Tartan Giant
8th Jul 2003, 20:18
The Law is an Ass.
Please excuse this additional ‘post’ as it refers to a previously moved one – but I feel there is a very important issue of Aviation Law to be cleared up as related to the ANO in mainland UK.
This ‘posting’ is to share my misunderstandings, and CAA’s expertise, of how breaches of the ANO, alleged or otherwise, are investigated and dealt with in different “countries” in the UK.
Many of you will have read the initial exchanges regarding the idiot/s (the CAA could not tell me if both aircraft had in fact flown under the bridge, so I have to cover singular and plural by mentioning ‘idiot/s’) who flew UNDER the Ballachulish Bridge, in Scotland last week.
Many of you, like me, were probably under the impression that the CAA had a legal jurisdiction to immediately commence proceedings against these Spanish clowns for their obvious and blatant breach of the ANO acted out in Scotland.
In an exchange of emails the CAA mentioned to me Rule 5(1)(e) Rules of the Air Regulations and a possible endangering offence under Article 64 Air Navigation Order.
Many of you might have wondered why the CAA stood back and watched the police merely issue a “warning” to the PIC/s (?) involved and not take ANY action themselves.
The reason was, “the Authority has NO POWERS of prosecution in Scotland, Isle of Man or the Channel Islands.
As one commentator paraphrased, so I can take a Warrior to Scotland and play silly-b*g*ers and the CAA can’t touch me. Quite !
The CAA wishes to point out, “the CAA is not a prosecuting authority in Scotland, however, the Air Navigation Order and its associated Regulations apply and are enforced through the Scottish courts.
The CAA also wish to make it perfectly clear that,
“offences committed under the ANO are criminal offences wherever they may be committed where UK law is in force. The only difference between the various constituent parts of the UK is the route by which those offences are brought before the courts."
My utter dismay in these matters is founded on the fact that the CAA and the police have been so very, very lax and totally forgiving in this “criminal” act merely because it happened in Scotland and it was not a UK Licence holder.
You can imagine the grief you would have suffered had you flown your little single-engined flying machine under some bridge in England or Wales !
I have a note from the CAA saying,
“The Northern Constabulary have been asked to pass case papers to my office so that they can be forwarded to the Spanish CAA for possible action."
If the Spanish can steal and plunder our fishing grounds, take the catches back to Spain and when we complain to the Spanish and the EU, we are fined by the EU !
So this little piece of CAA news gives me little confidence anything will happen to these jokers.
That a “criminal offence” has been committed in Scotland and the culprit/s escape with a warning ties in well with this dumb, lame, and arrogant Noo Labour government in its ineptitude at letting off these B727 high-jackers Scot-Free.
On both counts, I am dismayed at the pathetic leniency.
You get collared for "speeding" but not breaching the ANO !! Tough on crime, tough on the causes of crime ?
Ref : http://news.bbc.co.uk/1/hi/scotland/3043308.stm
CAA spokesman said: "We are aware of the incident and it is being dealt with by the police."
TG
Please excuse this additional ‘post’ as it refers to a previously moved one – but I feel there is a very important issue of Aviation Law to be cleared up as related to the ANO in mainland UK.
This ‘posting’ is to share my misunderstandings, and CAA’s expertise, of how breaches of the ANO, alleged or otherwise, are investigated and dealt with in different “countries” in the UK.
Many of you will have read the initial exchanges regarding the idiot/s (the CAA could not tell me if both aircraft had in fact flown under the bridge, so I have to cover singular and plural by mentioning ‘idiot/s’) who flew UNDER the Ballachulish Bridge, in Scotland last week.
Many of you, like me, were probably under the impression that the CAA had a legal jurisdiction to immediately commence proceedings against these Spanish clowns for their obvious and blatant breach of the ANO acted out in Scotland.
In an exchange of emails the CAA mentioned to me Rule 5(1)(e) Rules of the Air Regulations and a possible endangering offence under Article 64 Air Navigation Order.
Many of you might have wondered why the CAA stood back and watched the police merely issue a “warning” to the PIC/s (?) involved and not take ANY action themselves.
The reason was, “the Authority has NO POWERS of prosecution in Scotland, Isle of Man or the Channel Islands.
As one commentator paraphrased, so I can take a Warrior to Scotland and play silly-b*g*ers and the CAA can’t touch me. Quite !
The CAA wishes to point out, “the CAA is not a prosecuting authority in Scotland, however, the Air Navigation Order and its associated Regulations apply and are enforced through the Scottish courts.
The CAA also wish to make it perfectly clear that,
“offences committed under the ANO are criminal offences wherever they may be committed where UK law is in force. The only difference between the various constituent parts of the UK is the route by which those offences are brought before the courts."
My utter dismay in these matters is founded on the fact that the CAA and the police have been so very, very lax and totally forgiving in this “criminal” act merely because it happened in Scotland and it was not a UK Licence holder.
You can imagine the grief you would have suffered had you flown your little single-engined flying machine under some bridge in England or Wales !
I have a note from the CAA saying,
“The Northern Constabulary have been asked to pass case papers to my office so that they can be forwarded to the Spanish CAA for possible action."
If the Spanish can steal and plunder our fishing grounds, take the catches back to Spain and when we complain to the Spanish and the EU, we are fined by the EU !
So this little piece of CAA news gives me little confidence anything will happen to these jokers.
That a “criminal offence” has been committed in Scotland and the culprit/s escape with a warning ties in well with this dumb, lame, and arrogant Noo Labour government in its ineptitude at letting off these B727 high-jackers Scot-Free.
On both counts, I am dismayed at the pathetic leniency.
You get collared for "speeding" but not breaching the ANO !! Tough on crime, tough on the causes of crime ?
Ref : http://news.bbc.co.uk/1/hi/scotland/3043308.stm
CAA spokesman said: "We are aware of the incident and it is being dealt with by the police."
TG