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Infringements Airspace

Old 17th Feb 2021, 09:22
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Infringements Airspace

Infringements can obviously be issued for breaching restricted airspace, but what about State Government departments issuing whatever the hell they want for breaching airspace limitations around state parks, island, bird breeding etc...First I’ve heard of this.

Perhaps they need to include these warnings in the ERSA? Of the financial consequences for doing so, even 1ft into such airspace you will be issued with a 4 to 5 figure fine.

Where exactly do they get the alt info from? I mean you could probably win these fairly easy in court if you claim you breached such airspace ‘in the interests of safety’ or some bulldust, or even claiming said departments are sourcing alt info from third party apps.

I’m all for following the rules but having some large scale fine appear in the letterbox for breaching bird breeding zones, by accident, by 50ft? Really?

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Old 17th Feb 2021, 10:23
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Please tell us more, or a similar location where such airspace exists. Which department issued the “fine?”
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Old 17th Feb 2021, 10:26
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As I understand it, airspace is a natioal (federal) responsibility. If some other organisation or state govt dept wants to have some say over airspace then they need to consult the OAR at CASA who will consider all the factors, consult with industry and then make a decision which to take effect would be reflected by NOTAM or in ERSA or perhaps an AIP SUP.
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Old 17th Feb 2021, 10:45
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I too thought the feds ran the domain above the ground, maybe if you force land into one of these areas the state and/or local jurisdictions may hit you for littering. Otherwise it just may be a scam.
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Old 17th Feb 2021, 12:20
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ADSB - out allows the creation of an infinite number of "red light cameras" at zero cost. Do you think Federal, State and local Government will resist the opportunity to generate fines revenue generated from infringing all sorts of "zones" by a few metres? Think again.
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Old 17th Feb 2021, 19:37
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50ft does not sound like an acceptable tolerance for the infringement either. Air pressure difference, calibration or equipment etc. It sounds like it would be very difficult to enforce, but none the less has the potential to cost you time and a decent amount of money to fight.
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Old 17th Feb 2021, 20:29
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Didn't Dick Smith bring up something like this a few years ago? Some particular Class-R off the Queensland coast where it was alleged a pilot was hot-dogging at low level or something and scaring the birds?

I've never heard of a state Government even considering issuing fines for airspace violations, though it does sound like something Victoria would try on, after charging for approaches to ASA owned navaids in years gone by...
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Old 17th Feb 2021, 22:33
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But the USA, the place so many here like to say is so much better than Aus when it comes to flying/regs, definitely has restrictions against flying over certain national parks/wildlife refuges.


Having said that though, I’m not against charted areas of no-fly/height/distance type restrictions to protect our wildlife.
enforcement for breaching them? Yeah why not. It can be like any other rule.
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Old 18th Feb 2021, 06:58
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If some other organisation or state govt dept wants to have some say over airspace
I seem to remember a couple of states recently mandating mask wearing for anyone in "their" airspace
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Old 18th Feb 2021, 08:06
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The declaration and regulation of airspace use for safety purposes is the Commonwealth's patch. That doesn't mean it's the Commonwealth's property ...
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Old 18th Feb 2021, 12:49
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[QUOTEInfringements can obviously be issued for breaching restricted airspace, but what about State Government departments issuing whatever the hell they want for breaching airspace limitations around state parks, island, bird breeding etc...][/QUOTE]

Can you show us some evidence to support your claim? I can’t find anything relevant so would appreciate your help.
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Old 19th Feb 2021, 08:26
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I read somewhere that there's rules for how low you can fly over the top of whales (1000ft from memory).

​​​​​​Ive noticed to that from about 2000ft whales will dive under water when flying near them so there's probably something to that rule.
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Old 19th Feb 2021, 21:41
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Occurring from Townsville to Horn. Government Park Bodies.

Bird breeding areas appear to be very sensitive at the moment.
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Old 20th Feb 2021, 00:14
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Originally Posted by PoppaJo View Post
Infringements can obviously be issued for breaching restricted airspace, but what about State Government departments issuing whatever the hell they want for breaching airspace limitations around state parks, island, bird breeding etc...First I’ve heard of this.

Perhaps they need to include these warnings in the ERSA? Of the financial consequences for doing so, even 1ft into such airspace you will be issued with a 4 to 5 figure fine.
There are Fly Neighbourly Agreements - is this what you are referring to? The ERSA has details on these (GEN SP section).

I didn't think you could be fined for infringing these. Have you been fined - could you supply more details on who issued the fines if so?

Otherwise are these just restricted areas created on the basis of environmental sensitivity? I know there used to be some at one point - again these would be in ERSA and infringements would be same as infringing any other restricted airspace surely?

Or is this something else again not administered as part of airspace stuff?
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Old 20th Feb 2021, 00:36
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Infringing by 50ft would not be legally enforceable, bin the “fine.” Waste of paper and postage fees.

How did they ascertain your altitude and when was the equipment last calibrated? Can of worms!
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Old 20th Feb 2021, 01:55
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Haven't you lot heard of circuit breakers or on/off switches?
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Old 20th Feb 2021, 10:50
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Haven't you heard of CAO 20.18 9B(5)?
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Old 20th Feb 2021, 10:58
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Haven't you heard of CAO 20.18 9B(5)?
And?

or

So what?

(Choose either answer)
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Old 20th Feb 2021, 19:58
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If you have it, you must use it. Switching off is not an option if its serviceable and compliant.

9B.5 If an aircraft in flight carries serviceable ADS-B transmitting equipment, the equipment must be operated:

(a) for equipment that complies with an approved equipment configuration set out in Appendix XI — continuously during the flight in all airspace and at all altitudes, unless the pilot is directed or approved otherwise by ATC; and

(b) for equipment that complies with the approved equipment configuration set out in Appendix XII, XIII, or XIV — continuously during the flight, within the airspace and within the altitude limits specified for the flight in the applicable Appendix, unless the pilot is directed or approved otherwise by ATC.
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Old 20th Feb 2021, 22:16
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If you have it, you must use it. Switching off is not an option if its serviceable and compliant.
And again;

And?

or

So what?
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