Emirates charged with breaching overnight curfew

[Alex T]

From: http://www.smh.com.au/travel/travel-...105-2wyqj.html

Emirates charged with breaching overnight curfew at Sydney Airport

Emirates has become the first airline to be charged with breaching the overnight curfew on flights at Sydney Airport since Jetstar was prosecuted six years ago. After an investigation, the Department of Infrastructure and Transport has decided to push for charges to be laid against the Dubai-based airline for three alleged breaches of the curfew between late 2011 and January this year. The airline faces a maximum fine of $550,000 for each breach of the curfew, which is designed to prevent commercial airlines from flying between 11pm and 6am at Kingsford Smith. The department alleges that the most recent breach occurred on January 8 when Emirates flight EK413 took off from the airport bound for Dubai about 11.40pm – 40 minutes after the curfew takes effect.

The latest an Emirates flight – EK413 – is alleged to have taken off is about 11.46pm on December 16, 2011. The other charge relates to an alleged breach by flight EK419 about 11.14pm on November 8, 2011.

Emirates is yet to enter a plea in the case, which is before the Downing Centre Local Court in Sydney.

[Philip Argy]

The Local Court can't impose a fine of that magnitude - if it's in that court it's just being prosecuted as a summary offence, with a maximum penalty of $6,600.

[Greg W.]

Originally Posted by Philip Argy

The Local Court can't impose a fine of that magnitude - if it's in that court it's just being prosecuted as a summary offence, with a maximum penalty of $6,600.

Assuming that the offence provision being prosecuted is s.7 of the Sydney Airport Curfew Act 1995, the maximum penalty is a fine of 1000 units. It is multiplied x5 for a corporation. A penalty until prior to the end of Dec 2012 was $110, when it changed to $170. Being an offence punishable by fine only, it is a summary offence and therefore must be heard by the Local Court. There is no monetary jurisdictional limit for the Local Court exercising federal jurisdiction. By my logic, the max penalty for the 2 earlier offences will be $550,000 and $850,000 for the January 2013.

[Philip Argy]

In my opinion the Local Court cannot impose a fine of more than 300 penalty units [$51,000] on a corporation or 60 [$10,200] on an individual when exercising Federal jurisdiction. If the prosecution wants a higher penalty, it needs to prosecute the offence in a higher court.

[NathanJ]

I'm sure they can afford it haha.

[Stephen Brown]

Watching the Dubai Airport show on Foxtel last night and seeing them invest $3 billion in a new terminal and getting an impression on how they run things, it will be pocket change to EK.

It was embarrassing to watch them struggling to get EK414 away on time last night because they were trying to beat the curfew in Sydney.

[Kent Broadhead]

Originally Posted by Stephen Brown

It was embarrassing to watch them struggling to get EK414 away on time last night because they were trying to beat the curfew in Sydney.

Embarrassing because they hadn't been able to plan better to meet the rules of the airport?

[Greg McDonald]

Originally Posted by Stephen Brown

It was embarrassing to watch them struggling to get EK414 away on time last night because they were trying to beat the curfew in Sydney.

Or embarrassing that the airport has stupidly antiquated rules and gutless politicians who won't change them?

[Montague S]

Originally Posted by Stephen Brown

Watching the Dubai Airport show on Foxtel last night and seeing them invest $3 billion in a new terminal and getting an impression on how they run things, it will be pocket change to EK.

It was embarrassing to watch them struggling to get EK414 away on time last night because they were trying to beat the curfew in Sydney.

it's embarrassing to know they spent that much money on the new terminal at DXB and it's still a mess! not to mention a human zoo.

[Kent Broadhead]

Surely Sydney is the only significant airport with a curfew?

Oh, sorry, no it isn't. How does Heathrow manage its curfew?

Look, I can see a place for greater flexibility with the curfew around major service disruptions such as severe weather (and removing the 80ph cap), but SYD is not located for 24/7-365 service without a major impact on a big chunk of Sydney's population.