Edwards and Civil Aviation Safety Authority

The Administrative Appeals Tribunal considered an appeal by Mr. Edwards concerning the Civil Aviation Safety Authority's (CASA) decision to suspend his private pilot licence, commercial pilot licence, and Grade 2 flight instructor rating. The dispute arose from Mr. Edwards' conduct during a flight that resulted in a crash, and CASA's subsequent determination that he was not a fit and proper person to hold these licences due to alleged anomalies in his pilot logbook and unauthorised commercial operations.

The Tribunal was required to determine whether Mr. Edwards' actions constituted a failure in his duty regarding the safe operation of an aircraft, and consequently, whether he remained a fit and proper person to hold his pilot licences and instructor rating. This involved assessing the evidence surrounding the critical manoeuvre that led to the aircraft's catastrophic attitude and considering the credibility of Mr. Edwards' explanations for the events, particularly his assertion that another occupant had interfered with the controls.

The Tribunal found that Mr. Edwards was in control of the aircraft during the critical manoeuvre, which involved a specific flap selection, a left turn, power reduction, and a subsequent nose-up and right-dip manoeuvre. It dismissed Mr. Edwards' theory that another occupant caused the aircraft's attitude, noting this was not raised at earlier stages and was contradicted by expert evidence regarding the aircraft's controls. The Tribunal concluded that a suspension of Mr. Edwards' licences was warranted to underscore the importance of regulatory compliance and the responsibility that accompanies holding a pilot licence.

Ultimately, the Tribunal varied CASA's decision by reducing the suspension period for all licences to six months. The suspension of his Grade 2 Flight Instructor Rating was for six months. His private and commercial pilot licences were suspended for six months, with additional conditions imposed. These conditions included the successful completion of courses in Human Factors and Safety Systems for his private and commercial licences, and a prohibition on undertaking sales demonstration flights or advertising for commercial entities unless under an Air Operator's Certificate, with prior notification to CASA.