DETERMINATION IN FATAL ACCIDENT INQUIRY IN TERMS OF THE FATAL ACCIDENT AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 INTO THE DEATH OF COLIN McRAE AND [2011] ScotSC 144 (02 September 2011)

DETERMINATION IN FATAL ACCIDENT INQUIRY IN TERMS OF THE FATAL ACCIDENT AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 INTO THE DEATH OF COLIN McRAE AND [2011] ScotSC 144 (02 September 2011)

The deaths were caused by the pilot's decision to fly at low level and high speed into Mouse Valley, contrary to good airmanship and regulatory requirements, with no operational necessity, resulting in a loss of control and fatal crash. Reasonable precautions, including refraining from such flying, would have avoided the accident.

Citation
[2011] ScotSC 144
Parties
Applicant: Crown; Interested Party: McRae family; Interested Party: Eurocopter; Interested Party: Civil Aviation Authority
Jurisdiction
Scotland
Judgment Date
02 September 2011
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Determination issued; deaths found to be accidental but avoidable with reasonable precautions.
Legal Topics
Fatal Accident Inquiry, Pilot Licensing, Aviation Safety, Negligence, Air Navigation Order, Good Airmanship
Aviation Law Public Safety Law Coronial Law Fatal Accident Inquiry Pilot Licensing Aviation Safety Negligence Air Navigation Order +1 more

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Parties

Crown

Applicant

McRae family

Interested Party

Eurocopter

Interested Party

Civil Aviation Authority

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 What caused the deaths of Colin McRae and others in the helicopter crash?
  2. 2 Were there reasonable precautions whereby the deaths might have been avoided?
  3. 3 Did any defect in the system of working contribute to the deaths?

Ratio Decidendi

The deaths were caused by the pilot's decision to fly at low level and high speed into Mouse Valley, contrary to good airmanship and regulatory requirements, with no operational necessity, resulting in a loss of control and fatal crash. Reasonable precautions, including refraining from such flying, would have avoided the accident.

Court Disposition

Determination issued; deaths found to be accidental but avoidable with reasonable precautions.

Orders

  • No recommendations for criminal proceedings;
  • Recommendation for adherence to licensing and safety protocols;