47th 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 Negligence Claims against Pilots in Light Aircraft Accidents Light Aircraft Accidents

Peter CarterPeter Carter

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

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

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.

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”)

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

State laws – negligence claims

• Civil Liability Act 2002

• Personal Injuries Proceedings Act 2002

• Air Navigation Act 1937 (Qld)

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

Self regulation

Self regulation

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

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))

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.

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

Weather conditions at destination

Domestic Flight Plan Form

Legal requirements - pilot

Licence/Medical current?

Flight review current?

Three or more take-offs andlandings in the past 90 days?

Maps and charts current?

Weather info NOTAMS& flight plan

Alcohol & drugs?

YES

YES

YES

YES

YES

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

Maintenance release - CAR 43, 43B

- Permissible unserviceabilities to be entered

- Hours in service to be entered daily

- Daily inspection to be signed off daily

Weight & Balance – CAR235

Alcohol & Drugs

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

• Drugs:

Fuel Reserve

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)

Flight classification

• Visual flight rules (VFR) – VMC

• Instrument flight rules (IFR) - IMC

Visual Meteorological Conditions (VMC)

Night VMC

Airspace

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

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

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.

Instrument flight rules - IFR

Accident investigation - Causes

LHR Aerodrome chart

LHR NDB RWY 30 Approach

RWY 30 RNAV (GNSS) LHR

RWY 12 RNAV (GNSS)LHR

Runway 12 RNAV (GNSS)LHR

LHR - Descent profile

LHR – controlled flight into terrain in IMC

Arriving at Hamilton Island – Airport Information for Pilots

Instrument Approaches – Hamilton Island

• NDB

Instrument Approaches – Hamilton Island

• VOR

Instrument Approaches – Hamilton Island

• RNAV/GNSS

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