What is the offence of Manipulating Flight Controls?
Our Aviation Lawyers have recently assisted a client charged with an offence under Civil Aviation Safety Regulation 91.155, which is essentially where:
During a flight of an aircraft, a person manipulates the flight controls of an aircraft, and is not an authorised pilot to do so.
A pilot also commits an offence if during the flight, the pilot in command of an aircraft for a flight, permits a person to manipulate the flight controls of an aircraft, and the person is not authorised to do so.
The maximum penalty is 50 penalty units.
An important question is what does ‘Manipulate’ mean? For example, is a passenger who momentarily touches the controls during a flight, ‘manipulating’ it?
Manipulate is not defined in the legislation in Australia but is found to ordinarily mean “to handle or control something in a skilful manner”: MSS Security Pty Ltd t/a MSS Security v United Workers' Union (108V) [2020] FWCFB 1652 at [24].
Interestingly, a similar offence in NZ is defined (Civil Aviation Act 1990 (NZ) and means, “to alter the heading, altitude, speed, or other flight parameter of an aircraft”.
Therefore, such cases will usually turn upon a factual argument and perhaps some expert evidence.
Such investigations into breaches of aviation regulations are usually initiated by the Civil Aviation Safety Authority (CASA). Clients may be invited to participate in an interview, but they have a right to decline. In suitable cases, we prepare written submissions to CASA explaining why prosecution is not warranted.
CASA has power to consider alternatives to prosecution. One outcome could be a counselling notice, which is designed to ensure the pilot has a better understanding of their responsibilities for compliance in the future.
Our criminal defence lawyers recommend such practical and diversionary outcomes where appropriate and available on the facts.
Speak To An Experienced Criminal Defence Lawyer
If you have been approached by police or asked to take part in an interview, contact our Qld criminal lawyers before answering any questions. The early steps can affect the outcome.
© 2025 This article is for general information only and is not legal advice. If you are facing charges or need advice about your specific situation, our criminal defence lawyers are available now.