And so it begins:-
A while back I mentioned the complex, powerful ‘obligations’ placed on the registered owner of an aircraft and the registered ‘operator’. Curious, I kept a weather eye on ‘proceedings’. Looks like the trail to the AATA is running hot with our old mate Egon Fice as umpire for CASA v Owner/Operator word fest. The transcript and decision provide a classic example of the complexities of aviation law, the contradictions and the CASA use of the that situation.
The nailing down of the ‘legal’ operator and registered owner becomes important when the blame game begins, as it must when insurance, coroner, operator, owner and CASA meet to determine who did what, to whom and how much it’s all going to cost. Reading through the Fice ruling one gets the feeling that there is much more to follow and this is only the opening gambit.
1. On 16 March 2017 Australian Corporate Jet Centres Pty Ltd (ACJC) lodged an application with the Tribunal seeking review of a decision made by the Civil Aviation Safety Authority (CASA) on 16 February 2017 which it claimed it received on 22 February 2017. CASA’s decision was to amend the Australian Civil Aircraft Register (the Register) to show that ACJC was the Registered Operator of a Raytheon Aircraft Company B 200 (King Air) aircraft registration VH-ZCR. That aircraft was destroyed in an accident at Essendon airport on 21 February 2017 at about 9 a.m.
2. In its application, ACJC claimed that it had no involvement in the operation of the flight on 21 February 2017. The charter was not booked through ACJC; it was not conducted under ACJC’s Air Operator Certificate (AOC); and ACJC did not provide the flight crew or prepare the aircraft for flight. Furthermore, ACJC claimed that at no stage prior to the accident did CASA advise ACJC that it was considering reversing a prior refusal to register ACJC as the Registered Operator.
3. There being a question about the jurisdiction of the Tribunal to review either the decision made by CASA on 16 February 2017 or earlier decisions made by CASA following the lodgement of a Notice of Appointment/Cancellation of Registered Operator by the then current Registration Holder, BB1544 Pty Ltd, I need to briefly set out the events leading to that decision.
Students of matters aeronautical will appreciate the positioning and pre game manoeuvring as the denizens of Sleepy Hollow begin preparations for the match. But, selecting the pre game sacrifice always comes first. However:-
PRACTICE AND PROCEDURE – JURISDICTION – application for review of decision to amend Australian Civil Aircraft Register to show that applicant was Registered Operator of aircraft – applicant concedes that there is no jurisdiction to review decision as expressed in application for review – application for review of earlier refusal to register applicant as Registered Operator raised at jurisdiction hearing – whether a ‘reviewable decision’ within the definition in the Civil Aviation Act – refusal to amend Register cannot be regarded as refusal to grant or issue certificate – refusal to process application and amend Register does not constitute a variation of an authorisation – matter dismissed for want of jurisdiction.
Toot toot. (Find a cuppa and a quiet corner, messy, but worth it).
PS. Just noted the inimitable 'Short-Field' trading on the UP boards is also 'on the ball'. Choc Frog.
PPS. As requested – and to save repeating myself, links : One - Two - Three try to expand on the CASA position as explained to the Senate RRAT committee at the last estimates hearing. Only IMO of course; but FWIW,…….
A while back I mentioned the complex, powerful ‘obligations’ placed on the registered owner of an aircraft and the registered ‘operator’. Curious, I kept a weather eye on ‘proceedings’. Looks like the trail to the AATA is running hot with our old mate Egon Fice as umpire for CASA v Owner/Operator word fest. The transcript and decision provide a classic example of the complexities of aviation law, the contradictions and the CASA use of the that situation.
The nailing down of the ‘legal’ operator and registered owner becomes important when the blame game begins, as it must when insurance, coroner, operator, owner and CASA meet to determine who did what, to whom and how much it’s all going to cost. Reading through the Fice ruling one gets the feeling that there is much more to follow and this is only the opening gambit.
1. On 16 March 2017 Australian Corporate Jet Centres Pty Ltd (ACJC) lodged an application with the Tribunal seeking review of a decision made by the Civil Aviation Safety Authority (CASA) on 16 February 2017 which it claimed it received on 22 February 2017. CASA’s decision was to amend the Australian Civil Aircraft Register (the Register) to show that ACJC was the Registered Operator of a Raytheon Aircraft Company B 200 (King Air) aircraft registration VH-ZCR. That aircraft was destroyed in an accident at Essendon airport on 21 February 2017 at about 9 a.m.
2. In its application, ACJC claimed that it had no involvement in the operation of the flight on 21 February 2017. The charter was not booked through ACJC; it was not conducted under ACJC’s Air Operator Certificate (AOC); and ACJC did not provide the flight crew or prepare the aircraft for flight. Furthermore, ACJC claimed that at no stage prior to the accident did CASA advise ACJC that it was considering reversing a prior refusal to register ACJC as the Registered Operator.
3. There being a question about the jurisdiction of the Tribunal to review either the decision made by CASA on 16 February 2017 or earlier decisions made by CASA following the lodgement of a Notice of Appointment/Cancellation of Registered Operator by the then current Registration Holder, BB1544 Pty Ltd, I need to briefly set out the events leading to that decision.
Students of matters aeronautical will appreciate the positioning and pre game manoeuvring as the denizens of Sleepy Hollow begin preparations for the match. But, selecting the pre game sacrifice always comes first. However:-
PRACTICE AND PROCEDURE – JURISDICTION – application for review of decision to amend Australian Civil Aircraft Register to show that applicant was Registered Operator of aircraft – applicant concedes that there is no jurisdiction to review decision as expressed in application for review – application for review of earlier refusal to register applicant as Registered Operator raised at jurisdiction hearing – whether a ‘reviewable decision’ within the definition in the Civil Aviation Act – refusal to amend Register cannot be regarded as refusal to grant or issue certificate – refusal to process application and amend Register does not constitute a variation of an authorisation – matter dismissed for want of jurisdiction.
Toot toot. (Find a cuppa and a quiet corner, messy, but worth it).
PS. Just noted the inimitable 'Short-Field' trading on the UP boards is also 'on the ball'. Choc Frog.
PPS. As requested – and to save repeating myself, links : One - Two - Three try to expand on the CASA position as explained to the Senate RRAT committee at the last estimates hearing. Only IMO of course; but FWIW,…….