Rotorwork Posted December 8, 2015 Author Share Posted December 8, 2015 Bit more to the story above Regards RW The pilot of an ultra-light aeroplane that ditched in Bass Strait off Tasmania's north-east coast two years ago has been charged with reckless flying. Shayd Hector of Tingira Heights in New South Wales is charged with the reckless operation of an aircraft, flying an aircraft without a licence, and consuming alcohol within eight hours of flying an aircraft. The Commonwealth prosecutor alleges the offences took place at or near Bridport on October 28, 2013, endangering the life of Hector's passenger, Joel Nelson. The pair were rescued from the sea near Waterhouse Island that afternoon after their ultra-light plane crashed into the sea. Link to comment Share on other sites More sharing options...
kaz3g Posted December 10, 2015 Share Posted December 10, 2015 Bit more to the story aboveRegards RW The pilot of an ultra-light aeroplane that ditched in Bass Strait off Tasmania's north-east coast two years ago has been charged with reckless flying. Shayd Hector of Tingira Heights in New South Wales is charged with the reckless operation of an aircraft, flying an aircraft without a licence, and consuming alcohol within eight hours of flying an aircraft. The Commonwealth prosecutor alleges the offences took place at or near Bridport on October 28, 2013, endangering the life of Hector's passenger, Joel Nelson. The pair were rescued from the sea near Waterhouse Island that afternoon after their ultra-light plane crashed into the sea. If the ditching occurred in Banks Strait, and near Waterhouse Island, by my reckoning they were only a couple of miles from land and possibly much less. I wonder if the Regulator got mixed up between the two? Kaz Link to comment Share on other sites More sharing options...
facthunter Posted December 10, 2015 Share Posted December 10, 2015 Anything's possible isn't it. You don't fly that type of aircraft with a licence either. Nev Link to comment Share on other sites More sharing options...
eightyknots Posted December 11, 2015 Share Posted December 11, 2015 ... and consuming alcohol within eight hours of flying an aircraft ... The Commonwealth prosecutor alleges the offences took place at or near Bridport on October 28, 2013, endangering the life of Hector's passenger, Joel Nelson. The pair were rescued from the sea near Waterhouse Island that afternoon after their ultra-light plane crashed into the sea. I wonder if they could quantify this? One drink? Five drinks? Surely the Cth Prosecutor will have to furnish compelling evidence? Link to comment Share on other sites More sharing options...
Jabiru Phil Posted December 11, 2015 Share Posted December 11, 2015 8 hours bottle to throttle, that's the rule! I remember waiting at an airport once for half an hour for the 8 hour time to arrive. My passenger was amused. PHIL. 2 Link to comment Share on other sites More sharing options...
facthunter Posted December 11, 2015 Share Posted December 11, 2015 Some one has to present the evidence. A witness? There is no breath test. On past performance (Of the authority) I wonder. I believe the RAAus has already dealt with and applied a punishment for this matter. Double jeopardy. Tried twice for the same misdemeanour? I would like to know more on this one. Nev Link to comment Share on other sites More sharing options...
cooperplace Posted December 11, 2015 Share Posted December 11, 2015 Some one has to present the evidence. A witness? There is no breath test. On past performance (Of the authority) I wonder. I believe the RAAus has already dealt with and applied a punishment for this matter. Double jeopardy. Tried twice for the same misdemeanour? I would like to know more on this one. Nev no breath test? how do you know? maybe the cops did one, they're good at that. Link to comment Share on other sites More sharing options...
Happyflyer Posted December 11, 2015 Share Posted December 11, 2015 no breath test? how do you know? maybe the cops did one, they're good at that. State police have no authority to breath test anyone for an aviation offence. It is not necessary to prove intoxication, CASA only has to prove consumption in the eight hours prior to flight. As an example, you paid for alcohol on a credit card and were seen to drink it by hotel staff or perhaps airline staff on a flight. 2 Link to comment Share on other sites More sharing options...
SDQDI Posted December 11, 2015 Share Posted December 11, 2015 Actually could we technically fly intoxicated legally? What I mean is, is the 8 hour limit the only limit for pilots? We all know if someone has a lot of drinks one night they will still be over the legal limit after 8 hours. IMO a legal blood alcohol level would be easier to prove/disprove than the eight hour limit. 2 Link to comment Share on other sites More sharing options...
Happyflyer Posted December 11, 2015 Share Posted December 11, 2015 Actually could we technically fly intoxicated legally? What I mean is, is the 8 hour limit the only limit for pilots? We all know if someone has a lot of drinks one night they will still be over the legal limit after 8 hours.IMO a legal blood alcohol level would be easier to prove/disprove than the eight hour limit. The rule is no alcohol within eight hours of departure and no alcohol in the system. The first one might sometimes be easier to prove. Link to comment Share on other sites More sharing options...
kaz3g Posted December 11, 2015 Share Posted December 11, 2015 A positive test for alcohol in the DAMP regs is greater than 0.02%. A person must not continue to perform a Safety Sensitive Aviation Activity if they produce a positive test result. There has been considerable discussion about the legislative provisions relating to consumption of alcohol on another list. My view is that a pilot, having consumed alcoholic liquor, cannot exercise the privileges of the licence at any time in the 8 hour interval before departure or if impaired by alcohol. Kaz 4 Link to comment Share on other sites More sharing options...
pmccarthy Posted December 11, 2015 Share Posted December 11, 2015 I was marked wrong on the human factors exam for quoting 8 hours. Apparently the correct answer is ...it depends. 1 Link to comment Share on other sites More sharing options...
