SOUTH SURREY - The parents of Lauren Sewell and Dallas Smith - a young couple that died in a small plane crash outside Peachland last August - are
pushing for reform to numerous private airplane regulations in hopes
that they will prevent similar accidents in the future.
Greg and Fran Sewell, along with Pamela Smith, hosted a press
conference at the Hazelmere Golf & Tennis Club on Thursday to
express their concerns following the release of an investigative report
by the Transportation Safety Board (TSB) of Canada that outlined the
circumstances of the accident.
They were joined by Debora and Al Nortman, a Vancouver couple whose
24-year-old son Joel died in a similar plane crash near Harrison Lake on
July 5, 2011.
"When you read the TSB report, it really brings home how a few simple
adjustments could have saved their lives," said Fran Sewell.
The parents of Lauren, Dallas and Joel are calling on Transport Canada -
the federal authority that oversees pilot and airplane licensing across
the country - to make shoulder restraints mandatory on all private
aircraft, create a graduated licensing program for new pilots before
they are allowed to carry passengers, and develop certification for
flying in mountainous terrain conditions.
Numerous factors attributed to the crash - including reduced engine
performance, uneven weight distribution, low altitude and pilot
inexperience - but the Sewell's believe that Lauren, 24, and Dallas, 30,
could have survived the crash if the 48-year-old PA-30 Twin Comanche
was fitted with shoulder restraints, rather than the bare minimum of
lap-belts.
The TSB report notes that Piper Aircraft Corp., the plane's
manufacturer, issued a service bulletin on Jan. 18, 1995, advising plane
owners of various models of retro-fit shoulder harness kits.
"In their bulletin, Piper clearly stated that they considered such
retrofitting to be compliance mandatory," said Greg, adding that the
owners of the plane relied on a grandfathering provision that allows
aircraft manufactured before Dec. 12, 1986, to be flown with only
lap-belts.
"We find the allowance of grandfathering clauses pertaining to the waiving of should restraints unacceptable."
Greg added that in the event that installing shoulder restraints is
impractical, Transport Canada should require occupants of aircraft with
only lap-belts to wear approved safety helmets, and that adequate
signage be placed on the plane's doors to notify passengers.
The five parents are also asking B.C.'s Ministry of Justice to amend
the province's Family Compensation Act, which oversees monetary
compensation in cases of wrongful death.
"Under this law, grief is not an allowable basis on which to claim
recovery for the loss of a family member, and compensation is limited to
the reimbursement of 'reasonable funeral expenses,'" said Greg. "In
order to potentially recover funeral costs, a grieving parent must take
legal action against the wrongdoer, which normally would involve
engaging the services of a lawyer."
Greg said he has sought legal counsel on the matter and learned that
most lawsuits of this nature rarely go to trial as insurance companies
typically propose a settlement based on reasonable funeral costs. He
went on to say that if the plaintiff refuses settlement, pursues trial
and wins, the judge is limited by the Family Compensation Act to award
only enough money to cover funeral expenses.
At that point, the defendant's lawyers can argue that the plaintiff was
offered the same amount as a settlement and that trial and associated
defence costs could have been avoided, leaving the judge to rule that
the plaintiff is responsible for covering the defence's legal costs.
"These efforts to achieve reformation to this Act would not benefit us
as legislation would not be retroactive, but they will help others in
the future," said Greg.
"Our life is forever changed," added Fran. "We have two older daughters
who miss their sister. We miss Lauren every single day."
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Piper PA-30 Twin Comanche, C-GLGJ