>-----Original Message-----
>From: Derek Ruddock
>
>
>It doesn't say that:
>It says that you can't take off and land at a place other than
>an aerodrome unless it is suitable for the purposes of
>take-off & landing.
>It does not allocate the definition of aerodrome to such places
>
Derek,
you may be right, I am not a lawyer and only interpretations
made in court hold any validity.
However, if we chop out some of the extra words we get a sentence like:
92 Use of aerodromes
(1) A person must not land an aircraft on, or engage in conduct that
causes an aircraft to take off from, a place (unless it) ...
is suitable for use as an aerodrome for the purposes of the landing and
taking-off of aircraft...
IE you can't take off or land at a place which isn't suitable for "use
as an aerodrome".
That's an overarching law from CAR1988. If it doesn't comply with one of
the 4 clauses given (or have some sort of exemption, which no one has
found yet), you may not operate from it.
Yes, I understand "use as an aerodrome" does not equate exactly to "is
an aerodrome", that's where a person would have to go to court to get a
real decision made.
>Under your interpretation, most of the paddocks in NSW would
>be defined as aerodromes
Yes. I think that if a paddock is _used as one_ it becomes one (issues
like ownership and trespass aside).
Regards
SWK
>> -----Original Message-----
>> From: [EMAIL PROTECTED]
>[mailto:aus-soaring-
>> [EMAIL PROTECTED] On Behalf Of Kittel, Stephen W (ETSA)
>> Sent: Monday, 12 December 2005 10:34 AM
>> To: Discussion of issues relating to Soaring in Australia.
>> Subject: RE: [Aus-soaring] When (or what) is an aerodrome..... ?
>>
>>
>>
>>
>> >-----Original Message-----
>> >From: Leigh Bunting
>> ?
>> >
>> >Kittel, Stephen W (ETSA) wrote:
>> >
>> >> I think for the purposes of the radio procedures your
>> >paddock becomes
>> >> an aerodrome when you begin to take off from (or land in) it!
>> >
>> >So every ag-pilot in Australia will now be flying the prescribed
>> >circuit pattern and making all the necessary radio calls?
>> >Every station-owner flying down to the back paddock to check the
>> >windmill is also going to do all this?
>>
>> No, of course they are not going to call and they will still
>be legal
>> (as far as I know). The point which people seem to have issues with
>are
>> that the recommended calls are not mandatory. As pilot in
>command you
>> get the choice (and responsibility) of what to do to ensure
>the safety
>> of flight taking into account the circumstances.
>>
>> As to what is an aerodrome. The question that was asked
>previously, my
>> previous guess was pretty close! CAR 92 d):
>>
>> 92 Use of aerodromes
>> (1) A person must not land an aircraft on, or engage in conduct that
>> causes an aircraft to take off from, a place that does not
>satisfy one
>> or more of the following requirements:
>> (a) the place is an aerodrome established under the Air Navigation
>> Regulations;
>> (b) the use of the place as an aerodrome is authorised by a
>> certificate granted, or registration, under Part 139 of CASR;
>> (c) the place is an aerodrome for which an arrangement under section
>> 20 of the Act is in force and the use of the aerodrome by aircraft
>> engaged in civil air navigation is authorised by CASA under that
>> section;
>> (d) the place (not being a place referred to in paragraph (a),
>> (b) or (c)) is suitable for use as an aerodrome for the purposes of
>> the landing and taking-off of aircraft; and, having regard
>to all the
>> circumstances of the proposed landing or take-off (including the
>> prevailing weather conditions), the aircraft can land at, or
>take-off
>> from, the place in safety.
>>
>> IE if the place is suitable (and safe) for the purposes of
>takeoff or
>> landing it is an aerodrome.
>>
>>
>> >I don't think so. I asked these questions of the presenter at the
>> >Adelaide session of the Roadshow and at the end of beating
>around the
>> >subject, his answer was 'yes'. I got the feeling I had backed him
>> >into a corner and he couldn't really admit reality.
>> >
>> >Can I pose another question. At Whitwarta, we have a several
>> >instances a year of fixed-wing and helicopters blundering, if not
>> >through the circuit area, then through the immediate 'getting away'
>> >airspace outside it. I'm convinced they don't even know we
>are there.
>> >What frequency are they likely to be monitoring?
>>
>> During the time I was CFI at PAGC we also had numerous
>instances like
>> this. An Orion, a flight of Squirel helicopters (which went
>right over
>> the aerodrome just as a Blanik was about to launch) and
>multiple civil
>> aircraft. I don't think this is unusual for any gliding
>operation away
>> from major population centres.
>> I am sure you are right. IE. they don't know these airstrips are
>there,
>> nor how we operate. On occasion I have managed to communicate with
>some
>> of these overfliers, who have sounded surprised that there was a
>gliding
>> club there (although marked on the maps). I suspect that many pilots
>> (military and civil) don't check and never know. Also
>(others can jump
>> in here and correct me, if wrong) I think many of the military
>aircraft
>> don't carry VHF.
>>
>> However, nothing in the new rules will change any of this.
>>
>> >If it is 126.7, then it could be interesting to see what
>changes over
>> >the next year or so.
>>
>>
>> Regards
>> SWK
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