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ANY installed transponder must be turned ON

Peter wrote:

Pilot forums are full of reports (mostly emanating from Germany but also used to come from the UK) of people being prosecuted for this or that

Apparently in roughly 80% of CAA prosecutions that are contested by the defendant, the defendant wins.

Andreas IOM

alioth wrote:

Apparently in roughly 80% of CAA prosecutions that are contested by the defendant, the defendant wins.

You kind of make it sound like there are a lot of those. Is that the case?

LFPT, LFPN

Apparently in roughly 80% of CAA prosecutions that are contested by the defendant, the defendant wins.

Yes, but the UK CAA rigs the system by going for much larger costs if you propose to plead Not Guilty Most people, faced with 1k if they plead G or 5k if they plead NG, will go for the G regardless of what foul taste it leaves in their mouth (been there, done it, in motoring offences decades ago, where one faced a much bigger legal bill if going for NG…). Most pilots are successful business/professional people and most of those will write a cheque to get hassle off their back. It is mostly poor people (or very rich people with too much time) who go for justice, and this keeps the bottom end of the judicial system moving along nicely… If everybody called up to a magistrates’ court (the bottom layer in the UK for criminal cases) turned up with a 10k/day barrister, the system would grind to a halt (for a start, 100% of cases would be adjourned)

You kind of make it sound like there are a lot of those. Is that the case?

The present-day UK CAA prosecutes very few people. They got a bad name with some politically-historically motivated stuff e.g. Dennis Kenyon.

prosecutions

Administrator
Shoreham EGKA, United Kingdom

Thankfully they haven’t yet gone the Australian route of fixed penalties for violating each regulation:

CIVIL AVIATION REGULATIONS 1988 – REG 252A

Emergency locator transmitters
(1) The pilot in command of an Australian aircraft that is not an exempted aircraft may begin a flight only if the aircraft:

(a) is fitted with an approved ELT: (i) that is in working order; and (ii) whose switch is set to the position marked ‘armed’, if that switch has a position so marked; or (b) carries, in a place readily accessible to the operating crew, an approved portable ELT that is in working order.

Penalty: 25 penalty units.

EGPD / OMDW / YPJT, United Kingdom

I should have cited the more relevant regulation concerning transponders etc…. note that the Australian regulations typically tell you first that everything is an offence (quoting the applicable penalty) and then give a list of very prescriptive circumstances under which you may not be committing an offence…

CIVIL AVIATION REGULATIONS 1988 – REG 166E

Requirements for operating on or in the vicinity of certified, military, registered or designated non-controlled aerodromes
(1) The pilot in command of an aircraft commits an offence if:

(a) he or she operates the aircraft on the manoeuvring area of, or in the vicinity of, a non-controlled aerodrome that is:

(i) a certified aerodrome; or

(ii) a military aerodrome; or

(iii) a registered aerodrome; or

(iv) specified as a designated non-controlled aerodrome in a legislative instrument issued by CASA under regulation 166D; and

(b) he or she is not permitted to do so by subregulation (2), (3) or (4).

Penalty: 25 penalty units.

Note 1: For the definitions of certified aerodrome and registered aerodrome , see the CASR Dictionary.

Note 2: For the definition of military aerodrome , see subregulation 2(1).

Aircraft with serviceable radio and pilot with radiotelephone qualification

(2) The pilot in command of an aircraft may operate the aircraft on the manoeuvring area of, or in the vicinity of, a non-controlled aerodrome mentioned in paragraph (1)(a) if:

(a) the aircraft is carrying a serviceable aircraft VHF radio; and

(b) the pilot holds a radiotelephone qualification.

Flight in VMC during the day and in company

(3) The pilot in command of an aircraft may operate the aircraft on the manoeuvring area of, or in the vicinity of, a non-controlled aerodrome mentioned in paragraph (1)(a) if:

(a) either:

(i) the aircraft is not carrying a serviceable aircraft VHF radio; or

(ii) the pilot does not hold a radiotelephone qualification; and

(b) the aircraft is being operated for a flight:

(i) that is in VMC; and

(ii) that is not a night flight; and

(iii) that is undertaken in company with another aircraft; and

(c) the other aircraft is carrying a serviceable aircraft VHF radio; and

(d) the pilot in command of the other aircraft holds a radiotelephone qualification.

