Transcript The FPP Test: What you need to know

The FPP Test
What you (or your students)
need to know
Flight Training Division Presentation
AIA Aviation Week Conference July 2011
Flight Training Division. AIA 2011 Conference
Overview
• The FPP test in the civil aviation
context
• Civil Aviation Act provisions
• How it applies to pilots as new
entrants
• Continuing FPP obligations of
licensed pilots
www.amclegal.co.nz
Flight Training Division. AIA 2011 Conference
FPP in the aviation context
Why does it apply to aviation participants?
To protect and promote
• the public interest in aviation safety
• the interests of participants in the aviation system
How is this achieved ?
• By requiring participants who hold or exercise control over
an aviation document to satisfy the FPP test (s9 CA Act)
• By enforcing appropriate sanctions where participants do
not satisfy the FPP test (s17-20 CA Act)
Who decides?
• The Director of Civil Aviation, the Courts
www.amclegal.co.nz
Flight Training Division. AIA 2011 Conference
Civil Aviation Act
Section 10: The Mandatory FPP criteria
The Director must:
• Have regard to the degree and nature of a person’s
proposed involvement in the civil aviation system; and
• Consider the person’s:
o Compliance history with transport safety regulations
o Related experience within transport industry
o Knowledge of civil aviation regulatory requirements
o Physical, mental health or serious behavioural issues
o Convictions for transport safety offences; and
o Any evidence that a transport safety offence or breach of
the Civil Aviation Rules has been committed
www.amclegal.co.nz
Flight Training Division. AIA 2011 Conference
s10 - Other relevant matters
The Director may:
• Take into account any other matter or evidence
considered relevant
• Seek and receive, and consider, any information
obtained from any source
Other relevant information may include:
o Other criminal convictions
o Testimonials, references from industry
o Adverse information from industry
The weight to be given to any relevant matter, and the final
FPP decision, are at the discretion of the Director
www.amclegal.co.nz
Flight Training Division. AIA 2011 Conference
Section 11: Proposed adverse decisions
The Director must:
• disclose any adverse information taken into account, or
notify any proposed adverse FPP decision; and
• Allow the person a reasonable opportunity to refute or
comment on it; and
• After considering any response, notify the final decision
and, if it is adverse, explain the consequences
Section 66: Appeal to the Courts
Adverse FPP decisions and decisions affecting the validity or
exercise of the privileges of an aviation document may be
appealed to the District Court
www.amclegal.co.nz
Flight Training Division. AIA 2011 Conference
FPP test applied to new pilots
• A typical profile for a young student pilot applying for a
PPL or CPL will be:
•
Knowledge of civil aviation regulations – at the required
standard for the applicable licence
•
Civil aviation flying experience – at or slightly above
minimum required hours
•
Has drivers licence
•
Little or no other transport sector (commercial) experience
•
No serious physical, mental health or behavioural concerns
• In such cases the Director will focus on:
•
Any history of land transport infringement offences or
convictions
•
Any other convictions that may be of relevance
www.amclegal.co.nz
Flight Training Division. AIA 2011 Conference
Land transport infringement offences
• One or two - unlikely to be significant concern
• On-going history - will be viewed seriously and scrutinised
Land Transport convictions
• Will be assessed in light of all of the other FPP criteria
• More than one conviction, and/or combination of
convictions and infringements – viewed seriously,
increases level of scrutiny of applicant
Other convictions
• Must be relevant to the licence being sought- eg drugs
• Combination with any transport safety offences will
increase seriousness and scrutiny
www.amclegal.co.nz
Flight Training Division. AIA 2011 Conference
Other factors that may be relevant to
adverse offences history
• Length of time since or between offence(s)
• Particular circumstances/seriousness of offence(s)
• Character references and testimonials – flight instructors
• Whether restrictions or conditions could address any
safety concerns
Points to Note
• No statutory presumption that a conviction = not fit and
proper
• No minimum ‘conviction free period’ applies
• Must be assessed on a case by case basis and with
regard to intended role in the system
www.amclegal.co.nz
Flight Training Division. AIA 2011 Conference
Ongoing FPP obligations
• Participants must remain fit and proper to exercise the
privileges of any aviation document held (s9(3) CA Act)
• Criteria in s10 continue to apply
• Failure to disclose relevant FPP information
• is an offence under the Act – s49(1)(c)
• may itself lead to an adverse FPP determination
New Zealand Law Society v Mitchell [2011] NZAR 81
• Lawyer struck off for failing to disclose 39 convictions
• Court of Appeal noted he may have met the FPP
standard if the convictions had been disclosed
www.amclegal.co.nz
Flight Training Division. AIA 2011 Conference
Aviation experience
• Experience in aviation industry will be increasingly
relevant and carry more weight over time
• Compliance with s12 CA Act relevant to FPP status–
•
Obligation on participants to comply with the Act, Rules
and conditions on aviation documents (s12(2)); and
•
To exercise the privileges of aviation documents safely and
in accordance with prescribed safety standards (s12(3))
Re Taylor and Department of Transport (1978) 1 ALD 312
Administrative Appeals Tribunal of Australia posed the test in relation to assessing
whether a commercial pilot remains fit and proper as follows:
“it is not simply a question of competence to fly an aircraft… [it requires] a
consideration of the [participant’s] conduct measured against the
responsibilities, functions and duties of the holder of a commercial pilot
licence as they emerge from the provisions of the Air Navigation Regulations … it is
clear that [those duties] include observing the interests of the safety of air navigation
– not only in the interests of pilots, passengers and the owners of aircraft, but also the
interests of the public at large”
www.amclegal.co.nz
Flight Training Division. AIA 2011 Conference
Questions?
Other sources of information:
• www.amclegal.co.nz – articles on FPP issues
as published in NZ Aviation News
• www.caa.govt.nz – search under “F” for fit
and proper persons
• CAA Personnel Licensing Unit
www.amclegal.co.nz