kaz3g

Sale of Goods Act 1923 (NSW): s 22(1) "Where there is a contract for the sale of specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred."

 

Most contracts are simple ones and are often either not reduced into writing (oral) or are only summarised in writing such as by tendering payment and the giving of a receipt.

 

Thus, "if the goods have been paid for but remain in the possession of the vendor, unless the contract says differently ownership (and risk) is vested in the purchaser..."

 

It seems that if the seller and buyer agree (in writing?) that ownership of goods transfers to the buyer when the goods are paid (i.e. a term of contract), they are no longer "goods" of the pilot delivering them ...

 

True....

 

"...and therefore not classed as commercial goods for the purposes of reg 206."

 

Not necessarily. Their carriage remains a commercial operation if there is "an implied term that delivery would be provided as a condition of the sale".

 

The problem we all face is that CASA has very deep pockets and I doubt many of us could afford the cost - or the consequences - of losing a test case.

 

kaz

 

I do not practice in the areas of commercial or aviation law. All comments expressed above are therefore my personal views and do not constitute a considered legal opinion. If you require legal advice you should approach a practitioner who is qualified in the appropriate jurisdiction.

 

 

Does anyone know what the law is regarding electronic transactions and when goods become the property of the purchaser? Is it at the moment the goods are paid for, or when the purchaser receives the goods?

Ownership of the goods passes when the requirements of the contract have been met.

 

A really good source of legal info is the Fitzroy Legal Service Law Handbook which is now available online. There is information on the "elements of a contract" at http://www.lawhandbook.org.au/

 

If the goods have been paid for but remain in the possession of the vendor, unless the contract says differently ownership is vested in the purchaser. The question for our erstwhile tax-minimising pilot will be whether there was an implied term that delivery would be provided as a condition of the sale. If yes, then I suggest the regulation would be contravened.

 

kaz

 

 

the following commercial purposes are prescribed: ....

 

(viii) carriage, for the purposes of trade, of goods being the property of the pilot, the owner or the hirer of the aircraft

 

"

 

Reg 206 in its current form would suggest that if I carry my 'goods' for the purposes of trade e.g tools, computer, books (the regulation specifically says 'goods') on my aircraft to a customers premises for the purposes of trade, then that is a commercial operation and must be carried out under an AOC."

 

In my view, if you are carrying your tools, computer and books for the purpose of using them in your business at some place near your destination they are not "goods" and there is no contravention of the regulation. If you are carrying them for trade, ie sale or barter, then there is a real problem.

 

I wrote to Legal Counsel at CASA seeking an opinion on this question previously and received no reply.

 

kaz

 

 

If the ABC's report of the pilot tourist operator's statement is correct, they had no water and no EPIRB. We all know that an EPIRB is now a mandatory item of equipment for any cross-country flight.

 

In remote areas, so is water!

 

CAO 20.11 states that aircraft flying in designated remote areas must carry survival equipment suitable for sustaining life in the area over which flight is planned.

 

People have perished in that country in not much more than 24 hours wthout water so you have to wonder, don't you?

 

kaz

 

 

Shades of nostalgia!!!

 

The Burringurrah Aboriginal Community now exists on what used to be Mt James Station in the Upper Gascoyne... I know because I owned Cobra Station on its northern boundary back around the late 70's.

 

I remember an incident there which occurred during a period when the station had been "abandoned" due to the then drought and low stock prices. A part-Aboriginal guy who looked like John Wayne, complete with black 10 gallon hat and an eye patch, had squatted there and was helping himself to some cattle roaming around that and probably the surrounding properties.

 

The place was then sold to a foreign gentleman, the "Count" who arrived in a French 4-seater - damned if I can rememer the make - only to be met by the above-mentioned cowboy complete with .303.

 

Police from Carnarvon and Meekatharra were sent out as reinforcements for our one lone policeman (his patrol covered around 30,000 sq miles) and, after a short seige, the said gentleman was arrested. It was funny afterwards, but pretty serious at the time.

 

We never did see the "Count" again....

 

On Boxing day I spoke to Jim Millar who is the current owner of Cobra. He told me that the Lands Department will not be renewing his lease after 2012 and the Conservation department has already started to pull the 60+ windmills in preparation to returning it to its pre-European condition. There is no permanent water on Cobra and this action means countless thousands of birds, reptiles and mammals will perish once it dries out again. It's not a big place - around 600 sq miles - but it has an incredible history and it will be a shame to see the old homestead, the Bangemall pub and other historic sites slowly disintegrate... sigh

 

If anyone is doing a trip over that way, Jim has some very cheap cabin accommodation, takes tours around the old gold mines and nearby Mt Augustus, and leads swimming parties to Eedathanna Pool. The airstrip is only a couple of hundred yards from the pub. See it while you can.

