Is Fuel Exhaustion A Criminal Act?
Stefan wrote:
Laws differ a lot among different countries, and especially so when it
comes to negligence. And I have no idea of the Canadian law. That
said:
Is Fuel Exhaustion A Criminal Act?
No. But the question is completely wrong.
A Canadian court has found an Alberta pilot guilty of criminal
negligence and unsafe operation of an aircraft for a 2002 accident
that led to the death of a Kansas man. Mark Tayfel admitted he
misjudged the amount of fuel required for the round trip from
So he run out of fuel by negligence. Negligence in itself is no
criminal act. Had he just run out of fuel and forced landed
somewhere, well, so had he, end of story. Had he killed or injured
himself in the process, again, so he had, and end of story. (Maybe
not in regard of insurances, but that's a different question.)
But: He killed someone else in the process. And as different as
legislations in different countries are, most of them see killing
somebody by negligence as a criminal act.
So the answer to your question is: No, running out of fuel is no
criminal act. But killing somebody by negligence is. And the
negligence may be the fact that you miscalculated your fuel need and
consequently run out of fuel. BTW, not requesting a priority landing
when you know that you're short of fuel may also be negligence and so
on.
From a Goggled searched web page this from an appeal of a Criminal
Negligence case.
"in criminal negligence the Crown must prove that the accused showed a
wanton or reckless disregard for the life or safety of another. That which
the Crown must prove is described differently in respect of failing to
provide the necessaries of life. Namely, for that offence the Crown must
establish that the accused's failure endangered the life of the person to
whom he or she owed a duty or that the accused caused, or was likely to
cause, the health of that person to be endangered permanently."
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