Go Back  PPRuNe Forums > PPRuNe Worldwide > The Pacific: General Aviation & Questions
Reload this Page >

Reckless flying charge for pilot who ditched ultra-light plane in Bass Strait

Wikiposts
Search
The Pacific: General Aviation & Questions The place for students, instructors and charter guys in Oz, NZ and the rest of Oceania.

Reckless flying charge for pilot who ditched ultra-light plane in Bass Strait

Thread Tools
 
Search this Thread
 
Old 9th Dec 2015, 08:23
  #21 (permalink)  
 
Join Date: Apr 2002
Location: Oz
Posts: 331
Likes: 0
Received 0 Likes on 0 Posts
Lead Ballon

If the cut and paste by Tail Wheel is an accurate representation of the regs, (and I would assume it would be), I agree with your interpretation.

In fact his bolding and underlining indicates that you have interpreted the requirements correctly, IMHO.

But anything to do with alcohol and aviation should also include that outlined in the DAMP regs.
Square Bear is offline  
Old 9th Dec 2015, 08:25
  #22 (permalink)  
 
Join Date: Nov 2001
Location: Australia/India
Posts: 5,287
Received 419 Likes on 209 Posts
Being respectful is not being obtuse, Eddie.
Lead Balloon is offline  
Old 9th Dec 2015, 08:28
  #23 (permalink)  
 
Join Date: Jun 2001
Location: OZ
Posts: 1,125
Received 12 Likes on 6 Posts
Leadie you're putting the correct construction on sub para 3. The time frame is referenced to aircraft departure, not even scheduled but actual. Another example of sloppy drafting which make lawyers a good living.
mustafagander is offline  
Old 9th Dec 2015, 09:02
  #24 (permalink)  
 
Join Date: Oct 2005
Location: Hollister, Hilo, Pago Pago, Norfolk Is., Brisbane, depending which day of the week it is...
Age: 51
Posts: 1,352
Received 31 Likes on 9 Posts
Were these the pair that were told they weren't certified to conduct a flight of this duration, decided the rules didn't apply and so an air mattress would do as a life raft, ran out of fuel, phoned mum on the way down and cost a sihtload in S&R resources?
MakeItHappenCaptain is offline  
Old 9th Dec 2015, 09:07
  #25 (permalink)  
 
Join Date: Apr 2011
Location: Victoria
Posts: 750
Likes: 0
Received 0 Likes on 0 Posts
. But kaz, if my departure is 8 hours and 1 minute after the bottle, what prohibits me from doing unimpaired preparatory work as crew e.g. 1 hour before that departure?
Nothing if ... More than 8 hours, unimpaired and <0.02%

If my departure is more than 8 hours after the bottle, the criterion on which operation of the entire prohibition in (3) depends is not satisfied.
Remember sub (1) will get you if you are still stinky even after the 8 hours are up.
kaz3g is offline  
Old 9th Dec 2015, 09:26
  #26 (permalink)  
 
Join Date: Apr 2005
Location: Melbourne
Posts: 3,877
Received 193 Likes on 100 Posts
Were these the pair that were told they weren't certified to conduct a flight of this duration, decided the rules didn't apply and so an air mattress would do as a life raft, ran out of fuel, phoned mum on the way down and cost a sihtload in S&R resources?
Almost. The air mattresses were taken along under the advice of an instructor whom told them to inflate them and put them into the wings of their Thruster ultralight in case of ditching. They didn't get around to fitting and inflating them, so when they ditched they were trying to inflate them whilst having to tread water. Ther'es more commentary here:

http://www.pprune.org/pacific-genera...-tasmania.html
Squawk7700 is offline  
Old 9th Dec 2015, 09:39
  #27 (permalink)  
 
Join Date: Apr 2011
Location: Victoria
Posts: 750
Likes: 0
Received 0 Likes on 0 Posts
Being respectful is not being obtuse, Eddie.
Thanks Leadie.