 

kaz

 

 

Like a motor vehicle used for business purposes, an aircraft and /or its operating costs may be an allowable deduction against a business income. There are lots of things to be considered including the reasonableness of the costs incurred against the income and savings generated.

 

I would think it a wise move indeed to speak to a good accountant before making any decision.

 

Good luck

 

kaz

 

 

This site seems to be doing a fair job of getting people to think about recreational flying.

 

I just had a look at the "stats" and see there are currently 31 members and 28 guests online right now!

 

JOIN THE FUN ON THIS LIST YOU VISITORS... WE ARE ALL FRIENDLY HERE!!!

 

kaz

 

 

I use AirNav with a garmin but the Sentient support is realy good so you might try asking Paul Boxer or Noelle at

 

[email protected]; <[email protected]>; Noelle St Flour <[email protected]>

 

hope this helps

 

kaz

 

 

NASA and CASA at first blush seem almost diametrically opposed whereas the truth seems somewhere in the middle!

 

Someone else who has written of such things is Jim Davis whose book I think should be on everyone's shelf despite him taking a position at the NASA end of the spectrum on this occasion http://www.jimdavis.com.au/index.php?pid=3

 

I'm not a huge fan of Wikipedia but this discussion seems to have adequate bona fides as DJP can no doubt attest from his own professional background http://en.wikipedia.org/wiki/Bernoulli's_principle

 

kaz

 

 

I know nothing about the rules for gyros but I thank Russ for his explanatory note.

 

It strikes me as important for those who are coming into this space early in their flying careers that we spell out in our posts such variations as may exist between categories of flying machine so that we don't inadvertently mislead someone to their later detriment.

 

kaz

 

 

Most taildraggers have lots of rudder that are meant to be used for their design purpose rather than as footstops. Taildragger pilots tend to balance their aeroplanes better in turns because they are more attuned to every movement of that little black ball. Taildraggers are inherently unstable in the landing roll.

 

Many tricycles have less rudder and the need for them on touchdown is also less because of their inherent stability in the rollout. Therefore the conversion from taildragger to tricycle is an easier one than the other way.

 

I would have said the biggest and most common mistake in tricycles is landing nosewheel first (wheelbarrowing) and again, as a taildragger trained pilot, you will be more likely to hold the nose off until the aeroplane truly stops flying.

 

kaz

 

 

Also RVAC at Coldstream 9739 1406 in the Yarra Valley class G

 

kaz

 

 

Bryon said:

 

The one thing I have noticed is that now I am constantly scanning the ground around for possible landing sites and planning how to get there if need be.

 

This has sort of improved my situational awareness as I now look more seriously at the landscape and my position along the track

 

Great outcome, mate and congratulations on walking away.

 

Much of my early flying was in gliders and I learned at the outset to fly from one outlanding possibility to the next... I still keep looking for them and always feel better when I have one in sight even now. The 0-320 Lycoming is probably the second most reliable engine around but it's good to have that option available.

 

kaz

 

 

No. I use a GlobalSat bluetooth 20 channel GPS navigation receiver (GPS mouse) with my laptop which is connected to a 5"TFT screen in the cockpit and it works a treat. The GPS battery lasts around 10 hours of flight time, has an automatic battery saver if not talking to the laptop and I can charge it in flight from a cigar lighter fitting if I need to. The laptop, the 5" screen and a Garmin 295 also run off the aircraft 12v system in flight.

 

I find this takes a lot of the load off me on longer flights but the Airnav allows me to follow my progress on my paper charts with exceptional accuracy so if I was to lose everthing I'd still have a current fix.

 

How do you find the Nokia as a GPS signal source?

 

kaz

 

 

What about that little catch called ADS-B?

 

kaz

 

 

Mozartmerv said:

 

Thats good Kaz, no-one is trying to disswade you from what you have been taught.

 

The common point made by many is that the mile marks are constant. The thing that is not constant is the groundspeed. So it could take you 10 minutes to get to your next marker, or it could take 5 minutes.So while the distance between your lines on the map is constant, the time intervals can be vastly varied....

 

Yes, absolutely true. But I think the correct place to record times is on your flight plan, not on your chart. I record estimated times between known points based on my weather forecast and actual times elapsed. From those I calculate revised estimates for remaining legs as necessary.

 

My original point holds true, however. Do you really think it will be a simple job to find you if you call "105 minutes SE of BHI"? Or worse, do you think you can do the arithmetic to convert your revised time intervals remaining to miles when the fan stops? Now let's see, I TAS at 100 but the majority of Austers only do 80 so in 105 minutes I have travelled 175 miles and another may have travelled only 140 miles. That means the missing aircraft is somewhere in a circle of around 2700 sq miles. Sure, you can narrow it down (can you?) by giving a pretty good estimate of the track made good from your heading and your last fix but it still makes that search a more difficult job.

