Decisions

CAT File No. C-1285-33
MoT File No. RAP-6504-P346503-027576

CIVIL AVIATION TRIBUNAL

BETWEEN:

Minister of Transport, Applicant

- and -

Kenneth Wayne Frey, Respondent

LEGISLATION:
Aeronautics Act, R.S.C., 1985, c. A-2, s. 7.7
Air Carriers Using Small Aeroplanes Order, (Air Navigation Order, Series VII, No. 3), s. 39(3)

Crew Member Requirements


Review Determination
William C. Pearson, Q.C.


Decision: October 17, 1996

The agreed statement of facts contained an admission that the allegation by the Minister was correct. Accordingly I must find the contravention occurred as alleged. As this is Mr. Frey's first offence and as the penalty of $750.00 is the minimum, then I am of the opinion that it is adequate and should not be changed. This amount, payable to the Receiver General for Canada, must be received by the Tribunal within fifteen days of service of this determination.

The Review Hearing on the above matter was held Friday, September 27, 1996 at 10:00 hours at the Red Lake Inn, in Red Lake, Ontario.

Upon opening the Review Hearing, I was advised that the parties had agreed to the facts stated in Exhibit M-1.

The agreed statement of facts contained an admission that the allegation by the Minister was correct. Accordingly I must find the contravention occurred as alleged.

Mr. Frey, in argument, showed how he arrived at the conclusion that he could operated IFR as a single crew member in a multi-engine aircraft. Mr. Frey has since qualified on his Pilot Proficiency Checks to fly the Navajo as a single crew member. It is, however, quite clear that at the time, he was not so qualified. Unfortunately, Mr. Frey's interpretation of the Operating Certificate of Wildcountry Airways Ltd. does not provide such authority unless he is personally qualified.

There remains only the question of the penalty. As this is Mr. Frey's first offence and as the penalty of $750.00 is the minimum, then I am of the opinion that it is adequate and should not be changed.

William C. Pearson, Q.C.
Member
Civil Aviation Tribunal