A Blackheath resident has been fined $9,600 for operating a paraglider without authorisation, concluding a case which explored whether a paraglider is an aircraft.
The defendant, Kurt Pudniks, was charged with 16 counts of performing a duty essential to the operation of an Australian aircraft during flight time, without the required authorisation.
Testimony and evidence focused on whether a paraglider constitutes an aircraft.
Pudniks was found guilty of all charges in Katoomba Local Court on December 15 and was fined without receiving a conviction.
Presiding Magistrate Clare Farnan said she was "satisfied that a paraglider is an aircraft" for the purposes of the Civil Aviation Act. Her finding will likely set precedent for similar future cases in Australia.
She hoped the massive stacks of documentation provided for the trial could to go to good use, perhaps in another aviation-related trial, for the sake of the environment.
"I've never seen so much legislation," she said.
The maximum penalty for each offence is two years in prison. The prosecution accepted a fine would be appropriate instead, with a maximum penalty ranging from $11,100 to $26,640 per offence.
Magistrate Farnan considered mitigating factors including Mr Pudniks' age (40), that he was previously trained and certified, and that nobody was injured or suffered loss from damages.
Her final decision was $600 per offence, with 16 offences leading to a total of $9,600.
Mr Pudniks left the court with mixed feelings.
"I'm fairly surprised by the finding today. Although I acknowledge there was some leniency shown in general," he told the Gazette.
The charges related to breaches of the Civil Aviation Act 1988. The Gazette reached out to CASA (Civil Aviation Safety Authority) for comment.
"This decision is a victory for common sense and shows there can be legal consequences if people go paragliding without holding the appropriate authorisation," said a CASA spokesperson.
Mr Pudniks is still considering if he will appeal the decision.
"Even though I disagree with the logic right now, that'll just be something I'll have to weigh up in the weeks ahead," he said.
