Frank had a company, named Foxtrot-Whiskey Air Ltd which is registered in the UK. His company holds AOC (Air Operator’s Certificate) and their charter drive in various destinations. On the other hand, his company’s aircraft carry insurance and had the Certificates of Airworthiness. In the Air Navigation Order 2009, article 20 says about the airworthiness of an aircraft,(1) ‘’Subject to and in accordance with article 14(1) of the Basic EASA Regulation, the CAA may direct that an EASA aircraft must not fly until one of the following has been completed to the satisfaction of the CAA - (a) Maintenance of the aircraft or of any equipment necessary for the airworthiness of the aircraft which has been made mandatory by a directive issued by the CAA; (b) An inspection for the purpose of ascertaining whether the aircraft remains airworthy which has been made mandatory by a directive issued by the CAA; or (c) Any modification of the aircraft or of any equipment which is necessary for the airworthiness of the aircraft and has been made mandatory by a directive issued by the CAA for the purpose of ensuring that the aircraft remains airworthy.’’1 An affluent businessmen Carl hired a warrior aircraft to fly from Luton to Scotland. Carl had fly in controlled airspace. Controlled is an airspace which defined magnitudes within air traffic control facility is provided in accordance with the airspace categorization and covers air traffic services. Airspace Classes A, B, C, D and E as described in The Rules of the Air Regulations2. However, in the regulations it also mentioned that an aircraft always have to fly according to the Visual Flight Rules (VFR) or Instrument Flight Rules (IFR)3. In the control zone rules Luton is in under Class D air space. In the Rule of the Air (RotA), it is mentioned that if the air space is in Class D then it needs to follow Visual Flying Rule (VFR). The VFR flight is allowed to be at or below 3000 ft amsl at a speed of 140 kt or less, which stay clear of cloud and the flight visibility should be 5 km4. Carl flies next to elected airways on the deprived visibility circumstance, in accordance with his filed flight plan. Visual flight rules flight for designated areas. A pilot-in-command operating a visual flight rules flight within or into areas, or along routes, designated by the authority according to the regulation 335 sub-regulation (2)(c) or (d) will maintain continuous air- ground voice communication watch on the appropriate communication channel of, and report its position as necessary to, the air traffic services unit provides flight information service6. In addition, on rule 267 mentioned that, ‘’For the purposes of an aircraft taking off from or approaching to land at an aerodrome within Class B, Class C, or Class D airspace, the visibility, if any, communicated to the commander of the aircraft by the appropriate air traffic control unit shall be taken to be the flight visibility for the time being’’.8 When Carl was near to his destination, he started to go down all the way through cloud and undergo engine broke down. However, it was the pilot responsibility before starting the flight to ensure the weather forecast. On the paragraph (2) of the (RotA); instantaneously before flight an aircraft the pilot needs to inspect the weather forecasts and make sure about the conditions of the planned flight path, in order to determine whether Instrument Meteorological Conditions prevail, or are likely to prevail, during any part of the flight.9 This pre flight action of pilot has been mentioned in the article 86 of (ANO) 200910. In this case the last part of descent the pilot entered into uncontrolled airspace. Moreover, the flight for uncontrolled airspace, it is mentioned in the rule 28; ‘’ an aircraft flying outside the controlled airspace at or beyond flight level 100 shall linger at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in the visibility of flight at least 8...
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