Unserviceable radio

(4) The pilot in command of an aircraft that is carrying an unserviceable aircraft VHF radio may operate the aircraft on the manoeuvring area of, or in the vicinity of, a non-controlled aerodrome mentioned in paragraph (1)(a) if:

(a) either:

(i) the radio became unserviceable during the flight; or

(ii) the purpose of the flight is to take the radio to a place where it can be repaired; and

(b) for an aircraft that is flying in the vicinity of the aerodrome—the pilot ensures that each of the following are switched on:

(i) the aircraft’s landing lights (if any);

(ii) the aircraft’s anti-collision lights (if any);

(iii) the aircraft’s secondary surveillance radar transponder (if any); and

(c) for an aircraft arriving at the aerodrome—the pilot joins the circuit pattern for the aerodrome on the cross-wind leg of the circuit pattern.

(5) An offence against subregulation (1) is an offence of strict liability.

Note the strict liability….so it doesn’t matter how innocent or accidental the transgression, you’re fined.

Just be thankful that EASA or the CAA are no where near this totalitarian…

Btw, one penalty point is 180AUD so failing to tie your transponder on will cost you more than 3000EUR….no questions asked.

Last Edited by AnthonyQ at 11 Jan 12:13
EGPD / OMDW / YPJT, United Kingdom

I have changed the title yet again

€3000 penalty… that’s pretty impressive!

I can’t work out those regs – do they basically mean “if you have a TXP you must turn it on”?

Administrator
Shoreham EGKA, United Kingdom

Peter wrote:

I can’t work out those regs – do they basically mean “if you have a TXP you must turn it on”?

Yes….and you think EASA regs are convoluted!

Btw, The penalty for forgetting to fit a CASA approved secondary lock (prop or throttle) is closer to 10,000 EUR…again with strict liability…they don’t want your plane stolen and flown into the Sydney Harbour bridge or Opera House…

The concept of “if it’s not forbidden it’s permitted” is anathema to CASA (Australians in general) so they get around that at the start by saying everything is forbidden, except the following….

Last Edited by AnthonyQ at 11 Jan 13:05
EGPD / OMDW / YPJT, United Kingdom

Guidance in the US for transponder operation is to have it turned on prior to moving onto the movement area, IOW, before taxi. Regulations require that a transponder be on when not in Class G airspace. AIP is not a regulation, but it does have numerous references to US regulations and differences from ICAO standards.

Edit, my transponder comes on in Mode C with the avionics master switch. The only time I forget to turn on the transponder is when some maintenance is performed and the transponder is turned off manually.

Last Edited by NCYankee at 11 Jan 14:00
KUZA, United States

AnthonyQ wrote:

Peter wrote:
I can’t work out those regs – do they basically mean “if you have a TXP you must turn it on”?
Yes….and you think EASA regs are convoluted!

I don’t think it means that. It means that if you have an unserviceable radio, operating in vicinity of one of those aerodromes, you must turn on your transponder if fitted.

EGTK Oxford

I can’t find the particular regulation, so don’t shoot me but the requirement in Australia is that all aircraft capable of powering a transponder must have one and have it switched on in 1) All airspace > FL100, 2) All Class A, C, D and E (there is no Class B in Aus)….in addition from 2017 (now) such aircraft shall also be fitted with ADS-B Out for all controlled airspace and all airspace > FL100….IFR or VFR. Mode S has been required on all new installations since 2014. Australian regulations are full of repetition and sometimes not consistent…there are CARs from 1988 slowly being replaced with CASRs from 1998…. In addition, to fly in Australia it is mandatory to carry the ENR section of the AIP (known as the ERSA)….even foreign aircraft flying into Australia for the first time….guess what if you don’t have one on you? Yep, 25 penalty points :)

EGPD / OMDW / YPJT, United Kingdom
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