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old man emu

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Posts posted by old man emu

    Let's be up-front about the Black Dog

    in AUS/NZ General Discussion

    Posted

    Discussing the Black Dog (depression/anxiety disorder) is NOT Off Topic. The Black Dog bites each and every one of us. Some it slobbers on. Some it nips. And for others it mauls.

     

    As a group consisting mainly of middle to elderly men, our Life experiences have exposed us to this rabid animal. It is our role as elders of our communities to provide advice and counsel to those whom the Black Dog is tracking.

     

    We are a powerful group with wide exposure in the community. Let's use our power and exposure to remove the perceived stigma of talking about our feelings and seeking the correct help.

     

    In this, we are never on solo flights.

     

    Old Man Emu

     

     

    • Like 5
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    Maybe CASA is about to have a FIFA moment

    in Governing Bodies

    Posted

    I overheard some talk that a member of the aviation community has obtained some pretty damning evidence of administrative misconduct at high levels in CASA and that the exposure of the evidence will bring down some empires. Rumour has it that at least one administrator has made an early exit before the ship sinks.

     

    Keep your ears and eyes open.

     

    OME

     

     

    • Like 5
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    You should tell your passengers

    in AUS/NZ General Discussion

    Posted

    OME:That is what I got from your post. If you fly an RAA registered aircraft, you will have a big notice somewhere (supposed to be in plain view of the pax) to the effect that flying is dangerous and our aircraft are not constructed to GA safety standards and that you fly with me at your own risk...or words to that effect.

    It is not only RAA aircraft. This applies to all aircraft. Actually, it applies to carriage in any vehicle, or on any animal when the activity is "recreational"

     

    Go for a ride as a passenger in a 4WD doing some bush bashing - 5L applies.

     

    Go for a horse ride on a borrowed horse - 5L applies.

     

    Go for a speedboat or jet-ski ride - 5L applies.

     

    Facthunter,

     

    On my reading of the judgement, I came to the conclusion that the Judge correctly directed himself to the crux of the matter.

     

    I had some involvement in the evidence of one of the expert witnesses, and I am aware of some of the Plaintiff's claims and Defendant's replies. The Judge addressed the Plaintiff's claims and accepted that the cause of the engine failure was immaterial, but was the "materialisation of an obvious risk". Engines, being a machine, break. That's common knowledge.

     

    He accepted that, because of the speed at which airplanes contact the ground on landing, there is an element of danger in landing an airplane at any time. Don't forget that the plane was under controlled flight until the moment the wheels touched the ground. It was unfortunate that the plane ran into a gully on its landing roll. Can you identify a gully in a grassy paddock from circuit height?

     

    I think the Judge applied his, perhaps limited, aeronautical knowledge quite soundly. He wasn't fully on the Defendant's side and had some adverse comments to make, but on the Point of Law, he was quite correct.

     

    OME

     

     

    • Agree 1

    You should tell your passengers

    in AUS/NZ General Discussion

    Posted

    You've missed the point.

     

    5L defends the pilot against the claim of the passenger.

     

    Society accepts that going into the air is an action that involves risk of injury. Jumping into the air from a trampoline is risky. Returning any sort of flying machine to the ground is risky. The "obvious risk" would relate to anything other than incompetency in piloting, or criminal action (low flying, unqualified pilot flying into adverse meteorological conditions, flight manoeuvres outside the performance envelope of the aircraft, deliberate flight into land or sea.

     

    OME

     

     

    • Agree 2

    You should tell your passengers

    in AUS/NZ General Discussion

    Posted

    How liable is the pilot, or owner, or operator of an airplane for injuries suffered by a passenger during a recreational flight?

     

    I started looking into this situation when it was mentioned that the pilot who died at Katoomba at the end of February just passed, had been involved in Civil litigation as a result of a forced landing during an instructional flight. The bare basics of the case were that the engine failed during flight and the plaintiff claimed he was injured in the ensuing forced landing. The whys and wherefores of the engine failure are not relevant here.

