Aviation Law Case

In application of the principles associated with the notion of Air Navigation Order [1](ANO) it is clear that Jack is liable for damages caused to the aircraft and can also be prosecuted for trespassing unto alternate aerodromes without appropriate permission. In order to accurately identify the penalty equal to such transgression, the rules of air recognised under the Air Navigation Order will be interpreted in accordance.

According to the specific details concerning the flight in question, Jack hired a Cessna 172 for the weekend from the Panshanger aerodrome birthed by WWI as a ‘decoy aerodrome’,[2] located on the most eastern tip of Welwyn Garden City, Hertfordshire, England. The Cessna 172 is a light aircraft released in the mid 90’s complete with a Continental O-300/145hp air cooled single engine , a basic weight of (2,200)LBS and holds 42 gallons of fuel, 37 gallons of which is useable[3].

The recommended baggage allowance for the straight tailed, four seat aircraft is (120) LBS, for that reason it is relevant to assess the weight of the passenger and baggage at the time of take-off and whilst in flight. although the weight of both jack and his girlfriend and their newfoundland dog was imprecise it is assumed that the dog alone weighed approximately (70kg) and Jack and Mary an accumulated weight of (135) kg thus, it is logical to conclude that the aircraft was in excess at the point of take-off leading to an unbalanced centre point of gravity (CFG) causing difficulties to get airborne.

In order to stabilise the aircraft Jack insisted some of Mary’s personal items be discarded via the window of the aircraft. Article 129 (1) of the Air navigation Order (ANO)[4] forbids the dropping of articles or animals (whether or not attached to a parachute) from an aircraft except in emergency situations however, it can be argued that in a situation such as the one presented above, application of 129(3) (d) Air Navigations Order[5] will suffice as a defence for the act. Jack as the responsible pilot

in this case failed to adhere to the weight guideline set out in regulation (35) of the Air Navigation Order applicable to any flying machine or glider all of which require a certificate of airworthiness issued by the Civil Aviation Authority (CAA). Jack was a registered owner of private pilot license (PPL) founded by the Joint Aviation Requirement Flight Crew License (JAR-FCL) and owned a pilot’s logbook which is a detailed journal of flights made over a long period of time. It records aeronautical experiences such as weather, airfields visited, ratings, PICUS time and simulator sessions etc.

The aforementioned documents certify a pilot’s authenticity to navigate an aircraft although the circumstance under which they are permitted to fly depends solely on their instrument rating under the category set by the universally recognised International Civil Aviation Organization (ICAO)[6]. In compliance with the instrument flight rules (IFR) a pilot ought to have 55 hours flying experience in absence of a commercial pilot license (CPL) , a class 1 medical and a qualification in Air transport pilot examination (ATPL)[7] valid for a total of 12 months.