Adrian B
17th April 2009, 08:43 AM
Source The age (http://www.theage.com.au/travel/travel-news/jetstar-flies-into-storm-over-curfew-20090415-a7kf.html)
JETSTAR faces a fine of up to $550,000 after becoming the first Australian airline prosecuted for breaching the Sydney Airport curfew.
The Department of Infrastructure has accused the airline of taking off almost half an hour after the curfew, even though it had applied for dispensation and been refused, and despite two warnings from air traffic controllers that it was risking a fine if it went ahead with the flight.
The airline has pleaded guilty to knowingly allowing an Airbus A330-202 to take off during the curfew period without permission at 11.28pm on December 3, 2007.
The aircraft was heading to to Denpasar, Indonesia. It was warned at 11.08pm and again at 11.26pm that penalties would apply if the plane departed, according to the Crown submissions on sentence, which have been tendered to Downing Local Court.
"Notwithstanding that, the pilot twice instructed the controller at Sydney tower that it was the intention of the Jetstar flight to depart," the submissions say. "The Crown submits that the offender's conduct was the result of a deliberate choice for a corporate identity to engage in criminal conduct and flagrantly disobey the curfew period. The Crown submits this deliberate breach, on 'company instructions', elevates the objective seriousness of the offence."
It is the fourth time an airline has been prosecuted under the Sydney Airport Airport Act and the third since stricter penalties were introduced in 2000, increasing the fine from $110,000 to $550,000.
Thai Airlines was fined $10,000 in 1999 and Lauda Air fined the same amount in 2000. Gulf Air was fined $7500 and $160,000 for two offences in 2005.
Jetstar has not yet tendered its submissions on sentence, but it has argued in evidence that there was minimal if any noise as a result of the late take-off because it was a new aircraft and it departed over water, and there were no complaints from residents.
The president of the air traffic controllers union, Robert Mason, said yesterday the controller involved would have had no choice but to give the pilot clearance.
"Controllers used to be the ultimate arbiters for when a plane could take off, but they changed the law more than 15 years ago and now it is down to the airline," he said.
"The controller can refuse clearance for safety reasons. But in this case, if they decide to go, then there's nothing you can do."
JETSTAR faces a fine of up to $550,000 after becoming the first Australian airline prosecuted for breaching the Sydney Airport curfew.
The Department of Infrastructure has accused the airline of taking off almost half an hour after the curfew, even though it had applied for dispensation and been refused, and despite two warnings from air traffic controllers that it was risking a fine if it went ahead with the flight.
The airline has pleaded guilty to knowingly allowing an Airbus A330-202 to take off during the curfew period without permission at 11.28pm on December 3, 2007.
The aircraft was heading to to Denpasar, Indonesia. It was warned at 11.08pm and again at 11.26pm that penalties would apply if the plane departed, according to the Crown submissions on sentence, which have been tendered to Downing Local Court.
"Notwithstanding that, the pilot twice instructed the controller at Sydney tower that it was the intention of the Jetstar flight to depart," the submissions say. "The Crown submits that the offender's conduct was the result of a deliberate choice for a corporate identity to engage in criminal conduct and flagrantly disobey the curfew period. The Crown submits this deliberate breach, on 'company instructions', elevates the objective seriousness of the offence."
It is the fourth time an airline has been prosecuted under the Sydney Airport Airport Act and the third since stricter penalties were introduced in 2000, increasing the fine from $110,000 to $550,000.
Thai Airlines was fined $10,000 in 1999 and Lauda Air fined the same amount in 2000. Gulf Air was fined $7500 and $160,000 for two offences in 2005.
Jetstar has not yet tendered its submissions on sentence, but it has argued in evidence that there was minimal if any noise as a result of the late take-off because it was a new aircraft and it departed over water, and there were no complaints from residents.
The president of the air traffic controllers union, Robert Mason, said yesterday the controller involved would have had no choice but to give the pilot clearance.
"Controllers used to be the ultimate arbiters for when a plane could take off, but they changed the law more than 15 years ago and now it is down to the airline," he said.
"The controller can refuse clearance for safety reasons. But in this case, if they decide to go, then there's nothing you can do."