Comair sues FAA, Lexington airport

[DrewBlows]

I did find this one little regulation that might help you out though. It's kinda' like a law. (kinda' like means similar)

Well, Johnny Cochran, since you are helping me out, let me help you out. A regulation (in this case an aviation regulation) is not law. The last time I checked, the constitution has not been changed to allow the FAA to write laws. This should go unsaid, but since you have already demonstrated your expansive knowledge (lack of) of law, I think it needs to be covered. I'll even capitalize it so you don't skip over it. CONGRESS IS THE ONLY BODY THAT CAN ENACT LAWS. So your clever citation of § 91.3 (case closed, right), has proven that the captain is open for certificate action, which, given his current condition, is moot. But if you think the FAA should pursue certificate action on a dead man, I suggest you call Oklahoma City and voice your concern.

Why do you view this as some personal attack when it isn't?

I was merely pointing out your ignorance of law, but now that you mention it...

The crew was completely to blame for the outcome.

...you even bold-faced it to make your point.

 

[TheBaron]

I am incredibly surprised by the reaction of this thread.

As mentioned earlier, of course the captain is responsible. Everyone knows that. On the other hand, it generally takes more than one factor to have an accident.

I agree 100% with the lawsuit against the FAA and the airport. Sometimes a lawsuit is one of the only tools we can use to change a beauracratic outfit like the FAA. Once again the captain was in command and responsible, but you better believe that airport management and the FAA shared responsibility in this.

It doesn't take a genius to know that you don't need a final report to determine this. Common sense will tell us that there should have been two controllers. Even the FAA has already admitted this. The same goes for airport signage and advisories, among many other factors.

That is the same argument that every psycho my-mommy-didn't-love-me-enough loser in this country makes.
Foley..."Sure I sent inappropriate homoerotic e-mails to interns but I was molested as a young man"
Fey..."Sure I took bribes from Abrhamoff, but I have a drinking problem"
Kennedy..."Sure I was driving under the influence but I have a problem with prescription pills and I was dyslexic as a child"
Good old Rush..."Sure I'm a drug addict, but I have chronic pain"

Explain how the FAA is responsible. A second controller would not have necessarily caught the error made by the crew. It might have prevented the accident. It certainly didn't cause the accident.

Hell, lets just sue the Wright brothers for inventing the airplane!

 

[TheBaron]

Well, Johnny Cochran, since you are helping me out, let me help you out. A regulation (in this case an aviation regulation) is not law. The last time I checked, the constitution has not been changed to allow the FAA to write laws. This should go unsaid, but since you have already demonstrated your expansive knowledge (lack of) of law, I think it needs to be covered. I'll even capitalize it so you don't skip over it. CONGRESS IS THE ONLY BODY THAT CAN ENACT LAWS. So your clever citation of § 91.3 (case closed, right), has proven that the captain is open for certificate action, which, given his current condition, is moot. But if you think the FAA should pursue certificate action on a dead man, I suggest you call Oklahoma City and voice your concern.




I was merely pointing out your ignorance of law, but now that you mention it...



...you even bold-faced it to make your point.

Gee, you quoted me and still didn't get it right. That's hard to do. Go back and re-read my post. I said it was a regulation not a law. I said... "It's kinda' like a law. (kinda' like means similar)"

 

[DrewBlows]

Gee, you quoted me and still didn't get it right. That's hard to do. Go back and re-read my post. I said it was a regulation not a law. I said... "It's kinda' like a law. (kinda' like means similar)"

It's not even "kinda' like a law"! It's not anything like a law, and it has absolutely nothing to do with the lawsuit.

 

[TheBaron]

It's not even "kinda' like a law"! It's not anything like a law, and it has absolutely nothing to do with the lawsuit.

I didn't realize you were privy to the defense the FAA and the airport authority would come up with. You must move in powerful circles and have all the inside info. I just assumed that when this goes to trial, someone, maybe even the FAA, might just mention the responsibility and authority of the PIC.
And maybe, just maybe, you aren't the lawyer you think you are. Go sit in Federal Court at an NTSB hearing and you will see just how similar a regulation is to a law.

 

[DrewBlows]

I didn't realize you were privy to the defense the FAA and the airport authority would come up with. You must move in powerful circles and have all the inside info. I just assumed that when this goes to trial, someone, maybe even the FAA, might just mention the responsibility and authority of the PIC.
And maybe, just maybe, you aren't the lawyer you think you are. Go sit in Federal Court at an NTSB hearing and you will see just how similar a regulation is to a law.

Why does it need to go to court? You have already proven that the airport and the FAA share none of the responsiblilty in the accident. If I were a government lawyer, I would call you on the stand to explain how since § 91.3 says that the PIC is the ultimate authority, he alone is at fault. After all, regulations are "similar" to law.

 

[TheBaron]

Why does it need to go to court? You have already proven that the airport and the FAA share none of the responsiblilty in the accident. If I were a government lawyer, I would call you on the stand to explain how since § 91.3 says that the PIC is the ultimate authority, he alone is at fault. After all, regulations are "similar" to law.

Who knows. Maybe they will. They've called me twice before. And I did stay at a Holiday Inn Express last night.

 

[400pilot]

Yes, perhaps there are issues with signage, or markings or whatever,

There wasn't. This was all after crossing 26, not before. They never made it that far.....

 

[DrewBlows]

There wasn't. This was all after crossing 26, not before. They never made it that far.....

What about the taxiway closing that made it look like the taxiway ended whey you got to RW26 (in other words, made it look like it was supposed to look at RW22)?

Come on guys, it's not as simple as some would make it out to be. I don't think there is much doubt who will shoulder the majority of the blame (cause) of this accident, but to simply say "pilot error" and move on does no one any good. I hope that the NTSB doesn't do this, and we are able to see some safety improvements as a result (taxiway markings, lighting, english Notams, minimum tower staffing levels, et cetera).

 

[SKYMASTER]

That is the same argument that every psycho my-mommy-didn't-love-me-enough loser in this country makes.
Foley..."Sure I sent inappropriate homoerotic e-mails to interns but I was molested as a young man"
Fey..."Sure I took bribes from Abrhamoff, but I have a drinking problem"
Kennedy..."Sure I was driving under the influence but I have a problem with prescription pills and I was dyslexic as a child"
Good old Rush..."Sure I'm a drug addict, but I have chronic pain"

Explain how the FAA is responsible. A second controller would not have necessarily caught the error made by the crew. It might have prevented the accident. It certainly didn't cause the accident.

Hell, lets just sue the Wright brothers for inventing the airplane!

That's not a good comparison. It is the FAA's policy to have two controllers. Not having one there is most likely a contributing factor. Catching and preventing the error is pretty much the same thing in this case. You are admitting that had there been two controllers, 49 people may not be dead. This among other factors are hard evidence this should not have happened. Yes, it happened because of the flight crew, but there are other major contributing factors.

Sure airline pilots take off from uncontrolled fields. However, usually they are single runway, or at least no general aviation runways at airline airports. These are more contributing factors that if different, could have prevented an accident. Pilots make errors. There are ways to make flying safer that are sometimes ignored. I'm very sorry 49 people are dead.

Fly safe.