Low flying penalty

[Camel]

On RAA website.

 

Advice of CASA Enforcement Action

 

March 11, 2015 | members

 

Members are advised of recent CASA enforcement action against a member resulting in the issue of a 6 month jail sentence, which was wholly suspended for two years provided he was of good behaviour.

 

In 2012, the member, while not holding an RA-Aus Pilot Certificate, flew an unregistered RA-Aus aircraft below 500 feet over a body of water, buzzing a water skier, subsequently crashing and destroying the aircraft.

 

He was found guilty of three breaches of the Civil Aviation Act and his actions brought our organisation into disrepute as a result.

 

RA-Aus reminds members of the continual need to operate in a safe and compliant manner to ensure our organisation continues to enjoy the privileges already granted and for the provision of additional privileges in the future.

 

 

[rhysmcc]

Sounds like a trifecta, wonder if a fine was also attached to the jail time.

 

 

[poteroo]

Now there's a challenge for RAAus. Can we expect he will now apply for membership, for a flight test for his PC, then for a low level endo? The black sheep returning to the fold, or, a reprieve from no-flight row? happy days,

 

 

[pmccarthy]

How can there be such a thing as an unregistered RAA aircraft? Surely if it is unregistered then it is not affiliated with any body?

 

 

[turboplanner]

That's what the smart alecs said at the time pm, and maybe part of it worked, but nobody was fooled about what the aircraft was and what body should have been administering it.

 

I personally feel that this incident may have played a part in the four CASA Audits and the draconian focus on aircraft photos and signage.

 

 

[kaz3g]

I think the significant factor in the above release is the repeated references to "the member".

 

I read that as saying he had a current membership but was not the holder of a valid pilot certificate; neither was the aircraft registered at the time.

 

Seems like the appropriate situation in which to enliven the "bringing the Association into disrepute" provisions and ensure that membership is no longer an option.

 

Kaz

 

 

[jeffd]

how about dont wholly suspend the sentence and send him to jail to hav a think about what he did and what could have happened

 

 

[Montymagic]

How can there be such a thing as an unregistered RAA aircraft? Surely if it is unregistered then it is not affiliated with any body?

Sooo true.no rego no certificate yet the raa is branded as one of ours??? I hope he is never allowed to renew his membership

 

 

[Happyflyer]

So the penalty is wholly suspended. This clown does his act in full view of the public, on video and gets no penalty? Not much deterrent there. I am always amazed that the judiciary thinks a suspended sentence is a major penalty.

 

 

[Jaba-who]

So the penalty is wholly suspended. This clown does his act in full view of the public, on video and gets no penalty? Not much deterrent there. I am always amazed that the judiciary thinks a suspended sentence is a major penalty.

yep. means nothing at all. These blokes don't care that they have the record - because people who do this sort of stuff don't care.

The other laughable one is community service. No enforcement, no punishment for not turning up or for not actually doing the work and often no work to actually do that is allowed under the law.

 

I have a mate who was president of a pony club and was approached to see if the club had work needing done that could be done by several blokes on community service orders.

 

Yep, cleaning up the grounds, mowing, painting the club house etc.

 

Not one of the jobs could be done because the wrong-doers were not allowed to use dangerous machinery (lawn mower), dangerous power tools (sander, power drill) needed qualified tradesman to oversee and give safety instructions to use paint, thinners and cleaning solvents, could not be exposed to chemicals ("Round Up" and prepping agents for paint work) and could not work when the daily temperature exceeded a certain amount which it did every day from about 8:30 am. In the end there was not a single job they could complete and the jobs were done without problem by the club members and parents.

 

 

[old man emu]

I am always amazed that the judiciary thinks a suspended sentence is a major penalty.

The punitive decisions of the judiciary (criminal, civil and sporting) are further evidence that extra-terrestrials live amongst us.

 

OME

 

 

[kasper]

On RAA website. Advice of CASA Enforcement Action

 

March 11, 2015 | members

 

Members are advised of recent CASA enforcement action against a member resulting in the issue of a 6 month jail sentence, which was wholly suspended for two years provided he was of good behaviour.

