Pilot charged after accident in Canada.

[Tackleberry]

A pilot here in Canada has been charged with criminal negligence causing death.
after an accident in june of 2002.
The plane he was flying ran out of gas and subsiquently crashed in the middle of Winnipeg, Manitoba.

Link to TSB report
http://www.tsb.gc.ca/en/reports/air/2002/A02C0124/A02C0124.asp

Link to News report.
http://www.cjob.com/localnews.php?article=833&section=local&PHPSESSID=20e75c0b80bb4ec222173046a26e7535

 

[bafanguy]

Tack,


Saw this one over on pprune and was a bit surprised at the responses. I would expect an event like this to kick off a bit of lively "discussion". So, I'll get it started:

Criminal prosecution of pilots involved in operational accidents/incidents is not to be allowed in the civilized world. It is something you'd expect to find in some cheezy little banana republic, not in EU, Canada, or the US. Sure, the Canadian accident was a bad one and involved mismanagment by the PIC. But, to allow his criminal prosecution sets a precedent where you are likely to be in jail any time metal is bent, regardless of the circumstances.

Once you let this camel's head in the tent...look out !! Government drones ( particularly elected ones ) who have to create the impression they're up there protecting Joe SixPack will stop at nothing. I'd guess you don't want to be on the receiving end of that.

Sufficient "punishment" exists in civil penalties by governments, next of kin, etc. Take the guy's ticket for ever and ever if outright, premeditated negligence is proven. But, jail time....don't think that is the answer.

Civilized behavior by govenment demands more rational approaches than "...OFF WITH HIS HEAD !!!...".

And you say ??

 

[surplus1]

Agreed!

Efforts to assist this pilot are being explored. We don't need a precedent like this established anywhere, but especially no in a country like Canada. It would filter into the US in short order.

Let this Genie out of the bottle and there's not telling where it might end. It's a Pandora's Box.

 

[ArcticFlier]

The South Koreans impose both criminal and civil penalties in the event of an accident.

Here's an excerpt from Korean Aviation Law. All spelling and grammer is according to their translation from Korean to English:

Art. 177 Accident report

The following types of aircraft accident must be reported.

1) Capsizing, standing on end, wing contact with ground, belly
landing.

2) Enginge or propeller fell off.
3) Aircraft in an emergency situation due to engine failure, fuel
runout, icing, turbulence, etc (when it was reported to control
tower for priority handling)

Chapter 10 Penalties
Art. 156 For causing danger to flight operation such as damage to the airport, airport facilities, or security facilities:

Imprisonment for 1 year or more

Art. 157 Crashing, overturning, or destroying the aircraft in flight:

Death penalty, imprisonment for life, 5 years or more

Art. 158 Casuing injury or death due to danger arising during flight:

Death penalty, imprisonment for life, 6 years or more

Art. 160 Causing danger during flight through negligence:

Imprisonment of 1 year or less; or fine of 20 million won or less

Art. 161 Using aircraft without airworthiness certification:

Imprisonment of the aircraft owner for 1 year or less; fine of 20
million won or less

Art. 164 Employing unqualified flight crew members; drinking or taking narcotic or any drugs affecting flight safety:

Imprisonment for 1 year or less; fine of 20 million won or less

Art. 166 Abuse of crew member (PIC, etc.) rights:

Imprisonment of 1 to 10 years


There's more, but I don't have time.............

AF