In an interesting parallel to the case in South Africa, a similar battle is brewing in the US with the FAA.
US operator details objections to FAA.
Waterfront helicopter takes flak in court
February 13 2004 at 10:19AM
By Karyn Maughan - Cape Argus
It survived the Vietnam war, but one V&A Waterfront-based Huey helicopter might find its rotors clipped following an urgent application in the Cape High Court on Thursday.
The Waterfront sought an order stopping Helicopter and Marine Services and the Huey Extreme Club from flying an allegedly "unairworthy" ex-military helicopter from its helipad, as "each time the Huey flies it's in contravention of the grounding order", the popular tourist destination was "at serious risk".
The helicopter was grounded by the South African Civil Aviation Authority (CAA) on January 7, but continued to fly until January 17, when it made a forced landing in the Cape Town flying area and allegedly had to be towed to its hangar for repairs. It was used for flights again - in alleged contravention of the grounding order - on January 29.
It emerged in court on Thursday that the Huey, registered as ZU-CVC-B205, was constructed from four helicopters which had served in the United States, Israeli and Ethiopian air forces and which had been sold to a South African businessman.
It was used for flights again
"We hope that this helicopter does not suffer, like many other Vietnam vets, from post-traumatic stress syndrome or feel the effects of a few whiffs of Agent Orange," said Cedric Puckrin, advocate for the CAA.
Although cited as a respondent in the case, the CAA says it supports the Waterfront's efforts to enforce the grounding of the Huey.
The authority is also currently engaged in a safety audit of the helicopter and is sourcing information from Taiwan and Italy.
Puckrin - assisted by junior counsel Gordon Aber and Guy Elliott - pointed out that military aircraft were held to less rigid safety standards than their commercial counterparts.
Puckrin also referred to a letter written by Bell, in which the helicopter's manufacturer stated many changes had been made to its military-use helicopters without its knowledge or approval. Bell said it was therefore unable to take responsibility for their continuing airworthiness.
The CAA says it supports the Waterfront's efforts
In response to charges that it had failed to keep proper and appropriate records of its helicopter's parts, the Huey Extreme Club - represented by Peter Hodes - claims it is not a commercial venture and therefore has no obligation to comply with commercial flying regulations.
It described the helicopter's condition as "exemplary" and said it had "an impeccable safety record".
It also denied that it flew over the Waterfront.
In an affidavit before the court, the Club said its "sole source of income" came from its "membership fees" - adding that the grounding of its helicopter would remove the incentive for "day members" to join. Such "day members", it emerged, would pay a R750 "joining fee" and thereafter enjoy a "free" introductory flight.
"This is what one would describe as a 'foefie'," said Puckrin - describing the Club's self-proclaimed club status as a "stratagem" intended to prevent it from complying with commercial flight safety regulations.
The case before Mr Justice Jock Comrie continues.
US operator objections.