Decisions

CAT File No. C-1442-41
MoT File No. RAP6504-C6834-029247

CIVIL AVIATION TRIBUNAL

BETWEEN:

Minister of Transport, Applicant

- and -

Wamair Service & Outfitting Inc., Respondent

LEGISLATION:
Aeronautics Act, S.C., c.A-2, s.7.7
Air Navigation Orders, VII, No.3, s.19.1(2)

Standard Safety Briefing


Review Determination
Gordon R. Mitchell


Decision: July 15, 1997

I confirm the Minister's decision to assess a monetary penalty of $100.00 each for both Count #1 and Count #2 being a total of $200.00. This amount of $200.00 is payable to the Receiver General for Canada and must be received by the Civil Aviation Tribunal within fifteen days of service of this determination.

A Review Hearing on the above entitled matter was held Thursday, June 26, 1997 beginning at 13:27 hours at the Federal Court of Canada, in the city of Winnipeg, Manitoba.

BACKGROUND

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):

COUNT #1:

Air Navigation Order Series VII, No. 3. para. 19.1(2), in that, at approximately 15:30 hours local on July 18, 1996, at or near Matheson Island, Manitoba, being an air carrier, you did unlawfully fail to ensure that all passengers on board an aeroplane, to wit, a Cessna U206G aircraft, bearing Canadian registration marks C-GXSK, were provided with a standard safety briefing, orally by a crew member or by audio-visual means, prior to take-off.

SCHEDULE A – ANNEX A

COUNT 2:

FURTHER, in that, at approximately 15:15 hours local on July 22, 1996, at or near Berens River, Manitoba, being an air carrier, you did unlawfully fail to ensure that all passengers on board an aeroplane, to wit, a Cessna U206G aircraft, bearing Canadian registration marks C-GXSK, were provided with a standard safety briefing, orally by a crew member or by audio or audio-visual means, prior to take-off.

a violation of Air Navigation Order Series VII, No. 3, para. 19.1(2).

APPLICATION OF PENALTY:

COUNT #1 =   $ 100.00

COUNT #2 =   $ 100.00

TOTAL:         $ 200.00

THE LAW

Air Navigation Order, Series VII, No. 3, subsection 19.1(2) reads:

(2) An air carrier shall ensure that all passengers on board an aeroplane are provided with a standard safety briefing, orally by a crew member or by audio or audio-visual means, prior to take-off, in flight because the level of turbulence exceeds light turbulence, and, when at least one cabin attendant is on board, prior to landing.

OVERVIEW

On July 18, 1996, Frances M. Wokes travelled from Matheson Island, Manitoba, to Berens River, Manitoba with Wamair Service & Outfitting Inc. in Cessna U206G aircraft C-GXSK flown by pilot Tegart. This aircraft was on wheel undercarriage, and part of the flight was over water.

Ms. Wokes made the return flight from Berens River to Matheson Island on July 22, 1996 in the same aircraft flown by the same pilot.

The Minister's first witness, Richard Gagnon, the investigating Inspector for Transport Canada in this case, presented the following exhibits during questioning:

M-1 A copy of Operating Certificate No. 8014 for Wamair Service & Outfitting Inc.

M-2 A copy of the Certificate of Registration of aircraft for Cessna U206G, C-GXSK.

M-3 A copy of two double pages from the journey log for C-GXSK highlighting flights on July 18, 1996 departing Matheson Island at 15:20 hours and on July 22, 1996 departing Berens River at 16:02 hours.

M-4 A copy of two pages of Weight Control and Passenger Manifest for C-GXSK, one for July 18, 1996 and the other for July 22, 1996.

M-5 A copy of a statement made and signed by Frances M. Wokes.

M-6 A copy of a written statement of Frances M. Wokes taken by Inspector William Hanson at Winnipeg.

M-7 A copy of a receipt for flights taken by Ms. Wokes on July 18 and 22, 1996. Date of payment July 22, 1996.

The Minister's second witness was Frances M. Wokes, Transport Canada Inspector, Manager, Cabin Safety Projects.

Ms. Wokes related in testimony that she had booked a charter to Berens River to visit her sister. She had expected to travel in a Cessna 185 on floats, but on arrival at Matheson Island found that she would travel to Berens River on a Cessna 206 on wheels. The flight to Berens River left Matheson Island on July 18, 1996 at approximately 15:20 hours, the pilot's name was Tegart, the aircraft was Cessna 206 C-GXSK, and part of the flight was over water. Wamair Service & Outfitting Inc. is a commercial operator.

Ms. Wokes stated that no safety briefing was given on this flight, that there was cargo on board that was not secured, and that she did not see any life preservers.

On July 22, 1996, the same aircraft and pilot arrived at Berens River for her return flight to Matheson Island. On its arrival, she noted that the load into Berens River consisted of three adults, three children and cargo in the rear. The cargo she stated was not secured.

At approximately 16:00 hours the aircraft departed for Matheson Island with Ms. Wokes and three other passengers on board. There was cargo in the aft cabin, and she stated that it was not secured. No safety briefing was given by the pilot, although Ms. Wokes did see a safety features card in the seat pocket ahead of her.

CONCLUSION

There are several infractions noted in the testimony given, but the failure of a crew member to give a standard safety briefing prior to take-off is the alleged issue that prompted the assessment of a monetary penalty.

Inspector Brown understood from conversation with Mr. Mowat that he (William Mowat, President of Wamair Service & Outfitting Inc.) would be attending the Review Hearing. Mr. Mowat did not attend or send word that he would be absent.

I accept the testimony given as factual and straightforward.

DETERMINATION

I confirm the Minister's decision to assess a monetary penalty of $100.00 each for both Count #1 and Count #2 being a total of $200.00.

Gordon R. Mitchell
Member
Civil Aviation Tribunal