Off airport landings legality

[frank marriott]

An emergency i.e. an engine failure in a SE aircraft - ALA requirements do not apply - "an act which occurs independantly of the exercise of your will" Ref CC.

 

I am not current so I will defer to the opinion of Kaz and other learned persons now but certainly before I retired State Laws applied for 12 miles off shore e.g. the drink driving laws relating to boats within 12 miles of shore and outside that federal law out to 200miles.

 

As flying is controlled by federal law [mostly other then Dangerous Operation of a vehicle etc. including aircraft] the high and low water mark is more about property law then aviation. I only know of one case in my 40 years where a person was charge with Dangerous Operation of an aircraft under the provisions of the Qld Criminal Code but the offender received 2 years in the go slow and that was in an RAA registered aircraft - appealed and lost.

 

Just my observation and I repeat I will defer to those that are current and accept my opinion as wrong if that is the case.

 

The only reason I make this post is that if you want to push the boundaries then expert advise would be well worth seeking.

 

FrankM

 

 

[kaz3g]

?....I am not current so I will defer to the opinion of Kaz and other learned persons now but certainly before I retired State Laws applied for 12 miles off shore e.g. the drink driving laws relating to boats within 12 miles of shore and outside that federal law out to 200miles....

 

FrankM

Many behavioural laws have extra- territorial operation so state laws control boating, for example, off the outside coast. Fisheries, however are only State to 3 miles and Commonwealth operate further out. Thus lobster and abalone, being shallow water creatures are controlled by State but Orange Ruffy, very deep water fish, are subject to Commonwealth Act. The result of a messy federation in 1901.

 

Did you know that Victoria had its own navy? HMV Cerberus fired our first shots in anger in the Crimean War when a Russian ship slipped its cables at Melbourne. It also fired on the St Kilda Town Hall when it's lookout, not realising the monitor was swinging on its anchor, thought a light on the town hall tower was a ship "escaping" the port. The guns at Point Nepeqn and Point Lonsdale have a similar history of early engagement (but without the mistakes of Cerberus).

 

Kaz

 

 

[Guest Howard Hughes]

145 Emergency authority

In conforming with the rules contained in the provisions of Division 2 of this Part and in the provisions of Parts 12 and 13, the pilot in command of an aircraft shall pay due regard to all dangers of navigation and collision and to any special circumstances which may render a departure from those rules necessary in order to avoid immediate danger.

With regard to emergencies CAR 145 allows pilots to deviate from the regulations as required in an emergency situation. This is the only regulation which applies in an emergency situation!

With regard to planned outlandings, that is a whole other can of worms.

 

PS: Division 2, part 12 & 13 refers to the 'rules of the air' which form the basis for the AIP, VFG, etc...

 

Source: CAR 1988 (updated 27/6/11) casa.gov.au

 

 

[motzartmerv]

I only know of one case in my 40 years where a person was charge with Dangerous Operation of an aircraft under the provisions of the Qld Criminal Code but the offender received 2 years in the go slow and that was in an RAA registered aircraft - appealed and lost.

 

 

FrankM

Frank, wasn't a thruster was it?

 

 

[Guest ozzie]

that was for repeatedly beating up his ex's house i don't remember him actually landing.

 

 

[frank marriott]

Frank, wasn't a thruster was it?

Mots

 

May well have been - it was RAA or probably more accuratly AUF resistered given the time period. At that time my only aviation interest was in GA and everything else was an "ultralight" [a view it appears still held by many even today!]

 

FrankM

 

 

[motzartmerv]

Yes, I flew with that guy a few times. ;)

 

 

[Yenn]

I spent 2 days in Rocky waiting to be called to give evidence to the effect that is wasn't me. 2 minutes in the court. If I had my way he would be locked up forever and the key thrown away. Justice may have been done, but it cost me plenty in time away from home. Keep away from courts if you possibly can.

 

 

[dazza 38]

So there are lots of videos on YouTube et cetera, of aircraft landing on beaches, gravel bars in rivers and such...What is the legality in Australia? Looks fun would love to do the same.

Forget about having the freedom our friends have in the states.Just do it and not draw attention to ones self.By that I mean, we have alot of nob jockeys just waiting to hang some bugger for having fun.

