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Pilot prosecuted for irritating rival football fans

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Old 24th Jul 2009, 21:48
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Pilot prosecuted for irritating rival football fans

The court was told one person in the crowd also thought the aircraft was so low it was going to crash into the stadium.
The prosecution was brought by the Civil Aviation Authority after a complaint from someone within the ground.

Pilot made blues fans see red
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Old 25th Jul 2009, 05:37
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Typical Citeh fans

Interesting case however.
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Old 25th Jul 2009, 11:33
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Dont think the reporter in the video knows what he is talking about..
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Old 25th Jul 2009, 13:00
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From the report:

A PILOT who gave actress Angelina Jolie her wings
What colour were the wings, I wonder?
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Old 25th Jul 2009, 13:15
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I don't see how, in the lack of evidence of the actual altitude flown, this accusation can be upheld.

If the report is correct, the pivotal evidence appears to be a complaint by a member of the public.
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Old 25th Jul 2009, 13:33
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Glide clear

He said he did not believe the aircraft could have glided to an emergency landing site at Newton Heath.
No requirement for the pilot to reach 'an emergency landing site' only to glide clear.A successful FL is more for the self preservation of the pilot and pax and not a mandatory requirement.

MM
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Old 25th Jul 2009, 17:04
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Manchester CTR is Class D airspace so Mode C is not mandatory. Nor is a transponder, for that matter.
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Old 25th Jul 2009, 21:28
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Glide clear

The clue is there:glide clear which by suggestion is clear of any potential hazards which includes people,there is no requirement to make it to an emergency landing site ( whatever one of those is).

MM
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Old 25th Jul 2009, 21:56
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Shame..

Shame that Southampton all lies within the CTR otherwise I'd have a go at this.
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Old 26th Jul 2009, 09:14
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SoCal App, what modelman said is the exact same as what you say: Gliding clear is mandatory, a successful landing is optional.
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Old 26th Jul 2009, 17:05
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The overriding factor is to not put anybody or anything on the ground in harm.
Which is what Rule 5 states:

An aircraft shall not be flown below such height as would enable it, in the event of a power unit failure, to make an emergency landing without causing danger to persons or property on the surface.
There is a park 500m from where he was flying and some accounts suggest he was at 1800'.....It all depends what is classed as gliding clear or congested area.

Angelina Jolie did her flying in N939RJ, Red and White Archer III. It is the one they are stood infront of in the picture - and the one I did my IR in
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Old 27th Jul 2009, 11:31
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It strikes me that without a definite height the CAA surely can't prove anything beyond reasonable doubt. Does "reasonable doubt" remain the standard for this type of conviction?

And the suggestion by the CAA that the transponder " had not been switched to the correct mode" is ludicrous. They should know better - while we all should use Mode C if it is available, it isn't a legal requirement then he shouldn't be accused of using it incorrectly in a court. I hope that either there is some severe journalistic licence being used here, or that the defending solicitor rips this statement to pieces.

Of course, within the flying fraternity I would like to ask why Mode C wasn't selected if he had nothing to hide? Was it just inop, no Alt Encoder perhaps? Who knows, but one expects the CAA to be at least accurate!
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Old 27th Jul 2009, 13:39
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Aunty Betty’s fun police won’t let me open the link. Probably totally irrelevant but was he flying SVFR? I suspect he would be.


Rules of The Air and Air Traffic Control Rule 5 (3) (c)


Special VFR clearance and notified routes

Any aircraft shall be exempt from the 1000 feet rule when flying on a special VFR flight, or when operating in accordance with the procedures notified for the route being flown; provided that when flying in accordance with this exemption landings may not be made at other than a licensed or Government aerodrome, unless the permission of the CAA has been obtained.
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Old 27th Jul 2009, 14:54
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It was more likely to be a VFR flight in Class D airspace unless the weather or time of day (night!) made the zone otherwise IFR.

But the 1,000 ft rule probably isn't the main concern [or the 1,500 ft rule (!) incorrectly mentioned in the press report].
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Old 27th Jul 2009, 15:11
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SVFR only gives you exemption from the 1000ft rule, Rule 5(3)(c). It does not exempt your from the 'Land Clear' rule, Rule 5(3)(d)

I guess you can't really get the accurate story unless you were sitting in the courtroom, I'm amazed that posters here rely on what a journalist writes as an accurate record of fact.......
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Old 27th Jul 2009, 15:24
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What ho, Chuffer. Who does?
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Old 27th Jul 2009, 15:43
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Its all semantics anyway. Everyone knows that the Manchester City lot ARE 'irritating rival football fans'
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Old 27th Jul 2009, 15:51
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Like I said in my post earlier.
"Presumably the CAA must feel they have a case."...
CAA does not however appear to apply the same test/threshold as the CPS (public criminal prosecutor).

Ask Flying Lawyer about some of his defence successes...
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Old 27th Jul 2009, 19:33
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It all depends what is classed as gliding clear or congested area.
I remember my Air Law book stating that parks and school playing fields weren't suitable excuses for landing sites...
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Old 28th Jul 2009, 09:00
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Like I said in my post earlier.
"Presumably the CAA must feel they have a case."...
SoCalapp

having a case can mean nothing and often prosecutions appear to be made more to set a clarification or precedance for future prosecutions.

There appears to be no evidence on the altitude flown only that which is admitted by the pilot himself ie 1300 on the QNH which nicely by coincidence keeps him in the 1000 ft rule.

That leaves the piece of scrubland for a landing which the prosecution claim had some houses close by if he got the landing wrong so it didnt count.
What a load of rubbish! you could get it wrong landing a 150 at Heathrow, You could get it wrong landing an airline in the Hudson. They are still landing sites. Finally it is up to the pilot to go for a smooth touchdown or wreck the plane to avoid hitting houses.

The CAA are their own worst enemy as they could legislate that aircraft having mode C must have it on at all times. It is common practice for pilots who are doing what they shouldnt be doing to turn mode C off.

Pace
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