Go Back  Airline Pilot Central Forums > Airline Pilot Forums > Regional
NTSB chairman says regionals 'can't wait' >

NTSB chairman says regionals 'can't wait'

Notices
Regional Regional Airlines

NTSB chairman says regionals 'can't wait'

Old 05-27-2010, 03:50 PM
  #11  
Line Holder
 
Joined APC: Mar 2010
Posts: 98
Default

OK, now what? Talk is cheap....
paintyourjet is offline  
Old 05-30-2010, 02:32 AM
  #12  
Gets Weekends Off
 
Joined APC: Jul 2007
Posts: 2,525
Default

Originally Posted by DashDriverYV View Post
All they would have to do is make the Mainline partner accountable for all damages if one of their regional partners crash one. That would create instant oversight from mainline, and they would either crack down or take back the flying entirely
Ding, ding, ding!!! We have a winner!
RJSAviator76 is offline  
Old 05-30-2010, 04:48 AM
  #13  
Gets Weekends Off
 
Lighteningspeed's Avatar
 
Joined APC: Sep 2007
Position: G550 Captain
Posts: 1,205
Default

Originally Posted by DashDriverYV View Post
All they would have to do is make the Mainline partner accountable for all damages if one of their regional partners crash one. That would create instant oversight from mainline, and they would either crack down or take back the flying entirely
But they are. You can bet your money that there is a class action lawsuit against Contiental Airlines for that Buffalo Colgan Crash. Contract feeders are directly working for the mainline master and as such the likelihood of Continental being held responsible for that crash, at least partially, is great.

Colgan is deemed to be representing Continental Airlines in the eyes of the flying public. Colgan flies airplanes painted with Continental colors and logos, and their flights are advertised as Continental flights to the public.

Even if Continental is held not liable, the cost of defending such a massive lawsuit is extremely expensive. Mainline management is aware of it. Problem is most top management only last few years so they are only interested in short term profits and the cost of defending such a lawsuit is weighed against the savings made by farming out the mainline flying to the cheapest bidder. Continental management and their beancounters figure it still makes monetary sense to have Colgan fly those flights. In the Colgan Buffalo crash, that type of mentality has come back and bit them on their a**.

Anytime a contract feeder gets into an accident from now on, the public,more than ever, will demand a thorough investigation into whether the training and experience of the flight crew met the current professional mainline standards or whether they were negligent and subpar. In the Colgan crash, there is enough evidence to make a convincing argument that there was negligence on the part of Colgan and Continental Airlines will most likely be held accountable as well, at least partially.
Lighteningspeed is offline  
Old 05-30-2010, 10:20 AM
  #14  
Tuberriffic
 
thepotato232's Avatar
 
Joined APC: Jul 2007
Position: Hopefully the bunk
Posts: 207
Default

The class-action lawsuit against CAL you mentioned is indeed in place, but the current mechanics of liability severely limit the potential success of that suit. While it's true that Continental has been held at least tangentially liable for 3407, they have successfully managed to deflect most of the blame toward the operator of the flight. The outcry that immediately followed 3407 regarding "name on plane/ticket" vs. actual operator has predictably died down, as public outrage is a perishable resource. It's now the status quo, and while people may still not like it, there is no legislation in place or in the works that would come close to DashDriver's elegant solution. The waters are muddy enough with rest rules, pay scales, etc. that the flying public has lost interest.

As long as the cost/benefit analysis at the highest levels of airline management still works out such that the financial benefits of outsourcing without oversight justify a Colgan crash or two, you won't see any change.
thepotato232 is offline  
Old 05-30-2010, 05:05 PM
  #15  
Gets Weekends Off
 
Lighteningspeed's Avatar
 
Joined APC: Sep 2007
Position: G550 Captain
Posts: 1,205
Default

Originally Posted by thepotato232 View Post
The class-action lawsuit against CAL you mentioned is indeed in place, but the current mechanics of liability severely limit the potential success of that suit. While it's true that Continental has been held at least tangentially liable for 3407, they have successfully managed to deflect most of the blame toward the operator of the flight. The outcry that immediately followed 3407 regarding "name on plane/ticket" vs. actual operator has predictably died down, as public outrage is a perishable resource. It's now the status quo, and while people may still not like it, there is no legislation in place or in the works that would come close to DashDriver's elegant solution. The waters are muddy enough with rest rules, pay scales, etc. that the flying public has lost interest.

As long as the cost/benefit analysis at the highest levels of airline management still works out such that the financial benefits of outsourcing without oversight justify a Colgan crash or two, you won't see any change.
You seem to lack a basic understanding of how judicial system works in this country because Dashdriver's "elegant solution" as you called it cannot happen in the US without judicial precedence. We do not have France's Napoleonic code system where everything is spelled out black and white.

Our Tort and contract liability is one based on stare decisis. Meaning, as I have indicated, it can only come when a legal action such as the one against Continental prevails and sets a precedence for holding the mainline carrier liable for the actions of its contract feeder like Colgan. There have been numerous cases in the past that have held main party liable for the negligent actions of its subcontractor when that subcontractor was held out as representing the main party, such as in this case. I doubt Continental will be able to escape its share of the liability, however they maybe divided by the court.

As for your second point of cost benefit analysis, I have already pointed out that was the reason for mainline carriers to sell out scope to the cheapest bidder, however, this Colgan crash will have numerous legal and regulatory consequences which will force mainline management to reassess their strategy.
Lighteningspeed is offline  
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
wags3539
Regional
39
03-02-2010 02:33 PM
alfaromeo
Major
30
11-11-2009 06:40 PM
Atreyu
Regional
49
07-20-2009 02:34 PM
Flyby1206
Regional
138
06-29-2009 09:59 AM
Flyby1206
Major
9
06-17-2009 10:23 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 On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Thread Tools
Search this Thread