The Age Article "Jetstart Flies into storm over curfew"

[Adrian B]

Source The age

JETSTAR faces a fine of up to $550,000 after becoming the first Australian airline prosecuted for breaching the Sydney Airport curfew.

The Department of Infrastructure has accused the airline of taking off almost half an hour after the curfew, even though it had applied for dispensation and been refused, and despite two warnings from air traffic controllers that it was risking a fine if it went ahead with the flight.

The airline has pleaded guilty to knowingly allowing an Airbus A330-202 to take off during the curfew period without permission at 11.28pm on December 3, 2007.

The aircraft was heading to to Denpasar, Indonesia. It was warned at 11.08pm and again at 11.26pm that penalties would apply if the plane departed, according to the Crown submissions on sentence, which have been tendered to Downing Local Court.

"Notwithstanding that, the pilot twice instructed the controller at Sydney tower that it was the intention of the Jetstar flight to depart," the submissions say. "The Crown submits that the offender's conduct was the result of a deliberate choice for a corporate identity to engage in criminal conduct and flagrantly disobey the curfew period. The Crown submits this deliberate breach, on 'company instructions', elevates the objective seriousness of the offence."

It is the fourth time an airline has been prosecuted under the Sydney Airport Airport Act and the third since stricter penalties were introduced in 2000, increasing the fine from $110,000 to $550,000.

Thai Airlines was fined $10,000 in 1999 and Lauda Air fined the same amount in 2000. Gulf Air was fined $7500 and $160,000 for two offences in 2005.

Jetstar has not yet tendered its submissions on sentence, but it has argued in evidence that there was minimal if any noise as a result of the late take-off because it was a new aircraft and it departed over water, and there were no complaints from residents.

The president of the air traffic controllers union, Robert Mason, said yesterday the controller involved would have had no choice but to give the pilot clearance.

"Controllers used to be the ultimate arbiters for when a plane could take off, but they changed the law more than 15 years ago and now it is down to the airline," he said.

"The controller can refuse clearance for safety reasons. But in this case, if they decide to go, then there's nothing you can do."

[NickN]

I have always supported the view that if the departure is off 16R over the water then after-curfew departures/arrivals should be allowed.

[Owen H]

The point, however, is that they are not, and all airlines know it.

[Nigel C]

I'm not arguing for or against the curfew, however a 16R departure over water would require a left turn of about 125, which would then impact on the people of Kurnell and La Perouse.

[Andrew McLaughlin]

"Far Kurnell!" a resident living on the southern shores of Botany Bay was heard to say as he lifted the handset to call the noise complaints hotline...

[Mike S]

Heaven forbid people that live near the Airport actually get Aircraft noise!!

Bit like living next door to an EXISTING rubbish tip and trying to get it shutdown for the stink that eminates from it at night.

Has anyone bothered to meter these "new" aircraft, and put forward a new case for certain Aircraft to be exempt from the curfew?

[NickN]

The A330 still is a noisy aircraft in comparison to the A380. The Emirates A380 took off right in front of me on 16R while I was at the mound the other day and I didn't even realize it had left it was so quiet! I had my head buried in the paper but a roaring jet is hard to miss most times.

[James K]

Not to worry. They'll just send the bill to big brother like usual.

[Bill S]

Originally Posted by Nigel C

I'm not arguing for or against the curfew, however a 16R departure over water would require a left turn of about 125, which would then impact on the people of Kurnell and La Perouse.

Just do what they used to do a few years ago, have the planes go out through the heads over water all the way. Pretty much zero noise complaints that way.

But, as I always say, buy a house near the airport and I have ZERO sympathy. In any case Sydney Airport was there long before anyone that lives near it now, so tough ****ies.

[Mike W]

Originally Posted by Andrew McLaughlin

"Far Kurnell!" a resident living on the southern shores of Botany Bay was heard to say as he lifted the handset to call the noise complaints hotline...