Flying is complex
Are pilots superhuman?
Flying a general aviation aircraft is much more complex than managing your
private pleasure boat, off road motorcycle or any other recreational vehicle.
This I can state from experience. As a professional pilot with a considerable
quantity of aviation logged, I’m quite frankly overwhelmed at times by the
amount of overhead we must carry to be considered proficient.
Comparatively speaking, we are inundated with regulations, complex procedures,
utopian maintenance requirements, escalating insurance rates, medical
limitations, huge direct operating costs and onerous fees. And that’s just the
tip of the weighty iceberg.
For most of us, we soldier on with these burdens because we consider the
pleasurable returns on our investments when it comes to flying.
My apologies are in order as this brief article will not be able to eliminate
these challenges. However, what I hope to do is enable you to protect yourself
from some of the problems that can arise.
BALANCING AVIATION ACTIVITIES AND LEGAL RISK
With the experience of dozens of aviation expert witness cases it has become
abundantly clear that almost everything we do - or don’t do - can become the
subject of a legal case.
My point isn’t that you should give up flying because the world of litigation
can visit us on boats, motorcycles, our homes or even during a drive in the car
to fetch groceries! Nonetheless, pilots should be aware of not only the risk
factors involved during normal procedures during aircraft flights, but also
their exposure to litigation.
We are all aware of the current trend to evaluate the risks involved during
flights with respect to pilot decision making and we try to govern our flights
accordingly. And of course we are all doing our best to maximize safety in
concert with Transport Canada’s program to reduce accidents/incidents.
But, how often do we consider legal ramifications during flight decision making?
If you have to appear before a judge in a civil case, it is unlikely he or she
will fully understand the role and challenges of your being the captain of an
aircraft.
Even if you don’t go as far as the courts in a law suit, the costs and emotional
drain in the battle between lawyers can make life seem like Hell. What can you
do to avoid legal purgatory?
As the line from the old song goes, “Straighten Up and Fly Right!” If you think
this litigious type of scenario can never happen to you, think again. I have
seen a best friend sue his pilot buddy when he received grievous injuries during
a crash.
Another case I am working on has aviation family members litigating against each
other! How could this have been avoided? Easily.
Sadly, most pilots do not follow all of the regulations. To balance this
observation one must add that virtually no one knows all of the rules due to
their complexity and it would therefore appear impossible to comply with them
all. What to do?
Our better Canadian flying schools do an exceptional job of teaching pilots
virtually everything they need to know for a lifetime of flying. Remember those
very detailed walk around inspections prior to committing flight? Remember those
complete preflight briefings and trip planning and the stringent dedication to
the use of checklists?
Additionally, the aircraft were constantly undergoing maintenance checks to
ensure these trainers were in the best condition possible - considering the
abuse they receive at the hands of neophyte flyers. Instructors were constantly
layering on new procedures and strangely enough, when one analyses most of them,
one finds they are related to a regulations or standards that must be complied
with.
Essentially, students were learning a wealth of information about aircraft and
safety procedures that could essentially keep them out of court. Remember being
taught the “live” magneto check - and the reason for doing same?
Unfortunately, some aviators forget the PPL is really a license to learn and not
the reaching of “diamond level” aviation skills. It is actually common for
pilots to begin a slow and steady skill decline from the day of their PPL flight
test.
Realistically, pilots need to continue their education and review processes to
maintain and surpass the skill level they achieved through dedicated effort in
school. Without this continued effort to master the changing regulations and
requirements, pilot competence will slip and exposure to accidents/incidents and
subsequent litigation will increase dramatically.
Although you have a choice in deciding what level to maintain with your currency
and procedures, it should be obvious that the results of sloppy procedures,
violation of regulations - such as low flying - can easily lead you on a path
that introduces you to the powers of the legal system. Be smart, fly safe.
Ken is a COPA director who lives in Victoria, BC. He provides services internationally in advanced training, expert witness, flight test and aircraft sales. He has logged 15,000 hours on 375 types of fixed wing and rotary aircraft. Soaring his Diamond Xtreme is what he does for pleasure.
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