Frank had a company, named Foxtrot-Whiskey Air Ltd which is registered in the UK. His company holds AOC (Air Operator’s Certificate) and their charter drive in various destinations. On the other hand, his company’s aircraft carry insurance and had the Certificates of Airworthiness. In the Air Navigation Order 2009, article 20 says about the airworthiness of an aircraft,(1) ‘’Subject to and in accordance with article 14(1) of the Basic EASA Regulation, the CAA may direct that an EASA aircraft must not fly until one of the following has been completed to the satisfaction of the CAA -
(a) Maintenance of the aircraft or of any equipment necessary for the airworthiness of the aircraft which has been made mandatory by a directive issued by the CAA;
(b) An inspection for the purpose of ascertaining whether the aircraft remains airworthy which has been made mandatory by a directive issued by the CAA; or
(c) Any modification of the aircraft or of any equipment which is necessary for the airworthiness of the aircraft and has been made mandatory by a directive issued by the CAA for the purpose of ensuring that the aircraft remains airworthy.’’1
An affluent businessmen Carl hired a warrior aircraft to fly from Luton to Scotland. Carl had fly in controlled airspace. Controlled is an airspace which defined magnitudes within air traffic control facility is provided in accordance with the airspace categorization and covers air traffic services. Airspace Classes A, B, C, D and E as described in The Rules of the Air Regulations2. However, in the regulations it also mentioned that an aircraft always have to fly according to the Visual Flight Rules (VFR) or Instrument Flight Rules (IFR)3. In the control zone rules Luton is in under Class D air space. In the Rule of the Air (RotA), it is mentioned that if the air space is in Class D then it needs to follow Visual Flying Rule (VFR). The VFR flight is allowed to be at or below 3000 ft amsl at a speed of 140 kt or less,