Is it safe to fly? Licences being issued despite inadequate training

Air travel accidents seem to be happening far too frequently nowadays.

With videos of near-miss plane accidents and alarming reports of fatal plane crashes flooding social media, public awareness of aviation safety issues has increased significantly.

This heightened visibility raises the question: is air travel becoming less safe, or are we more exposed to the increased media coverage of aviation incidents?

While human error is often considered a major contributor to plane crashes, recent cases have shown that authorities are also responsible for these catastrophic incidents. These include cases where:

• Pilot licenses are being issued despite inadequate training.
• The air traffic controller failed to issue safety alerts appearing on the controller’s console when two aircraft appear in proximity to each other.
• Aircraft are not being adequately inspected and/or maintained to ensure they are safe for use by pilots.

This raises serious concerns about the aviation industry's current standards and the effectiveness of regulatory bodies in ensuring the safety of aircraft operators.

Plane crash victim’s licence issued despite insufficient flying experience

In a recent Inquest conducted by Coroner Lawrie, we acted for Karen, the fiancé of Mathew Farrell, who was tragically killed in an aeroplane crash in September 2022 at Lucyvale in North-Eastern Victoria. Karen knew that Mathew was inexperienced and should not have been granted a licence to fly a plane by himself, especially with his limited training. She came to Maurice Blackburn for advice.

Mathew’s decision to fly and his limited experience ultimately led to the fatal incident. However, it wasn't Mathew's responsibility to assess his capacity and ability to fly. The relevant authority evaluated and provided Mathew with a Recreational Pilot’s Certificate (RPC), deeming him capable of recreational flying and doing so safely.

The Coroner concluded that Mathew had only received a total of 14.7 hours of flight training under his instructor, which included only 3.6 hours of solo hours flying. Mathew should never have been issued his RPC based on the inclusion of his flight time as a non-powered paraglider pilot as recognised flight time towards his RPC.  The Coroner also held that there was no proper basis for the authority to grant Mathew’s cross-country endorsement. That is, the authority should not have counted Mathew’s cross-country paragliding experience counted as recognised flight time for his RPC cross-country endorsement. Specifically, the Coroner determined:

“The significance of the cross-country endorsement should not be overlooked – without it, Mr Farrell would not have been permitted to attempt the flight on 18 September 2022.”

Legal and ethical implications

Mathew lost his life because he was wrongly issued a pilot licence and given the go-ahead to fly cross-country solo.

This is one example of cases Maurice Blackburn is conducting on behalf of families of deceased pilots, as well as pilots who have been injured in aircraft which should not have been cleared for flying.

We will now be looking into legal avenues for our client, Karen, to seek justice for Mathew's untimely and preventable death, including claims of negligence and breach of duty of care.

When individuals, businesses, or organisations have a 'duty of care' to ensure the safety of those in their care, they are legally obligated to take all reasonable steps to prevent harm.

Failure to uphold this responsibility can lead to tragic consequences, as evident in Mathew's situation.

Making a public liability claim

Public liability claims aren't limited to slips and trips or incidents on sporting fields.

They can occur anywhere, even in the sky.

When an organisation is negligent and has a duty of care, they are liable for resulting harm or damages. Ensuring that all safety protocols and procedures are followed is crucial in preventing incidents and fulfilling that duty of care. When a pilot is issued a licence with insufficient flying experience, they fall victim to the aviation industry’s current safety standards.

If you or someone you love has been injured due to someone else's negligence, you should speak to a lawyer. Our Public Liability lawyers can guide you through the claims process and help you understand your rights and entitlements.

Contact us today to find out how we can help you.