Decisions

CAT File No. W-1252-02
MoT File No. SAP-6504-P165214-27256

CIVIL AVIATION TRIBUNAL

BETWEEN:

Kenny Christiansen, Applicant

- and -

Minister of Transport, Respondent

LEGISLATION:
Aeronautics Act, R.S.C., c. A-2, s. 6.9
Air Regulations, C.R.C. 1978, c.2, s. 408(c)

Mitigating factors, Reduction of sanction, Expired Medical Certificate, CAD


Review Determination
Robert J. MacPherson


Decision: October 17, 1996

The allegation is upheld. Mr. Christiansen does not pose a threat to aviation safety and has no medical problems. There was no intent not to renew. Consequently the suspension is reduced from seventy days to seven days. Said suspension will begin on the fifteenth day following the service of this determination.

The Review Hearing on the above matter was held Tuesday, October 8, 1996 at 10:00 hours, at Canada Place, in the city of Edmonton, Alberta.

At the outset of the Review Hearing, Mr. Stuffco stated that Mr. Christiansen admitted his Medical Certificate (formerly Licence Validation Certificate) was expired on the dates in question. He would only be arguing as to sanction.

NOTICE OF SUSPENSION

Pursuant to section 6.9 of the Aeronautics Act, the Minister of Transport has decided to suspend the above indicated Canadian aviation document on the grounds that you have contravened the following provision(s):

Section 408(c) of the Air Regulations, see Appendix 'A', attached.

APPENDIX 'A'

Count 1: It is alleged that on or about May 17, 1995, at or near Edmonton, in the Province of Alberta, you flew as pilot of aircraft, Cessna C414, Canadian registration C-GPMQ, when your Licence Validation Certificate had expired on May 01, 1995, thereby contravening Section 408(c) of the Air Regulations.

Suspension assessed:7 days

Count 2: It is alleged that on or about May 28, 1995, at or near Edmonton, in the Province of Alberta, you flew as pilot of aircraft, Cessna C414, Canadian registration marks C-GPMQ, when your Licence Validation Certificate had expired on May 01, 1995, thereby contravening Section 408(c) of the Air Regulations.

Suspension assessed:7 days

Count 3: It is alleged that on or about May 28, 1995, at or near Edmonton, in the Province of Alberta, you flew as pilot of aircraft, Cessna C414, Canadian registration marks C-GPMQ, when your Licence Validation Certificate had expired on May 01, 1995, thereby contravening Section 408(c) of the Air Regulations.

Suspension assessed:7 days

Count 4: It is alleged that on or about July 22, 1995, at or near Edmonton, in the Province of Alberta, you flew as pilot of aircraft, Cessna C414, Canadian registration marks C-GPMQ, when your Licence Validation Certificate had expired on May 01, 1995, thereby contravening Section 408(c) of the Air Regulations.

Suspension assessed:7 days

Count 5: It is alleged that on or about August 1, 1995, at or near Edmonton, in the Province of Alberta, you flew as pilot of aircraft, Cessna C414, Canadian registration marks C-GPMQ, when your Licence Validation Certificate had expired on May 01, 1995, thereby contravening Section 408(c) of the Air Regulations.

Suspension assessed:7 days

Count 6: It is alleged that on or about August 3, 1995, at or near Edmonton, in the Province of Alberta, you flew as pilot of aircraft, Cessna C414, Canadian registration marks C-GPMQ, when your Licence Validation Certificate had expired on May 01, 1995, thereby contravening Section 408(c) of the Air Regulations.

Suspension assessed:7 days

Count 7: It is alleged that on or about August 5, 1995, at or near Edmonton, in the Province of Alberta, you flew as pilot of aircraft, Cessna C414, Canadian registration marks C-GPMQ, when your Licence Validation Certificate had expired on May 01, 1995, thereby contravening Section 408(c) of the Air Regulations.

Suspension assessed:7 days

Count 8: It is alleged that on or about August 9, 1995, at or near Edmonton, in the Province of Alberta, you flew as pilot of aircraft, Cessna C414, Canadian registration marks C-GPMQ, when your Licence Validation Certificate had expired on May 01, 1995, thereby contravening Section 408(c) of the Air Regulations.

Suspension assessed:7 days

Count 9: It is alleged that on or about August 13, 1995, at or near Edmonton, in the Province of Alberta, you flew as pilot of aircraft, Cessna C414, Canadian registration marks C-GPMQ, when your Licence Validation Certificate had expired on May 01, 1995, thereby contravening Section 408(c) of the Air Regulations.

Suspension assessed:7 days

Count 10: It is alleged that on or about August 13, 1995, at or near Edmonton, in the Province of Alberta, you flew as pilot of aircraft, Cessna C414, Canadian registration marks C-GPMQ, when your Licence Validation Certificate had expired on May 01, 1995, thereby contravening Section 408(c) of the Air Regulations.

Suspension assessed:7 days

The suspension comes into effect on the 12th day of April, 1996 and remains in effect until the 20th day of June, 1996.

Note: There are 10 violations in appendix 'A', each carrying a 7-day suspension for a total of 70 days suspension.

THE LAW

Paragraph 408(c) of the Air Regulations:

408. No person shall fly or attempt to fly as a flight crew member of an aircraft, or otherwise act or attempt to act in the capacity in which a licence issued or validated under this Part or a permit issued under this Part entitles him to act,

(...)

(c) after his permit or licence or the document validating his licence has been cancelled or has expired.

Personnel Licensing Handbook, Volume 1, CHAPTER 4 – PRIVATE PILOT LICENCE:

2. Medical Fitness and Revalidation

(...)

The normal medical validity period for the licence holder under 40 years of age is 24 months and for a licence holder 40 years of age or over, is 12 months.

EVIDENCE

Mr. R. (Rick) McFarlane, Regional Superintendent of Civil Aviation Enforcement was sworn. He testified that as a result of an incident which occurred near Wainwright, Alberta, he had occasion to investigate Mr. Christiansen's licence status.

Mr. Christiansen's Medical Certificate had expired May 1, 1995. He had flown 10 flights between the time the Medical Certificate expired and the time Mr. McFarlane brought the lack of a Medical Certificate to his attention.

Mr. Christiansen testified he turned 40 in 1992. Until that time he had renewed his Medical Certificate every 2 years as is required of a private pilot. He had no intention of flying without a Medical Certificate and had no record of medical problems. He testified he had no reason not to renew the Medical Certificate; it was simply an oversight. Mr. Christiansen has taken steps to ensure the yearly medical examination is performed in a timely manner in the future.

DISCUSSION

Mr. Christiansen admits he flew the 10 flights with an invalid Medical Certificate.

Mr. McFarlane stated the suspensions, 70 days, were the minimum as suggested in the Transport Canada Enforcement Manual.

Mr. Stuffco argued the purpose of the enforcement was to ensure safety and deterrence. He further argued that excessive enforcement caused resentment (quoting from Transport Canada Enforcement Manual).

Mr. Christiansen renewed his Medical Certificate within 5 days of being notified of the lapse. He admitted the oversight and took steps to ensure the offence does not recur in the future.

DETERMINATION

Mr. Christiansen admits the Medical Certificate had expired. Had he realized his oversight sooner, he would have remedied it at that time. He took immediate steps to reinstate his Medical Certificate after notification and does not pose a threat to aviation safety. He has no medical problems. There was no intent not to renew.

The suspension is reduced from 70 days to 7 days.

Robert MacPherson
Member
Civil Aviation Tribunal