What happens if a pilot breaches a safety regulation?

• The Civil Aviation Safety Authority (CASA) has the authority to investigate any safety breach.
• This includes breaches of:
  • the Civil Aviation Act 1988 (Cth);
  • the Civil Aviation Regulations 1988 (Cth); and
  • the Civil Aviation Safety Regulations 1998 (Cth).
• Enforcement action may include:
  • counselling or remedial training designed to assist with compliance for minor or accidental breaches which have little or no effect on aviation safety;
  • variation, suspension or cancellation of your authorisation, licence, Air Operator’s Certificate or Certificate of Approval. This is not intended as punishment but in order to remove any threat to the safety of air navigation in accordance with CASA’s primary role;
  • in some circumstances CASA may agree to accept a written voluntary undertaking which creates a legal obligation to comply with the terms of the undertaking;
  • immediate suspension of a civil authorisation where there is a serious and imminent risk to air safety;
  • referral of serious, deliberate or reckless breaches that endanger the safety of others to the Director of Public Prosecutions (DPP) for prosecution in the criminal courts; and
  • issuing infringement notices imposing a fine and the loss of demerit points for strict liability offences. These are offences where the mere fact that a breach has occurred is sufficient evidence of wrongdoing without the need to prove intention or recklessness.
• If you need more specific information about whether particular behaviour constitutes a breach of a safety regulation, the investigative and enforcement powers of CASA or how the regulations apply in your situation you can use our free and anonymous Ask a Lawyer service.