GD #116 - CASA updated its database at 12:01pm yesterday, three hours after the crash, to show ACJC as the registered operator. (My bold).
GD - In reference to my bold bit, it's probably not a huge deal,
Naughty GD – and very cunning; you know as well as I do that under law (strict liability) most of the ‘responsibility’ falls on – “the registered operator” (RO). Now, who will get to this vexed question first? The insurance lawyers are a good bet; IF (big) if the certificate of registration holder was ‘still liable’ as the registered ‘operator’ it could place someone in a very ‘murky’ position – liability wise; particularly in regard to maintenance. I can’t be bothered to look up any changes to the regs which may affect this; but, if there are any, it will not be to the advantage of the RO and if this proves to a maintenance related accident – or even a question of who was actually the party ‘responsible’ for the aircraft and operations; it become a picnic day for the legal eagles.
The fact that CASA moved so swiftly must set the litigation bells ringing; perhaps it is all kosher and all the ducks are neatly lined up – but it is an area worth watching.
GD - In reference to my bold bit, it's probably not a huge deal,
Naughty GD – and very cunning; you know as well as I do that under law (strict liability) most of the ‘responsibility’ falls on – “the registered operator” (RO). Now, who will get to this vexed question first? The insurance lawyers are a good bet; IF (big) if the certificate of registration holder was ‘still liable’ as the registered ‘operator’ it could place someone in a very ‘murky’ position – liability wise; particularly in regard to maintenance. I can’t be bothered to look up any changes to the regs which may affect this; but, if there are any, it will not be to the advantage of the RO and if this proves to a maintenance related accident – or even a question of who was actually the party ‘responsible’ for the aircraft and operations; it become a picnic day for the legal eagles.
The fact that CASA moved so swiftly must set the litigation bells ringing; perhaps it is all kosher and all the ducks are neatly lined up – but it is an area worth watching.