My reading is that the "prohibited" time frame is 8 hours before departure; and

The prohibition of activities undertaken includes any Preparatory work performed by a person who will be crew.

I'm not commenting on the news article or the defendants in the matter because charges have been laid but it does seem to me that, in general terms, a charge under the Reg can only apply to alcohol consumed before flight and it should be couched in the terms of the Regulation so that each of the points of proof are covered.

Kaz.
kaz3g is offline  
Old 9th Dec 2015, 10:31
  #28 (permalink)  
 
Join Date: Jun 1999
Location: Oztrailia
Posts: 2,991
Received 14 Likes on 10 Posts
A little birdie said something about the PIC consuming alcohol on the commercial flight into Tassie earlier in the day...........

Oops busted....
ACMS is offline  
Old 9th Dec 2015, 10:50
  #29 (permalink)  
 
Join Date: Apr 2008
Location: Australia
Age: 51
Posts: 931
Likes: 0
Received 0 Likes on 0 Posts
We all know you can still be hammered after 8 hours.

What about 'fit for duty'?

I think the intent in Sub 3 is clear, you don't go near an aeroplane inside the 8 hours, but it is so poorly written.

I guess it could be argued that putting on your uniform is preparatory work, or even taking an early look at the forecast.

...preceding departure...needs a simple rewrite to something along the lines of commencing flight related tasks.

But we can guarantee that one line that needs a lil modification to be clear, will be re-written into a harry potter sized novel.
jas24zzk is offline  
Old 9th Dec 2015, 10:52
  #30 (permalink)  
 
Join Date: Apr 2002
Location: Oz
Posts: 331
Likes: 0
Received 0 Likes on 0 Posts
Admittedly it has gotten a little off topic, but relevant (and interesting) all the same.

Anyway, I would think that the points of proof would be along the lines of:

1. Identity

2. Did act as a member of the operating crew, (or performed duties and functions prepatory to acting as a member of the operating crew),

3.Of an aircraft

3. And did during the period of 8 hours immediately preceeding the departure of the aircraft

4. Consume alcoholic liquor.

The Oxford Dictionary defines "Departure" as the act of leaving, especially to start a journey.

Perhaps this is why the saying is "bottle to throttle" , not "bottle to sign on" or "bottle to walk around".

BTW, I am not advocating in the least that this should be done, just pointing out ANOTHER interpretation of the regulation.

Maybe this reg. is the thing that is obtuse, ... or perhaps it is just simply badly written..
Square Bear is offline  
Old 9th Dec 2015, 19:13
  #31 (permalink)  
 
Join Date: Nov 2001
Location: Australia/India
Posts: 5,287
Received 419 Likes on 209 Posts
I think your are correct, SB.

Let's assume a rule says: A person must not do X, if Y.

It follows that if Y does not exist, the rule does not prohibit the person from doing X.

Now:

- substitute for X: "act as, or perform any duties or functions preparatory to acting as, a member of the operating crew of an aircraft", and

- substitute for Y: "if the person has, during the period of 8 hours immediately preceding the departure of the aircraft consumed any alcoholic liquor".

It follows that if a person has not, during the period of 8 hours immediately preceding the departure of the aircraft consumed any alcoholic liquor, the person is not prohibited by (3) from acting as, or performing any duties or functions preparatory to acting as, a member of the operating crew of that aircraft, even if, for example, the preparatory act is 1 hour before departure and only 7 hours and 1 minute after the bottle.

Examples:

Bob consumes 1 beer at 2200 local. Bob departs in his aircraft at 0601 local the next day. (3) did not prohibit Bob from doing anything preparatory to the flight or otherwise at any time.

Bob consumes 1 beer at 2200 local. Bob depart in his aircraft at 0559 local the next day. (3) prohibited him from performing all duties and functions preparatory to and and departing on that flight.

