Go Back  Airline Pilot Central Forums > Pilot Lounge > Aviation Law
Concorde Crash Trial Begins >

Concorde Crash Trial Begins

Search

Notices
Aviation Law Legal issues, FARs, and questions

Concorde Crash Trial Begins

Thread Tools
 
Search this Thread
 
Old 02-01-2010 | 03:04 PM
  #1  
vagabond's Avatar
Thread Starter
Administrator
 
Joined: May 2006
Posts: 8,025
Likes: 0
From: C-172
Default Concorde Crash Trial Begins

Ok, this thread is to follow the trial that began today in a courtroom just outside Paris. This is NOT a thread for people to bash lawyers or the justice system, so please do not make those inappropriate comments.

Blame disputed as Concorde crash trial opens - Europe- msnbc.com
Reply
Old 02-01-2010 | 03:25 PM
  #2  
USMCFLYR's Avatar
Gets Weekends Off
 
Joined: Mar 2008
Posts: 13,843
Likes: 1
From: FAA 'Flight Check'
Default

"I see absolutely no useful purpose served in bringing a criminal prosecution a decade later on a set of facts that suggests nothing more than an aviation tragedy that has multiple mistakes and human errors, like so many others," said Kenneth P. Quinn, the Flight Safety Foundation's general counsel.
Ditto.

Well this would be part of French Law that I could disagree with then:
tries to pin down who should be held criminally responsible for the crash,
...right after the French themselves say:
the French Accident Investigation Agency deemed the accident unpredictable.
Doesn't criminal require something of an intent?

USMCFLYR
Reply
Old 02-01-2010 | 03:48 PM
  #3  
rickair7777's Avatar
Prime Minister/Moderator
Veteran: Navy
 
Joined: Jan 2006
Posts: 45,134
Likes: 797
From: Engines Turn or People Swim
Default

Originally Posted by USMCFLYR

Doesn't criminal require something of an intent?

USMCFLYR
Not criminal negligence or similar concepts. I agree it's BS in this case, any mistake at all aviation can be fatal, but it shouldn't be criminal unless there was blatant and flagrant disregard for safety.
Reply
Old 02-01-2010 | 05:08 PM
  #4  
USMCFLYR's Avatar
Gets Weekends Off
 
Joined: Mar 2008
Posts: 13,843
Likes: 1
From: FAA 'Flight Check'
Default

Criminal negligence is not a specific intent crime. It is a general intent crime and would require for the accused acts to have some foreseeable consequence that includes death or serious bodily harm.

For those maintainers to be charged with this I think they would have to prove that they KNEW that if the maintainer installed this widget wrong, and the inspector KNEW that if he didn't properly check the installation of the widget, then they KNEW that said widget would fall off and cause a mishap that you might be able to pin criminal negligence on them.

In the end - the personally think that the French are reaching on trying to find someone criminally negligent on this terrible mishap. Find the problem, FIX the problem. Those maintainers actions (or lack of actions) were only one hole in the entire chain of events that led to that mishap. IMO.

USMCFLYR
Reply
Old 02-01-2010 | 06:54 PM
  #5  
rickair7777's Avatar
Prime Minister/Moderator
Veteran: Navy
 
Joined: Jan 2006
Posts: 45,134
Likes: 797
From: Engines Turn or People Swim
Default

Originally Posted by USMCFLYR
In the end - the personally think that the French are reaching on trying to find someone criminally negligent on this terrible mishap. Find the problem, FIX the problem. Those maintainers actions (or lack of actions) were only one hole in the entire chain of events that led to that mishap. IMO.

USMCFLYR
Very true, there had been previous tire failures which resulted in fuel leaks so obviously a known design flaw. But french national pride is at stake...best to shift some blame to a couple of americanos. never mind that unlike the mechanics, AF and the designers KNEW there was a problem.
Reply
Old 02-01-2010 | 09:16 PM
  #6  
KC10 FATboy's Avatar
Gets Weekends Off
 
Joined: Jun 2007
Posts: 4,221
Likes: 61
From: Legacy FO
Default

Let's see ...

1. Aircraft had a critical vulnerability which could result in a hull loss if a tire explodes -- a situation that was known for many years as a result of an almost identical accident which resulted in some modifications.

2. The left MLG didn't have a required part installed (faulty maintenance), which meant that the wheels weren't tracking straight. This is the same MLG which had catestrophic tire failures.

3. The aircraft was rotated before Vr.

4. The FE shutdown an operable but crippled engine before commanded by the PIC.

5. The aircraft was overweight and C.G. balance in question.

So yeah, this is all CAL's fault. Good grief. :(
Reply
Old 02-02-2010 | 03:59 AM
  #7  
TPROP4ever's Avatar
Gets Weekends Off
 
Joined: Oct 2008
Posts: 1,154
Likes: 0
From: none ya...
Default

This is about nothing but Air France trying to shift blame. They want to blame America for bringing down the mighty concorde. I must say after driving trucks into and out of quebec years ago, and dealing with the french thought processes, this actually doesnt surprise me. The bigger issue here is the possible precedent it might set into international law. This could have big consequences for generations, all to allow a couple Air France executives to try to "save face"...They would never admit that they knew for years about problems with the Concorde.
Reply
Old 02-02-2010 | 04:20 AM
  #8  
Line Holder
 
Joined: Jul 2006
Posts: 690
Likes: 0
Default Continental faces charges in Concorde crash

FT.com / Companies / Airlines - Continental Airlines faces Concorde crash charges

A decade later? Really...It's tragic, but are these people really responsible for it?

Isn't there a statute of limitations in French Law? A statute in a common law legal system that sets forth the maximum time after an event, that legal proceedings based on that event may be initiated.
Reply
Old 02-02-2010 | 04:25 AM
  #9  
Captain Bligh's Avatar
Gets Weekends Off
 
Joined: Jun 2009
Posts: 791
Likes: 0
Default

How about the fact they neglected to comply with their own pre-takeoff runway contamination inspection rules?
Reply
Old 02-02-2010 | 04:28 AM
  #10  
tsquare's Avatar
No longer cares
 
Joined: Mar 2008
Posts: 12,109
Likes: 0
From: 767er Captain
Default

Ygtbkm.....
Reply
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
ToiletDuck
Safety
5
08-08-2012 09:04 PM
BOGSAT
Regional
1
12-14-2009 08:43 PM
vagabond
Aviation Law
2
10-22-2009 05:44 PM
Moose
Hangar Talk
8
08-30-2009 09:00 PM
vagabond
Aviation Law
8
10-26-2008 08:01 AM

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are Off
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



Your Privacy Choices