What criminal liabilities do pilots face?

Pi1otguy

Pi1otguy

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Fox McCloud
We all know the kinds of civil liabilities GA exposes us and our estates (one day..), but in light of the Costa Concordia event, are there any criminal liabilities relating to flying? My initial understanding was that getting violated by the FAA resulted in cert action or fines. Are there also applicable criminal penalties when we occasional have accidents?
 
I do not think the FAA can impose criminal penalties for FAR infractions.
There may be other agencies that could bring criminal charges. An example might be if you intentionaly landed on say a highway (not an emergency) There may be laws you broke besides the FAR's that could lead to criminal prosecution.
 
In the USA, criminal prosecution of a pilot is very rare -- you really have to do something, well, criminal to arrive at that point. AOPA Pilot had a story about a pilot prosecuted for negligent homicide during an illegal sightseeing ride when he hit wires at a very low altitude (under 100 AGL, IIRC) and the passenger was killed. But other than deliberate violations where someone gets killed, it just doesn't happen here.

That said, outside the USA, the story can be very different. There are some web sites which track the criminal prosecution of pilots over accidents (and I do mean accidents, not crashes resulting from deliberate violations).
 
Other countries treat aircraft accidents as criminal investigations and subject the pilots to potential criminal prosecution, witness the midair over Brazil a couple of years ago.

Here in the US the NTSB and FAA don't typically pursue criminal prosecutions for accidents. I believe the FAA can pursue criminal prosecution for perjury and the like.

There was just a case reported where a pilot is being charged with manslaughter for the death of his daughter. http://www.avweb.com/avwebflash/news/PilotChargedWithManslaughterInCrash_206114-1.html

Edit: This case meets the level of an egregious and willful violation, IMHO.
 
There was just a case where a NH pilot was charged with manslaughter in the death of his daughter. Then we have the barefoot bandit. Or the pilots who crashed in Italy for flying low and tagging the powerlines.
While the FAA may not be able to bring criminal charges against a pilot, there certainly are enough other agencies out there.
 
I think if you lie to the FAA you could be prosecuted but, not by the FAA. I would guess it would be a Federal prosecution. I do not THINK the FAA has the authority to make criminal charges. I will defer to someone that actually knows.
 
Neither the FAA nor the NTSB have the power to pursue a criminal prosectution. That gets handled by the Department of Justice at the Federal level, or the DA/State's Attorney at the state/local level. If the FAA smells something rotten, they normally bring in the FBI for that.
 
*See Mr. Levy's above reply before reading this

Wreckless endangerment- Me buzzing I-95 in my P-51 while inverted
Gross Negligence- My disregard for safety caused you to walk into my prop.
Involuntary manslaughter- self explanatory
Gross negligence leading to involuntary manslaughter- self explanatory
Criminal Negligence- Falsifying stuff/ breaking rules on purpose
FAR's- From what I understand

That's just a little taste. There's a lot now. When I was a little boy (JUST a few years ago!) if you saw something cool, people would offer rides. I rode in some cool stuff back then. Now when I was 40nm from home at an airport I got a ride offer. Had to fax four liability release forms to my mom to go for a ride. Two more for a glider lesson, one more for a Super Cub lesson.

Within reason there is no reason to fear a lawsuit or charges but ,hey, you never know.

P.S. In Flying Mag (I think it was Flying) Martha Lunken commented on how when she was with the FAA she often got pilots to self incriminate themselves. She later said that if you're approached by the FAA, give as little info as possible. I'll find which magazine it was in and post the quote.
 
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A pilot who buzzed the Santa Monica Pier in a Soviet-era military jet in 2008 went to jail on Wednesday for operating an aircraft in a manner that endangered life and property.

Having lost his appeal, David G. Riggs, 48, surrendered to authorities in Los Angeles County Superior Court and began serving a 60-day sentence imposed by Judge Harold I. Cherness in June 2010.

Riggs, a producer of jet action films, also was ordered to clean beaches for 60 days and to pay more than $6,000 in penalties and court fees.
Click to expand...

http://latimesblogs.latimes.com/lan...monica-pier-in-military-jet-sent-to-jail.html
 
Greg, the items you list could result in criminal prosecution but not by the FAA. The FAA can only impose civil penalties. See Ron Levy's post.
 
ronnieh said:
Greg, the items you list could result in criminal prosecution but not by the FAA. The FAA can only impose civil penalties. See Ron Levy's post.
Click to expand...

I posted the mini-list based on Mr. Levy's post. I figured as the thread is read you'd have to see his before mine while bearing his post in mind. I'll add an * to be safe.
 
Philadelphia Inquirer, 2004:

A judge found John V. Salamone, the pilot who flew his single-engine plane through Philadelphia airspace while intoxicated in January, guilty of risking a catastrophe yesterday.
After a two-day nonjury trial, Montgomery County Court Judge Bernard Moore also found Salamone, of North Coventry in Chester County, guilty of reckless endangerment. Moore ruled immediately after lawyers gave their closing statements.
Salamone, 44, faces a maximum of nine years in prison. The charge of risking a catastrophe is a felony and could bring up to seven years in prison.
Click to expand...

I believe this was tried under state law.
 
Sorry Greg T, I misunderstood you.
 
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