PLT; AND LIEN HOLDER OF AN SMA SEL REPOSSESSED THE ACFT BY FLYING IT AWAY WITHOUT ANY OF THE LEGAL REQUIRED DOCUMENTS; IE; AIRWORTHINESS; REGISTRATION; WT AND BAL; OR OPERATING LIMITATIONS ABOARD THE ACFT.
Synopsis
PLT; AND LIEN HOLDER OF AN SMA SEL REPOSSESSED THE ACFT BY FLYING IT AWAY WITHOUT ANY OF THE LEGAL REQUIRED DOCUMENTS; IE; AIRWORTHINESS; REGISTRATION; WT AND BAL; OR OPERATING LIMITATIONS ABOARD THE ACFT.
Narrative
I FLEW AN ACFT WITHOUT THE PROPER DOCUMENTATION ON BOARD (NAMELY -- NO AIRWORTHINESS OR REGISTRATION CERTIFICATES; FCC RADIO STATION LICENSE; OPERATING LIMITATION DOCUMENTS (POH) OR WT AND BAL DOCUMENTS ON BOARD). CAUSE: REPOSSESSION OF ACFT; A PA28-140; OF WHICH I AM THE SECURED PARTY. SINCE 1991; I HAVE BEEN THE LIENHOLDER TO AN OWNER. OVER THE PAST (5) YRS; HE HAS FAILED TO PAY ME WHAT WAS OWED IN A SECURITY AGREEMENT AND CHATTEL MORTGAGE (BOTH LEGALLY AND FORMALLY FILED WITH THE FAA IN OKC). TO MAKE A LONG STORY SHORT; I HAVE HAD LEGAL RIGHT TO REPOSSESS THIS ACFT; BUT MR. X HAS BEEN EVADING MY ATTEMPTS TO RECOVER DAMAGES (HE FLEW THE ACFT AWAY DURING COURT ACTION IN TEXAS IN 1994; AND HAS HID THE ACFT EVER SINCE). UP UNTIL THE REPOSSESSION DATE; I HAD BEEN UNABLE TO LOCATE THE ACFT; ONCE I 'STUMBLED' ONTO IT AT CRQ; I QUICKLY MADE ARRANGEMENTS TO FLY IT TO A SAFE PLACE; AND OBTAIN CLOSURE WITH MR X. BECAUSE I WAS IN SUCH A HURRY TO REPOSSESS THE ACFT; I DID NOT NOTICE (UNTIL THOROUGH INVESTIGATION DURING DAYLIGHT HRS AT A SECURE LOCATION) THAT THE DOCUMENTS WERE NOT ON BOARD (I'M SURE MR. X PURPOSELY REMOVED THEM TO DETER ANY ACTION AGAINST HIM). CONTRIBUTING FACTORS: EXPEDITIOUS NATURE OF THE FLT (REPOSSESSION ACTION). DESIRE TO SECURE THE ACFT; PRECLUDING FURTHER EVASION ACTIONS BY MR. X AND EMOTIONAL DESIRE TO BRING MR. X TO SOME JUSTICE; FINALLY (THIS GUY HAS WRITTEN BAD CHKS; AND RIPPED OFF NUMEROUS PEOPLE WHO WORK HARD FOR THEIR MONEY -- AND HE HASN'T BEEN PROSECUTED YET!). CORRECTIVE ACTIONS: THE BEST RESOLUTION IS TO STICK TO A STANDARD PREFLT PROC; REGARDLESS OF THE CIRCUMSTANCES. IF SHORT-CUTS ARE TAKEN IN PREFLT ACTIONS DUE TO SPECIAL CIRCUMSTANCES (IN THIS CASE; THE DESIRE TO RESOLVE A MONETARY BUSINESS DISPUTE); UNSAFE FLYING IS THE RESULT. IN MY CASE; THE FLT MAY HAVE BEEN IN AN UNAIRWORTHY AIRPLANE; WHICH COULD HAVE VIOLATED FAR 91.7 (OPERATING AN ACFT IN AN UNAIRWORTHY CONDITION) AND FAR 91.409 (INSPECTIONS -- ANNUAL); FAR 91.13 (CARELESS OR RECKLESS OP) AND FAR 91.203 (CIVIL ACFT: CERTIFICATIONS REQUIRED). EVEN THOUGH THE FLT ENDED SAFELY; I JEOPARDIZED MY SAFETY AND THE SAFETY OF PERSONS AND PROPERTY ALONG MY FLT PATH. I PERSONALLY WILL HAVE MORE DISCIPLINE IN FUTURE TEMPTING SITS TO RESIST IMPULSES CAUSED BY EMOTION -- ESPECIALLY WHEN THOSE IMPULSES ENDANGER PERSONS AND/OR PROPERTY OF OTHERS; MY PERSONAL SAFETY; AND MY CAREER. ALWAYS THINK BEFORE YOU ACT!
Source: NASA Aviation Safety Reporting System (public domain). Reports are voluntary submissions and are not verified by NASA.