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Amendment 7 (1995)

CAT and TATC Decision Amendments

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CAT File no. O-0497-02

CIVIL AVIATION TRIBUNAL

BETWEEN:

Kirk Bromfield

- and -

Minister of Transport

Air Regulations, C.R.C. 1978, c. 2, s. 520(1)

Negligent or Reckless Operation of an Aircraft - Aerial Photography - Sanction Considerations

The Applicant pilot executed a series of steep turns at a low altitude over an active private airstrip used for skydiving and located in an alert area. The Minister imposed a 14 day suspension.

On review, the Tribunal found that the pilot had been negligent in that he failed to familiarize himself with this aerodrome area prior to commencing his operations. Based on the Applicant's cooperation and sincerity, the suspension was reduced to 3 days.

REVIEW DETERMINATION Spence

May 31, 1995
Barrie, Ontario

I find Mr. Bromfield was negligent in the operation of aircraft C-FJJT on August 26, 1993 in the vicinity of New Lowell aerodrome, but I reduce the suspension of fourteen days to three days to commence on the fifteenth day following service of the present Determination.

REASONS FOR REVIEW DETERMINATION

A Review Hearing on the above matter was held Wednesday, May 31, 1995 at 11:00 hours at the Barrie Court House in the city of Barrie, Ontario.

BACKGROUND

Mr. Kirk Bromfield was alleged by the Minister of Transport to have contravened section 520 of the Air Regulations:

"... in that on or about August 26, 1993, at approximately 15:15 local time, while pilot-in-command of a Cessna 150 aircraft bearing registration C-FJJT you did operate the said aircraft over or in close proximity to the New Lowell aerodrome in such a negligent manner as to endanger or likely endanger the life or property of a person or persons; specifically, at an altitude of at approximately 500 feet above ground you did execute a series of steep turns that did not conform to any authorized procedure for that aerodrome.

AIRCRAFT IDENTIFICATION - C-FJJT

TYPE - Cessna 150

VICINITY - New Lowell aerodrome

PURPOSE - Ground Photography (Farms)

PILOT-IN-COMMAND - Kirk Bromfield"

It was agreed aircraft identity, type, vicinity, purpose or pilot-in-command were not in dispute.

Pertinent Information - Re: New Lowell aerodrome

The New Lowell aerodrome is a private air strip owned by Mr. Joe Chow. It is used primarily for parachute training, jumping and skydiving activities and is located within an alert area known as CYA514(P). CYA514(P) is active up to 7000' ASL daylight hours. Information may be obtained from Buttonville Tower when required.

Mr. Joe Chow initiated the complaint resulting in the investigation as presented in Exhibit M-6.

EVIDENCE

After being duly sworn, Inspector Binder, the investigating officer, presented correspondence, charts, aircraft operation (uncontrolled aerodromes) and recommended procedures set out in the A.I.P. Canada Publication.

Mr. Binder, under cross-examination by Mr. Vito Liotino (Counsel for Bromfield), stated the original complaint had been received by telephone and followed up with written documentation by Mr. Chow.

Mr. Joe Chow (Owner and Operator of New Lowell aerodrome), after being sworn, stated he had just returned from dispatching a "load" of jumpers over New Lowell and was carrying out an inspection of his aircraft when he observed an aircraft approaching the aerodrome at a low altitude and executing very steep turns within the New Lowell aerodrome boundaries. Mr. Chow attempted contact with C-FJJT on designated frequencies of 122.8 and 123.5 but had no success.

Mr. Chow received information regarding the aircraft concerned from a flying instructor who heard his transmissions and advised Mr. Chow the pilot could be Mr. Bromfield. Mr. Bromfield did contact Mr. Chow to discuss the problem.

Cross-examination of Mr. Chow by Mr. Vito Liotino revealed Mr. Chow was directly under aircraft C-FJJT when it flew over the field. Mr. Chow was also concerned that the noise of this aircraft may be considered by the neighbours as resulting from his operation.

Mr. Scott Parkin (Expert Witness) indicated the approach to an unknown airport should have been at an altitude well above circuit height thereby eliminating any conflict with circuit traffic.

After being sworn, and when examined by Mr. Liotino, Mr. Bromfield stated:

  • he had over 1,500 hours flying time;
  • he is 24 years of age;
  • he was employed by Farm Portrait Inc.;
  • at the time of the incident he had a 1/4-tank of fuel;
  • he had obtained information regarding Mr. Chow from Mr. Dreider concerning the New Lowell aerodrome;
  • he is currently unemployed.

Mr. Bromfield mentioned he had been concerned about fuel; however, Mr. Bromfield never had less than a 1/4-tank (1 hr + 15 min) of fuel on board. Several commercial airports were within 10 MINUTES FLYING TIME OF HIS AREA OF OPERATIONS.

CONCLUSION

Black's Law Dictionary, Sixth Edition, defines Negligence as follows:

"The omission to do something which a reasonable man ... would do, or the doing of something which a reasonable and prudent man would not do. Negligence is the failure to use such care as a reasonably prudent and careful person would use under similar circumstances."

Mr. Bromfield, a 24-year-old commercial pilot, was employed by Farm Portrait Inc. to carry out aerial farm photography in the Barrie (New Lowell) area.

Evidence introduced into this hearing indicated Mr. Bromfield did not familiarize himself with his area of operation regarding:

  • the alert area CY514P, nor did he attempt to determine whether CY514P was active;
  • the status of the New Lowell aerodrome regarding fuel or other pertinent information;
  • in Exhibit M-8, written to Mr. Binder, Mr. Bromfield admits he had violated the recommended procedures regarding circuit procedures for joining a circuit at an uncontrolled aerodrome.

DETERMINATION

It is evident Mr. Bromfield did not familiarize himself with the New Lowell aerodrome prior to commencing this operation.

Mr. Chow stated the aircraft was very low and had turned within the aerodrome boundary (approx. 100 acres).

I find Mr. Bromfield did not conduct himself in such a manner as to protect others from unreasonable risk.

I therefore find Mr. Bromfield was negligent in the operation of C-FJJT on August 26, 1993 in the vicinity of New Lowell aerodrome.

Taking into consideration Mr. Bromfield's cooperation with Mr. Chow and Transport Canada, his willingness to share information and his sincerity, I reduce the suspension of fourteen days to three days to commence on the fifteenth day following service of the present Determination.

I thank all concerned for their cooperation and participation during these proceedings.

Date modified:
2010-03-31