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National CAA policies around Europe on busting pilots who bust controlled airspace (and danger areas)

Per CAP1404, license suspension.

But it may not happen. Like the case of Noe here a year or so ago, it may help if you write a long grovelling essay showing how much you learnt from this and why it won’t happen again. However it may also be that Noe was let off because of the wide publicity on EuroGA

If I got done again I would publicise it in detail here, so everything is in the open.

Administrator
Shoreham EGKA, United Kingdom

It doesn’t encourage airline pilots to fly GA

LFOU, France

Jujupilote wrote:

It doesn’t encourage airline pilots to fly GA

@Jujupilote, some would say that it doesn’t encourage anyone to fly GA in the UK. :)

EGTR

More importantly IMHO it discourages people flying to the UK.

One little mistake and there is a real risk they will get pursued by their CAA on behalf of the UK one.

With two very brief (of the order of 1 min) busts in 2017 and 2019 (those two were just under 24 months apart) and having got the bogus exam and then gasco, I have to be incredibly careful until June 2021.

Administrator
Shoreham EGKA, United Kingdom

Losing licence PPL, CPL/FI or ATPL is the easy part, although on higher licences is lot of a financial worry

Getting criminal record after nipping Danger Area does not justify GA as full-time rewarding job (e.g. GA instructor) let alone as the free-time hobby pilots (e.g. burger runners)

For those who work in highly regulated industries (e.g. doctor, lawyer…), they better stay stay clean after their weekend burger runs

Ofc you will come across many UK pilots who think they are smart to avoid UK CAS busts but still very ignorant of the consequences and the process of doing so…also lot of them are 100% they will avoid CAS busts in the future, not because they have “solid flying framework” but mainly because of “selection bias” (they think pilots who busted CAS are just stupid, they did not take lot of time to examine that population & factors behind the busts)

Last Edited by Ibra at 03 Sep 13:26
Paris/Essex, France/UK, United Kingdom

Ibra wrote:

Getting criminal record after nipping Danger Area

For all the things I don’t like in the current CAP1404 process, at least one positive point is that your infringements stay between you and the CAA. No court involved, no official fine. Hence no criminal records.

Nympsfield, United Kingdom

Airborne_Again wrote:

I’m getting tired of the constant nagging on “Aeroclub presidents”.

That nagging will not stop, so time for the presidents to quit

I am sure Peter did not see all “Aeroclub presidents” the same for FIs, not all of them spend time flirting in ATOs, invite secretary to LeTouquet on student flight nor they all fly with fake ATPLs

Paris/Essex, France/UK, United Kingdom

Xtophe wrote:

For all the things I don’t like in the current CAP1404 process, at least one positive point is that your infringements stay between you and the CAA. No court involved, no official fine. Hence no criminal records.

The policy statement fo DA/TDA is slightly different, it’s no longer an MOR/DASOR reports (mandatory occurrence and defence reporting) but plus a CA939 report (alleged infringement of Air Navigation legislation report), while for now it’s just the question of which report colour or template one pick, as the rest of the process is basically the same, but if things go to courts or off track, I think the colour of those reports matters, if not why one can’t just use MOR for DA/TDA busts?

Policy document (local copy already posted here)

Last Edited by Ibra at 03 Sep 13:53
Paris/Essex, France/UK, United Kingdom

For all the things I don’t like in the current CAP1404 process, at least one positive point is that your infringements stay between you and the CAA. No court involved, no official fine. Hence no criminal records.

[the CAA man who doesn’t want his name posted, but since a few k pilots have got a nasty letter from him, it is totally in the public domain] has stated that every infringement is a criminal offence. I can’t find the reference right now… but the ANO is wholly criminal law.

It is true that you do not – unless it goes to a Court and you are convicted, or plead G – get a criminal record on the Police National Computer but that’s almost irrelevant since such a record is not going to affect the sentence you get if convicted subsequently of, say, messing with underage girls It also would not affect an application for say an FAC.

But it also means that you do not have your side heard. Yeah, you write that report to NATS and then you write the same report to the CAA. Then [the man…] sentences you, behind closed doors, to one of the available actions. This is OK if you just get the warning letter and then you emigrate. For all others, you are now “on notice” that next time it will be more serious.

Some may regard this as cheap justice / good value for money. And it is – same as pleading G for doing 55 in a 30 and getting a £50 fine (this is way back ) when actually you were doing 45 and the 55 was someone overtaking you, who got away. Any solicitor would suggest pleading G then even if you can prove you didn’t do 55. But it stinks. It’s probably a sign of advancing age that some, like me, don’t like this

Now consider how much “you” have spent on getting where you are. A PPL will have spent 10-15k, plus perhaps 5 or even 6 digits on flying since. A PPL+IR will cost most people 20-30k. All this is at risk.

And [the man…] has the power to take this investment away from you, without you having a right to be heard. All you had to do was to chat to a passenger and clip a corner of CAS, or go 100ft into CAS for 10 seconds.

Then your insurance premiums… If you are in a syndicate, the whole group gets hit if one member gets hit.

Personally, I think this smells really bad.

It should be a much more graduated punishment scale.

There is something badly broken in the CAA for allowing this to continue, and I am saying this because I happen to know that even if it may have been a freelance operation within the CAA in the past, the whole board is well aware of it now.

Re “club presidents” I was not saying they are all the same

Administrator
Shoreham EGKA, United Kingdom

As a Registered Teacher in Scotland, all convictions would be reported to the GTC, which could have taken my livelihood away, but I would have been entitled to a hearing.
However the CAA might have legal and constitutional problems with their actions. Although they have full authority over Scottish airspace, it is under Scottish, not English Law.

Maoraigh
EGPE, United Kingdom
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