Happyflyer Posted December 11, 2015 Share Posted December 11, 2015 I was marked wrong on the human factors exam for quoting 8 hours. Apparently the correct answer is ...it depends. Yep, it depends on whether you have any alcohol left in the system after eight hours. 1 Link to comment Share on other sites More sharing options...
facthunter Posted December 11, 2015 Share Posted December 11, 2015 Or had some cough syrup. Nev Link to comment Share on other sites More sharing options...
Oscar Posted December 14, 2015 Share Posted December 14, 2015 Waterhouse Island is about 3k from the coast... so unless they had proceeded well into Bass Strait (not Banks Strait!), they shouldn't have been more than 1.5k from land at any stage. Surely, if they'd been at more than 3,000 feet or so, they could have glided to land. I don't know what a Thruster glide ratio is, but it would have to be - I'd imagine - better than 5:1. And - from the original story - a $30k Thruster? Perhaps it didn't perform to spec. because of all the damn solid gold it must have contained? Link to comment Share on other sites More sharing options...
Litespeed Posted December 14, 2015 Share Posted December 14, 2015 Why would be done by CASA be double jeopardy? I don't see the relevance, as RAAus can not send you to court or fine/goal you? Link to comment Share on other sites More sharing options...
David Isaac Posted December 14, 2015 Share Posted December 14, 2015 Why would be done by CASA be double jeopardy?I don't see the relevance, as RAAus can not send you to court or fine/goal you? It clearly wouldn't. We all need to understand that CASA can prosecute an RAA pilot if they breach the rules. RAA pilots are not exempt from The Law. 1 Link to comment Share on other sites More sharing options...
Oscar Posted December 14, 2015 Share Posted December 14, 2015 Though, this one seems to have left his intelligence back at Bridport. There are so many things that seem wrong to have been done in this story. Recreational Aviation just does NOT need Fwits; for all of those who strive conscientiously to fly safely, one nong that breaches just about every safety instruction and ends up as a cause celebre in the media, is just what we DON'T NEED. One early poster on this thread applauded them for their 'cahoolies' in attempting a Bass Strait crossing in a Thruster. Perhaps, if he were still with us, this new information would have changed his opinion. Link to comment Share on other sites More sharing options...
Head in the clouds Posted December 14, 2015 Share Posted December 14, 2015 ....... so unless they had proceeded well into Bass Strait (not Banks Strait!), ...... Not meaning to be a smart-ass Oscar, but out of fairness to the OP, that area is Banks Strait, not Bass Strait, named for Joseph Banks the Botanist, as I understand it. I think Bass Strait is the part north of Flinders Island and Banks Strait is south of Clarke Island. 1 Link to comment Share on other sites More sharing options...
facthunter Posted December 14, 2015 Share Posted December 14, 2015 I understood they had already been dealt with by the RAAus for the same issues. That's why my reference to double jeopardy. Perhaps in the future we will see RAAus dealing out really harsh punishments, hoping to appease CASA as some Airlines did punishing pilots harder than CASA would have, with alleged misdemeanours etc. I don't have any reliable information about this matter and I wonder if anyone else does either other than Newspaper reports and I haven't had many here saying anything complimentary about the accuracy of most of those. I hope this person has had some representation to act on his behalf in a Court from a sense of fairness. Everyone deserves no less. Nev 1 Link to comment Share on other sites More sharing options...
Oscar Posted December 14, 2015 Share Posted December 14, 2015 Not meaning to be a smart-ass Oscar, but out of fairness to the OP, that area is Banks Strait, not Bass Strait, named for Joseph Banks the Botanist, as I understand it. I think Bass Strait is the part north of Flinders Island and Banks Strait is south of Clarke Island. Yep, that's what I meant to say - if they were still in Banks Strait then they shouldn't have been all that far from Waterhouse Island and with sensible height in hand, ought to have been able to glide either to Waterhouse or the Tasmanian Coast. 1 Link to comment Share on other sites More sharing options...
David Isaac Posted December 14, 2015 Share Posted December 14, 2015 What .. Glide in a Thruster ... Not a real good glide ratio with all that Drag. 1 1 Link to comment Share on other sites More sharing options...
facthunter Posted December 14, 2015 Share Posted December 14, 2015 I would have thought the same, but Oscar should know that. It was going to be a Bass Strait crossing wasn't it.? I know Eugene has done it many times in a similar craft. It's not something I personally would do but that's not the issue. Nev 1 Link to comment Share on other sites More sharing options...
David Isaac Posted December 15, 2015 Share Posted December 15, 2015 It is done reasonably regularly I believe by Drifters usually as a group. They put floatation in the wings. I would do it with the right gear and preparation in a group, BUT ... no way in hell Shirley would let me do it LOL. Link to comment Share on other sites More sharing options...
facthunter Posted December 15, 2015 Share Posted December 15, 2015 These guys survived their dunking and are I believe the only ones to do that in the BASS straight area since the war. It would be practically impossible to do a ditching and not invert, a Thruster or Drifter because of the drag of the wheels and the high position of both motors..Nev 1 1 Link to comment Share on other sites More sharing options...
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