 

It's easy when the distances are small and there are lots of features to use for a fix, but it's not so easy when you are crossing 100's of miles of sameness way outback.

 

Good discussion if we all keep our minds working on criticisms of the argument and not a particular proponent.

 

kaz

 

 

Tomo said:

 

I just mark 10nm on the map along the track, makes it easier to calculate the leg distance as well...

 

The thing about the choice between miles and time is that miles remain constant. For those that are wondering, the time elapsed varies according to GS and I can't see the benefit in calling 6 minute marks 7 minutes or anything else.

 

If things go wrong are you going to have a quick look at your chart and call a position say 43 miles (4.3 divisions) SE of destination tracking...? Or are you going to tell the person who cares that you are 26 minutes SE of destination...?

 

When it happened to me the lady at ML CEN didn't know an Auster from a Navaho so she didn't really know what GS I had. But I was glad she knew where I was!

 

For what it's worth, I'll stick with the miles.

 

kaz

 

 

Happy too but having problems uploading the file.

 

This is a copy and paste. Not so easy to read but you will get the drift

 

kaz

 

Phone: (02) 6280 4700 Fax: (02) 6280 4775 E-mail: [email protected]

 

VISIT US AT http://WWW.RAA.AS�.AU

 

20101130-RESPO�SE TO DP1006AS (ADS-B) PAGE 1

 

ABN 40 070 931 645

 

PO Box 1265 3/1 Pirie Street,

 

FYSHWICK ACT 2609 Fyshwick ACT 2609

 

30 November 2010

 

Mr. Peter Boyd

 

Executive Manager

 

Standards Development and Future Technology

 

CASA CANBERRA

 

By email: [email protected]

 

Dear Sir

 

RE: CASA’s PLA� FOR COMMU�ICATIO� �AVIGATIO� A�D SURVEILLA�CE

 

EQUIPAGE I� THIS DECADE – DOCUME�T DP 1006 AS – OCTOBER 2010

 

This letter is a replacement for the General and Specific Comments at page 34 of DP 1006AS.

 

Recreational Aviation Australia Inc. (RA-Aus) is concerned that the Discussion Paper (DP)

 

1006AS has been produced without sufficient consideration of safe operations and safety

 

mitigators outside of controlled airspace, without the use of ADS-B OUT capable Mode S

 

transponders.

 

RA-Aus have a membership of some 10,000 aviation enthusiasts and about 4,000 aircraft on our

 

books. The cost of equipping our aircraft with the appropriate transponders would, in many cases,

 

exceed the value of the machine. Whilst the DP (page 12) gives an indicative cost of re-equipment

 

(or initial equipment) for each aircraft of $6,000.00 there are other predictions of the cost being

 

well in excess of $20,000.00. Taking an average cost of say $15,000.00 to modify each aircraft,

 

our fleet-wide cost would be in the order of six million dollars. However, many of our aircraft are

 

space limited and could not be retro-fitted.

 

Even if a significant number of our owners were to opt for the fitment there are not sufficient

 

qualified LAMEs to undertake the task in the next decade.

 

Another major concern created by the DP is the uncertainty of what will be recommended in the

 

associated NPRM and likely to be mandated in the NFRM. For example, Table 2 (page 26) of the

 

DP states in part: “all aircraft newly placed...on the register of recreational aircraft organisations”

 

will require the Mode S transponder. This statement implies that regardless of where the aircraft

 

is to be used the equipment will be mandated.

 

However, Table C1 of Annex C to the DP states the equipment will be mandated “at listed busy

 

regional aerodromes supporting RPT services.” What the criteria will be for an aerodrome to

 

become a listed busy regional aerodrome is unknown. Perhaps some directions are perhaps

 

contained in the Table 5 of the DP (page 28) where “designated aerodromes” are mentioned with

 

“safety criteria based on traffic density and having RPT services.” Nevertheless, this is still

 

somewhat nebulous and thus disquieting.

 

Also of concern to RA-Aus is the fact that the new generation MBZ or CTAF ® will have a

 

radius of “20NM of the designated aerodrome.” Why must so much lateral airspace be

 

encompassed? What industry consultation has there been on this matter?

