PILOTS LICENSE & DRUNK DRIVING

[johnm]

Morning all

 

They say that if you loose your car licence - DUI - ................................... then you use boat license (if you have one) and vicki versa (guess thats true ??)

 

If you lose your car license ................................. because of excessive alcohol (not planning to) - i.e; DUI - do you loose your RAA pilots licence ?

 

Would you loose your GA pilots license ?

 

JM

 

 

[skyfox1]

No you can still fly around drunk:roflmao:

 

 

[ahlocks]

There's far to much doom and gloom involved with aviation to want to fly sober...

 

 

[pete8862]

I don't believe you would, they are linked on the DOT system, RAA is not.

 

Go for your life.

 

Pete

 

 

[terryc]

Morning allThey say that if you loose your car licence - DUI - ................................... then you use boat license (if you have one) and vicki versa (guess thats true ??)

 

If you lose your car license ................................. because of excessive alcohol (not planning to) - i.e; DUI - do you loose your RAA pilots licence ?

 

Would you loose your GA pilots license ?

 

JM

Who are they, I doubt that such a system would hold up in court. If it's been applied then it needs challenging.

 

 

[facthunter]

Authorities can do what the law allows or what they can get away with unchallenged. The only relationship with being able to fly RAA is that you meet the MEDICAL STANDARD required for a private car licence. You don't need to actually hold, (or have ever held) a car licence.. Nev

 

 

[FlyingVizsla]

Had a quick look at RAA ops manual - they only require "the health standard equivalent to that required for the issue of a private motor vehicle driver's licence in Australia." Sec 2.07. There is no requirement to actually hold a DL. A pilot certificate can be cancelled or suspended .. "contravened the requirements, regulations and/or orders contained in the CARs, CAOs. CASRs or Part 103 ..." Sec 2.14 That's also true for GA pilots. That's a lot of reading, but I have not found anything that says you have to report a driver's licence DUI conviction (yet). There may be something under the Drug & Alcohol rules.

 

ASIC - you must report any traffic offences, pending or imposed.

 

For homework you can all read the CARs, CAOs. CASRs & Part 103. There will be a test.

 

 

Sue

 

 

[Deskpilot]

It's not possible to lose your RAA 'license' 'cause nobody has one. It's a certificate my friends, a certificate.

 

 

[old man emu]

ASIC - you must report any traffic offences, pending or imposed. Sue

Shows how ill-thought out the legislation is.

 

A offence is not an offence until a finding of guilt is made. A traffic ticket of itself is only an allegation that you committed an offence. The allegation only becomes an offence if you plead "Guilty" (by paying the fine), or a Court makes a finding of guilt. Therefore it's stupid to be advising ASIC of a "pending" offence. I am very likely to exceed the 50KpH speed limit in my local area by a few K's (I'll do 55-60). Do I have to advise ASIC before I start out? According to the above, I must.

 

Wouldn't you love to work in the ASIC section that deals with recording traffic offences?

 

As a class of offence, breaches of the traffic laws are usually considered as trivial in relation to a person's character, unless the offence is considered to be one of the serious ones - drink driving, dangerous driving etc. Mere speeding, failing to stop at stop signs, running red lights etc are trivial offences (but can become serious if someone gets hurt)

 

OME

 

 

[Acky]

Having several mates who have lost their drivers licence DUI, they did NOT lose their boat licence. However.... i understand if you get caught operating a boat over 0.05 you lose your drivers licence as well as your boat licence.

 

 

[Bryon]

operating a boat over 0.05 you lose your drivers licence as well as your boat licence.

I dont worry about a licence, if I am in a boat and over .05, I usually end up losing my lunch

 

 

[facthunter]

You must tell me what you are on Byron, and OME, I have raced some EMU's in my time and they are not very bright, but you are so wise.

 

Where is redair? On a good day , he is a very funny man, ( as is slarti)... Nev

 

 

[old man emu]

Ah! A wise Old man Emu.

 

OME

 

 

[kaz3g]

Shows how ill-thought out the legislation is.A offence is not an offence until a finding of guilt is made. A traffic ticket of itself is only an allegation that you committed an offence. The allegation only becomes an offence if you plead "Guilty" (by paying the fine), or a Court makes a finding of guilt. OME

Paying a traffic infringement is not an admission of guilt... it just avoids a situation where a court would be asked to determine guilt or innocence. Only a court can make such a finding and then only after hearing the evidence.

 

If a traffic matter goes to court and the charge is proven, then it becomes an antecedent or "prior" offence and is listed as a conviction on your record. Traffic infringements are not recorded on your record for court.

 

Drink driving (drive while exceed PCA), drug driving and drive while suspended are generally amongst the most serious traffic charges and almost always are dealt with by way of charge on summons or remand. Second and subsequent offences can and do attract gaol terms.

 

I seem to recall that CASA is able to track State convictions and regards itself bound to act on advice of matters that may impact on the ability of a pilot's licence holder to exercise the privilege responsibly.

 

kaz

 

 

[Bryon]

You must tell me what you are on Byron, and OME, I have raced some EMU's in my time and they are not very bright, but you are so wise.Where is redair? On a good day , he is a very funny man, ( as is slarti)... Nev

I am on laughter Nev

 

Everyone should try it, it makes life a lot easier

 

There should always be time in your life for fun and laughter

 

 

[old man emu]

Paying a traffic infringement is not an admission of guilt... it just avoids a situation where a court would be asked to determine guilt or innocence. Only a court can make such a finding and then only after hearing the evidence. kaz

Kaz,

 

I guess nearly 30 years' experience as a constable of police who issued more Traffic Infringement Notices that most people have had hot dinners has failed to teach me the difference between an allegation of an offence and an admission of guilt.

 

At Law, the payment of the specified penalty fixed by Regulation for a particular traffic offence is taken to be a plea of "Guilty" to the allegation. It is up to the person who is alleged to have committed an offence to enter a plea of "Guilty" or "Not Guilty". If a person chooses to enter a plea of "Not Guilty", then the person completes a section on the Notice which ultimately results in the entering of the plea before a Court, and a hearing of the evidence before a finding of guilt or otherwise is made.

 

The ability to enter a plea of "Guilty" by paying a set penalty is a convenience to the person who admits some wrong doing (ie speeding, seat belt etc) and by simply paying the fine saves themselves the time and inconvenience involved in going to Court. This means one less matter for teh Court to deal with, and the Court can attend to more serious matters.

 

Proven traffic offences are recorded by the licencing authority, and the record is produced to the Court if a further offence is proved. The record of prior offences is called a person's Antecedents, and the Court uses the record to determine the penalty for the offence just proved. In this way a person with no prior convictions may be granted some leniency in penalty by the Court.

 

Old Man Emu

 

 

[frank marriott]

Drink Driving in a m/v [car, train, boat, horse,bicycle etc.] are offences under the TORUM Act (Transport Operation Road Use Management)

 

Aircraft not so, but be careful of DANGEROUS OPERATION 308A CC includes aircraft. (Criminal Code)

 

FM

 

 

[Guest Maj Millard]

I remember when flying GA (and ULs) in the states if you got done for DUI and you were silly enough to tell them you had a pilots' License, they would send details of the DUI straight to FAA in Oklahoma City. Three strikes and your out, and they could auto-suspend your pilots License.

 

As I recall when John Denver killed himself at Monterey, his pilots' license suspension notice was in his mail box because of repeated DUIs. It was roumered he was fond of Porches and Jack Daniels No 7..................................................Maj...