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Companies sentenced to compensate 1.43 million yuan for illegal flight killing two
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  • //english.dbw.cn  2016-12-15 11:08:48
     

    The civil aircraft pilot license of Zhao Xinyu, the passenger who was killed in a plane crash during an illegal flight in May last year. [File photo: The Beijing News]

    Two Chinese aircraft companies have been ordered to pay compensation of over 1.43 million yuan (around 207,000 US dollars) for the illegal using of aircraft causing the deaths of two people, reports the Beijing News.

    A small plane crashed in Suixi county, Anhui province shortly after taking off on May 3 last year. Two people on board, American pilot called Jason and Chinese passenger Zhao Xinyu, also a pilot, died in the accident.

    Investigation by the regional civil aviation administration shows that the crashed plane lacked an airworthiness certificate, a nationality registration certificate, and a license for aircraft radio stations, and the flight wasn't reported to military or civil aviation administrations. The investigation concluded that it was a general aviation accident caused by illegal use of aircraft.

    Zhao's family sued two companies involved in the accident and their actual controller Chen Wei last month in a court in Beijing, and demanded compensation of 1.82 million yuan including 200,000 yuan for emotional damages to the family.

    The two companies are Beijing George Heintz Aviation Equipment Company, which assembled the plane and owned it, and Henan George Heintz Aircraft Manufacture Company, which took charge of the flight.

    The three defendants had no objection with the facts of the accident, but said the Henan company had nothing to do with the crash. They also said that Zhao also had responsibility because he participated in the flight when he knew that it was illegal, therefore the responsibility of the defendants should be reduced.

    The court heard that Zhao had a Chinese civil aircraft pilot license, but the American piloting the plane when it crashed didn't have one, or an equivalent certificate issued by the Chinese civil aviation authority.

    It decided Tuesday afternoon that both companies shall be subject to the tort liability for the illegal flight. For Chen Wei, as his role in this case was work duty, the tort liability shall be assumed by the companies, according to the verdict.

    The court decided that the two companies must pay compensation of over 1.43 million yuan to Zhao's family, including 100,000 yuan for emotional damages.

    Zhang Qihuai, an expert on aviation law, said although the judgment is made according to China's Tort Law and Civil Aviation Law, it lacks effective punishing measures to solve the illegal flight problem.

    He said that the court decision should give legal and administrative advice against illegal flights. The healthy development of the aviation market can only be protected by strict punishment to persons liable, said Zhang.

    Zhang said that in similar cases in other countries, the court may demand compensation of a very large amount of money as punishment. However, in this case, Chen Wei, the actual controller of the two companies, doesn't need to bear civil liability.

    Chen has been called "mad man of illegal flights" by the media and it's been reported he's been fined previously for personal illegal flights. However, the cost was too small to stop the illegal flights, said Zhang.

    Zhao Lansheng, father of Zhao Xinyu, mourns his son on the spot where the plane his son was riding in crashed, March 1, 2016 photo. [File photo: The Beijing News]

    Author:    Source:CRI    Editor:Yang Fan

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