Thread creep alert
Criminal charges due to an aircraft accident, while not common. are not unheard of in the US. But they are not federal charges. The FAR is not criminal in nature so there is no federal criminal statute, only civil sanctions. However the states and localities do in fact have the authority and right to make laws and prosecute the pilot(s) under them if their actions, or results thereof, in that jurisdiction constitute a violation of those laws. That includes manslaughter, reckless endangerment, operating under the influence, etc.
I believe the landmark case was in northern AZ in the early 80's when a flight instructor, who had a reputation as a wild-man, was screwing around during a formation flight and hit the other airplane. He and his student survived, but two of the four people on the other airplane were killed. He was prosecuted and convicted of negligent homicide by the county over which the collision occured and I think he did some time.
So, I don't know about Brazil (Brasil, whatever), but at least in the US, criminal charges would come from the state and/or local authorities. You would get a letter from the FAA about your license suspension in your cell at the county jail.
I attended an aircraft accident investigation "workshop" at a police academy in Virginia several years ago. Here is what I learned: Once the fire is out, the local and state authorities are YOUR WORST ENEMY. They go into "Lenny Briscoe" mode. THEY KNOW you have committed a crime; to them it's just a matter of finding out which one. All their investigative expertise goes into finding out what crime(s) you committed that resulted in you dropping aluminum onto their jurisdiction. For example: There was an hour long presentation by a Commonwealth's Attorney (DA) on how to obtain a search warrant for your blood. The term "hammer the pilot" came up more than once. This is a criminal investigation. They are treating it as such and so should you.
If they are unable to produce evidence you actually committed a violation of local and/or state law they will hand over, with relish, everything they have to the FAA so the FAA can hammer you even if they couldn't.
End of thread creep
Criminal charges due to an aircraft accident, while not common. are not unheard of in the US. But they are not federal charges. The FAR is not criminal in nature so there is no federal criminal statute, only civil sanctions. However the states and localities do in fact have the authority and right to make laws and prosecute the pilot(s) under them if their actions, or results thereof, in that jurisdiction constitute a violation of those laws. That includes manslaughter, reckless endangerment, operating under the influence, etc.
I believe the landmark case was in northern AZ in the early 80's when a flight instructor, who had a reputation as a wild-man, was screwing around during a formation flight and hit the other airplane. He and his student survived, but two of the four people on the other airplane were killed. He was prosecuted and convicted of negligent homicide by the county over which the collision occured and I think he did some time.
So, I don't know about Brazil (Brasil, whatever), but at least in the US, criminal charges would come from the state and/or local authorities. You would get a letter from the FAA about your license suspension in your cell at the county jail.
I attended an aircraft accident investigation "workshop" at a police academy in Virginia several years ago. Here is what I learned: Once the fire is out, the local and state authorities are YOUR WORST ENEMY. They go into "Lenny Briscoe" mode. THEY KNOW you have committed a crime; to them it's just a matter of finding out which one. All their investigative expertise goes into finding out what crime(s) you committed that resulted in you dropping aluminum onto their jurisdiction. For example: There was an hour long presentation by a Commonwealth's Attorney (DA) on how to obtain a search warrant for your blood. The term "hammer the pilot" came up more than once. This is a criminal investigation. They are treating it as such and so should you.
If they are unable to produce evidence you actually committed a violation of local and/or state law they will hand over, with relish, everything they have to the FAA so the FAA can hammer you even if they couldn't.
End of thread creep
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