Form 20
AFFIDAVIT
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
No: of 2008
RICHARD HAROLD SMITH
Applicant
CIVIL AVIATION SAFETY AUTHORITY
Respondent
AFFIDAVIT
(Form 20)
(Order 14 rule 2)
On the 11th day of June 2008 I, RICHARD HAROLD SMITH of 1 Booligal Road, Terrey Hills, NSW 2084, Company Director, say on oath:
1. I hold a Private Pilot Licence (PPL) for both aeroplanes and helicopters. I have held my fixed wing PPL since 27 April 1973, and my helicopter PPL since 7 March 1979.
2. I have achieved over 9,000 hours flying time, including over 1,300 hours jet time.
3. On 10 January 2008, I wrote a letter to Mr Bruce Byron, Chief Executive Officer, Civil Aviation Safety Authority (CASA) seeking urgent dispensation or approval to:
(a) join the circuit pattern at a non-controlled aerodrome on the base leg, for the direction in which landing is to be undertaken; and
(b) to conduct a straight in approach of less than five miles at a non-controlled aerodrome,
pursuant to subregulation 166(4) of the Civil Aviation Regulations 1988 (Cth) (the Regulations) (the request for approval).
4. I sought CASA's approval to improve safety and efficiency, as well as for noise abatement. The current prescriptive requirements mean that at times when approaching to land I am forced to fly a single engine aircraft extra distance at low level over populated areas such as towns and schools, or over inhospitable terrain. An engine failure at that time could end in loss of life for those in the aircraft or on the ground. The approval would enable me to choose the safest and most direct route to the airport.
5. Annexed to this affidavit and marked “DS-1” is a copy of my letter dated 10 January 2008. I have not received a response from CASA to this letter.
6. On 15 January 2008, I emailed Mr Malcolm Campbell, Team Leader – Flying Operations, CASA to renew my application. Annexed to this affidavit and marked “DS-2” is a copy of this email. I have not received a response from CASA to this letter.
7. On 15 April 2008, I sent a further letter to Mr Byron seeking a response to my request for approval. Annexed to this affidavit and marked “DS-3” is a copy of this letter. I have not received a response from CASA to this letter.
8. For safety reasons, an urgent decision by CASA is imperative to reduce the chance of an engine failure over a populated area causing injuries or fatalities.
9. On 1 March 2000 I applied to CASA under the Regulations for dispensation in relation to landing aircraft at the aerodrome in Gundaroo, New South Wales. On 9 October 2000 CASA provided me with a direction outlining landing procedures at the aerodrome in Gundaroo, New South Wales. This direction allowed a straight-in approach without the five nautical mile minimum requirement. Annexed to this affidavit and marked “DS-4” is a copy of CASA’s direction in relation to this request.
Sworn at Sydney
before me:
____________________________
(Justice of the Peace/Solicitor)
Form 20A Affidavit — certificate of compliance
(Order 14, rule 5A)
I, Mark O’Brien certify to the Court that the affidavit of Richard Harold Smith sworn on 11 June 2008 filed on behalf of the Applicant complies with Order 14, rule 2 of the Federal Court Rules.
Date:
Solicitor for the Applicant
