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So the question is, are both pilots type rated in the aircraft? (It's been a long time since I last flew domestic 2 pilot operations; back then the FO did not need a type rating, but I think the rules have since changed)
If so, then the First Officer IS "Captain Qualified", no?
I'm pretty sure the intent of the wording of your FOM does not mean for a First Officer to "check first to see if there are any available Captains sitting in the back of the bus before you assume command."
Then I stand corrected. Our FOM is somewhat different.
Okay, I think we've all beat the "who's in command" thing to death. More importantly, how is the Captain doing? I realize most will be private but is he out of the hospital? In Jail? Committed? Can anyone comment on whether it's been determined if there was a pathology involved..ie a tumor? I'm curious because the Feds didn't waste any time filing charges. I found that to be rather cold. If he truly is sick, like something that was undiagnosed, could the charges be dropped?
That will be up to judge, and only if prosecutor comes to judge asking for it to be dropped. Possible, yes. Likely ? probably 50/50 chance.
remember, this ended with no innocent lives hurt/lost. what would have happened if they crashed into a field, nose down, because the Captain acted up, medical condition or not. Say the Captain is the only guy who walked away, everyone else, dead. Does the end result change whether charges "should" be pressed or not ? Etc etc. We could discuss this forever and ever.
This case is new un-broken territory, lets see how it plays out.
All "speculation". Did he ever actually do anything contrary with the flight controls? What did he do other than exercise his freedom of expression? Did his words cause the plane to turn upside down? The prosecuter will have nothing to stand on when its over with. I think his attorney will eat them alive before its over with.
Regardless of what the cause of this breakdown was, he should never be allowed to pilot an airplane again.