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CAT File No. A-0022-33

CIVIL AVIATION TRIBUNAL

BETWEEN:

Minister of Transport

- and -

Joseph Adjutor Alonzo Beaulieu

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

Low flying - Built-up area

It was alleged that the respondent was low flying over a ski hill. The Minister assessed a monetary penalty of $250.00.

On review, the monetary penalty was re-affirmed. The pilot was an experienced pilot, his aircraft was clearly identified as low flying over a ski hill and resort.

REVIEW DETERMINATION Prescott

November 2, 1987
Moncton, New Brunswick

That the findings of the Minister are confirmed by the undersigned Member, and payment of $250.00 to be made payable to the Receiver General and mailed to the Civil Aviation Tribunal's office or before November 30, 1987.

1. Witness, J. Savoie identified the Aircraft by (a) make-markings (registration) and colour; (b) by its manoeuvres, approach to the ski hill (Mt. Farlagne) and low pass made over and down the Ski Hill and Resort. This was noted as an act that contravened Section 534(2) of the Air Regulations. Mr. Savoie is a licensed pilot (private), with some 500 hours experience. His observations could well be considered that of an expert, compared to someone with no flying experience. Mr. Savoie, laid the original complaint to the RCMP Edmunston. (see reports Exhibit No. 3 which refers to RCMP investigator).

2. The actual time is not considered to be a determining factor as Mr. Savoie had no watch, and the time frame of Mr. Beaulieu's flight is not precise as per transcript of evidence.

3. The aircraft (CGDYB) in question was flying that afternoon (see aircraft log book, airport log sheets, and J. Savoie's testimony). Note - The letters DYB, seen by Savoie, were confirmed as to aircraft type by Exhibit No. 1 Canadian Aircraft Register.

4. Mr. Warmington's witnessed letter is not considered pertinent. Skiers and others due to proximity of airport, could well have seen a number of flights. However only Mr. Beaulieu's aircraft was reported low flying and clearly identified.

Date modified:

2010-03-31

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