Decisions

CAT File No. C-0396-33
MoT File No. 6504-P116040-025114

CIVIL AVIATION TRIBUNAL

BETWEEN:

Minister of Transport, Applicant

- and -

Captain Stanley John Ruffell, Respondent

LEGISLATION:
Aeronautics Act, R.S.C. 1985, c. A-2, s. 7.7


Review Determination
Gordon R. Mitchell


Decision: January 19, 1996

I find that the Respondent, Captain Stanley John Ruffell did contravene air Regulation 548(1)(b).

I confirm the Minister's decision to assess a monetary penalty of $200.00 to be made payable to the Receiver General for Canada and sent to the Civil Aviation Tribunal within fifteen days of the receipt of this determination.

A Review Hearing on the above matter was held Tuesday, January 9, 1996 at 13:00 hours at the Environment Canada Building, in the city of Winnipeg, Manitoba.

The Notice of Assessment of Monetary Penalty reads as follows:

Pursuant to section 7.7 of the Aeronautics Act, the Minister of Transport has decided to assess a monetary penalty on the grounds that you have contravened the following provision(s):

Air Regulation 548 (l)(b) in that, approximately 12:25 UTC hours on June 8, 1994 at or near Winnipeg, Manitoba, being the pilot-in-command of a Hawker Siddeley DH 125 aircraft bearing the Registration Marks C-FMTC that was flown in IFR flight, you did unlawfully fail to ensure that the said aircraft was flown in accordance with the air traffic control clearance and, more specifically, when cleared a FAVIT FOUR departure from runway 18, you did not track 183 degrees toward Whiskey NDB nor turn left to a heading of 170 degrees at 4 DME climbing as cleared to 6 DME.

THE LAW

Paragraph 548(l)(b) of the Air Regulations reads as follows:

548. (1) The pilot-in-command of an aircraft that is in IFR flight or IFR weather conditions shall

(a). . .

(b)ensure that the aircraft is flown in accordance with the air traffic control clearance

OVERVIEW

The issue here is the departure of an IFR Jet aircraft from the Winnipeg International Airport on June 8, 1994 at approximately 12:25 UTC hours. The aircraft had been issued and had accepted an IFR clearance which included a standard instrument departure, a FAVIT FOUR – included in the FAVIT FOUR is a set of initial procedures the pilot must carry out.

It is alleged that the pilot did not comply with the initial part of the FAVIT FOUR instrument departure.

EVIDENCE

The Minister's witness, Inspector Brown, was called, and he verified the following exhibits:

M-1: A copy of the Certificate of Registration of Aircraft C-FMTC, a Hawker Siddeley DH-125.

M-2: A copy of a page from the Journey Log for C-FMTC showing on line three the departure from Winnipeg International on June 8, 1994 at 05:20 Pacific Time.

M-3: A printout of all the departure tracks from Winnipeg International on June 8, 1994.

M-4: A copy of the Radar track for C-FMTC departure from runway 18 on June 8, 1994.

M-5: A copy of the Record of Pilot Balloon Ascent on June 8, 1994 at 14 Z.

M-6: An audio tape from Air Traffic Control and a transcript which covers clearance given to C-FMTC.

M-7: A copy of the FAVIT FOUR departure that was in effect on June 8, 1994. The portion that was of concern at this hearing is as follows:

RWY 18: TURBO-JET/TURBO-FAN aircraft - TRACK 183° toward Whiskey NDB to 4 DME. Turn left to heading 170° climbing as cleared to 6 DME. At 6 DME, turn right direct FAVIT direct FAREN direct YDR.

M-8: Copy of Notam for FAVIT FOUR departure from runway 18 at Winnipeg International Airport.

CONCLUSION

Captain Ruffell, the Respondent, did not appear at this hearing. Captain Ruffell had requested that a letter he was sending be read into the hearing; the letter did not arrive.

A printout of the Noise Abatement Procedural Deviation in effect on June 8, 1994, Exhibit M-3, shows all Jet departures on that date, and only one radar track does not conform to the established rule. The track is that of C-FMTC departing from runway 18.

Exhibit M-4 further establishes the failure of C-FMTC to follow the clearance given and accepted for departure from runway 18; this shows the radar track for C-FMTC.

Captain Ruffell, as pilot-in-command of Hawker Siddeley DH-125, C-FMTC, did not fly in accordance with the air traffic control clearance given when he departed Winnipeg International from runway 18 on June 8, 1994.

DETERMINATION

I confirm the Minister's decision to assess a monetary penalty of $200.00.

Gordon R. Mitchell
Member
Civil Aviation Tribunal