCL 1 The Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996 The Air Navigation Orders 2005 The Rules of the Air Regulations, 2007 Civil Aviation Authority (22-Jul-2008) UK Airprox Board available at http:// www.airproxboard.org.uk/ [19-March 2009] The ShipPilot Online Edition, Blog Archive, LIABILITIES Barrie Youde. (27- Feb-2009) Available from http://www.pilotmag.co.uk/2008/06/30/liabilities-barrie-youde [18-March-2009] Legal Remedies for Damage to Council Property available( n.d.) at http://ww2.swindon.gov.uk/ moderngov/ Published/C00000285/M00003039/AI00012010/$LegalRemediesfor Damage to Council Property.doc A.ps.pdf n.d. [18-March-2009] Read More