The FPP Test What you (or your students) need to know

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The FPP Test What you (or your students) need to know. Flight Training Division Presentation AIA Aviation Week Conference July 2011. Overview. The FPP test in the civil aviation context Civil Aviation Act provisions How it applies to pilots as new entrants - PowerPoint PPT Presentation

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The FPP TestWhat you (or your students) need to knowFlight Training Division PresentationAIA Aviation Week Conference July 2011Flight Training Division. AIA 2011 ConferenceOverviewwww.amclegal.co.nzThe FPP test in the civil aviation contextCivil Aviation Act provisionsHow it applies to pilots as new entrantsContinuing FPP obligations of licensed pilotsFlight Training Division. AIA 2011 ConferenceFPP in the aviation contextwww.amclegal.co.nzWhy does it apply to aviation participants?To protect and promote the public interest in aviation safetythe 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 CourtsFlight Training Division. AIA 2011 ConferenceCivil Aviation Actwww.amclegal.co.nzSection 10: The Mandatory FPP criteria The Director must: Have regard to the degree and nature of a persons proposed involvement in the civil aviation system; andConsider the persons:Compliance history with transport safety regulationsRelated experience within transport industry Knowledge of civil aviation regulatory requirementsPhysical, mental health or serious behavioural issuesConvictions for transport safety offences; andAny evidence that a transport safety offence or breach of the Civil Aviation Rules has been committedFlight Training Division. AIA 2011 Conferencewww.amclegal.co.nzs10 - Other relevant matters The Director may:Take into account any other matter or evidence considered relevantSeek and receive, and consider, any information obtained from any sourceOther relevant information may include:Other criminal convictions Testimonials, references from industryAdverse information from industry The weight to be given to any relevant matter, and the final FPP decision, are at the discretion of the DirectorFlight Training Division. AIA 2011 Conferencewww.amclegal.co.nzSection 11: Proposed adverse decisionsThe Director must:disclose any adverse information taken into account, or notify any proposed adverse FPP decision; andAllow the person a reasonable opportunity to refute or comment on it; andAfter considering any response, notify the final decision and, if it is adverse, explain the consequences Section 66: Appeal to the CourtsAdverse FPP decisions and decisions affecting the validity or exercise of the privileges of an aviation document may be appealed to the District CourtFlight Training Division. AIA 2011 ConferenceFPP test applied to new pilotswww.amclegal.co.nzA 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 licenceCivil aviation flying experience at or slightly above minimum required hoursHas drivers licenceLittle or no other transport sector (commercial) experienceNo serious physical, mental health or behavioural concerns In such cases the Director will focus on:Any history of land transport infringement offences or convictionsAny other convictions that may be of relevanceFlight Training Division. AIA 2011 Conferencewww.amclegal.co.nzLand transport infringement offencesOne or two - unlikely to be significant concernOn-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 convictionsMust be relevant to the licence being sought- eg drugsCombination with any transport safety offences will increase seriousness and scrutinyFlight Training Division. AIA 2011 Conferencewww.amclegal.co.nz Other factors that may be relevant to adverse offences historyLength of time since or between offence(s) Particular circumstances/seriousness of offence(s)Character references and testimonials flight instructorsWhether restrictions or conditions could address any safety concerns Points to Note No statutory presumption that a conviction = not fit and properNo minimum conviction free period appliesMust be assessed on a case by case basis and with regard to intended role in the system Flight Training Division. AIA 2011 ConferenceOngoing FPP obligationswww.amclegal.co.nzParticipants must remain fit and proper to exercise the privileges of any aviation document held (s9(3) CA Act) Criteria in s10 continue to applyFailure 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 81Lawyer struck off for failing to disclose 39 convictionsCourt of Appeal noted he may have met the FPP standard if the convictions had been disclosedFlight Training Division. AIA 2011 ConferenceAviation experiencewww.amclegal.co.nzExperience in aviation industry will be increasingly relevant and carry more weight over timeCompliance 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 [participants] 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 largeFlight Training Division. AIA 2011 ConferenceQuestions?www.amclegal.co.nzOther sources of information:www.amclegal.co.nz articles on FPP issues as published in NZ Aviation Newswww.caa.govt.nz search under F for fit and proper personsCAA Personnel Licensing Unit****

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