JST 959, and last nights curfew, ATC told to go around...

[Carl Hoft]

Hey guys, I'm a newbie here, but a bit of a radar spotter.

Anyway, last night I was watching JST 959 from BNE race into the YSSY. I noticed at 10.45pm when he was just outside Newcastle that he might not make curfew. I was also monitoring YSSY ATC who advised him he was probably going to miss curfew and to 'make a standard go around procedure' and wished him good luck. I have never seen this before.

JST 959 proceeded to hammer it into YSSY at about 480kmph and managed to arrive at YSSY bang on 11pm, to the minute. He was at about 2000 ft AGL when he arrived and proceeded to track along 16L before heading out to sea (at AGL 2000ft)

Is this the standard procedure? Haul *** to YSSY and and do a go around so as to get another go at a proper approach?

Interesting!

[Carl Hoft]

So I guess he did make curfew technically by sacrificing a normal approach.

[Max C]

http://flightaware.com/live/flight/J...910Z/YBCS/YSSY

The flight in question. It looks like they made pretty good time when you compare it to the previous few nights!

[Steve Crook]

I heard that plane fly past our house on late short finals to 16R when they initiated the go around (such a great sound). I looked at my watch and saw it was bang on 11pm and thought that the poor buggers on board were going to have an overnight diversion to somewhere. I have seen this happen before with flights sent down to Melbourne. I followed on Flightradar24 and saw that, luckily, it just looped around for a 34L arrival.

[Radi K]

Did they land after 11pm? Go-around or no go-around, without a dispensation you can't land after 11. So they must have got it? Maybe the downwind was excessive on 16s?

[Thomas Collins]

Either 2259, or dispensation was achieved.

[JamesL]

9 Missed approaches during curfew periods

(1) If an aircraft attempts to land at Sydney Airport during a curfew
period but misses the approach, the operator of the aircraft must
lodge a return in accordance with subsection (3) within 7 days after
the attempted landing.

(2) The operator of an aircraft commits an offence if:
(a) the operator engages in conduct; and
(b) the operator’s conduct results in a contravention of
subsection (1).
Penalty: 50 penalty units.

(2A) Strict liability applies to paragraph (2)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.

(3) The return must:
(a) state the date and time of the attempted landing; and
(b) state the aircraft’s registration mark, its operator, and its type;
and
(c) state the reasons for missing the approach, including the wind
conditions prevailing at the time; and
(d) state the down wind limits for landing specified in the
aircraft’s flight manual; and
(e) be lodged by giving the return to an authorised person at a
prescribed address.

From the Curfew legislation

[Mark Grima]

So according to that subsection of the Sydney Airport Curfew Act 1995, all the aircraft operator needs to do is provide paperwork identifying the aircraft and explaining why the missed approach occurred with in seven days.

The offence spoken about in 9(2)(a) really applies to not providing the appropriate paperwork.

Presuming the paperwork is supplied, I then guess it is accessed against this

7 Prohibition on taking off or landing during curfew periods

(1) An aircraft must not take off from, or land at, Sydney Airport during a curfew period, unless the take off or landing is permitted under Part 3.

(2) The operator of an aircraft commits an offence if:

(a) the operator engages in conduct; and

(b) the operator’s conduct results in a contravention of subsection (1).

Penalty: 1,000 penalty units.

(3) Strict liability applies to paragraph (2)(b).

Note: For strict liability, see section 6.1 of the Criminal Code.

which is the actual offence for taking off or landing against the curfew.

Oh and if your interested, strict liability means that the legal defence of 'mistake of fact' is available. I'm trying to think of an example in this instance...but I can't...maybe if the operator thought (it was told) it was not 2300 but it actually was.

However, subsection 9 quoted above, applies to any missed approach during the curfew IE 2300 hrs or later. If the missed approach occurred at 2259:59 or earlier, which is how I understood this occurred, then this piece of the legislation wont apply.

And also according to the Commonwealth Crimes Act 1914, a penalty unit is currently $170.00. So the fine for not lodging the paperwork is $8,500.00.

Cheers

M

[Steve McGinley]

Just shows how ridiculous the whole thing is, just let the plane land.

[Mark Grima]

You're spot on Steve. Unfortunately there's little room for common sense in legislation, or at least in the application of it.

Cheers

M