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Old 14th Apr 2002, 14:14
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M14P
 
Join Date: Apr 2001
Location: London UK
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Presumed Guilty!

Something has been playing on my mind for the last few weeks - in fact, ever since I received a phone call from the CAA Enforcement Division accusing me of low flying. I thought that I might share it with fellow Ppruners:

The call was brusque and information was being requested as to who was flying our group aircraft on a particular day etc etc. I was informed that a member of the public had 'seen that aircraft low flying over his property'.

I confirmed that I had flown twice that day so I was quite possibly the PIC but I assured the caller that I was never in contraventon of Rule 5 at any point in the flight. The man from the Ministry then informed me that the accusation was that I had been performing aerobatics below 200 feet over this chaps house.

I was mortified - sure I do fly aerobatics - but I would class myself as particularly aware of built up areas and also very against low level aeros. Then I set about thinking how ridiculous all of this sounded (I even thought that it might be a wind-up!). 200 feet is REALLY low and also difficult to judge I'd wager.

The net result was that I felt that I was presumed guilty and that my professional judgment was never even considered to be worthwhile. The CAA chap said that he was not pressing charges but was within his rights to do so since there were four witnesses (but not 4 separate complaints oddly enough!). I can understand that the CAA must show the world that it takes complaints seriously and I can understand residents who get fed up with aircraft noise. I cannot understand how the CAA accepted - without a qubble - the statment from a member of the public and then forges ahead with heavy-handed phone calls.

I felt awful; it felt like a real slight on my character and skills and judgement as a pilot. Surely even pilots must be granted that basic tenet of British Law "Innocent Until Proven Guilty"?

Has anybody else been in this situation?
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