Paragliding pilot caught offering illegal flight by agent posing as backpacker
A paragliding pilot who tried to sell an illegal flight to an undercover agent had no regard for other operators who were following the rules properly, a court has heard.
A woman working for the Civil Aviation Authority (CAA) had posed as a backpacker and sought a tandem paragliding flight in November, prosecutor Chris Mackin said.
She was “rapidly” put in touch with Wānaka man Jan Necas, 32, who offered to fly her for $100 plus $15 for travel costs.
Judge Michelle Duggan said Necas met with the woman two days later, on November 19, took her money and told her not to say anything about the financial transaction.
They went to a launch site in Queenstown, and he gave her a flight briefing before he was approached by two CAA investigators.
The subsequent investigation found the warrant of fitness had lapsed on Necas’ paraglider and a fault was found with the canopy.
Judge Duggan said CAA rules were based on the collective experience of the aviation industry and were there to mitigate risk and maintain standards. Safety was not determined by whether there was an accident or not, the judge said.
While it had been difficult for Necas to find work in the Covid-19 environment, that was true for all tourism operators in Queenstown, she said.
“In offering to fly someone for reward you were undercutting the other operators who were certified, who had met all the costs of becoming certified, and they also were struggling financially.”
The judge turned down an application by defence counsel Alice Milne for a discharge without conviction.
The judge fined him a total of $1500 on both charges, and convicted him for operating the paraglider for reward without having a current adventure aviation certificate.
He was not convicted on the charge of operating a paraglider without a current warrant of fitness as that offence was dealt with only by infringements.
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