pelmet wrote:Not a legal expert, in that jurisdiction or any other.
It does amaze me that they didn't check the controls for literally over 100 times.
It doesn't really surprise me. There are lots of posters on here who advocate never using checklists. That's fine as long as you always remember to do the critical stuff, but obviously that isn't always the case. This isn't the first crash due to not using checklists.
This easily fits the definition of involuntary manslaughter. If never doing a checklist, for which there is no excuse, especially with two pilots, isn't reckless enough for you, continuing the takeoff rather than rejecting and sorting the problem on the ramp most unequivocally is.
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If I'd known I was going to live this long, I'd have taken better care of myself
Meatservo wrote:This easily fits the definition of involuntary manslaughter. If never doing a checklist, for which there is no excuse, especially with two pilots, isn't reckless enough for you, continuing the takeoff rather than rejecting and sorting the problem on the ramp most unequivocally is.
They believed they could use their homebrew method to fix the problem on the takeoff roll, which didn't work. The whole thing seems to be down to laziness or rushing.
Here's video of NTSB detailing the "accident": https://www.youtube.com/watch?v=dKgJqe7Ml9c
When it's visualized like this, it's just sad how much time they had to react to the conditions and did nothing.
To intentionally ignore 5 checklists too is maddening.
N121JM... NTSB found that the FDR revealed no flight controls check was perfromed for this ill-fated flight. They also made an even more troubling discovery when examining a quick access recorder. Of the 175 previous flights, a complete flight control check was skipped on all but 2 times.
Given that the flightcrew neglected to perform complete flight control checks before 98% of the crewmembers previous 175 T/O in the airplane, the flightcrew`s omission of a flight control check before the accident T/O indicates intentional, habitual noncompliance with SOP.
-source from M.Robert Sumwalt, appointed to NTSB in 2006 by President George W. Bush and reappointed by President Barack Obama in 2011.
Pro-pilot Magazine Nov.2015
You can now make-up your mind about negligence.
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The Best safety device in any aircarft is a well-paid crew.
The pilot knew a control lock was engaged and continued the take off roll!
With passengers!
Is this involuntary manslaughter as the article suggests?
LF
Trying to fix a problem on the takeoff roll can be risky, especially a serious problem. Better to admit your error and reject the takeoff at low speed. It can be embarrassing. I did a low speed RTO last year in a Grumman Cheetah because I forgot to lock the canopy and it started sliding open during the acceleration. It does enter your mind to try and close it instead of having to explain to someone such as pax or the air traffic controller why you did an RTO, but I did decide to stop. Concentrating on fixing a problem could lead to a runway excursion as well.
"FDR data for the last 14 flights, including the occurrence flight, showed that no elevator control movement corresponding to a flight control check took place on the occurrence flight or on 11 of the 13 previous flights. These 13 previous flights were conducted by several different flight crew pairings."
"FDR data for the last 14 flights, including the occurrence flight, showed that no elevator control movement corresponding to a flight control check took place on the occurrence flight or on 11 of the 13 previous flights. These 13 previous flights were conducted by several different flight crew pairings."
That's strange. I can see one crew doing something like that but how does it become part of a company culture. What is the disadvantage of doing a flight control check? If it is like the King Air, it takes just a few seconds.
You might hit the other guys knees....but that just reminds him to get his knees out of the way. Pull it all the way back, and full deflection left and right. If there's knees in the way, they get wacked, and moved.
If you're working with the right crew, a statement just prior to control checks of, "watch your knees and nuts or watch your lips and nips" usually works.
Personally this intentional non-compliance really bugs me, it seems harder to make up your own thing than to just follow the SOPs. My first FO job, I generally worked with three different Captains and even though we had SOPs, I had to remember three different sets of them because they all had their own thing going on, really annoying!