I was looking for words to say something similar - thanks Tim - The
sport rules should be about ensuring fair competition. They should not
duplicate or try to usurp the law - there is adequate policing of that
from elsewhere.
Tim's comment about draconian laws is also spot on. Under the previous
rules with zero points for any breach, 1 metre or 10km got the same
penalty, organisers were very keen to "ignore" small breaches. This
then became very subjective and produced some perverse results - Tim
knows what I am talking about - and I believe this was part of the
incentive to switch to the same rules as used in most of the rest of
the world - they would have produced a far more equitable solution
from a sporting perspective.
On 21/12/2007, at 9:42 PM, Tim Shirley wrote:
There has been a bit of chat in the last few days on the subject of
competition rules, some of it implying that the rules and by
extension competition organisers are less than conscientious about
enforcing penalties for airspace violations.
As someone who has more than a little involvement with competition
rules perhaps I could make a few clarifying comments:
Gliding competitions are run in public airspace, and competitors
have no exemption from the law of the land, or the air. The rules
make that quite clear up front:
"These Rules do not change the responsibility of pilots to operate
in accordance with the GFA Manual of Standard Procedures and all
applicable laws and regulations.
Pilots are required to conduct themselves in a manner that will not
bring disrepute on the organisers, the hosting club or the GFA."
This is in the Preamble to the rules, and so there is really no
excuse for not understanding the intent. Quite clearly, any breach
of the law by a pilot can be detected and penalised by competent (I
use that word in the sense of "duly authorised") authorities - CASA,
the police, and the Operations arm of GFA all have the authority and
responsibility to address any such breach. As Mark Newton correctly
pointed out, that is not a competition issue. Any flight, in any
aircraft, is subject to the same law and the same potential sanctions.
There is a second competition rule that is relevant, as well:
"20.6 Pilots will not incur penalties if they deviate from
operational rules and directions of the Organisers in order to
comply with their legal responsibilities as pilots, or to ensure the
safety of themselves or others."
Once again making it quite clear that the rules are there only to
regulate the game we play and can be overridden by operational
requirements.
Competition rules exist to provide a safe, fair, and enjoyable
competition among a group of pilots who are also operating within
the law. Where competition rules specify penalties, they do so in
the interests of a level playing field, not to enforce the law.
Where the two coincide (for example, weight penalties for exceeding
MTOW and airspace violations) there is absolutely no doubt that it
would be possible for penalties to be applied under competition
rules AND for the pilot to be dealt with as pilot in command under
the law or the GFA MOSP. One does not preclude the other.
Some writers in recent days have confused this issue. They seem to
have assumed that the competition rules are the only sanction
available, but of course they are not. The question of whether a
particular penalty is competitively appropriate is quite different
to a question of whether a breach of CASA regulations or the GFA
MOSP has occurred. Indeed, the standard of proof may be different
in each case. A data logger trace may or may not be admissible as
evidence in a court of law - I have no idea about that but I rather
doubt it - however it is quite sufficient for the enforcement of
competition rules. As a result it is quite possible that we are
penalising pilots for airspace violations that are sufficiently
small that CASA could not detect them, let alone prove them. Don't
imagine that the leniency is all one way.
A further observation is that draconian penalties simply don't work
- there is ample evidence from society in general that the best
punishment is the one that fits the crime. We stopped hanging
people for stealing handkerchiefs some time back because we noticed
that it wasn't fixing the problem, and sending someone home for
being a metre inside airspace is probably not going to work either.
The current competition rules specify airspace penalties which were
lifted word-for-word from the World Comps rules. Those who have
experience of flying in Europe will know that airspace issues are
vastly more complex than in much of Australia, that surveillance is
much more stringent and that the reputation of gliding with
regulatory authorities depends heavily on keeping noses clean. I
find it hard to imagine that we would benefit from being tougher -
then again, there is always the Pacific Solution:)
To all on the list, all the best for Christmas, and best wishes for
2008 in gliding and all your endeavours.
Tim
_______________________________________________
Aus-soaring mailing list
Aus-soaring@lists.internode.on.net
To check or change subscription details, visit:
http://lists.internode.on.net/mailman/listinfo/aus-soaring
_______________________________________________
Aus-soaring mailing list
Aus-soaring@lists.internode.on.net
To check or change subscription details, visit:
http://lists.internode.on.net/mailman/listinfo/aus-soaring
