Matthew Gage's comments about criminality, my understanding is that if
you are operating within the law (albeit doing something that does not
seem sensible), you would not be doing a criminal act. (I am no lawyer
so what would I know...)
 
For those who remember, a pilot went to start his Piper Saratoga at
Parafield (YPPF), it had a flat battery. So he hand cranked it, without
chocks and only relying upon the handbrake to hold the plane stationary.
He managed to escape penalty, because Hand Starting is an allowed
procedure in the Saratoga pilot's operating handbook. And there was some
doubt as to whether the hand brake system had a fault. I don't know if
UNISA were successful in their counter claim. Sad pictures.
 
http://www.check-six.com/Crash_Sites/VH-KBZ-ShreddedSeminole.htm
http://www.isasi.org/docs/FORUM_2003_10-12.pdf
 
So legally has was allowed to do what he did, but it didn't seem to be
the most sensible thing to do.
 
I am no lawyer, but in a court of law, the decision will be based on the
Regs.
 
I don't know what happens when it becomes a civil claim though.
 
Legal input please?


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