Well done and thank you tailplane.
In order to help the Moderator I have regurgitated the expert advice which appeared in R&N and which was delivered by a part of Fixed n' Rotor
(I don't intend to raise Moderator's hackles any further because it sounds to me that plane spotting in Trinidad could be more interesting than here - drier and warmer anyway).
IF YOU HAVE AN "INCIDENT" WHERE YOU THINK YOU MIGHT BE INVESTIGATED BY THE CAA:
1. Make a full note at the time, or as soon as practicable afterwards.
If you make a note while details are still fresh in your mind, you will be allowed to use that note to help you if you are asked for an explanation or have to give evidence - possibly many months later.
2. Ask your witnesses to do the same thing, for the same reason and to give you a copy.
3. Take your witnesses' contact details at the time. Don't rely upon finding them again months later.
IF YOU ARE INTERVIEWED BY A CAA INVESTIGATOR:
1. Prepare thoroughly in advance. Try to anticipate the questions you will be asked.
2. It is usually a good idea to prepare a written statement to produce to the investigator at the interview, but do NOT do that unless you have checked it with a lawyer first.
3. Be extremely careful what you say at the interview.
The CAA will consider what you say when deciding whether there is enough evidence to prosecute you. If you are prosecuted, the interview notes will be read out in court. It can be difficult to explain why you want to change what you said in the interview.
4. Do not guess.
If you are not certain about something, say so. Make it clear that you are not sure and that you need to think about it further.
5. Do not fall for "I'm sure we can clear this up quite quickly" / "I'm sure this won't come to anything - just tell me what happened."
CAA investigators are ex-policemen who know how to lull you into a false sense of security. If they say "it will probably just be a small fine if you plead Guilty" remember that they have no control over the penalty. Think of the possible consequences to your job/next job application/insurance - as well as licensing action by the CAA. (You may have to plead Guilty in due course - but take advice first.)
6. Read the Investigator's record of interview very carefully before signing it.
Make sure that the note records exactly what you (and he) said. If it doesn't, make sure that is recorded, and add a correction. Check carefully that nothing has been accidentally omitted. If you have expressed something badly, add a correction now. Take your time and sign the record only when you are completely satisfied that it is accurate. This may seem obvious, but many people find themselves in difficulty later by just scanning the record. By signing, you are accepting that the record is a full and accurate account of what was said. Make sure that it is!
7. If you are asked to mark a chart or plan, make sure that the investigator clearly records that your markings are only approximate.
8. If you are to be interviewed by the CAA, it is usually better to take legal advice sooner rather than later.
(If you think I'm just trying to help my solicitor friends here, ignore my advice.)
IF YOU ARE PROSECUTED
Although every defendant is innocent until proved Guilty, pilots prosecuted by the CAA start off at a disadvantage because most non-aviators will presume that the CAA must be right because the CAA regulates aviation. This presumption can be overcome, but you will need a specialist defence team to do so.
Most CAA prosecutions are in the Magistrates Court where the likelihood of being acquitted is not very high. (You may have a right to elect for trial by a jury in the Crown Court, but that is more expensive, and pilots are not usually eligible for Legal Aid.)
1. Use specialist aviation solicitors.
They are used to dealing with the CAA, know how the sytem works, and are often able to negotiate to avoid a prosecution.
2. If you are prosecuted, you should insist that the solicitor or barrister who will represent you IN COURT is a pilot, as well as an aviation law specialist.
CAA experts have impressive CV's, but they often seem to forget what flying in the real world is really like the moment they join "the Authority". If the solicitor or barrister who represents you IN COURT is also a pilot who understands the aviation world, your chances of being acquitted, or at least of achieving a lenient penalty, will be much better. (See the Studland Bay case)
This is important, even if you are pleading Guilty, because the CAA usually honours the Court's view of the case. If the Court does not take a serious view of the offence, the CAA does not often take licensing action against the pilot.
My earlier contribution under Fn'R was, as most people realised, a bit of fun - except for the strictly legal parts. These suggestions are made seriously. I hope no ppruners will ever have occasion to need them.
[This message was edited by FIXED N' ROTOR (edited 15 April 2000).]
Thank you F 'n R (if you have any more gems please post in this Forum) and take note you helicopter pilots they may be useful one day - ANOrak.