THIS DOESN'T SOUND RIGHT TO ME
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THIS DOESN'T SOUND RIGHT TO ME
A grazier Bloke I know, flies a drifter ultralight on his property to spot his cattle and check the waters. About a month ago he helped the local rodeo/campdraft committee (of which he is a member) prepare for the local town's (population under 20) annual rodeo and campdraft event by spotting in his drifter the campdraft cattle for the committee members mustering on the ground on horses and motorbikes.
Soon after the cattle were yarded and everyone was about to head home, the local Plod, (who is not at all popular in this tiny community) approached and took great interest in the drifter.
Yesterday he received a summons in the mail! He is accused of:
-Flying an aircraft without a licence
-Flying an unregistered aircraft
-Flying an aircraft without an airworthiness certificate
-Flying an aircraft without a maintenance release
A couple of us have had a pretty hard look and the CAO's and CAR's and reckon these charges would only apply to someone flying a VH registered aircraft.
Would anyone who has a more intimate knowledge of the regulations care to comment.
Soon after the cattle were yarded and everyone was about to head home, the local Plod, (who is not at all popular in this tiny community) approached and took great interest in the drifter.
Yesterday he received a summons in the mail! He is accused of:
-Flying an aircraft without a licence
-Flying an unregistered aircraft
-Flying an aircraft without an airworthiness certificate
-Flying an aircraft without a maintenance release
A couple of us have had a pretty hard look and the CAO's and CAR's and reckon these charges would only apply to someone flying a VH registered aircraft.
Would anyone who has a more intimate knowledge of the regulations care to comment.
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If he is licenced by the RAA along with his drifter, he shouldn`t have a problem. If he was just some cowboy who built his own aircraft and flew it willy nilly unlicenced, i think he would be a little strife.
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The charges on the summons could be leading towards the mustering or spotting angle.
As mustering and spotting are activities generally considered by CASA to come under Aerial Work.
Therefore, in order to conduct Aerial Work, one needs:
A Licence, C of R, C of A and MR.
In any case, ol' mate could be in deep KaKa.
As mustering and spotting are activities generally considered by CASA to come under Aerial Work.
Therefore, in order to conduct Aerial Work, one needs:
A Licence, C of R, C of A and MR.
In any case, ol' mate could be in deep KaKa.
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Originally Posted by Rich-Fine-Green
The charges on the summons could be leading towards the mustering or spotting angle.
As mustering and spotting are activities generally considered by CASA to come under Aerial Work.
Therefore, in order to conduct Aerial Work, one needs:
A Licence, C of R, C of A and MR.
In any case, ol' mate could be in deep KaKa.
As mustering and spotting are activities generally considered by CASA to come under Aerial Work.
Therefore, in order to conduct Aerial Work, one needs:
A Licence, C of R, C of A and MR.
In any case, ol' mate could be in deep KaKa.
If he doesnt have a licence, RAA or CASA, then he is certainly is in deeeep Ka Ka.
Straight from the Civil Aviation Act:
20AA Flying unregistered aircraft etc.
Flying an unregistered aircraft
(1) A person must not fly an aircraft within Australian territory if:
(a) the aircraft is not registered under the regulations; and
(b) the aircraft is, under this Act or those regulations, required to be
registered under those regulations.
Penalty: Imprisonment for 2 years
(b) the aircraft is, under this Act or those regulations, required to be
registered under those regulations.
Penalty: Imprisonment for 2 years
Flying without a certificate of airworthiness
(3) An owner, operator, hirer (other than the Crown) or pilot of an Australian
aircraft must not commence a flight in the aircraft, or permit a flight in
the aircraft to commence, if:
(a) there is no certificate of airworthiness under the regulations in force
in respect of the aircraft; and
(b) the regulations do not authorise the flight without the certificate.
Penalty: Imprisonment for 2 years.
aircraft must not commence a flight in the aircraft, or permit a flight in
the aircraft to commence, if:
(a) there is no certificate of airworthiness under the regulations in force
in respect of the aircraft; and
(b) the regulations do not authorise the flight without the certificate.
Penalty: Imprisonment for 2 years.
20AB Flying aircraft without licence etc.
(1) A person must not perform any duty that is essential to the operation of
an Australian aircraft during flight time unless:
(a) the person holds a civil aviation authorisation that is in force and
authorises the person to perform that duty; or
(b) the person is authorised by or under the regulations to perform that
duty without the civil aviation authorisation concerned.
Penalty: Imprisonment for 2 years.
an Australian aircraft during flight time unless:
(a) the person holds a civil aviation authorisation that is in force and
authorises the person to perform that duty; or
(b) the person is authorised by or under the regulations to perform that
duty without the civil aviation authorisation concerned.
