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47 th Annual QLS Vincent’s Symposium 27/03/09

47 th Annual QLS Vincent’s Symposium 27/03/09. Negligence Claims against Pilots in Light Aircraft Accidents Peter Carter, Carter Capner Law. Negligence Claims against Pilots in Light Aircraft Accidents Peter Carter. http://www.cartercapner.com.au/resources/mediacentre/articles/.

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47 th Annual QLS Vincent’s Symposium 27/03/09

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  1. 47th Annual QLS Vincent’s Symposium 27/03/09 Negligence Claims against Pilots in Light Aircraft Accidents Peter Carter, Carter Capner Law

  2. Negligence Claims against Pilots in Light Aircraft Accidents Peter Carter

  3. http://www.cartercapner.com.au/resources/mediacentre/articles/http://www.cartercapner.com.au/resources/mediacentre/articles/

  4. Negligence claims against pilots • Legislative background • Pilot training, qualifications and licensing • Legal requirements – pilots • Legal requirements – aircraft • Flight classification – VFR & IFR • Negligent flight – some examples

  5. Air Legislation • Federal power - s 51 (i) trade and commerce • Validated by High Court Australian National Airways Pty Ltd v Commonwealth (1945) 71 CLR 29.

  6. Regulatory framework • Civil Aviation Act 1988 (“CAA)” • Civil Aviation Regulations 1988 (“CAR 1988s) • Civil Aviation Safety Regulations 1998 (“CASRs”) • Civil Aviation Orders (“CAOs”) • Civil Aviation Advisory Publications (“CAAPs) • Manuals of Standards • Advisory Circulars (“ACs”) • Airworthiness Directives (“ADs”)

  7. Federal bodies • Civil Aviation Safety Authority (“CASA”) –regulation, oversight, enforcement and prosecution • Air Services Australia ("ASA") – Airways & air traffic control • Australian Transport Safety Bureau – Accident investigation - Chicago Convention (does not assign blame) • Airports privatised

  8. State laws – negligence claims • Civil Liability Act 2002 • Personal Injuries Proceedings Act 2002 • Air Navigation Act 1937 (Qld)

  9. Air carriage claims • Not based on negligence • 2 yr limitation period • Cap on damages • Dependant on the occurrence of an “accident” - Federal & State statutes import provisions of Article 17 of both the Montreal (Federal only since 24/01/09) and Warsaw and subsequent Conventions

  10. Self regulation

  11. Self regulation

  12. Pilot training, qualifications and licensing • Extensive training: CAR 5.59 • PPL/CPL/ATPL licence – authorises holder to fly as pilot in command (CAR 5.71) • Ratings – instructor(40.1.7); instrument(40.2.3); night(40.2.2): references to Part 40 Civil Aviation Orders • Endorsements – aerobatic, multi-engine

  13. Legal requirements - pilot • Current licence: CAR 5.12 – permanently valid • Current Medical • Flight Review: for PPL every 2 years (CAR 5.81) • Recency: CAR 5.82 • Personal pilot log book: must maintain & retain as long as licence held - (CAR 5.53(1))

  14. Legal requirements – flight planning • CAR 239 • Pilots must study all available flight information appropriate to the intended operation and plan their flight including: • Weather reports and forecasts; • Airways facilities available enroute (eg beacons; VHF frequencies); • Condition of airports to be used; • Appropriate air traffic control rules.

  15. Legal requirements – flight planning • CAR 241: Certain classes of flight require written flight plan (by Internet, or fax) to ATC. Not required for VFR flight • Meteorological conditions at destination – minima – alternate – fuel: CAR 234 • The pilot must promptly report flight deviations: AIP ENR 70.1

  16. Weather conditions at destination

  17. Domestic Flight Plan Form

  18. Legal requirements - pilot Licence/Medical current? YES Flight review current? YES Three or more take-offs and landings in the past 90 days? YES Maps and charts current? YES Weather info NOTAMS & flight plan YES Alcohol & drugs?

  19. Legal requirements - Aircraft • Aircraft must be safe for flight - CAR 233 • CASA schedule 5 - daily inspection • Maintenance release – CAR 43 • Weight & Balance – CAR 235 • Fuel – CAR 220 & 234 • Safety equipment – life vests; raft; ELT etc - ERSA • Suitability of aerodromes – CAR 92, 235A, 244, 92

  20. Maintenance release - CAR 43, 43B - Permissible unserviceabilities to be entered • Hours in service to be entered daily • Daily inspection to be signed off daily

  21. Weight & Balance – CAR235

  22. Alcohol & Drugs • Alcohol limit: 0.02 (Subpart 99.C, CASR); • Drugs:

  23. Fuel Reserve

  24. Aerodromes • Length/width: CAR 235A (different for different types of aircraft) • Obstacles: CAR 244 • Surface (must be clear of obstacles by visual inspection, CAR 92) • Permissions (required from owners of private landing strips) • Condition (must be clear of obstacles by visual inspection, CAR 92)

  25. Flight classification • Visual flight rules (VFR) – VMC • Instrument flight rules (IFR) - IMC

  26. Visual Meteorological Conditions (VMC)

  27. Night VMC

  28. Airspace

  29. Visual Flight Rules • Rule is to “see and avoid” (CAR 161, 163A) • Not doing so is an offence of strict liability liable to fine of 25 penalty units • If weather is VMC pilot must fly according to VFR (CAR 171, 174, 174D), Eg: • maintaining separation from cloud and flight visibility as determined from the cockpit; • navigating by reference to land or water; and • not enter controlled airspace where may infringe IFR aircraft flight paths • Non compliance is an offence of strict liability liable to fine of 25 penalty units

  30. VFR – separation and minimum heights • PIC must not fly over any populated area at a height lower than 1000ft or any other area at a height lower than 500ft; • Height is measured above the highest point of the terrain and any object on it within a radius of 600m • Exceptions include for training, some helicopter operations and in emergencies

  31. Instrument flight rules (IFR) & Instrument Meteorological Conditions (IMC) • CAR 175 – IFR flight is flying in weather conditions that are other than VMC (ie, Instrument Meteorological Conditions); • Instrument Flight Rules are used by jet aircraft, and most large commercial flights. Instrument flying uses sophisticated navigation equipment which allows the aircraft to fly in virtually all weather. • Class A airspace can only be flown by aircraft using Instrument Flight Rules.

  32. Instrument flight rules - IFR

  33. Accident investigation - Causes

  34. LHR Aerodrome chart

  35. LHR NDB RWY 30 Approach

  36. RWY 30 RNAV (GNSS) LHR

  37. RWY 12 RNAV (GNSS)LHR

  38. Runway 12 RNAV (GNSS)LHR

  39. LHR - Descent profile

  40. LHR – controlled flight into terrain in IMC

  41. Arriving at Hamilton Island – Airport Information for Pilots

  42. Instrument Approaches – Hamilton Island • NDB

  43. Instrument Approaches – Hamilton Island • VOR

  44. Instrument Approaches – Hamilton Island • RNAV/GNSS

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