[Papilot]

Hi all

I am hoping i can get some advice / heads up etc on what to expect as i have recently been contacted by a CAA investigator for infringing on the low fly rule.

The date in question was indeed accurate as i was flying over the area on a sight seeing trip and i descended to an altitude close to the legal minima however according to my altimeter not below. The investigating officer has sent me a letter requesting that i produce my documents etc and i am awaiting an interview to give a statement. The caa letter has explained the 'Allegation of low flying ' at such a date and continues to make a point of the offence being a criminal matter and therefore reads me my basic rights.

I am pretty nervous about this as i'm sure you can all imagine, its the first incidence of anything that has ever come up in my years of flying and I have no idea as to whether if 'proven guilty' that i could loose my licence, get a fine, slap on the wrist or spent 6 months in jail!?! i have no idea.

Anyway , if anyone has any advice on what to do or expect next -or similar experiences regarding this matter then i would be much grateful for your input.

Many thanks

Papilot

[CloudHound]

Get legal advice asap. Do not speak to CAA Enforcement until you are properly advised.

[GrahamB]

Are you a member of AOPA?

If so, they will provide free legal advice and guidance.

[Flyboater]

This is frightening for a law abiding person. Are you a member of AOPA ? They will give extremely helpful advice and may even attend the interview with you. This service alone is worth the membership fee.

[flybymike]

I'm not a lawyer but I imagine that you will have to be assumed to be innocent unless you can be found guilty by proving you were in breach of the low flying regs.(Do you mean the 500 feet rule, or the built up area rule, or the glide clear rule?)

Judging height from the ground is notoriously difficult.

Will they be able to prove this?

As stated AOPA will assist if you are a member, but alas will not provide "retrospective insurance" if you are not.

[pullup]

Attend interview.
Show your documents.
After warning say No Comment.
Do not make a statement...

[2Donkeys]

As others have said, get legal representation - ideally from a firm familiar with aviation law. There are plenty of decent firms around.

If not an AOPA member, you may also find that your home insurance provides for legal advice too.

[neilmurg]

and save your Skydemon/Garmin Pilot track log

[Moggy875]

If you used Skydemon, check your track logs. The vertical profile should help you.

[Ian Melville]

That would depend on the reference used for altitude. Also not sure that it will stand up as evidence anyway, as the logs can be massaged very easily.

[Waveflyer]

Some good advice has been given but is it a bit of a coincidence that this thread by a first time poster follows so closely a lot of discussion on low flying?

[ThePipster]

Do CAA enforcement have the power of arrest? Just wondering what happens if someone decides not to cooperate with the investigation?

Pipster

[Sooty25]

I'd start now by reviewing and documenting your flight precisely. Times, route and altimeter setting.
Have you got a log of what you were on? QNH or QFE of your airfield?
Double check the ground elevation of the place you were reported using Ordinance survey map and then double check what your height AGL actually was.
I'd also review the flight path on Ordinance Survey and check what you over flew. The 500ft rule isn't AGL, its distance from people & assets etc, so you can fly below 500ft.

Once you've checked it, compile a simple, brief, unambiguous written statement of fact and stick to it.

If you can say "this is where I was, and this was my height AGL" and provide justification it will go much further than "well I'm sure the altimeter said 500!"

I'd also ask at your club if anyone else has had a complaint in the same area, it may be a serial complainant.

Next things to consider is transponder and local radar. Will either of those confirm or convict you?

Ask to see all evidence against you before the interview.

During the interview, stick to your statement of facts. If you feel it is going against you, Stop the interview pending getting legal representation.

Don't assume the investigator is intent on prosecuting you, but they do have to investigate. You are still innocent.

[Balliol]

Somebody told me last week that AOPA had this year stopped doing the free legal assistance / help at CAA interview - anyone know if that is true?

[PeteSpencer]

Somebody told me last week that AOPA had this year stopped doing the free legal assistance / help at CAA interview - anyone know if that is true?

My free legal advice from AOPA in 2006 was:

" Get a Solicitor"

Peter