i do not know whether this might still interest somebody.
hohenems
gear was down and flaps still engaged when plan crashed.
no evidence of health issues.
no evidence that autopilot was engaged.
pilot was aware that he was going out 05 (and not 23).
information from 4 experienced professional air traffic people, 2 thirty year long austrian airlines pilots, 2 instructors in austria:
ifr takeoff only with ifr takeoff clearance.
ifr takeoff only from ifr approved airports.
ifr takeoff from vfr airport (not known. never heard off).
answer to the question wether it might be “somehow legal” to takeoff vfr and then go ifr at some point
or something like that: unclear.
to what extent is aip legally binding (in austria)?
cpt_om_sky wrote:
this is a verdict of the austrian bundesverwaltungsgericht (federal court of administration). 9.5.2018last sentence is of part two of the verdict: 1. is feststellungen (findings) 2. beweiswürdigung (evidence assessment) 2.3.:
……
Beim Luftfahrthandbuch handelt es sich um ein von der Austro Control GmbH im Auftrag der obersten Zivilluftfahrtbehörde herausgegebenes Handbuch. In diesem Luftfahrthandbuch sind, untergliedert in verschiedene Themenbereiche und Kapitel, die in der Luftfahrt einzuhaltenden Bestimmungen enthalten.
the aip is a handbook published by austro control gmbh by order of the “highest civil aviation authority”.
in this aip are icluded the regulations (subdevided by themes and chapters) for aviation that have to be complied with.Gericht
Bundesverwaltungsgericht
Dokumenttyp
Entscheidungstext
Entscheidungsart
Erkenntnis
Geschäftszahl
W249 2169178-1
Entscheidungsdatum
09.05.2018
A load of OT posts again moved to the OT thread. I am busy so don’t have time to find other threads to put them in.
BTW, posting links to PDFs is generally a waste of time; they go dead very fast. If under 1MB or so, upload it here. Then your post will actually be useful to somebody in the future 
pilot was aware that he was going out 05 (and not 23).
How do you know this? And even if he was aware of taking off from 05 that doesn’t prove he wasn’t mentally in 23 departure and deliberate turn to the right.
at loih he needed permission to take off before 0900hours lt due to local flight restrictions. he took off at about 0750hours lt.
permission was granted to takeoff 05.
all other so far best supported indications point at a “hunch” that this was not a deliberate turn to the right
but a loss of orientation. (for example: gear out and flaps not retrieved when the plane crashed.)
but a loss of orientation
Obviously it wasn’t loss of control but loss of orientation. Which actually supports what I’ve been writing from the very beginning. He controlled the aircraft but he took wrong turn to the right because he forgot (call it however you want) that he took off from 05.
We will most probably never know what happened – but if it roars like a bear, smells like a bear, looks like a bear …
Exactly – most probably it was CFIT and that usually happens due to either loss of orientation or overload or both.
so why was the gear down and flaps not retrieved when the plan crashed
when he did a ( seemingly somehow) controlled climbing ?
there was no overload. the reason the pilot flew to edja was to pick up passengers there
at the longer runway to avoid overload at the shorter runway in loih.
When I first looked at the FR24 replay my intuition was loss of power (maybe partially). The airspeed decreased and so did the climb rate. Just wild guessing of course.
the flight time was not 2 to 3 minutes.
crashsite is is aproxx. 2200 meter from the runway.
indicates a flight time of about 55 to 75 seconds or so.
he was imc (probably lost orientation).
he knew there would be clear skies above just in a few minutes time.
a professional austrian airlines instructor told me,
that they experience some kind of “tunnel perception”
also with experienced professional pilots put to emergency situations
with very little time to react in the simulator.
so he might have lost orientation and was in “his tunnel”
just to climb above the fog.
not thinking of flaps or gear. nor looking at his heading (artificial horizon etc.) (but this would be most difficult for me to understand).
this is also a wild guess.
it may well end up in people thinking that what this guy did was something they can try at home.
What he did wasn’t any more dangerous than a departure in say OVC002/10km. At 200ft you are in IMC and have to make the right turns. This guy got airborne OK but made the wrong turn(s).
There is no way to safeguard against this, other than to try to be really clear about where you are and which way you will be going after takeoff. I reckon he didn’t program the route into the GPS…
