Pilot claims no blame in July crash

LOL
"Matt Barrow" wrote in message
...
|
| "Jim Macklin" wrote
in message
| news:3UrRf.117236$QW2.39755@dukeread08...
| In the airlines, part 121, the PIC is designated and
remains
| PIC even on the potty or asleep.
|
| Or both simutaneously.
|
|
|
|

unicate wrote:

One doesn't have to be instrument rated to file an IFR flight plan, do
they? What about a pilot that is working toward their instrument rating?
Their CFII doesn't file the flight plan *for* them, filing is all part
of the training, no?

Technically no. However, the pilot in command's name must be listed
on the flight plan. If you actually fly the plan, that name had better
be a pilot who is rated and current for the operation. It's compounded
by DUAT which won't let you insert any name other than the account
holder in the PIC block.

Denny wrote:
There has been at least one case in the past where a CFI was riding in
the back seat and was still held to be liable due to having the highest
rating...

Actually, the rule is the FAA goes after whoever will suffer the most
from the ruling. In this case, the live, CFI will. Given the choice
between a working ATP and a casual CFI, they'd go after the ATP with
a suspension.

In the airlines, part 121, the PIC is designated and remains
PIC even on the potty or asleep.

Even if the PIC dies in flight, he remains the PIC. If the SIC has to
take control after the PIC's death he is merely carrying out the duties
of his SIC role.
Karl
ATP ETC

What if the PIC is a union member and the union calls a
strike while the flight is in the air? If the PIC strikes
and the SIC doesn't or if the whole crew goes out on strike?
Obviously, if the pilot dies, the SIC becomes the PIC and is
responsible for the remainder of the flight. This has
happened on several flights with airlines. It is why wives
take Pinch-Hitter classes...

What I want to know is, if I'm in the passenger compartment
of a modern, terror-proofed airliner and the whole flight
deck crew dies from a death-ray from a UFO and I'm the last
pilot alive on the airplane... do I become pilot in command
and will the airline pay me retirement benefits? What if I
can't get into the cockpit to save the plane and passengers?
They need a ground based door over-ride that can detect
whether the crew is alive, and allow the door to be unlocked
so Walter Mitty can save the day.


--
James H. Macklin
ATP,CFI,A&P

How about those TSA lawyers screwing with the jury?
--
The people think the Constitution protects their rights;
But government sees it as an obstacle to be overcome.
some support
http://www.usdoj.gov/olc/secondamendment2.htm
See http://www.fija.org/ more about your rights and duties.





"karl gruber" wrote in message
oups.com...
| In the airlines, part 121, the PIC is designated and
remains
| PIC even on the potty or asleep.
|
| Even if the PIC dies in flight, he remains the PIC. If the
SIC has to
| take control after the PIC's death he is merely carrying
out the duties
| of his SIC role.
| Karl
| ATP ETC
|

It really amazes me that in this day and age you can file an IFR flight plan
and give any name you desire....and who knows if you have an instrument
rating.

How hard would it be for the FAA to require a Certificate # and cross
reference it with the name given when filing a flight plan?

JMHO
"Jim Macklin" wrote in message
news:sVhRf.117141$QW2.87164@dukeread08...
You file a flight plan by telephone, or perhaps a computer
on the Internet. Nobody really knows what name is on the
flight plan and if that person is legal and who is claimed.
Only after an accident or other investigation is the actual
identity of the people on the airplane established.

If your passengers know your name and they want to use your
name and certificate, there is nothing but their ethics to
stop them. If you are a pilot riding as a passenger and
want to be sure, make a call to FSS/ATC before the flight
departs and state that you are NOT the PIC and you did not
file the flight plan. ATC might not have the full details
of the flight plan, such as the name of the pilot. But if
you care, make it a FACT.


--
James H. Macklin
ATP,CFI,A&P

--
The people think the Constitution protects their rights;
But government sees it as an obstacle to be overcome.
some support
http://www.usdoj.gov/olc/secondamendment2.htm
See http://www.fija.org/ more about your rights and duties.


"Andrew Gideon" wrote in message
online.com...
| Mortimer Schnerd, RN wrote:
|
| "Dr. Coulman owned the plane, filed the flight plan and
made the decision
| as to who would fly the aircraft," Sullivan wrote to the
NTSB.
|
| How could this be in question? If a flight plan was
filed, it has a pilot's
| name.
|
| - Andrew
|

"Matt Barrow"
I suspect a lot of pilots have filed and flown IFR flight plans with
little more than some IR training. This may be another such case.

Evidence? Reasoning?

What part of the word "suspect" don't you comprehend?

Your question begging definition skills precede you. What do you mean by "a
lot"? Or "some IR training"?

Aside from that, my evidence is NTSB reports I've read and that about one
driver in ten on the roads do not have valid drivers licenses; which is
more likely to get caught, driver or pilot.

Driver. But flying approaches in IMC with "little more than some IR
training" would likely result in lots of accidents. And I don't see any
evidence of this. (Departure or enroute IMC with an assured VMC destination
would be less problematic. Pray that a diversion isn't needed.)

moo

It really amazes me that in this day and age you can file an IFR flight plan
and give any name you desire....and who knows if you have an instrument
rating.

Does it equally amaze you that you can get into an airplane and take off
without even having your license checked in the first place?

Jose
--
Money: what you need when you run out of brains.
for Email, make the obvious change in the address.

Jose wrote:

It really amazes me that in this day and age you can file an IFR flight plan
and give any name you desire....and who knows if you have an instrument
rating.

Does it equally amaze you that you can get into an airplane and take off
without even having your license checked in the first place?

Or drive an automobile. Hell, NY State has had magnetic strips on the back
of the driver's license for some time now, perhaps automobile manufacturers
should not allow the vehicle to start unless a valid driver's license is
authenticated with the Department of Motor Vehicles database via an onboard
card reader and a wireless link.


--
Peter

On Tue, 14 Mar 2006 16:50:24 -0500, "WRE"
(remove nospam) wrote:

It really amazes me that in this day and age you can file an IFR flight plan
and give any name you desire....and who knows if you have an instrument
rating.

How hard would it be for the FAA to require a Certificate # and cross
reference it with the name given when filing a flight plan?

And for the 120 days after issuance but before the computer is updated
to show your rating?

(don't go there, we all know it shouldn't take 120 days for a
certificate to be issued, especially now that they want everything
done in self-validating IACRA and credit card companies can spit out
and ship new cards same-day........)