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

RV10 VH-BUY Stolen from Bacchus Marsh

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

RV10 VH-BUY Stolen from Bacchus Marsh

Closed Thread

Old 1st Sep 2018, 07:40
  #1 (permalink)  
Thread Starter
 
Join Date: Feb 2015
Location: Santa Barbara
Posts: 570
RV10 VH-BUY Stolen from Bacchus Marsh

If you or anyone you know, knows the whereabouts of VH-BUY an RV10, please PM. The aircraft was removed from a hangar at Bacchus Marsh without the consent of the aircraft builder, Andrew McIntosh. Further, Andrew was conducting maintenance on the aircraft at the time and the maintenance has not been recorded on the MR or the Build Log Books. The aircraft is un-airworthy and has been flown in that state.

It is suspected the aircraft's avionics was manipulated to turn the ADSB off so it couldn't be tracked. Yet another illegal action by whomever removed the aircraft.
The name is Porter is offline  
Old 1st Sep 2018, 08:49
  #2 (permalink)  
 
Join Date: Oct 2016
Location: Brisbane
Posts: 19
So... not long before we see an RV-10 in the Middle East with an ISIS logo stamped on it...
bloodandiron is offline  
Old 1st Sep 2018, 09:58
  #3 (permalink)  
 
Join Date: Nov 2001
Location: Australia/India
Posts: 2,460
Wow - a rather ambitious theft. Either that, or plain stoopid...

PS: TNIP - By any chance is the suspect thief known to the builder? Who has legal title to the aircraft?

Last edited by Lead Balloon; 1st Sep 2018 at 10:14. Reason: Added the PS.
Lead Balloon is offline  
Old 1st Sep 2018, 10:48
  #4 (permalink)  
 
Join Date: Oct 2017
Location: Tent
Posts: 2
"Andrew was conducting maintenance on the aircraft at the time and the maintenance has not been recorded on the MR or the Build Log Books."

From this statement it appears the aircraft had a MR, from your comment I assume it is a valid MR.

Andrew may be the one to answer some very serious questions by the regulator!

Careful to throw rocks in public places when you have windows on the field.
Bend alot is offline  
Old 1st Sep 2018, 11:48
  #5 (permalink)  
Thread Starter
 
Join Date: Feb 2015
Location: Santa Barbara
Posts: 570
The aircraft is subject to legal dispute. The aircraft was having maintenance done on it by the 51% builder of the aircraft. If it was flown it was flown in an un-airworthy state. Everyone who knows the 2 owners knows that one of them built 90% of it and the other tells everyone he built it.

Suffice to say, the aircraft was removed in an un-airworthy state, voiding insurance etc.
The name is Porter is offline  
Old 1st Sep 2018, 11:53
  #6 (permalink)  
 
Join Date: Nov 2001
Location: Australia/India
Posts: 2,460
Good luck with your legal dispute. Having it in public, in the view of a regulator which feeds on easy targets, is probably going to be counter-productive for you.
Lead Balloon is offline  
Old 1st Sep 2018, 22:26
  #7 (permalink)  
Thread Starter
 
Join Date: Feb 2015
Location: Santa Barbara
Posts: 570
I welcome the regulators involvement. This matter has been reported to them.
The name is Porter is offline  
Old 1st Sep 2018, 22:35
  #8 (permalink)  
 
Join Date: Jun 2001
Location: Boldly going where no split infinitive has gone before..
Posts: 4,206
Best of luck- but are you sailing a little close to the libel wind by saying the aircraft was "stolen"?
Wizofoz is online now  
Old 2nd Sep 2018, 00:01
  #9 (permalink)  
 
Join Date: Nov 2001
Location: Australia/India
Posts: 2,460
Let me guess, TNIP: You reckon the respective percentages of effort put into the build determines the respective ownership percentages of the aircraft. Are you sure you’re not joint owners? No doubt there’ll be a detailed agreement setting out the ownership arrangements...

So far you’ve managed to defame the other owner, throw your insurance under the bus and devalue the aircraft.

Partnerships that go pear-shaped are a very rich vein for lawyers. Not so for the estranged partners.

Much of the damage done by this thread has already been done, but I’d suggest you consider deleting it.

Lead Balloon is offline  
Old 2nd Sep 2018, 00:45
  #10 (permalink)  
 
Join Date: Apr 2005
Location: Melbourne
Posts: 1,758
Personally I wouldn’t use the word “stolen” in this context.

The situation is like splitting up with your wife. She leaves in the car that you jointly own and you don’t know where she is or who she’s camping with.

Pretty stressful none the less.
Squawk7700 is offline  
Old 2nd Sep 2018, 01:12
  #11 (permalink)  
 
Join Date: Aug 2004
Location: Melbourne, Australia
Posts: 6,854
I hope there was a throttle lock fitted or CASA (?) may prosecute.
Sunfish is offline  
Old 2nd Sep 2018, 02:35
  #12 (permalink)  
 
Join Date: Oct 2005
Location: Australia
Posts: 667
Aviation Transport Security Regulations 4.72 4.72 covers security for unattended aircraft

CAR 42 covers the airworthiness requirements.

