Facts
On January 22, 1977, a helicopter pilot, K., carried out a mountain flight, outside of ordinary routes, and had to make an emergency landing due to a navigation error and poor evaluation of weather conditions. The two passengers on board suffered minor injuries. The pilot was accused of disrupting air traffic and was fined.
The facts took place in the canton of Berne, and the case was brought before the SCC after the pilot appealed the decision of the cantonal court. The SCC examined the question of whether the pilot could be held liable for disrupting air traffic, even though he was flying outside of ordinary routes and the passengers were known individuals.
Considerations
The SCC considered that the helicopter pilot could be held liable for disrupting air traffic, even though he was flying outside of ordinary routes. The Court estimated that the concept of 'public traffic' encompasses not only roads and thoroughfares, but also open airspaces.
The Court also considered that the passengers on board the helicopter were protected by law, regardless of their relationship with the pilot. The Court estimated that the pilot had committed a fault by not respecting safety rules and putting the lives of the passengers in danger.
The Court concluded that the pilot was guilty of…