Yesterday, an airline from the media grabbed a photo of a passenger in the cockpit on Weibo, and then began to explode in various media. Today, including the People’s Daily, CCTV and other heavyweight state media have also been retweeted. The incident also took place at Guilin Airlines, which took place exactly 11 months ago.
From yesterday to today, I have also been interviewed and discussed by various media on this matter, and here are some further explanations.
For most of the media to link this incident to air crashes such as The Russian Airlines, these are purely commercial hype because the incident is completely irrelevant.
Non-compliance but not dangerous behavior
What is the nature of the passenger’s entry into the cockpit? Is it the same as the Russian captain letting his own child fly the plane?
First, let’s see if the passenger’s entry into the cockpit is a violation of the Civil Aviation Authority’s rules.
With regard to the requirements for access to the cockpit, The Civil Aviation Regulations CCAR121, i.e. Article 545 of the Rules for the Qualification of The Operation of Public Air Transport Carriers for Large Aircraft, provide that:
So what are the penalties for violating this rule?
Many media have used this regulation, but did not see that the penalty for this regulation is not the crew, but the certificate holder, that is, the airline.
In other words, if a violation of the passenger’s entry into the cockpit regulations, the Civil Aviation Authority should punish the airline, which does not include the Civil Aviation Authority’s penalty for the captain and other crew members.
That’s not to say that the passenger’s entry into the cockpit is not responsible. The responsibility of the crew lies in the violation of civil aviation regulations, and must be a violation of the company’s manual, which usually sets the company’s regulations in accordance with the civil aviation authority’s regulations.
Passengers entering the cockpit without touching any electrical doors, switches, and controls are indeed a violation, but it is not dangerous to enter the cockpit, and the aircraft is out of control, as many civil aviation authority requires people who can enter the cockpit. For example, I have flown myown icao to meet ICAO personnel certified to the altimed, they just know the altimed meter, do not understand flying.
Before 9/11, almost all international flights, especially those in the United States, were largely allowed to visit the cockpit if requested. The cockpit doors of many flights are open in the air. I’ve been in the cockpit of a lot of flights myself, especially every time I’ve been in Air New-Zealand.
After 9/11, cockpit management was strengthened for reasons such as counter-terrorism.
Many self-media think that if the passengers in the cockpit, random touch then endanger the safety, in fact, even if the passengers in the cabin in a disorderly groping, it is just as dangerous. Allowing passengers to enter the cockpit and allowing passengers to fly the aircraft is a completely different concept, if far-fetched equivalent, is not all people can not enter the cockpit in the future, because there is a risk, if all the personnel are presumed guilty, then all passengers on board the plane is a risk, they are likely to open the cabin door, Emergency doors, slide…
Besides, the same is the transport flight, many foreign small transport aircraft do not even have the cockpit door, the second row of passengers sitting behind the pilot, watching the pilot pilot, it is not possible?
Is it legal to suspend a flight for life?
The reason why this article is called cold-eyed look at this event, is that we strictly in accordance with the rules, rules to see this event.
First of all, there is no basis for the penalty of suspending flight for life in civil aviation regulations, and for airlines and employees are only employment relations, airlines can dismiss the captain, can also dismiss the captain, contract, can also terminate the contract. But what is the basis for airlines to “stop flying for life”? Because for qualification, the airline does not have the right to decide whether a pilot can fly, you can not hire a pilot for any position and work, but can not terminate the qualifications of others, because the qualification stoofory can fly is the administrative action of the state. It should be done by the national administration, such as the Civil Aviation Authority.
The aviation group involved in the violation of this requirement is classified as the so-called red line.
This article stipulates that in case the crew violates the entry of other personnel into the cockpit, the responsible person dismisses the captain or lowers it to the lowest level, and suspends the flight for 3-6 months.
As for this provision, I personally feel reasonable compliance, because the airline and the pilot is the employment relationship, if the pilot intentionally violated the law, to bear a certain penalty should also be.
But if an airline violates its own rules and increases the penalty at will or in violation of the rules, how can pilots be required to comply with the company’s rules? And what is the basis on which airlines impose a permanent suspension on pilots?
The rule of law has a long way to go
Our country has repeatedly stressed the rule of law, every enterprise should also be in accordance with the law management, neither easily let go of any illegal crime, nor can arbitrarily increase the standard of punishment, arbitrary increase in punishment is also lawless, so as to violate the basic principles of the rule of law.
Although, judging from the current alert message sending to some pilots by H Airlines, the captain has a high probability that the civil aviation authority may have his licence revoked and be temporarily or permanently disqualified from commercial flights.
However, we sincerely hope that the Civil Aviation Authority can practice the concept of ruling the country according to law, in accordance with the existing standards of civil aviation regulations, impartial to the pilot punishment, neither let go of malicious violations, nor arbitrarily increase the punishment, really do according to the rules, the rule of law!
This article thanks the flight technology branch colleagues for their assistance!
Author: Senior Captain Chen Jianguo