Bob consumes 27 beers, the last of which was downed at 2200 local. Bob departs in his aircraft at 0601 local the next day. (3) did not prohibit Bob from doing anything preparatory to the flight or otherwise at any time. (However, Bob would be in breach of the general impairment rule.)
Lead Balloon is offline  
Old 9th Dec 2015, 23:02
  #32 (permalink)  
 
Join Date: Apr 2005
Location: Melbourne
Posts: 3,877
Received 193 Likes on 100 Posts
The wording "bottle to throttle" shouldn't be used in a legal context.

The term is just an easy to remember saying to help people remember.
Squawk7700 is offline  
Old 10th Dec 2015, 03:20
  #33 (permalink)  
 
Join Date: Aug 2004
Location: moon
Posts: 3,564
Received 89 Likes on 32 Posts
File a flight plan on NAIPS while quaffing a glass of red at 2100 and not intending to fly till 0500? By definition filing the flight plan is an aviation activity. You are therefore guilty of a felony.

..so don't do any preplanning for a flight within 8 hours of consumption.

Better still file the flight plan, then get stupidly drunk but meet the 8 hour limit and 0.02 the next morning and you are OK!

And CASA will use your metadata to convict you if they can!
Sunfish is offline  
Old 10th Dec 2015, 03:37
  #34 (permalink)  
 
Join Date: Jun 2014
Location: eastcoastoz
Age: 76
Posts: 1,699
Likes: 0
Received 0 Likes on 0 Posts
Gees. I'd better tape over the camera lens on me laptop, then.
You can't be too careful these days, y'know.
Stanwell is offline  
Old 10th Dec 2015, 07:30
  #35 (permalink)  
 
Join Date: Jul 2001
Location: Australia
Posts: 4,955
Likes: 0
Received 1 Like on 1 Post
Folks,
All the concentration has been on matters of booze rules?
What is not obvious to me is the grounds for a charge of negligence, does anybody actually know?
And, does anybody know whether the pilot had an RAOz pilot certificate? Or had he just neglected to do a AFR?
Tootle pip!!
LeadSled is offline  
Old 10th Dec 2015, 08:05
  #36 (permalink)  
 
Join Date: Apr 2011
Location: Victoria
Posts: 750
Likes: 0
Received 0 Likes on 0 Posts
The ABC would have us believe the charge was reckless operation.

"Reckless" is a particular category of negligence and generally requires an indifference as to whether or not injuries/damage occurs, rather than it actually occurring.

Another site has alleged the pilot had a PC from RA and has already been dealt with by that organisation via a suspension of privileges.

Will all come out in the wash I guess.

Kaz
kaz3g is offline  
Old 10th Dec 2015, 09:06
  #37 (permalink)  
 
Join Date: Dec 2000
Location: Sydney NSW Australia
Posts: 3,051
Likes: 0
Received 0 Likes on 0 Posts
Casa with metadata notices you leaving the pub at 12am.. then again arriving and checking your weather app from the airport at 7:30 am....
Ultralights is offline  
Old 10th Dec 2015, 09:58
  #38 (permalink)  
TWT
 
Join Date: Apr 2008
Location: troposphere
Posts: 831
Received 32 Likes on 17 Posts
They then have to prove you were drinking alcohol at the pub.
TWT is offline  
Old 10th Dec 2015, 10:43
  #39 (permalink)  
 
Join Date: Feb 2002
Location: D(Emona)
Posts: 404
Likes: 0
Received 11 Likes on 1 Post
I had no idea that Australia is such a nanny state.
Dufo is offline  
Old 10th Dec 2015, 10:50
  #40 (permalink)  
 
Join Date: Sep 2007
Location: Aggregating some marginal gains.
Age: 45
Posts: 109
Likes: 0
Received 0 Likes on 0 Posts
They can do that already without bothering with meta data. Just need to have EFTPOS and credit card details released to the courts detailing expenditure at the pub over the time in question. Simples.
Some say the law is an Ass.
I say Asses have great hearing and a nasty bite.
2EggOmelette is offline  


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.