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Amendment 0 (1986-87)

CAT and TATC Decision Amendments

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CAT File No. A-0030-33

CIVIL AVIATION TRIBUNAL

BETWEEN:

Minister of Transport

- and -

Benedict Francis Alexander

C.R.C., c. 2, s. 534(2)(a)

Low flying - Built-up area

It was alleged that the respondent flew a Cessna at an altitude of 100 feet over the won of Stephenville. The Minister assessed a monetary penalty of $250.00.

On review, the Tribunal accepted the evidence of the RCMP officers concerning the altitude of the aircraft and stated that the respondent lacked good judgment in air safety and airmanship. The hearing officer, however, held that an aircraft is attempting to land from the time it departs its cruising altitude until it completes its roll-out. In this case, the pilot was able to successfully argue that the low flying was part of his attempt to land. The Minister's decision was overturned.

REVIEW DETERMINATION Collins

December 17, 1987
Stephenville, Newfoundland

That Mr. Benedict Francis Alexander technically did not contravene section 534(2)(a) of the Air Regulations on august 11, 1987. The imposed fine of $250.00 is waived.

The Review Hearing results from the non payment of a monetary penalty. The Notice of Assessment reads as follows:

"Pursuant to section 6.7 of the Aeronautics Act, the Minister of Transport has decided to assess a monetary penalty on the grounds that you have contravened the following provision(s): Air Regulations C.R.C., C.2, s. 534(2)(a) in that at or about 2030 hrs. on August 11, 1987 you were the pilot-in-command of a Cessna 180 registered CF-IQT and did fly at an altitude estimated to be 100 ft. over the Town of Stephenville, Nfld. in close proximity to 94 Maryland Drive. s. 534(2)(a) states, in part, that unless he is taking off, landing or attempting to land, no person shall fly an aircraft over the built-up area of a town less than 1000 ft. above the highest obstacle within a radius of 2000 ft. from the aircraft."

Maryland Drive is located in the Northeast outskirts of Stephenville and is on the crest of a hill 200 ft. above sea level. It is more or less separated from the main part of the town. It consists of a Cul de Sac with 142 story houses. To the North, East and West is vacant land for several 1000 ft., at about the same elevation.

To the South the terrain drops away at 1000 ft. South of the area. The elevation is 60 ft. A.S.L. one mile South is the Stephenville Airport elevation 84 A.S.L. To the Southeast 1 mile is the Town Water Supply Noel's Pond.

This body of water is used extensively by float equipped aircraft in the area and is approximately 70 ft. above sea level.

Mr. Carter, representing the Minister after outlining the case called three witnesses, CPL. Locke, RCMP, CPL. Fowler, RCMP both of the Stephenville Detachment and Mr. David Hoyt, an inspector with Transport Canada. Both police officers are residents of Maryland Drive.

Both officers submitted as evidence written statements (Exhibit No. M1) and (Exhibit No. M3). In their written and oral testimony, they told the Tribunal that, on the evening of August 11, 1987 at about 8:20 p.m. local time, they were chatting in front of CPL. Locke's home at 95 Maryland Drive when they saw a float plane pass over their heads and the house across the street at a very low altitude. Both estimated the aircraft to be 100 ft. or less above No. 94 Maryland Drive. The aircraft was heading in a Southerly direction towards the airport. It then turned left towards the water supply before they-lost sight of it.

CPL. Fowler stated he jumped into his police car and proceeded directly to the water supply arriving in about 5 minutes from the time he first observed the aircraft. There he observed Mr. Ben Alexander getting out of the aircraft that had flown over Maryland Drive. The aircraft registration was CF-IQT. In answer to questioning by Mr. Alexander both officers confirmed that they had received unsolicited complaints from two residents of Maryland Drive.

Mr. Hoyt in his evidence advised the Tribunal that he investigated the complaint and submitted in evidence a photocopy of a page of the log off CF-IQT which shows that at 23:10 GMT (8:40 p.m. local) on August 11, 1987 this aircraft had landed at Noel's Pond and that Mr. Alexander was the pilot-in-command. (Exhibit No. M5).

Mr. Hoyt is an experienced Pilot with many years in both Civil and Commercial Aviation and in answer to a question from Mr. Carter expressed the opinion that it is not necessary for an aircraft landing at Noel's Pond to pass over Maryland Drive a low altitude.

Mr. Alexander conducted his own defence and gave evidence under oath on his behalf.

He readily admitted that it was his aircraft CF-IQT that flew over Maryland Drive on the evening of August 11, 1987, that he was the Pilot-in-command and that he was at an altitude of less than 1000 Et. He estimated his altitude to have been 400 ft. or more at the time.

Mr. Alexander submitted as evidence (Exhibit No. D6) a large scale map of Stephenville area showing Noel's Pond, the airport and Maryland Drive, Super imposed is the flight path of CF-IQT at the time in question.

The map also shows the direction of the prevailing wind (West) and a record of the wind direction from 21:00 GMT to 24:00 GMT on August 11, 1987.

Mr. Alexander pointed out to the Tribunal that at about the time of landing the wind was from 020 at 8 knts.

Mr. Alexander told the Tribunal he departed Gull Pond which is about a 10 minute flight time from Stephenville at 23:00 GMT for Noel's Pond. On board was Miss Donna Power, a friend of his son, and a resident of Maryland Drive. It was her first flight in a light aircraft.

He stated he approached Noel's Pond from the East with the intention of landing into the assumed prevailing Westerly Wind. When 50 ft. off the water he discovered he had a tailwind and therefore decided to overshoot and execute 1800 turn and land into the Easterly wind. He stated that in the course of executing this procedure he inadvertently passed over Maryland Drive.

Mr. Alexander disputes the evidence of Locke and Fowler that he was 100 ft. or less and stated that the fact his passenger was a resident of the area was merely a coincidence.

Under cross examination by Mr. Carter, Mr. Alexander agreed that he could have easily avoided Maryland Drive.

In his summation Mr. Carter argued that the low flight over Maryland Drive by Mr. Alexander was not part of the landing approach but was to show his passenger her home from the air and that he did not start his approach until he was past the houses and was near the airport and therefore the Tribunal should uphold the Minister's decision and the penalty imposed.

Mr. Alexander argues that the low flight over Maryland Drive was part of his attempt to land and therefore he did not contravene the Act.

I have no reason to doubt nor was any evidence presented to contradict Mr. Alexander's evidence that he made an initial approach to Noel's Pond from the East carried out at 1800 turn and landed on an Easterly heading.

I am convinced the low flight over Maryland Drive was not accidental but intentional.

I am also convinced it was at a dangerously low altitude. I am willing to believe on the evidence of the two RCMP officers that the flight was at 100 ft. or less.

It is quite evident, Mr. Alexander lacks good judgement in air safety, airmanship and given the controversy over the use of the town's water supply by aircraft, very poor public relations. Turbulence from the surrounding hill, a fouled spark plug, or a bit of carburettor icing was all that was needed for a serious accident to result from his lack of judgement.

Since section 534(2)(a) states in part "That unless he is taking off, landing, or attempting to land" the question here is, when is an aircraft attempting to land?

In my judgement an aircraft is attempting to land from the time it departs it's cruising altitude until it completes its roll-out. Therefore CF-IQT was attempting to land from the time it started its initial approach to Noel's Pond through the overshoot, the 1800 turn, the low flight over Maryland Drive and it's final approach and landing.

Therefore, with reluctance, I cannot affirm the Minister's decision.

Date modified:
2010-03-31