RAA licencing question

[Guest Michael Coates]

OK guys, i need you to cast your minds back to 2002 to 2003 era.

 

A pilot was taken to court by the RAA for flying an RAA registered plane without a RAA pilot certificate.

 

It went to court and they (the judge) decided because he had a full PPL licence that outweighed the RAA certificate and they sent him on the way to continue flying an RAA plane on his CASA licence.

 

Now, is this folklore or fact ?? Does anyone have any details ??

 

Thanks Michael

 

 

[TAA Qwerty]

I have not heard of this one but I am very interested in the answer. I'm betting its myth.

 

 

[djpacro]

I recall reading about that as a news report but I can't remember where but I believe it is true. My recollection was that it was in the Admimistrative Appeals Tribunal. I did a quick search of their archives and didn't find it.

 

 

[Warrior]

Hi DJ, what is the situation for a PPL endorsed on an RA aircraft?

 

 

[TAA Qwerty]

I seem to recall it stated somewhere by RAAus officialdom that in order to fly an RAAus reg aircraft, you needed an RAAus cert. A call to RAAus will get a definative answer.

 

 

[Guest Michael Coates]

Calling the RAA is not the way to go, of course they are going to say you need an RAA licence etc... I remember this was burried big time when it happened and middo wouldnt talk about it.

 

 

[TAA Qwerty]

Of course, silly me. It shouldnt be too difficult to search court and tribunal proceedings and find it. Call to CASA? I suppose they wont want to add to the confusion either.

 

 

[Warrior]

Ref: http://www.auf.asn.au RA Aus Operations Manual

 

Section 2.01.1

 

No person shall act as Pilot -in-command of a recreational aircraft operated under the provisions of CAOs 95.10, 96.32 (RA-Aus Registration) or 95.55 or any relevant legislation as amended from time to time, unless that person:

 

(a) is the holder of a valid RA Aus Student Pilot or higher level Certificate, as listed in section 2.05, issued or recognised by the RA Aus.

 

..and it goes on, but that's the part we're talking about.

 

So I guess the operative word is "recognised"

 

Haven't had time to check whether a PPL, with suitable endorsement for the aircraft, is recognised by RA Aus

 

 

[djpacro]

The point is that regulation 5.78 states:

 

A private pilot (aeroplane) licence authorises the holder of the licence:(a) to fly an aeroplane as pilot in command ... etc

There is no requirement there to have an RAA certificate. Interesting legal argument.

[TAA Qwerty]

As with all these regs, you can look all blasted day and there will be some obscure clause buried somewhere where no one woudl think of looking that will clearly state an exception to what you want. In this case it seems that a judge may have made a ruling. My PPL says I can fly a single engined aircraft with an MTOW of less that 5700KG, gess what a rec a/c is........ maybe its as simple as that. The PPL does not say the the a/c must be on the australian register and if the aircraft is properly registered and legal to fly in Aust, irrespective of where is is registered, I can see a bit of fun in Court with it.