 

In 2012, the member, while not holding an RA-Aus Pilot Certificate, flew an unregistered RA-Aus aircraft below 500 feet over a body of water, buzzing a water skier, subsequently crashing and destroying the aircraft.

 

He was found guilty of three breaches of the Civil Aviation Act and his actions brought our organisation into disrepute as a result.

 

RA-Aus reminds members of the continual need to operate in a safe and compliant manner to ensure our organisation continues to enjoy the privileges already granted and for the provision of additional privileges in the future.

Where on the website?

 

Oh there it is - log into members site, then go to Latest Notices.

 

Could this not have been put on the public side under news? It would present to the entire world (CASA included) that we are actually taking note of what members do AND making it known to all.

 

But back to the original content - only comment is what a twat - destroying a perfectly nice Sapphire and bringing the entire RAA into disrepute.

 

 

[jetjr]

That's what the smart alecs said at the time pm, and maybe part of it worked, but nobody was fooled about what the aircraft was and what body should have been administering it.I personally feel that this incident may have played a part in the four CASA Audits and the draconian focus on aircraft photos and signage.

So RAA should administer unregistered aircraft too??

 

The focus was brought by the fact people, inc RAA admin, werent abiding by or overseeing the existing regs adequately.

 

 

[turboplanner]

So RAA should administer unregistered aircraft too??The focus was brought by the fact people, inc RAA admin, werent abiding by or overseeing the existing regs adequately.

In short, Yes.

The police can charge you with reckless conduct if you are driving an unregistered car in a paddock - more or less the same issue as that aircraft.They can also breathalise you.

 

 

[facthunter]

IF an aircraft would not meet RAAus standards, but was being flown unlicenced/or with no valid certificate., why would the RAA be singled out as responsible. IF it weighed over 600 Kgs would that make a difference? I suggest it's CASA's problem, at the end of the day. Nev

 

 

[Bruce Tuncks]

I don't agree with a jail sentence in this case. Jail is very expensive and should be reserved for crazy violent people where you are afraid of what they will do if they are not locked up.

 

Jail is more expensive than the government providing extra places in medical school on scholarships.

 

In South Australia, there are over 2000 prisoners at over $300 a day each.. that's $600,000 a day. What a stupid way to waste money, as most of the inmates are there for non-violent things and you wouldn't be scared of meeting one down the street. As would be the case with this pilot, who was stupid and irresponsible but not a danger in the shopping center.

 

Not long ago we had a "thinker in residence" in South Australia who said this stuff, and I know the current government knows it too, but they reckon this jail stuff is what the public want and they would lose votes if they didn't steadily increase the prison population.

 

For myself, being bankrupted and disposessed would be far worse than being jailed for 6 months.

 

 

[facthunter]

You get a free education in Bluestsone College. If you don't go there as a criminal, you probably come out as one.

 

The rates of incarceration are a measure of social equity to a large extent. Check anywhere in the world for the connection. Unfortunately a party being hard on crime usually has an electoral advantage. PRIVATE GAOLS have no interest in rehabilitating criminals, and form a powerful lobby . $100,000 a year for each inmate. Good business to be in. When times are tough, your clientelle grows. Bit like Funeral servicing. Guaranteed steady flow of clients who are dying to use your services. Nev

 

 

[jetjr]

In short, Yes.The police can charge you with reckless conduct if you are driving an unregistered car in a paddock - more or less the same issue as that aircraft.They can also breathalise you.

Yes the police not the RMS, Vicroads etc

 

So RAA should setup new policing arm?

 

CASA have the enforcement task for aviation.

 

Sheds are full of unregistered/non-airworthy aircraft.

 

They are an administrator not regulator or enforcement.

