Civil Aviation Authority of New Zealand
14 Nov 07
MEDIA RELEASE
For further information contact Manager Communications:
Bill Sommer
Tel: 0-4-560 9411 or 027-546 8216
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Director of Civil Aviation Satisfied with Sentence Imposed on Tauranga Pilot
The Director of Civil Aviation, Steve Douglas, is satisfied with the sentence imposed by the Tauranga District on 14 November on local pilot Paul Ensor.
“Mr Ensor carried fare-paying passengers on flights while he was fully aware that the aircraft he was operating had been declared not fit for flight by a qualified maintenance engineer,” said Mr Douglas. “In doing so he displayed a disregard for the safety of the passengers and members of the public who were in the vicinity of the aircraft’s operation.”
“By flying the aircraft with a damaged undercarriage component, there was a risk that the component could fail, allowing the nose landing gear to tear away from the aircraft in flight. This would have resulted in an uncontrolled landing, with the potential for the aircraft to roll over.
“These were serious charges which underline the importance of the safety requirements and need for compliance with them by aviation participants. The CAA expects participants to conduct their operations safely and in compliance with the Rules, and it will take action against those who disregard them.”
The Court sentenced Mr Ensor to a fine of $2,000 on each of the five charges of operating an aircraft in a manner that caused unnecessary danger to persons. He was also disqualified from holding a pilot licence for a period of six months.
Mr Ensor was convicted and discharged on the charges of performing maintenance on an aircraft without an appropriate document, and alteration of a document (an aircraft maintenance log) for fraudulent purposes.
Mr Ensor pleaded guilty to the seven charges in the District Court in Tauranga on 6 November 2007. Eight other charges were withdrawn.
In May 2007, the Director suspended Mr Ensor’s pilot licence for a period of two years and revoked the Air Operating Certificate of Island Air. This followed a CAA investigation into the 27 December 2006 forced landing of a Britten-Norman Islander aircraft, flown by Mr Ensor, in an estuary close to Tauranga airport. There were no passengers on the aircraft at the time of the accident.
Background
In July 2006, the engineer conducting maintenance on the Cessna 206 Sky Wagon aircraft operated by Island Air, the company owned and managed by Mr Ensor, observed a crack in a component of the nose landing gear. The engineer declared the aircraft not fit for release to service, and entered this in the aircraft maintenance logbook. The engineer made it clear to Mr Ensor that the aircraft could not be operated until the crack in the component had been repaired or the component replaced.
If the component was used there was a risk that it might fail and separate. This could allow the undercarriage nose leg to extend beyond its normal support travel, and cause the nose leg to tear out of the aircraft. The result would be an uncontrolled landing and severe damage to the engine, propeller and nose cowling, with the potential for the aircraft to roll over. This risk was one of the reasons why the aircraft was not released back into service.
The component was removed from the aircraft and sent to another repair facility. That company was unable to fix the crack and returned the component to the engineer, who subsequently returned it to Mr Ensor.
Shortly after the component was returned to Mr Ensor, he re-fitted it to the aircraft, even though he did not hold the necessary maintenance engineer licence to undertake this work. Mr Ensor then flew the aircraft while carrying passengers.
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