Courier Mail Report
 By aviation editor NEALE MAYNARD
 20 Oct.'99

 Pilots' licences shot down

 PILOTS' licences issued by the Royal Queensland Aero Club's chief instructor over
 almost a year were invalid because his instructor's rating had lapsed, the Federal
 Court was told yesterday.

 It is understood the validity of up to 90 licences is at issue in the case, which
 involves the club and air safety watchdog, the Civil Aviation Safety Authority.

 The court was told the club's chief instructor, veteran pilot Garth Harris, was an
 approved delegate of CASA and as such was permitted to issue licences on CASA's behalf.

 But Walter Sofronoff, QC, for CASA, told Justice Doug Drummond that the authority
 believed Harris had been technically unable to issue licences because his flying
 instructor's rating had lapsed on April 30 last year. It was not renewed until
 April 7 this year.

 Mr Sofronoff said CASA re-tested flying instructors from time to time, when necessary. 
 "It's not a fait accompli a person with over 30 years' experience will pass," he said. 
 "Teaching flying is a distinct skill from flying."

 Barrister John Logan, for the aero club, said that while Harris's instructor rating
 had lapsed on April 30 last year, CASA had renewed his delegation to issue licences
 for the 1998-99 financial year.

 Mr Logan said that on April 1 this year, Harris had discovered that his instructor's
 rating had lapsed. He was re-tested on April 7 and regained his rating.
 
 Then on September 9, CASA wrote to the club raising concerns about the validity of
 licences issued by Harris in the period when his instructor's rating had lapsed. 
 "Since then they've been to-ing and fro-ing," Mr Logan said.

 Justice Drummond said no serious issue of air safety had been raised in the case. 
 "I'm not persuaded this is a safety issue in view of CASA's six months of inaction,"
 he said. 

 The issue was about letting people know there was a question mark about the validity
 of their licences "so they can act as they see fit", Justice Drummond said. 
 He said there was no evidence that anyone who had received licences issued by Harris
 had since encountered problems.

 Justice Drummond said that even if the court retrospectively declared the licences
 valid - as the aero club had requested - that would not necessarily be binding on
 third parties such as insurers.

 Justice Drummond declined to issue an injunction sought by the club to prevent CASA
 from contacting pilots whose licences were issued by Harris.

 CASA, however, gave the court an undertaking that any such correspondence would explain
 that while the authority's view was that any official act performed by Harris between
 April 30 last year and April 6 this year was invalid, the matter would go to trial on
 October 28.

 The authority also would advise pilots that it had been aware of the issue for some
 months.