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Legal aspect of giving flight controls to a PAX...

100% agree.

Whether you want to put the video online is another matter – it would depend on who doesn’t like you, and in which N European country you live And only you can judge that.

Administrator
Shoreham EGKA, United Kingdom

I don’t really understand this business with German air law and the UK ANO. If there is a EU regulation, then national law is not valid. The issue of who can be at the controls of an aircraft is certain to be somewhere in the EASA regs.

ESKC (Uppsala/Sundbro), Sweden

EU regulations, unlike EU directives, must be transposed exactly as they are written at EU level, so the enacting legislation at member state level should be the same. If it were an EU directive, there would be scope for greater variation as it only sets the de minimis position.

An EU citizen could rely on the regulation in the courts of his/her state as it is “directly enforceable”, even if a member state had failed to implement an EU regulation by the date of coming into force,.

CKN
EGLM (White Waltham)

Danish regs require private pilots to brief any pax not to touch anything. However, it is not explictly stated that pax touching the controls would be in violation of the regs. I know, however, that people at the Authority (“CAA”) regard it as illegal.

I just skimmed Part-NCO without finding anything prohibiting pax from having a go at the stick.

huv
EKRK, Denmark

boscomantico, high five!

My girlfriend is also the best two-axis ‘autopilot’ I’ve had when flying a C172, ideal for fiddling with the map/ipad ;)

EHLE

Whether you want to put the video online is another matter

The problem with the video was that “it could encourage less-experienced pilots to let their buddies fly from the RHS, which could lead to a dangerous situation”.

With that reasoning I should not post videos that show flight in IMC either..

I’ll delete the video if it turns out that it is illegal to have a pax at the controls, but so far I have seen no law that forbids it.

My take on this, which is worth what you are paying for it, is that the PIC remains PIC the whole time, so what can possibly be illegal about the passenger touching the controls?

Another option is to dis-identify the video. Cover up the aircraft reg if it appears on the instrument panel, and in the sound track chop out the reg in any radio calls. The wider issue is that this sort of thing is a hostage to fortune and if you screw up something, and somebody (say a passenger) puts it all over facebook, you could be ridiculed. Take e.g. that famous TB20 gear up landing at Megeve; I am sure the PIC is pretty p1ssed off about the back seater putting it online.

I would not post anything on the internet which shows me doing something definitely illegal, but I have never seen a law here in the UK saying that a passenger cannot touch the controls.

Administrator
Shoreham EGKA, United Kingdom

That’s two different things, right … “Touching the controls” while the PIC flies, or actively flying the airplane.

CKN wrote:

EU regulations, unlike EU directives, must be transposed exactly as they are written at EU level, so the enacting legislation at member state level should be the same. If it were an EU directive, there would be scope for greater variation as it only sets the de minimis position.

Right. And the EASA rules are regulations. So how can the German Air Law or the UK ANO have any say about things which are already regulated by EASA?

According to Wikipedia:

When a regulation comes into force, it overrides all national laws dealing with the same subject matter.

ESKC (Uppsala/Sundbro), Sweden

Is it made clear in the video that the RHS is not licenced? I really wouldn’t worry. You didn’t crash so who on earth is going to care?

EGTK Oxford
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