Reporting breaches to CASA
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Reporting breaches to CASA
Does anyone know if there is a legal obligation by an individual or an organisation to report a breach of a regulation to them, or do they have to find it for themselves?
For example if accidentally flew my own aircraft with an AD due, do I have to tell CASA? What about if I just went flying with my family and I realised I didn't have 3 take-off's and landings within the last 90 days?
I know I can self report some breaches to the ATSB to avoid any administrative action, but do I have to tell CASA? I don't tell the police if I accidentally run a stop sign, so is it the same case?
For example if accidentally flew my own aircraft with an AD due, do I have to tell CASA? What about if I just went flying with my family and I realised I didn't have 3 take-off's and landings within the last 90 days?
I know I can self report some breaches to the ATSB to avoid any administrative action, but do I have to tell CASA? I don't tell the police if I accidentally run a stop sign, so is it the same case?
and before you do anything, read the advice pertaining to answering a "show cause" invitation from CASA, and then there is this bit of advice. FWIW
https://www.vice.com/en_us/article/l...ution-survival
https://www.vice.com/en_us/article/l...ution-survival
I'm just glad that over the years our CAsA leaders have been able to develop and foster a mature, sensible , safety driven culture within our industry as evidenced by the (reasonable) responses above.
"Forgive me father casa, it is 12 months since my last confession".....
"Yes my son, what have you done this time..?"
"Well father casa, I flew the aeroplane until the fuel ran out, and had to glide it in....."
(Or, insert 'sin' of choice......)
"AHA!! Strict Liability = Criminal Offence = 22 demerit points, $10,000 fine plus grounding for two years at least, oh and 10 'our fathers'....."
Plus - you won't be going to Oshkosh this year or ever, because you now have a criminal record.....
"Thankyou father casa"........
no cheerssss 
"Yes my son, what have you done this time..?"
"Well father casa, I flew the aeroplane until the fuel ran out, and had to glide it in....."
(Or, insert 'sin' of choice......)
"AHA!! Strict Liability = Criminal Offence = 22 demerit points, $10,000 fine plus grounding for two years at least, oh and 10 'our fathers'....."
Plus - you won't be going to Oshkosh this year or ever, because you now have a criminal record.....
"Thankyou father casa"........
no cheerssss
Man Bilong Balus long PNG
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A Learned member of the Legal Profession once advised me that in the event you are pulled over and subject to interrogation by the Police
You are obliged to give ONLY your Name and Address when questioned by the Police.
After giving the above, your response to ANY further questions should be that you WILL NOT say anything further unless a Solicitor is present.
The same applies to any questions from CASA.
Or....wot Griffo said!
How are ya Mate, btw?
You are obliged to give ONLY your Name and Address when questioned by the Police.
After giving the above, your response to ANY further questions should be that you WILL NOT say anything further unless a Solicitor is present.
The same applies to any questions from CASA.
Or....wot Griffo said!
How are ya Mate, btw?
A supplement to what Pinky said; if you have been caught speeding and the police have an absolutely watertight case,......admit it with a friendly smile. If you are dealing with a halfway decent policeman having a reasonable day, there is a good chance you will get the numbers dropped a bit or maybe even let off with a warning.*
* This does not apply to traffic operations group police or women members.
* This does not apply to traffic operations group police or women members.
If you stuff up the 90 day takeoff/landing requirements or flew with an outstanding AD not done then there is no statement in the AIPs that you have to report it (that I can see - I may have missed something or there may be regulations published elsewhere).
If you were found out I don't think you would be also in trouble for not self reporting. For doing it yes but not that you didn't report it to someone.
My hunch is if you did those things but can show evidence you tried to rectify the situation when you realised (eg doing some circuits or getting the AD done promptly after you realised it was due) would likely be in your favour if they found out and decided to investigate (eg at a ramp check).
You are obliged to give ONLY your Name and Address when questioned by the Police.
After giving the above, your response to ANY further questions should be that you WILL NOT say anything further unless a Solicitor is present.
The same applies to any questions from CASA.
The name and address scenario above comes from section 456aa of the Crimes Act 1958 where a Police Officer suspects on reasonable grounds that you have committed an offence and you must provide your name and address.
Your obligations when driving a motor vehicle are covered under the transport act and you must produce your licence on request and or provide information as required to be able to identify you.
Without knowing the exact CASA reg number, I'm suspecting that given that we seem to need to provide the MR and flight plan etc, it would possibly not be the best course of action to withhold these items when they are requested.
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I've not been able to find any legislative requirement to report breaches unless you are an airline basically. Except for the AIP Reportable matters that is.
My hunch is if you did those things but can show evidence you tried to rectify the situation when you realised (eg doing some circuits or getting the AD done promptly after you realised it was due) would likely be in your favour if they found out and decided to investigate
How do I know?
Dr
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CASA are selective when it comes to taking action for breaches.
It is difficult to disagree with cancelling the licence of one Roostam Sadri (search Austlii database) who on the evidence seemed way out of his depth in his DA42.
CASA at great expense left no stone unturned prosecuting Quadrio, who appeared to be a very competent pilot but possibly a little enthusiastic in his manouvers, something that goes on all the time in mustering, albeit without pax.
Then there's the latitude CASA gave to Barry Hempel who killed his passenger and himself.
Go figure.
It is difficult to disagree with cancelling the licence of one Roostam Sadri (search Austlii database) who on the evidence seemed way out of his depth in his DA42.
CASA at great expense left no stone unturned prosecuting Quadrio, who appeared to be a very competent pilot but possibly a little enthusiastic in his manouvers, something that goes on all the time in mustering, albeit without pax.
Then there's the latitude CASA gave to Barry Hempel who killed his passenger and himself.
Go figure.
The obligation to report immediately reportable and routine reportable matters is an obligation to report to ATSB, not CASA. Whether ATSB then passes on information to CASA probably depends on the notorious MOU between the two...