     

    The decision of the Court was that the defendant (the pilot) "cannot be held liable in negligence for the injury sustained by the plaintiff by reason of the provisions of section 5L" (of the Civil Liability Act 2002 - NSW) which says:

     

    5L No liability for harm suffered from obvious risks of dangerous recreational activities

     

    (1) A person "the defendant" ) is not liable in negligence for harm suffered by another person ("the plaintiff" ) as a result of the materialisation of an obvious risk of a dangerous recreational activity engaged in by the plaintiff.

     

    (2) This section applies whether or not the plaintiff was aware of the risk.

     

    5F Meaning of "obvious risk"

     

    (1) For the purposes of this Division, an obvious risk to a person who suffers harm is a risk that, in the circumstances, would have been obvious to a reasonable person in the position of that person.

     

    (2) Obvious risks include risks that are patent or a matter of common knowledge.

     

    (3) A risk of something occurring can be an obvious risk even though it has a low probability of occurring.

     

    (4) A risk can be an obvious risk even if the risk (or a condition or circumstance that gives rise to the risk) is not prominent, conspicuous or physically observable.

     

    5K Definitions

     

    (1) In this Division:

     

    (2) dangerous recreational activity means a recreational activity that involves a significant risk of physical harm.

     

    (3) obvious risk has the same meaning as it has in Division 4.

     

    (4) recreational activity includes:

     

    (a) any sport (whether or not the sport is an organised activity), and

     

    (b) any pursuit or activity engaged in for enjoyment, relaxation or leisure, and

     

    © any pursuit or activity engaged in at a place (such as a beach, park or other public open space) where people ordinarily engage in sport or in any pursuit or activity for enjoyment, relaxation or leisure.

     

    In its judgement, the Court commented,

     

    "69. As common sense dictates, if something does "go wrong" with the operation of an aircraft in flight, including landing it, there is a significant risk of physical harm. Taking into account the height at which light aircraft operate, and the speed at which they travel while landing, as matters about which there can be no controversy, I have no doubt that at the appropriate level of abstraction which is necessary in considering this matter that there was a significant risk of physical harm."

     

    The Court illuminated its opinion by the following comparison,

     

    "The activity in which the plaintiff was involved is in a similar category to recreational parachute jumping, statistically safe, but involving some (lesser) risk of danger.

     

    The upshot of all this is that if you advise a passenger that flying in a non-commercial situation is, per se, a dangerous recreational activity, and your passenger boards your airplane afterwards, then you are not liable for any injuries the passenger might suffer if you are competent to fly the airplane, and do so to the extent of your competency.

     

    Old Man Emu

     

     

    • Like 2

    Let's play "Pun Trivia"

    in Aviation Laughter

    Posted

    Pub Trivia is a bit passe for the intellects of the members of this forum. So let's up the ante a bit and play "Pun Trivia" to test your wits (and recycle horrible "Dad jokes")

     

    Here's the first question ....

     

    From which Scottish Clan does the British Secret Service recruit its agents?

     

    >

     

    >

     

    >

     

    >

     

    Clan Destine!

     

    OME

     

     

    • Like 2

    FW190

    in Aircraft General Discussion

    Posted

    I think that since the one depicted has a radial, it is one of the early production types. I think they went with the in-line engine later on. Probably changed engines due to poor performance at altitude as 2tonne suggests.

     

    OME

     

     

    Storms damage aircraft at Camden

    in Aircraft Incidents and Accidents

    Posted

    It wasn't Camden Airport, the GA airport, but The Oaks which is the recreational flying airport to the southwest.

     

    http://www.9news.com.au/national/2016/02/21/07/35/storms-in-sydney-overnight-destroy-at-least-six-light-planes

     

    Once again, our professional media failed to check basic facts before shooting from the keyboard.

     

    https://en.wikipedia.org/wiki/The_Oaks_Airfield

     

    I had a look at the weather radar about 3:30pm and saw the single cell moving in a northwesterly direction. The cell was an isolated one, and didn't do much outside its perimeters.

     

    Commiserations to the businesses, clubs and private owners who suffered loss from this freak of Nature.

     

    OME

     

     

    • Agree 1
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