Cardiff City Football Club, whose new signing Emiliano Sala was killed in a crash into the English Channel north of Guernsey on the night of January 21, has joined with BACA The Air Charter Association in calling for “urgent action on illegal flights.” This follows considerable media attention surrounding the accident and publication of the preliminary accident report (“Special Bulletin”) by the Air Accidents Investigation Branch (AAIB) on February 25.
According to the report, David Ibbotson, who was flying the Piper Malibu from Nantes, France, to Cardiff, Wales, was not licensed to fly fee-paying passengers and the airplane itself was not registered to undertake commercial flights. Since then it has also emerged that Ibbotson was not licensed to fly at night.
The flight was paid for by former football agent Willie McKay. “This has prompted widespread calls for action by the air charter and football industries, with the backing of senior Ministers of Parliament,” said BACA.
Cardiff City Football Club stated, “We wholeheartedly back BACA…in its efforts to secure a review of illegal flights. Our club has been shocked by the sheer scale of the problem…the club has a robust flight policy, but we are putting in place additional processes to protect players and staff.
“We will be insisting that intermediaries book only commercial licensed air carriers when handling player transfers. We are hopeful that other clubs will take similar positions.”
BACA said it is “calling on the [UK] government to review the level of criminal liability and enforcement options available to authorities, including larger fines and prison time for pilots and individuals who arrange and undertake illegal flights.”
“This must be a watershed moment," said BACA CEO Dave Edwards. "We have long argued that illegal flights are harming the legal air charter industry and putting lives of the traveling public at risk. It has become so prevalent that there is circumstantial evidence to suggest illegal flights are routinely happening frequently throughout the country.
“In the case of the circumstances surrounding the Piper Malibu crash, we believe there is enough evidence available to authorities to take strong action against those involved in this flight and to propose significant recommendations for reform."
“There is an urgent need to review just how prevalent an issue ‘gray charters’ is," said Stephen Doughty, member of the UK Parliament for Cardiff South. "It seems on the surface to be a Wild West industry that is putting lives at risk every single day.”
Oversight of Air Operator Certificates lies with the UK CAA and other regulators, depending on where aircraft are registered. Meanwhile, there are other oversight mechanisms under EASA regulation in Europe (which includes the CAA at present) such as Part NCC (Non-Complex Commercial), but the aircraft in the Sala crash fell below the required level, being piston powered. At the same time, EASA cost-sharing rules have come under fire from BACA and others as being too liberal and too open to abuse. EASA has yet to comment on whether the whole area needs a thorough regulatory review. The UK AAIB is expected to release its final report into the accident later this year.