Source · Prevention of Future Deaths

Edward Haughey

Ref: 2016-0030-wp25087 Date: 2 Feb 2016 Coroner: Jacqueline Lake Area: Norfolk 1 response identified · 1 indexed addressee View PDF

AI-generated concerns summaryRegulations preventing take-off in poor visibility at licensed aerodromes do not apply to non-commercial flights from unlicensed aerodromes, a gap noted by the coroner despite previous accidents and recommendations.

Date 2 Feb 2016

56-day deadline 29 Mar 2016 stated in the report

Responses identified 1 of 1

Other related deaths

Coroner's concerns

AI summary

Regulations preventing take-off in poor visibility at licensed aerodromes do not apply to non-commercial flights from unlicensed aerodromes, a gap noted by the coroner despite previous accidents and recommendations.

View full coroner's concerns

(1) On the 13 March 2013 at the time of take-off, it was dark and there was fog. Visibility was therefore limited. There are Regulations in place which would have prevented a take-off in these conditions had this been a departure from a licensed aerodrome and had this been a commercial venture.

(2) Because this was a departure from a non-commercial venture and take-off was from an unlicensed aerodrome, those Regulations do not apply.

(3) It is understood there was an accident in the 1990s in similar circumstances and operating under private category rules, as a result of which the Irish Air Accident Investigation Unit (AAIU) published a report and noted that "The flight used a navigation approach procedure that would not meet the standards required by the UK Authorities for public transport operations. However, this was not illegal because the flight was operated under private category rules." (4) The AAIU made recommendations including that "The UK CAA should consider the establishment of a special category for the operation of corporate aviation". It is understand this recommendation was accepted but no special category was established. Guidance was provided but not regulation.

(5) New European aviation legislation affecting the non-commercial operation of aircraft will come into effect in the UK from 25 August 2016 which will introduce new regulations for the management and operation of this type of aircraft.

(6) It is understood the CAA has decided a broader and deeper review of Instrument Flight Rules outside controlled airspace in general is necessary and that a project plan is being developed to address the issues, develop recommendations and suggested courses of action. There is liaison with the European Aviation Safety Agency "in taking forward any such changes".

(7) It is of concern that despite the previous accident in the 1990s and this accident, a departure from a non-commercial venture and an unlicensed aerodrome is not covered by the equivalent regulation as a departure from commercial and licensed premises.

Responses

1 respondent

CAA

Other

Letter dated 1 Mar 2016 PDF

AI-classified response stance Action Planned

AI-generated response summary

• The Civil Aviation Authority (CAA) published Safety Notice SN-2014/006 to provide guidance for private operators on establishing Aerodrome Operating Minima for IFR Departures. • The CAA instigated a review of the rules applicable to flights performed under Instrument Flight Rules outside controlled airspace, scheduled for completion by 30 September 2016. • The CAA will re-issue the Safety Notice with enhanced information by 31 March 2016 and update another Safety Notice regarding flight planning.

Report sections

Investigation and inquest

On 14 March 2014 I commenced an investigation into the deaths of: Carl Alan Dickerson, Age: 36 years The investigation concluded at the end of the inquest on 15 January 2016. The conclusion of the inquest was medical cause of death: 1a) Head and Chest injuries and short-form conclusion: Accidental Death

Edward Enda Haughey - Lord Ballyedmond, Age: 70 years, The investigation concluded at the end of the inquest on 15 January 2016. The conclusion of the inquest was medical cause of death: 1a) Head injuries and short-form conclusion: Accidental Death.

Lee Christopher Hoyle, Age: 45 years. The investigation concluded at the end of the inquest on 15 January 2016. The conclusion of the inquest was medical cause of death: 1a) Head and Chest injuries and short-form conclusion: Accidental Death.

Declan Joseph Small, Age: 42 years. The investigation concluded at the end of the inquest on 15 January 2016. The conclusion of the inquest was medical cause of death: 1a) Head and Chest injuries and short-form conclusion: Accidental Death.

Circumstances of the death

On 13 March 2014 all four men were on board an Augusta Westland AW139 helicopter, G-LBAL. It was dark and foggy. Shortly after take-off the helicopter impacted with the ground near Gillingham, Norfolk. All four men died as a result of their injuries.

Copies sent to

Legal: Stewart Law LLP JWK Solicitors Slater Gordon (UK) LLP Clyde & Co Holman Fenwick Willan LLPAAIB

Similar PFD reports

Shared signals

Report details

Reference: 2016-0030-wp25087
Date of report: 2 February 2016
Coroner: Jacqueline Lake
Coroner area: Norfolk

Responses identified

Responses identified 1 of 1

All listed responses identified

Organisations named in PFD reports are normally expected to respond within 56 days. Deadline: 29 Mar 2016 (stated in the report).

Sent to

Civil Aviation Authority

Source links

Judiciary.uk page → Report PDF →

Data: judiciary.uk.

Contains public sector information licensed under the Open Government Licence v3.0.