 

 

[Hongie]

yeah daz... i've spent some time in teh states as a kid, and loved it. And i'm serioulsy contemplating moving over there.. the personel freedom allowed is awesome. And not just in respect to aviation. Lot of nutjobs in the big city, but you wouldnt catch me there anyways! Deep south or Far north for me :) Of course there are downsides... wages do not compare to Australia for the average guy, and the medical system is ludicrous. All a matter of choices isnt it

 

 

[dazza 38]

This country has realy turned to SH&T with all this crap.No joke, they would have everybody wraped up in cotton wool if they could.It isnt just flying, its dirt bike riding, horse back riding, jet ski riding etc. We as individuals in the government eyes, cannot be trusted to evaluate risk in our day to day lives. We are being legisated out of existance.Anyway, I couldnt give a stuff on the realy stupid rules these wankers come up with. (They are pencil pushers after all).

 

Ps- Dont start on this duty of care BS,that was made up to protect wankers who couldnt look after themselves.

 

 

[Hongie]

yup.. I own 2 dirt bikes that rarely get used because everywhere we go to ride, we get chased out becuase it is a 'ecologicly sensitive area'. Meanwhile, they are logging it. Whether its aviation, bikes, guns, geez, even PAINTBALL guns in Australia you need a license for. Slingshots, laser pointers. The list goes on. ANyways, thats my rant

 

 

[dazza 38]

True Hongie, The wages are not good there in the states. We have a better standard of living I guess. Im at 42 years old, still remember the eighties etc where there was more freedom as a young fella.I think young people now dont have the freedom that I had, when I was a young fella.I used to get on my motorbike ride it up the road about 400 metres then hit the bush and ride for hours.The good old days, try that now.lol

 

As per flying here, dont trust anybody, (apart from friends), peeps are out to hang people left, right and centre.Not always to do with safety.Im would be the first person to dob in a pilot doing a unsafe act.The trouble is, I am not qualified to deem what is and what is not a unsafe act.Somebody like Greg Miller who lands on water and transions to land and does it on a regular basis. Greg to me is not unsafe, actually he has helped pilots with information on what to do.

 

 

[Hongie]

too true... and i spose thats where america is bad as well... very litigatious (sp?). get sued for looking at someone sideways

 

 

[dazza 38]

too true... and i spose thats where america is bad as well... very litigatious (sp?). get sued for looking at someone sideways

Yup , nothing is easy these days

 

 

[Guest turk182]

My father lives in Chicago , he came over here for a holiday and couldn't believe how legislated we are! The wages are lower but the cost of living is in line with it, his house cost the same in USD as mine did in AUD and I know which one I'd rather live in, add to that he was amazed that we put up with fixed speed cameras everywhere , he reckons the seppos would shoot the buggers if they tried it over there ( the cameras that is).

 

As for landings, when I'm asked if I can land here or there I usually say I can land where ever I like, it's just some places I get a photo in the paper and some places no one seems to care,,,,,it pays to keep a dirty spark plug in your pocket ,never know when you'll need one !

 

 

[Hongie]

dirty plug lol

 

 

[winsor68]

Either a dirty plug or... a broken through bolt in the case of Jabiru flyers? lol

 

 

[djpacro]

.. the personel freedom allowed is awesome.

I loved living in the USA too but was nearly arrested when I landed from a flight over a National Park.

[Guest Howard Hughes]

An old instructor of mine got 16 hours of questioning (without his one phone call), after mistakingly landing at a US Air Force base back in the late 80's. Of course these days they would probably just shoot you down...

 

 

[fly_tornado]

A local cop gave me a lift to the airshow in Nebraska, saved me about an hours walk. Mind you he searched my bag and gave me a 1/2 assed frisking before giving me the lift.

 

 

[motzartmerv]

well, at least he only frisked half your ass..;)

 

 

[winsor68]

I guess the old saying about "the grass is always greener" applies here...

 

 

[facthunter]

Maybe the grass is stronger. Nev

 

 

[David Isaac]

I loved living in the USA too but was nearly arrested when I landed from a flight over a National Park.

OK spill the beans Uncle D ... what were you doing when you were flying over the national park ... dropping incendiaries ...