CAT File No. W-0019-33
MoT File No. 5003-86W-290 SARB
CIVIL AVIATION TRIBUNAL
BETWEEN:
Minister of Transport, Applicant
- and -
David Owens Boyle, Respondent
LEGISLATION:
Air Regulations, C.R.C. 1978, c. 2, s. 506
IFR Flight, Failure to comply, Air traffic control clearance
Review Determination
Ed J. Jenson
Decision: March 20, 1987
Heard: Edmonton, Alberta, March 17, 1987
That David Owens Boyle contravened section 506(b) of the Air Regulations on or about the 13th day of November 1986. Payment of $100 is to be made payable to the Receiver General for Canada and mailed to the Civil Aviation Tribunal office to be received by April 15th, 1987.
Review Hearing on the above application was held on March 17, 1987, at 13:10 hours in the 3rd Floor Boardroom of the Public Works Canada Building at 9925-109th Street in the city of Edmonton, Alberta.
REASONS FOR DECISION
Evidence brought forth by the Minister's representative (T. E. Sylvester) indicated there was a contravention of section 506(b) of the Air Regulations and Aeronautics Act as shown in Exhibit No. 3, page 5. Time Air 369 reported out of 6,300 feet showing 8.5 DME while in fact they were to be 4,000 feet or below while within 15 DME of the VOR, according to their IFR clearance.
It was proven by Exhibit No. 5 (copy of Time Air 369 flight log) that the captain of Flight 369 was indeed David Owens Boyle.
There was a discrepancy of the clearance in Exhibit No. 3, page 3 where McMurray Tower cleared Time Air 369 "to cross one five DME at 4,000 or below and that's it". The read back by Time Air 369 said "to cross at 4,000". Mr. Boyle argued that since the words "or below and that's it" were not read back by Time Air 369 and since McMurray Tower did not request the exact wording read back, there was no fault of Time Air 369 of violating the clearance. Mr. Boyle stated, "safety was not compromised".
I do not agree with Mr. Boyle's statement that safety was not compromised. Although there was no report of an incident or near miss, as shown by Exhibit No. 3, there was air traffic in the area inbound to McMurray around that time frame.
It is clear in my mind that with or without the exact wording read back "or below and that's it", the clearance would not indicate any altitude above 4,000 feet.
For these reasons, my determination is to confirm the decision of the Minister of Transport that Mr. David Owens Boyle contravened section 506(b) of the Air Regulations.