Decisions

CAT File No. C-1852-33
MoT File No. RAP5504-P151226-033714

CIVIL AVIATION TRIBUNAL

BETWEEN:

Minister of Transport, Applicant

- and -

Clifford William Arlt, Respondent

LEGISLATION:
Aeronautics Act, R.S.C. 1985, c. A-2, s. 7.7
Canadian Aviation Regulations, SOR/96-433, 602.31(1)(a)

Safety, Runway Clearance, Reduction of Monetary Penalty, Holding Short, Holding Marks, Deterrent


Review Determination
William Thornton Tweed


Decision: November 26, 1999

I uphold the Minister's decision and find that the Respondent committed the offence as set out. However, in the circumstances I reduce the penalty from $250.00 to $50.00. This amount, payable to the Receiver General for Canada, must be received by the Tribunal within fifteen days of service of this determination.

A Review Hearing on the above matter was held Tuesday, October 19, 1999 at 10:00 hours at the Federal Court of Canada in the city of Winnipeg, Manitoba.

BACKGROUND

The Respondent Clifford William Arlt was accused of contravening paragraph 602.31(1)(a) of the Canadian Aviation Regulations (CARs):

602.31 (1) Subject to subsection (3), the pilot-in-command of an aircraft shall

(a) comply with and acknowledge, to the appropriate air traffic control unit, all of the air traffic control instructions directed to and received by the pilot-in-command

THE FACTS

The Respondent acknowledged he was the pilot-in-command of a Piper PA-34-200 Canadian Registered C-GRUH which was being operated as Keystone 104 and was departing from Winnipeg International Airport on May 11, 1999.

At approximately 23:28 UTC Winnipeg ground control cleared Keystone 104 to taxi to runway 18 with an instruction to hold short of runway 31.

Keystone 104 acknowledged the clearance.

A short time later the ground controller observed Keystone 104 beyond the hold marks and instructed Keystone 104 to stop.

The controller's evidence was that Keystone 104 came to a stop approximately 20 feet beyond the holding marks.

The Respondent's evidence was that he had a momentary lapse but had recognized his error and was already in the process of stopping when he received the instruction to stop. He said he came to a stop with the tail of the aircraft over the holding marks.

It was not disputed that Keystone 104 stopped well short of runway 31 and there was no danger to other aircraft.

THE OFFENCE

Paragraph 602.31(1)(a) of the CARs:

The Respondent admitted that he did not stop at the holding marks on the taxiway thereby exceeding the limit of his clearance and committing the offence.

ARGUMENT

The Applicant argued that all elements had been proven and that as it was a first offence the "standard" $250.00 monetary penalty was appropriate.

The Respondent argued that notwithstanding his actions violated the CARs he believed his infraction was so minor that it should not be enforced.

REASONS

I accept the Respondent's evidence that he was in the process of stopping when he received the instruction to stop. The Respondent's witness, Mr. Brandl, said that there was no heavy braking, that fact along with the fact that the aircraft came to a stop very close to the holding markings strongly supports the Respondent's assertion that he was in the process of stopping. The Respondent's evidence is an admission of the offence. However, as there was no evidence that safety was compromised, or that a significant monetary penalty is needed to act as a deterrent, I am persuaded in the circumstance to reduce the monetary penalty to $50.00.

William Thornton Tweed
Member
Civil Aviation Tribunal