Penalty: Imprisonment for 2 years.
(2) A person must not carry out maintenance on:
(a) an Australian aircraft; or
(b) an aeronautical product in Australian territory; or
(c) an aeronautical product for an Australian aircraft;
if the person is not permitted by or under the regulations to carry out that
maintenance.
Penalty: Imprisonment for 2 years.
(a) an Australian aircraft; or
(b) an aeronautical product in Australian territory; or
(c) an aeronautical product for an Australian aircraft;
if the person is not permitted by or under the regulations to carry out that
maintenance.
Penalty: Imprisonment for 2 years.
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Well f... me.. 2 years imprisonment?? A tad harsh I suspect. Although I suppose they have to take into account someone taking a 10 seater and flying full of pax without a licence..
That's what a magistrate is for I guess. To decide on the severity of an offence committed. Long live subjectivity in the courts!
That's what a magistrate is for I guess. To decide on the severity of an offence committed. Long live subjectivity in the courts!
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Originally Posted by Pass-A-Frozo
Well f... me.. 2 years imprisonment?? A tad harsh I suspect. Although I suppose they have to take into account someone taking a 10 seater and flying full of pax without a licence..
That's what a magistrate is for I guess. To decide on the severity of an offence committed. Long live subjectivity in the courts!
That's what a magistrate is for I guess. To decide on the severity of an offence committed. Long live subjectivity in the courts!
I spoke to a CASA guy a while back who is in the know about these sorts of things and he reckons the only thing the judge can do is suspend the sentence or reduce its length... either way if your found guilty its jail. He could be wrong though.
STOP PRESS
Please note, that a summons NEVER comes in the mail.
It's ALWAYS delivered by an officer of the law. ie. Policeman.
Therefore, this MYTH is BUSTED.
PS: If he was unregistered and unlicenced, he's DEFINITELY up for 2 years, possibly with a reduction or suspension, depending on the magistrate; however if he did some low flying etc and the public were near by, expect dire consequences. It makes a mockery of those of us that do go to expense of doing the right thing.
SQUAWK
Edited to change "broken" to "busted"
It's ALWAYS delivered by an officer of the law. ie. Policeman.
Therefore, this MYTH is BUSTED.
PS: If he was unregistered and unlicenced, he's DEFINITELY up for 2 years, possibly with a reduction or suspension, depending on the magistrate; however if he did some low flying etc and the public were near by, expect dire consequences. It makes a mockery of those of us that do go to expense of doing the right thing.
SQUAWK
Edited to change "broken" to "busted"
Last edited by Squawk7700; 31st Jul 2006 at 12:22.
The trouble is that it doesn't matter if the aircraft is GA or UL "type." It's still unlicenced and or unregistered, therefore the same penalties apply. The only point that probably doesn't apply is the maintenance release point mentioned in the first post. If it is true, he may as well have been flying an unregistered Cessna 208b Grand Caravan with 12 POB... it's the same "crime."
The law is there to protect the public and people not having a licence or registation makes it pointless for everyone else.
The law is there to protect the public and people not having a licence or registation makes it pointless for everyone else.
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Originally Posted by Squawk7700
Please note, that a summons NEVER comes in the mail.
It's ALWAYS delivered by an officer of the law. ie. Policeman.
Therefore, this MYTH is BUSTED.
It's ALWAYS delivered by an officer of the law. ie. Policeman.
Therefore, this MYTH is BUSTED.
This is supposedly a very small town, maybe the local cop is also the postmaster
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So it's the same crime to fly an ultralight in the pilbarra where no-one is, as it is to fly a A380 with 600 people on board??
So it's the same to shoot a gun in your backyard as it is to shoot a gun at the Sydney foreshore on New Years eve??
glad you're not a Magistrate!
So it's the same to shoot a gun in your backyard as it is to shoot a gun at the Sydney foreshore on New Years eve??
glad you're not a Magistrate!
Originally Posted by Pass-A-Frozo
So it's the same crime to fly an ultralight in the pilbarra where no-one is, as it is to fly a A380 with 600 people on board??
So it's the same to shoot a gun in your backyard as it is to shoot a gun at the Sydney foreshore on New Years eve??
glad you're not a Magistrate!
So it's the same to shoot a gun in your backyard as it is to shoot a gun at the Sydney foreshore on New Years eve??
glad you're not a Magistrate!
It's like saying, it's less of a crime to murder a bum on the street than it is to murder the Prime Minister. In theory, the pentaly is the same for both (murder). So yes, it's the same crime.
Negligence is another issue if something DID actually go wrong.
Yowie - yes... there would need to be some kind of investigation and information gathering, however the author did suggest that there was a month's gap between the incident and the alleged "mailing" of the summons; so it is possible I guess.