 

Phone: (02) 6280 4700 Fax: (02) 6280 4775 E-mail: [email protected]

 

VISIT US AT http://WWW.RAA.AS�.AU

 

20101130-RESPO�SE TO DP1006AS (ADS-B) PAGE 2

 

Sadly lacking in the DP are safety mitigators at non-towered aerodromes that do not require

 

expensive airborne equipment such as:

 

• improved airmanship training and testing

 

• banning local aerodrome frequencies to initiate user charges

 

• AFRU

 

• CA/GRS

 

• UNICOM

 

• mandated carriage and use of radio (as currently in force)

 

• sole use by RPT during specified periods

 

• triggers for a control zone

 

CASA should produce a detailed safety case for its proposals and not simply situate

 

appreciations.

 

RA-Aus membership is totally opposed to the CASA plans detailed in the subject proposal and

 

will support the known opposition from other airspace user groups.

 

Yours sincerely,

 

SKH Tizzard

 

Chief Executive Officer

 

 

Topic close to my heart has been touched on here.With the closing of especially small (read outback) fuel depots, combined with the increase in controlled airspace, you do not have to be very paranoid to think "our" safety authority is trying to make our skys safer by us not being able to reach a lot of it...

Not just RA aircraft affected here. I have an absolute endurance of 210 minutes nil reserves and the distances between refuelling places made me turn south from Tennant rather than going north. Tennant to Alice is 252 NM and you don't need much of a head wind (or a broken plug insulator like I did) to run your fuel awfully low.

 

I paid for drum fuel at Maree and Barkley HS although at both I found another pilot willing to split a drum with me which saved me heaps... it's hard to fly off and leave 100+ litres in the drum!

 

Shell has pulled out of a number of places and I always try to support the local bloke when I travel rather than the big companies in the hope they will still be there.

 

kaz

 

 

My TAS is 100 knots and I mark my track in 10 NM segments, too. Very handy when doing a 1:60 calculation.

 

If GS is also 100 knots then these equate to 6 minute intervals.

 

I have used the Airnav program for the last few years and it automatically puts them in on the chart. I find this very useful as they then also show on the moving map display which I run on a 5"TFT screen in the cockpit. I found this facility immensely helpful when I did a trip around the Centre a couple of years ago. Much of the country I passed over was almost featureless and distances covered between refuelling stops were often around 300 NM. AirNav allowed me to continually update my position on paper (it uses digitised Air Services charts) and correct for drift when my dead reckoning got a bit skew whiff (it was the old DG's fault, promise).

 

kaz

 

 

All those antique aeroplanes!!! And the incredible finish on so many of them... just beautiful to see. Thankyou for sharing.

 

kaz

 

 

Hi everyone

 

I now have a copy of the RAAus submission to the DP. Not much meat on the bones and nowhere near as comprehensive as, for example those provided by ASAC, GFA or AOPA.

 

kaz

 

 

I would also counsel against doing this trip in the summer.

 

Day time temperatures inland can exceed 50 degrees and the thermals have to be seen to be believed. The weather coastal will be hot and humid and cyclones are a distinct possibility. Crocs inhabit rivers a long way inland in the NW.

 

If you do go, take heaps of water. Water is life and you will need at least 10 litres per day. A good knife, torch and matches are essential as well as all the charts, ERSA, the ELT and camping gear. Start your flying day at first light and be prepared to be on the ground by mid-morning.

 

It's a bit further, but I suggest you follow major roads or railway lines on the inland section rather than travelling direct. Even in the pastoral areas there can be distances greater than 50 miles between homesteads. Roads are often the only hope of putting down without breaking things and they give you a better chance of being seen by someone in the event of a mishap.

 

Alice and Broome are both controlled during most of daylight hours - refer NOTAMs for hours of operation. Bond Springs is a very friendly spot just 10 miles north of Alice and had fuel and hangarage last time I went through there. I'm not sure if the Roebuck Roadhouse out of Broome has a strip now or not but you could call and ask.

 

Have a good and safe trip

 

kaz

 

 

I have had the book, Green Mountains since I was a young child (long while ago). It told the story of Bernard O'Reilly's amazing search and the eventual recovery of two survivors.

 

Apparently the book is still available today O'Reilly's - The Stinson Rescue

 

kaz

 

 

How others are responsing to the ADS-B proposals in the CASA DP

 

Hi everyone

 

Time is running out... get a reponse in even if a very brief one.

 

I have asked RAAus what it is doing but haven't had a reply as yet.

 

Australian Flying has just posted a column that might help understand what is going on Australian Flying: ADS-B: an extinction level event?

 

The Australian Sport Aviation Confederation (ASAC) has provided a detailed reponse at http://2009.gfa.org.au/Docs/CASA/ASAC_DP1001AS_Response.pdf and organisations such as the GFA are making their concerns clearly known to the Regulator and Government. They don't seem to have picked up on the likely contraction of airspace available in G and E at this stage, however.

 

I haven't seen AOPA's response as yet.

 

kaz