This one's for you, FN-FAL

[sky37d]

Something to keep in mind, is that there is no language in state negligent homicide laws that prevent them from being used against pilots, whether 121 or part 91.

Oh, good point.

Theoretically, if a person walks into your prop, are you negilgent? I read where that happened recently.

 

[Pantherjon]

Guess you can be found negligent if your'e experiencing landing gear problems and two planes collide 3 miles from your location

 

[FN FAL]

Oh, good point.

Theoretically, if a person walks into your prop, are you negilgent? I read where that happened recently.

Don't confuse civil cases with criminal cases.

You can be sued for anything, getting charged criminally is an entirely different matter.

The criminal negligence laws of most states will read something like, "ignored risk or danger and continued to act or failed to act".

If some guy just walks into your prop, somebody might have grounds to sue. However, unless you told the guy to get out of the plane grab a chock on the nose wheel while the engine was running and the prop inches away, I don't know how you could find yourself criminaly charged with negligent homicide. Maybe you could be criminally tried, if you taxied the plane up to the guy as a joke and with no intent to strike him. But if you're just sitting in an operating plane waiting for the radios to warm up and you have the required lighting illuminated and some dork just decides to deli him/herself on your prop, I don't know how you could be found guilty of a crime.

That's the deal with negligent homicide, it's for those unlawful or unatural deaths caused by an act or failure to act by someone who did not intend to cause death to a person.

Let a guy surf on the roof of your car and when they fall off and die, you the driver will be charged with negligent homicide. Expect the family to sue in civil court as well. Two different things.

 

[A Squared]

However, unless you told the guy to get out of the plane grab a chock on the nose wheel while the engine was running and the prop inches away, I don't know how you could find yourself criminaly charged with negligent homicide.

On a related note, I recently read an NTSB order in which a guy got an emergency revocation of his certificates for doing exactly that, having a passneger pull a chock with the engine running. Don't know if there were any criminal charges involved, but the FAA reacted as strongly as they could.

 

[sky37d]

It must have been a single.

I remember seeing old movies of b-17's, other planes of the era, where they would all get together and wind the props backward. Then after all the engines were running, some brave soul would get under the wing, standing in the prop blast, and remove the wheel chocks.

Maybe they didn't have brakes. I always thought that would be a job I would not want.

 

[VNugget]

deleted

 

[VNugget]

On a related note, I recently read an NTSB order in which a guy got an emergency revocation of his certificates for doing exactly that, having a passneger pull a chock with the engine running. Don't know if there were any criminal charges involved, but the FAA reacted as strongly as they could.

Do you have any more information or references to this case?

 

[A Squared]

Do you have any more information or references to this case?

yep.

http://www.ntsb.gov/o_n_o/docs/AVIATION/4045.PDF

 

[FN FAL]

Thanks A Squared.

 

[twighead]

If you look in Part 91, airplanes in Alaska are actually allowed to take off over max weight under certain conditions. Obviously that wasn't the only problem with this flight, but just thought i'd mention it.