The ASRA By Laws

[MadMuz]

I have just been reading up on the bylaws again and have a couple of questions. Most places I have flown in the past (other than at airfields like Temora or Moruya), for example Lake George near Canberra, usually a few spectators has arrived. For starting the machine, it was moved a suitable distance from any onlookers, engine started after calling clear prop and rotors started (by hand) after calling clear rotors.... however, often as the rotors are cranking as hard as one can get them by hand and you are ready to jump in the seat and strap in, some spectators had moved closer, probably closer to the machine than 10m. What is the pilot legally obliged to do in this say and age? Should he immediately stop the rotors, shut down the engine, tell the people they have to stand back more than 10m then restart the procedure? What if he does the procedure again and the same thing happens.... does the pilot have any authority to get people (who he has no control over) to remain a distance from the machine?As I see it, if the pilot starts up at 10m + from spectators, and straps in and taxi off, not knowing that out of his/her view, someone has come within 10m..... he could be seen as doing the wrong thing by not keeping an adequate look out. If he/she stops the procedure to shoo off spectators who insist the view is better at 6m than 10m+ then the pilot may as well pack up and go home?Also, what about spectators unrestrained dogs? Before I was even into gyros in about 1987, when I used to watch from the road, not knowing anyone or anything about them, I saw a small dog like a Jack Russel or something about that size chase a gyro that had just landed and was taxiing... the dog ran behind the machine and got launched by the rotors quite a few metres.....

[gyroo]

Hi Mad Muz,The rotor and propeller clearance distance from non-involved persons was developed at CASA insistence 2 1/2 years ago after careful consideration of the contemporary case law relating to "dangerous articles" at common law. There is absolutely no doubt that a gyroplane will be regarded in law as a dangerous article, given the spinning rotor and the spinning propeller. Prior to the By-Law, ASRA had no minimum safety distances in relation to spinning rotors and propellers. By being legally classified as a "dangerous article", the law bestows special duties and responsibilities on people operating them. The principle of "dangerous article" carries over into other areas of human activity such as explosives, certain incendiary products, certain chemicals, firearms, large mechanical fairground rides, certain types of agricultural machinery, certain types of industrial machinery, and even such mundane items such as chain saws if being used in an entertainment (juggling) context!For better or for worse, we live in an increasingly litigious world where everyone is accountable for their actions. The operator of a gyroplane assumes a higher level of legal accountability as soon as the rotor and/or propeller start turning.The 10m radius for "non-involved persons" (ie, bystanders) from rotor tip path plane was set as an easily remembered limit, which all members should always keep in mind. Because gyros always tend to attract attention, and some people have tendency to stray too close, as an experiment I bought some small 500mm flouro orange rubber "witches hats" from a safety shop (cheap - $12 each), and intend to have them available to use at events where people seem to be straying too close. The idea is that, if necessary, 6 to 8 of those can be arranged into an arc at least 10m away from the designated "gyro starting area", and based on previous experience at other non-gyro events, I am amazed at how effective a psychological "barrier" an identifiable line or arc of witches hats can be at dissuading people from entering the "zoned off" area. Of course, it"s purely psychological conditioning that keeps people out - there"s actually no physical barrier. Of course, the cones would be absolutely unnecessary at a site where there weren"t many "rubberneckers." I hope you get the idea.I have been meaning to write an article based on the English manslaughter trial where a pro-foxhunt activist attempted to stop an MT-03 from starting a takeoff run in circumstances where the gyro was being used to disrupt a fox hunting event. The activist attempted to stop the gyro beginning its takeoff by standing close into the machine. As the machine passed the crouching activist, the propeller struck his head, essentially "cleaving it in half", killing the activist instantly. At trial, the pilot was acquitted of Manslaughter, but the UK aviation authorities after the criminal trial "took him to the cleaners" on reckless conduct and made his life extremely unpleasant (although he didn"t go to jail). He is now a broken man, apparently.Significantly, had the same set of circumstances occurred in Australia, the gyro pilot would be liable to be put on trial for Reckless Murder, a doctrine developed by the High Court following "Crabbe"s Case", who was the truck driver who deliberately drove his prime mover into the wall of an Alice Springs Hotel, killing people on the other side of the wall. Crabbe was convicted of murder, and the conviction was upheld by the High Court. So, in Australia, our laws relating to homicide are stricter than in England.I mention all this because you seem to be postulating that the 10m radius is yet another unnecessary imposition on oppressed gyro drivers?My perspective is different - for better or for worse, the modern world is placing and demanding higher levels or responsibility and accountability on individuals in all walks of life. We now mostly all wear seat belts, and mostly don"t drink drive, and motor vehicle fatal accident rates are about 25% of what they were (per capita) a generation ago.CASA insisted that we develop safety distances. After extremely careful consideration of all the relevant legal considerations, I recommended to the Board that the 10m and 5m safety distances be implemented. They agreed.That is how it all came about.Mark ReganTech Manager (and a bloody barrister)

[MadMuz]

Hi Mad Muz,I mention all this because you seem to be postulating that the 10m radius is yet another unnecessary imposition on oppressed gyro drivers?Mark ReganTech Manager (and a bloody barrister) Hi Mark, I am sorry that you took that understanding from what I have written. Definitely not my intention at all. In NO way what-so-ever do I knock ASRA for making a 10m exclusion zone, I fully support that. What my question is about, is if interested spectators did happen to encroach on the 10m exclusion zone after the pilot has moved the machine to an appropriate distance, is he/she unwittingly now committing an offence? Same as if taxiing back from a flight (again, at a non airfield/private land where there is no dividing fence between flight line and spectator area) or in fact is the spectator committing an offence?