 

 

[facthunter]

Turbo surely it would have to be "a Public Place" and can they come in my house and breathalise me? I'm sure they would only do that IF they had reason to believe I had driven intoxicated on a public road. I've also never had a farm vehicle registered that I didn't take on a road, nor do I believe I need to. Nev

 

 

[frank marriott]

In short, Yes.The police can charge you with reckless conduct if you are driving an unregistered car in a paddock - more or less the same issue as that aircraft.They can also breathalise you.

In short, NO.

 

Dangerous Operation etc. has nothing to with registration only behaviour and no you will not be charged with unregistered driving in a paddock - registration is completely irrelevant.

 

Drink Driving - look at the legislation it states "on a road or elsewhere" again nothing to do with registration.

 

 

[Tex]

A wholly (or partially) suspended jail sentence does not mean that he may not still go to jail. If he commits any offence punishable with a jail term (most are) within the operational period (2 years) then they return to court and revisit the suspended sentence as a breach (show cause). So it is an effective tool of deterrence (personal and general) against any offending without the expense of imprisonment; but that axe still hangs above his head.

 

 

[kasper]

Yes the police not the RMS, Vicroads etcSo RAA should setup new policing arm?

 

CASA have the enforcement task for aviation.

 

Sheds are full of unregistered/non-airworthy aircraft.

 

They are an administrator not regulator or enforcement.

Yes and no.

The RAA is both an administrator and regulator of aircraft and pilots within a limited realm of the ultralight aircraft in OZ.

 

The Admin part of RAA is easy to see and for the most part is done well - I'll ignore the lunacy of the tech office running mad in the mid 2000's because we are past that (even though there is lingering anger)

 

The regulator part is less easily seen and IMHO far less well delivered.

 

RAA are the regulator as WE set the OPs Manual and the Tech manual and regulate (in theory) our members as members.

 

Yes, CASA approve the OPs and Tech manuals but we write them so we are acting as the regulator here.

 

Hows that? Well you have to comply with the CAO and the OPs manual and the Tech manual and be a financial member of the RAA to fly the aircraft. So IF RAA have the power to remove membership then they are the final arbiter as regulator.

 

This thread started with a complete cluster f&%k of a twat who whilst a member of the RAA failed to comply with the CAO, the OPs manual and the Tech manual.

 

As far as the RAA actions in this case we are limited to revoking membership as ALL prosecution falls to CASA ... they did and that's that.

 

So as far as regulator in our realm its RAA but with very limited sanctions available of removal of membership or cancellation/suspension of registration/pilots certificate (but really badly written powers here)

 

If the aircraft/pilot is outside the register of the RAA then the regulator falls entirely to CASA.

 

Its muddy in parts because:

 

- if its over 600kg (or any appropriate MTOW) BUT is is operating with a regn as an ultralight then the Pilot (if correctly certificated by RAA) faces RAA on risk of pilot certificate restriction/removal and potentially membership removal

 

- if its an ultralight correctly registered BUT flown by a non-RAA certificated pilot the pilot can't be sanctioned by RAA only by CASA BUT the aircraft is registered with RAA and if we want to get serious then any RAA member who knowingly allowed this to happen faces membership removal (bringing RAA into disrepute)

 

Overall the two RAA manuals and our constitution are poorly structured and worded to cover the actual regulation that we have to deliver and we have not a great history of doing regulation well (in part hampered by the poor powers in our own documents) - if interested read the coronial findings on the Nth Qld trike accident a few years ago - I will not say RAA members involved are lying bastards but you might draw conclusions and ask what the hell did RAA do in relation to these people?

 

 

[turboplanner]

I agree dangerous operation has nothing to do with registration; my point was that just because an aircraft is unregistered it does not remove it from a self administering body if that body is charged with administering that specification and type of activity.

 

 

[Ron5335]

Armed with all the photos, evidence and witness statements of what took place, it still took 3 years & 3 months to reach this determination ???????

 

I would hate to see the what the total cost of this investigation incurred.

 

 

[Camel]

Armed with all the photos, evidence and witness statements of what took place, it still took 3 years & 3 months to reach this determination ???????I would hate to see the what the total cost of this investigation incurred.

I wonder how he pleaded, it's too funny and sad how CASA operate.