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What happens if aircraft regulations are not being obeyed?

I have a mate that used to be a pilot and he has his own light aircraft. I'm pretty sure that he doesn't hold any of the required registrations or licenses any more because he is getting older and couldn’t pass the medical tests but he recently said that he takes the plane for a spin "every now and then." Is he allowed to do this? What are the consequences?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 28-10-2015
1 Lawyer Answered
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  1. Aviation
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Andrea Stein, Brisbane 4000 QLD

  • Your friend could be subject to some very serious consequences for his actions.
  • The Civil Aviation Safety Authority (CASA) has the power to appoint officers to conduct investigations if it suspects that aviation regulations are not being complied with.
  • CASA also has the power to issue warrants. Where an investigator has entered premises under a warrant they may require anyone on those premises to answer any questions and to produce on request any books, documents or records.
  • Depending on whether they need the occupier’s consent or have a warrant investigators may:
    • access data stored in a computer and copy it;
    • inspect and seize equipment;
    • search premises and seize evidential material;
    • inspect and take copies of certain types of documents or records; and
    • stop and detain aircraft.
  • If CASA decide that your friend is deliberately breaching the safety and licensing requirements, is being reckless about his responsibilities or is putting the safety of others in danger they can refer him to the Director of Public Prosecution (DPP) who may bring criminal charges against him.

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