1. 47 th 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

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? Flight review current? Three or more take-offs and landings in the past 90 days? Maps and charts current? Weather info NOTAMS & flight plan Alcohol & drugs? YES

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.Class A airspace

32. Instrument flight rules - IFR

34. Accident investigation - Causes

35. LHR Aerodrome chart

36. LHR NDB RWY 30 Approach

37. RWY 30 RNAV (GNSS) LHR

38. RWY 12 RNAV (GNSS) LHR

39. Runway 12 RNAV (GNSS) LHR

40. LHR - Descent profile

41. LHR – controlled flight into terrain in IMC

42. Arriving at Hamilton Island – Airport Information for Pilots

43. Instrument Approaches – Hamilton Island NDB

44. Instrument Approaches – Hamilton Island VOR

45. Instrument Approaches – Hamilton Island RNAV/GNSS

51. Campaign to increase 1996 air passenger compensation caps