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National CAA policies around Europe on busting pilots who bust controlled airspace (and danger areas)

JasonC wrote:

Action can be taken against them by the MCA, PLA and the Environment Agency.

Do any of these actions allow for immediate suspension of their ability to get about?

I haven’t said they are exactly the same, merely that many administrative bodies have prosecutorial powers. It isn’t;t just the CAA and CPS.

EGTK Oxford

Ah, with you know, only the CAA that can and do suspend a licence without oversight.

It sounds to me that may be a privilege beyond the law and our civil rights. What is the precedent?

There are a couple of ANO clauses which enable the CAA to do it.

See articles 253 and 254 here.

So, blame the MPs who voted on the Bill. Probably while they were sleeping off their very satisfactory lunch.

Again, perhaps surprisingly, I have no issue with this capability. The problem is the way it is used. You get Gasco (possibly a warning letter before that) and then the suspension. So, potentially, two very minor CAS busts within 2 years is all it takes.

I believe HM Customs are legally able to smash into my house at 3am and take away its entire contents. Am I worried about that? No.

Administrator
Shoreham EGKA, United Kingdom

Ah OK, I was wondering if there was any of those groups which could remove one’s ability to travel around by their chosen method in the way that the CAA can. It appears not.

It’s just a shame how this present strategy seems to be so obviously against sensible and safe practice.

Of course it’s not just removal of travel that’s relevant, it’s also removal of livelihood.

Egnm, United Kingdom

flybymike wrote:

Of course it’s not just removal of travel that’s relevant, it’s also removal of livelihood.

Well they can almost all stop commercial operations so livelihood.

EGTK Oxford

“I believe HM Customs are legally able to smash into my house at 3am and take away its entire contents. Am I worried about that? No.”

No, other than in respect of specific taxes, and then not private premises and not normally at unreasonable hours and then accompanied by a police officer otherwise only by warrant, only mentioned because it makes one realise just how abusive it is to suspend a licence if you dont agree to GASCo.

Well they can almost all stop commercial operations so livelihood.

Relevance to present topic = 0.0000

That said, I am not surprised lots of school planes are not radiating altitude. And any airline pilot doing GA needs to be extremely careful; most of those I know are flying non-txp types anyway.

Administrator
Shoreham EGKA, United Kingdom

Fuji_Abound wrote:

The reality is you can be three times over the alcohol limit and will not get a licence suspension on the roads until you are found guilty in Court.

My understanding is that in continental Western Europe, for such egregious cases, the police has quick access (by mobile phone / radio) to a prosecutor / judge / prosecuting judge that will issue the provisional licence suspension. A bit the same to how they get a search warrant. My understanding is that they don’t give you the judge on the phone for a quick represent-yourself defence. They just give the facts to the judge, and (s)he “decides”. Formally it is the judge that decides, but while maybe not exactly 100% a rubberstamping process, my understanding is that these judges typically trust the police with the facts given, and thus rarely, if ever, deny the police’s request.

ELLX
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