[gyroo]

OK Muz - I see where you"re coming from.The short answer is that although the By-Law operates on a strict liability basis (the same as motor traffic law - if you speed, or your car is unregistered, even if you haven"t intended to speed or drive unregistered, you still get "done"), the initiation of a Breach will always involve a good healthy dose of common sense. The examples you postulate about are appropriate - if a gyro driver taxied right up to a group of bystanders (people not involved in the operation of the gyro), then it"s likely that this act would be regarded as Breachable conduct.On the other hand, if a gyro driver was sitting on his machine concentrating on engine runs and testing a new pre-rotator, so that his attention was necessarily focussed on the machine, and a rubbernecker unwisely approached from the rear quarter and suddenly appeared alongside the machine, then it is highly unlikely that a Breach would be initiated because of the circumstances.So, even though the scheme is "strict liability", there"s a healthy dose of "common sense" involved as well when determining whether a Breach ought be initiated.There are a couple of supplemental refinements to safety distances that I would like to incorporate into a By-Law revision, such as a requirement that "a person involved in the operation of the gyro" (in other words, an authorized and delegated assistant) be required to only attempt to approach a gyro with rotor turning from the front quarter, and only then in circumstances where the pilot in command is aware of the helper"s presence, is positively holding the stick, and indicates that the helper can approach by gesturing a "thumbs up" (meaning "I"ve seen you") followed by a come here gesture. And, that an "involved person" only move away from a gyro with rotor turning by following a similar routine in reverse. These procedures come from the military helicopter world, but I"ll be the first to admit that they are advisory only because operational considerations often preclude an orderly approach from the front.Have fun.Mark Regan,Melbourne

[chook]

Murray & Mark we are all inflicted with the legal responsibilities of protecting d1ckheads.I am a licensed pyrotechnician (amongst many things) and we have to place physical barriers up around our displays. The barrier distances depend on the type of explosives that we are using and surprisingly

[birdy]

Shoot the dog n chase the moron with the gyro, rotors spin,n.

[MadMuz]

Thanks guys..... I am guessing that the laws are like many these days, written and promoted as "iron clad" however as long as people are using common sense and being seen to act responsibly, all will be well and the laws will not necessarily have to be enforced over tiny indiscretions.... however if some one has a full on "stupid attack" and does something ridiculously dangerous or actually causes some grief, then there is a whole array of breaches "ie: the book" to throw at him/her.

[MadMuz]

Shoot the dog n chase the moron with the gyro, rotors spin,n.Perfect idea Birdy, that way you can save time and lose your gyro cert and your firearms licence at the same time.... can probably get it all done in one court case

[birdy]

We Hada dog ere that used to **** me off whenever I was in the gyro.Taken off it"d try to stay just in frunt, Landn it used to sit rite where in was aimn to land, and if I was yardn

[birdy]

(rotors turning and you cant man the stick whilst fighting off the dog).Anatha reason why every gyro should be fitted with a stick lock.Whenever I landed sum where I knew Hada cheeky dog, or wasn"t sure, I"d step out after lockn the stick, and first thing I"d do is grab me pliers till sumone turned up.There"s a few dogs round ere very lucky to still have teeth.

[MadMuz]

That"s true Birdy, a stick lock can be a good thing, but it depends what speed the rotors are turning at and the wind at the time, as to whether it is safe to get out of the chair......I like the pliers idea tho.... I can just see you getting attacked by a wayward mutt.... and you just casually start pulling out its teeth

[birdy]

There"s dogs eat battery sticks. But it gets their attention wen they go for a chew on your arm and they get a mouth full of pliers.A stick lock setup proper means you can lock the stick soons you push forward from the flare, no matter the rrpm or wind strength.Many times I"v locked the stick, jumped outa the ferel, streight into the bullbuggy and never got back to it after an hour or so. Never an issue.No rotor break or teeter stoppers, just the lock.

[mad max]

Stay in the desert Birdy, you"re king out there. Never move east. Too many rules. Just been there.

[Adrian S]

Guys,Interesting discussion, In the bush "Harry" is the solution to problem animals around my flying machine but at home its clear to me that the Mrs is in charge regardless of what her animals are upto . Same for a lot of us I expect.

[MadMuz]

Is that good old Harry Winchester?