Last edited by Clare Prop; 2nd Sep 2018 at 02:47.
Clare Prop is offline  
Old 2nd Sep 2018, 02:45
  #13 (permalink)  
 
Join Date: Aug 2000
Location: WA
Posts: 1,158
Notwithstanding the maintenance issue. If the other party has taken the aircraft without your knowledge but otherwise had lawful access to it i.e. keys to access the hangar, proven part ownership etc then this is a civil matter.
Call your lawyer.
YPJT is offline  
Old 2nd Sep 2018, 02:48
  #14 (permalink)  
 
Join Date: Oct 2005
Location: Australia
Posts: 667
Breaches of the ATSRs and CARs however are not a civil matter!
Clare Prop is offline  
Old 2nd Sep 2018, 02:52
  #15 (permalink)  
 
Join Date: Nov 2001
Location: Australia/India
Posts: 2,460
The other owner may have completed and certified, or arranged for the completion and certification of, the maintenance....

The other owner may have had keys to the throttle/mixture lock and ignition...

There are usually at least two sides to every story.

My prediction: The lawyers will own the aircraft before anything happens from a regulatory perspective.

Lead Balloon is offline  
Old 2nd Sep 2018, 04:24
  #16 (permalink)  
Thread Starter
 
Join Date: Feb 2015
Location: Santa Barbara
Posts: 570
Let me guess, TNIP: You reckon the respective percentages of effort put into the build determines the respective ownership percentages of the aircraft. Are you sure you’re not joint owners? No doubt there’ll be a detailed agreement setting out the ownership arrangements...
No, the aircraft is owned 50% by each 'owner' in a company structure. One of the 'owners' removed the director of the company (another person) and appointed himself as the director of the company (whilst the other owner was in hospital having open heart surgery). Unfortunately there is not a detailed ownership agreement.

So far you’ve managed to defame the other owner, throw your insurance under the bus and devalue the aircraft.
It is not defamation if it is all true information. The other party is welcome to monitor and download the activity of this thread and pass on to his lawyers. He will be embarrassed when this goes to court. There is a great deal of un-lawful activity that has taken place.

As far as de-valuing the aircraft goes, this is not a factor. It was an aircraft built for personal use.

The insurance company must be informed when an aircraft is in this state, they will be. The regulator must be informed, they have been. The Police have been informed.

Partnerships that go pear-shaped are a very rich vein for lawyers. Not so for the estranged partners.
Both parties have lawyered up, bring it on.

Much of the damage done by this thread has already been done, but I’d suggest you consider deleting it.
Why? The aircraft must be located for the following reasons:

Maintenance has been performed on the aircraft by the named, legal builder of the aircraft as per the Certificate of Airworthiness. This maintenance has not been able to be logged on either the MR or the aircraft's logbooks. This is a serious situation. If the aircraft has been moved from the airfield, the aircraft's ADSB function has possibly been disabled, illegal.

The aircraft must be located for those and other reasons. I re-iterate, if anyone knows the whereabouts of this aircraft, report it to the Bachhus Marsh Police or myself via PM.
The name is Porter is offline  
Old 2nd Sep 2018, 04:56
  #17 (permalink)  
 
Join Date: Oct 2005
Location: Australia
Posts: 667
No, the aircraft is owned 50% by each 'owner' in a company structure. One of the 'owners' removed the director of the company (another person) and appointed himself as the director of the company (whilst the other owner was in hospital having open heart surgery).

There is due process to follow for change to office bearers in a company. Has a Power of Attorney been abused?

Unfortunately there is not a detailed ownership agreement.

Presumably you are both shareholders in this Company setup?

Good luck, this looks like a feeding frenzy for lawyers. Hope you find the aeroplane.
Clare Prop is offline  
Old 2nd Sep 2018, 05:22
  #18 (permalink)  
 
Join Date: Nov 2001
Location: Australia/India
Posts: 2,460
No, the aircraft is owned 50% by each 'owner' in a company structure. One of the 'owners' removed the director of the company (another person) and appointed himself as the director of the company (whilst the other owner was in hospital having open heart surgery). Unfortunately there is not a detailed ownership agreement.
Sounds like a company owns the aircraft.

You’re aware that the shareholders of a company do not own the assets of the company?

How many shares have been issued by the company, and who holds them?
Lead Balloon is offline  
Old 2nd Sep 2018, 05:43
  #19 (permalink)  
 
Join Date: Oct 2017
Location: Tent
Posts: 2
Where are the MR and Log Books now?

Did the MR have an endorsement that rendered the aircraft U/S?
Bend alot is offline  
Old 2nd Sep 2018, 08:35
  #20 (permalink)  
 
Join Date: Aug 2013
Location: The bush
Posts: 135
This youtube video was obviously made in sweeter times.

https://youtu.be/x3kp0StQINE

The relationship may have deteriorated somewhat since then....
The Banjo is offline  

Thread Tools
Search this Thread

Contact Us Archive Advertising Cookie Policy Privacy Statement Terms of Service