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Mr Proach
18th Sep 2011, 10:09
I am intrigued at the lack of specific licensing laws to cover persons engaged in aviation "operations departments". Personnel in this division of an aviation organisation have the potential to adversely influence operational standards, the culture of an organisation and ultimately compromise safety and yet the "weight of the aviation regulations" falls on those who are licenced and qualified, which predominately is pilots and engineers.
I find it quite remarkable that in this day and age of compliance governance, QMS's and SMS's OH&S etc, that there is no legislation requiring an individual person to hold a relevant licence'd qualification to work in the operations department of an aviation company.
For example, I expect pilots who have been in the industry for some time, have on occasions, been placed in a vulnerable position (not of your own doing) with regard to the regulations and your subsequent enquiries have revealed that the "operations" person responsible had little or no understanding of the rules for aviation and their knowledge base was limited to no more than how to achieve the commercial objective. There is also the subject of operations personnel who do understand the regulations but for the sake of commercial priorities will knowingly place pilots/engineers in situations that compromise safety regulations.

In my view, the current regulations make the pilot in command bear ultimate legal responsibility for almost every aspect of an aircraft operation, but do not prevent unlicensed and unqualified persons from legitimately exercising a significant level of influence over that same operation.There is the aspect of individual "accountability" as scripted in companies' operations manual but the general advice is, under current aviation legislation these so called accountability clauses have minor ramification under aviation law.

I believe operations personnel should be required to hold a licence that is conditional on periodic testing conducted by the regulatory authority. Introducing legislation to appropriately licence individuals involved with this section of the industry should provide for a more equitable circumstance with regard to legal liability and hopefully act as a strong deterrent for companies that might otherwise engage in non-compliant practices.

If you concur with what is stated above, please indicate with a response of "I Agree"
All comments invited

Fondair
18th Sep 2011, 11:45
I agree Sir.

1746
18th Sep 2011, 11:50
I too, agree!

Turbine Overheat
18th Sep 2011, 11:58
definitely agree

Unhinged
18th Sep 2011, 14:05
Yeah, there aren't enough useless rules and regulations in Australian aviation. Let's have more, lots more !!

eocvictim
18th Sep 2011, 15:49
I agree there should be training for these personnel (mainly because they're otherwise useless hacks and it would only help efficiency) but as for accountability? Outside of civil litigation you can hold them accountable when at the end of day it's a the pilots decision. If you're referring to blatant illegal practice (ie loading of dgs inappropriately without crew knowledge etc) this can still be enforced by casa or other appropriate authorities. I think you'll find in these cases it goes well beyond casa.

PercyWhino
18th Sep 2011, 23:56
Whilst I agree that Ops personnel are generally uninformed when it comes to legality issues and the responsibilities of the PIC and that there should be some kind of education for them. But as PIC you have the final authority to your operation. Hasn't anybody ever heard of the word "NO"

TBM-Legend
19th Sep 2011, 01:10
more cost in an already overegulated industry....

The company ops Manual should cover the duties/responsibilities etc under the control of the DFO/CP etc

Cirronimbus
19th Sep 2011, 01:41
Might also lead to better pay and conditions for Operations Officers? That could hurt some of the smaller GA operators who 'force' their staff to work long hours and unpaid overtime.

Operations Officers are licenced overseas, why not here?

Mr Proach
19th Sep 2011, 01:49
I don't debate there is some capture in the regulations but the onus ultimately falls on a "licenced" person (the chief pilot), if for example there was an occurrence that involved a violation of the rules which implicated a pilot and a operations person, putting AOC issues aside, the only individual of the two that could be charged under the regulations is the pilot. In reality there are many situations whereby operations staff who can make decisions that have significant implications for an aircraft operation and do so almost autonomously to the other hierarchy in the company. In my view, the legislation doesn't adequately address this area of aviation operations.

LeadSled
19th Sep 2011, 03:57
Folks,

For Gaaawwwd's sake, no more regulations and licenses, no more opportunities for CASA to micro-manage you business ---- it's hell on earth already.

Already, producing an Operations Manual is a nightmare.

With no two FOIs agreeing on what the law requires, it becomes their personal opinion ----- and then the AAT/ a court has to try and work out what the FOI's interpretation of the law, as expressed in the Ops. Manual --- actually means, compared to the black letter law --- ----- while you/the company pick up the legal bill.

All this because it has become a habit to repeat "the law" in alleged "plain language" in the Ops. Manual.

Aviation just does not have to be as complicated as we make it in Australia.

Australia's knee jerk reaction to almost any problem (including non-enforcement of existing regulations) is to propose more regulations: Discuss

Tootle pip!!

PS: the Carbon Tax regulations add 1100+ pages the the existing tax laws. All for a system whereby 60-80% of Australia's contribution to carbon dioxide reduction (depending on which model you use) will be "purchasing carbon credits on the international market", ie; JUST AN ACCOUNTING ENTRY ---- at huge $$$$ cost to the Australian economy and balance of payments.

ShiteRider
19th Sep 2011, 07:53
Well, I'd be up for it. I'd relish the opportunity to get a Dispatchers Licence, complete the training for it with Jeppesen etc; come back and because I'm more marketable with a licence to thrill in these things, a 20-30K per year wage rise would be nice too.

Can't see them going for it at all no matter how 'informed' they want the Operations staff to be, let alone establishing the necessary RTO structure for this type of training and licencing in Australia.

Put me down in the "I Agree" column though......:ok: