Unauthorised Aviation Operations - by Iain Clarke – SAFA Safety Management Officer

Greetings fellow pilots.

In the past few months, we have seen a couple of accidents involving pilots flying Speed Wings (parakites). For yours and the public’s safety, I would Iike to reiterate and remind you all that to fly any of our aircraft – including speed wings, parakites, whatever – you need to be properly authorised by holding the appropriate qualification or endorsement.

It is crucial that we all understand the authorisations and endorsements necessary to operate the specific aircraft we intend to fly. Further information can be obtained in the ‘Qualification Manual’ which outlines the authorisations and endorsements needed for specific aircraft, including Speed Wings.

 In the case of Speed Wings, the Qualifi- cations Manual provides detailed informa- tion on the definition of a Speed Wings.

For example:

3.14.2.5 Speed Wing Endorsement (Freestyle, Mini, Speed, Parakite or Acrobatic Wing)

 This endorsement applies to all wings including freestyle, mini wings, speed wings, parakite, acrobatic or similar (however named) wings, that involve operating at a wing loading over 5kg per square metre (flat area) or is defined or described by the manufacturer as a freestyle, mini, speed, parakite, acrobatic wing, or similar.

The manual can be found in the ‘Members’ Area’ of the SAFA website. Look under ‘Documents’ and go to ‘Manuals – Part 149’. Operating an aircraft without the necessary training and authorisation poses a substantial risk, potentially resulting in severe consequences, not only for the individual operating the aircraft (serious injury or death), but also for all pilots in the event of an unforeseen circumstance.

Insurance coverage: Understanding the extent of protection
SAFA carries Public Liability Insurance policies that cover the aviation operations and non-aviation activities of our financial members. These policies provide coverage against injury to third-parties or damage to their property arising from an accident involving a member of SAFA. However,

for these policies to be in effect, you must be a current financial member of SAFA, and be properly authorised to conduct the aviation activities/operations in which you are engaged. If you are not properly authorised or are acting in a blatantly negligent or dangerous manner, or not operating within the site rules, our insurer would be within their rights to refuse cover.

What would this mean for you? In the event of a claim being made against you, the legal and financial liabilities would be for you to deal with! You could expect to have to defend against a civil litigation case without any assistance from SAFA’s insurer or their legal team, and in the case of flying without holding the proper authorisation, you could also face charges being pursued for operating an aircraft unlawfully. However, the situation may not conclude there.
Many of our sites are managed by our clubs or Regional Associations under licence from the landowner, which can be
the Crown, meaning a Commonwealth, State, or Local government, or their agencies. The terms of these licences typically stipulate that flight operations be conducted by appropriately authorised financial SAFA members, usually also those who are members of the club or association managing the site (visiting or otherwise) and are properly authorised to conduct their flight operations. In the event of an accident where a member of the public was injured (or property damaged) by a pilot who was not covered by our insurance policies for any of the reasons outlined above, the landowner (e.g., council or government body) issuing the licence would quite reasonably be asking serious questions of the site manager, which, if not answered to their satisfaction, could lead to loss of the site.

Let’s just picture that for a minute. Imagine the outcry if a worldfamous, historically significant flying site such as Bald Hill was lost to us as a free-flying site all because of an unlawful or unauthorised flight operation that went wrong.
It would reverberate around the world!

Which leads us to what to do if you become aware of unauthorised or unlawful operations occurring.

What can you do if you see someone flying unauthorised or posing a risk?
As a first step, we’re not insisting you dob them in, if you are comfortable doing so, approach them and ask them what they’re doing. Point out to them the risk they are placing themselves in, the risk to others as well as the risk to site usage. If you aren’t comfortable with this approach, or don’t get a reasonable response – e.g., ‘sorry, won’t do it again’, ‘I will go get the proper authorisation’, etc. – then you should tell the club’s safety officers and let the club pursue the matter.

If the individuals continue to engage in unlawful flying or pose a genuine risk to themselves or the public, you can gather evidence (such as footage) and report the incident to the appropriate authorities (e.g., by calling the police). Additionally, you have the option of reporting the matter to the SAFA ops@safa.asn.au.

The SAFA website provides various tools to assist you in this process. Although this action may not immediately eliminate the risks, it will aid us in identifying the pilot and implementing appropriate post-action measures.

Site management
If you have not done so already, I strongly recommend that all club officials have a read of the ‘SAFA Policy on Site Man- agement’, available in the ‘Documents’ section of the Members’ Area of the SAFA website. Look under ‘Policies and Safety Management’.

Site managers should be concerned about unlawful or unauthorised operations occurring at their sites – it’s placing the site at risk. Doing nothing is just enabling the behaviour, is a significant indicator of a poor safety culture, and is putting your sites at risk of closure. If site managers are not getting a satisfactory outcome, then it’s time to report it to SAFA.

Enforcement and disciplinary procedures
Once Ops become involved, where substantiated in accordance with our procedures, there is a scaled response typically commencing with a warning letter (for first time occurrence). Subsequently, the process unfolds through CASA, and I can tell you that failing to comply with the Civil Aviation Act Section 20AB can be expensive. This may result in substantial financial penalties and, in severe cases, can lead to CASA choosing to prosecute the case, where a guilty finding results in a criminal conviction. As you can imagine, this process entails significant time and effort, which are collectively borne by all SAFA members – – time and effort which is redirected from more productive tasks that would directly benefit all members.

It does not take much effort to fly lawful- ly. Have a read of the ‘Qualification Manual’ to see what the requirements are for obtaining a qualification or endorsement, and understand the limitations placed on those authorisations.

 Engaging in our aviation activities requires patience – both on the hill and in developing and acquiring the skills to ensure you can fly safely. You achieve nothing by rushing the process, other than putting yourself, the site and others at risk, and/or making yourself a target for an enforcement action.

 
Fly safely and responsibly.