The International Cessna^® 170 Association

U.S. pilot jailed after aircraft accident
By Dave Hirschman

A Wisconsin man this month became the first U.S. pilot jailed for a domestic aircraft accident after pleading guilty to negligent operation of a motor vehicle and disorderly conduct following a 2004 crash that claimed the life of his passenger.

Mark Strub, 45, was sentenced to 30 days in jail, 60 days of work release, and 1,000 hours of community service plus fines, court costs, and counseling fees.

Strub, a private pilot, was giving rides in an open-cockpit biplane at the Children’s Miracle Network Balloon Rally at Alexander Field, South Wood County Airport, and Kimberly Reed of Eau Claire, Mich., was his fourth passenger of the morning. Strub performed a series of aerobatic maneuvers and then followed the Wisconsin River at an altitude of about 50 feet agl when his airplane struck power lines. The Boeing A75 (Stearman) came to rest inverted in the river in about four feet of water.

Reed died in the crash, and Strub sustained minor injuries.

Strub told the NTSB that he had flown over the Wisconsin River many times but misjudged his location on the day of the accident. The weather was clear, and the plane had no mechanical problems at the time of the accident, according to the NTSB report.

The key here is Bill is he pleaded and was found guilty of NEGLIGENT motor vehicle operation. I doubt he was flying within the FARs.

I wonder if the passenger knew what she was getting into. I doubt it.

I still give rides. I don't negligently break the FARs when I'm doing so. I don't worry about it bacause I don't want to live under a rock scared to come out.

As was already stated, the key here was gross negligence. Don't be grossly negligent and you can still give rides.

Sad story for all involved.

I'll bet the FUZZ will nab his certificate if he was doing aerobatics. I'd almost be willing to bet he didn't have parachutes as required. Sounds as though he is one of the type that makes it difficult for everyone else.

The careless pilot giving thrill-rides is not the only way an unsuspecting passenger can be endangered. When I flew for the state of Texas, we commonly carried UT football, basketball, and volleyball teams.
Those kids parents doubtless thought their kids, while travelling on state aircraft, sponsored by University of Texas athletic dept's, were protected by all the rules and regulations protecting any other traveller utilizing public transportation or commercial/air taxi services.
Not so.
It was an unregulated, Part 91 operation, without proper supervision, directed by non-pilot/non-aviation personel. (The "director" was a bean-counter without any aviation background whatsoever, and without any understanding of aviation safety hazards. The Dir. of Ops was a former lineboy who claimed to have a private ticket but never demonstrated even a modicum of understanding of training requirements for professional pilots recurrency. The Mx Director was notoriously willing to fake ignorance of serious mx deficiencies. Aircraft were commonly flown overweight, luggage in the aisles, and without proper flight-following or dispatch. )
I was fired for "insubordination and a bad attitude" for refusing to operate aircraft overweight and with required equipment inoperative, for not falsifying training records, and for not utilizing a checklist which directly contradicted safe operating practices. (My attorney responded to their charge thusly, "Yes, Mr. Horn is insubordinate, and has a bad attitude.... about the very things his passengers would HOPE he would be!" The state attorney-generals office warned them the atty-gen would not wish to represent them if I took them to court, and advised them to settle with me. The employment commission judge also ruled against them and in my favor.)
I tell this only to point out that passengers are ignorant of such things and make many assumptions when they board an aircraft, ... and pilots have a serious legal responsibility for passenger's safety. A pilot's certificate, an aircraft, aircraft insurance, and a desire to show one's pilot skills is not sufficient qualification to support carrying the general public on joy rides, in my opinion. An ongoing recurrent training program/plan and a professional attitude towards safety is all-important and a responsibility of the pilot/owner.
AOPA also has professional liabilty insurance available to members, should one also fly for a living and wish to protect your livlihood from pleasure-flying liabilities.

For anyone contemplating charity flightseeing rides, read the following carefully:

From the 2/22/2008 AOPA_ePilot;

Here's a question asked by an AOPA member who contacted our aviation services staff through the AOPA Pilot Information Center. Test your knowledge.

Question: My child's local public school is having a charitable auction to raise money for a field trip. I'm a private pilot and would like to help by offering an airplane ride prize to the highest bidder. Would this be OK without breaking any FAA rules?

Answer: In March 2007, the FAA enacted a new regulation to Part 91 related to charitable events. In order for you to legitimately offer and conduct the flight, you must have logged at least 500 hours of total flight time. You will also need to work with your local FAA flight standards district office and provide them with information on the planned event. Forward your pilot information (copies of pilot and medical certificates and logbook showing your current flight review and recency of experience) and a signed statement listing prior events you have participated in, if any, during the current calendar year. The flight must be nonstop, begin and end at the same airport, and not exceed a 25-satute-mile radius from that airport.

Learn more in AOPA's Guide to Charitable/Nonprofit/Community Event Sightseeing Flights and the AOPA Air Safety Foundation's Charity Flying Safety Brief.