Aviation warning by judge

Press, 14 August 1980, Page 19

Aviation warning by judge

PA Tauranga A warning about pilots and aviation authorities becoming casual has been given by Judge Wilson in the District Court at Tauranga. The Judge gave the warning after hearing .a case against an air traffic controller fined for failing to conform with a flight pattern of other aircraft and failing to complete a load-sheet. Grant Gordon Spence, aged 23, of Tauranga. initially denied three charges. After the hearing began he admitted two charges and the third was withdrawn. Mr P. J. Savage, for the Civil Aviation Divison of the Ministry of Transport, said Spence flew to White Island with five passengers on September 23 last year. He did not fill out a load-sheet to indicate the weight of passengers and luggage before leaving Tauranga. While on the return flight from the island, he was told by aviation authorities in Rotorua that flying competitions were being held at Kawerau and that they could be worth looking at. - . Approaching' Kawerau, Spence advised the. competing aircraft that he was south-east of ’ the airfield and .would pass • it ■■ at a

height of 500 ft. He was not aware that the competitions were carried out on circuits of 500 ft, and was in fact approaching Kawerau airfield from the north-west, Mr Savage said.

As Spence’s aircraft neared the field, a Cessna was taking off. Spence advised the Cessna of his position, but was flying against the flight pattern of the Cessna, Mr Savage said.

The pilot of the Cessna was able to change course before there was any danger.

Counsel, Mr J. L. Saunders, submitted that the charge for not filling out a load-sheet was technical, as Spence had checked on the weight of his passengers before taking off. The Rotorua control tower had advised him that competitions were being held at Kawerau, but did not tell him they were bombing competitions. As Spence had not participated in bombing competitions, he was not aware they were usually held at heights of 500 ft at airfields without air traffic control, such as Kawerau, Mr Saunders said. \ 5

The competition, run by the Rotorua Aero Club, was in; fact a contravention of regulations as no ' evidence was given

that permission for the competitions was granted, he said. Had the Civil Aviation authorities sent out proper notification of that event, Spence would not _ have approached the airfield from the direction he did. He had advised the Cessna on two more occasions of his position ‘ but the Cessna pilot did not hear his call, possibly because of engine noise. Although there was a potential for danger in the incident, no danger had arisen..

Spence was an experienced pilot, having flown more than 760 hours and having been an air traffic controller for four years, Mr Saunders said. . *'

The Judge said he was concerned about, “the almost-casual attitude” of both Spence and the Civil Aviation Division. He said Spence initially should have notified Rotorua Airport of his intention to extend his flight He should also have inquired through Rotorua ’ what type of competitions were being held at Kawerau. However, the Civil Aviation authorities were also careless in not ensuring a proper notification was made of the competitions, the Judge said. “Everyone is familiar with the large number of near-misses, and accidents

which take place in our air spaces,” he said. “This must put a great deal of responsibility on both pilots and Civil Aviation.” On the. charge of failing to fill out a load-sheet, the Judge fined Spence $4O and ordered him to pay $l2O solicitors’ fees. For failing to conform with the pattern of air traffic, he fined Spence $4OO and ordered him to pay $l2O solicitors’ fees;