PPRuNe Forums - View Single Post - Can a passenger operate the aircraft controls
Old 19th Dec 2016, 15:27
  #3 (permalink)  
noflynomore
 
Join Date: Oct 2016
Location: UK
Posts: 455
Likes: 0
Received 0 Likes on 0 Posts
All sounds thoroughly unreasonable. How/why does a court see fit to impose such an unnecessary and unfair restriction? I am surprised this is within a court's remit as there is nothing illegal or contentious in flying training. Religious instruction I can see being objected to under some circumstances, but flying???

Why the driving licence clause? Is this included for any other activity he may do with the kids? The whole thing is as arbitary and vindictive as requiring him to produce all his car docs before taking them for a drive, and unless he had some sort of history in driving/flying with incorrect paperwork I am astonished that a court would make such a wild sweeping restriction. If he is allowed to drive them in a car without this level of supervision it hardly seems reasonable to apply it to any legal activity in an aeroplane.

as to the questions my non legal feeling would be
a) of course they can, if he's not formally instructing but the court (wifey most certainly) might not see that as being within the spirit of the restriction.

b & c) “Authorised person” means—
(a) any constable;
(b) in any article other than article 259, any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases; and
(c) in article 259, any person authorised by the Secretary of State (whether by name, or by class or description) either generally or in relation to a particular case or class of cases;
ANO, CAA UK 2016

Bear in mind that the above refers to persons to whom you are legally obliged to show these documents on demand.
You need to show your licence if you plan to hire a car or plane. They can't demand to see it, but part of the deal of hiring the car/plane is showing it voluntarily. No see, no hire. No compulsion.

Not that any constable would have a clue what to ask for or know what it meant if he did.
Article 259 appears to refer to operations of overseas registered aircraft and operations of registered aircraft overseas - does not seem to apply here.

Last edited by noflynomore; 19th Dec 2016 at 16:08.
noflynomore is offline