Truss: Aviation Safety Regulation Review

[Kharon]

Value for money.

At very little expense, the WLR has been gifted, once again the benefit of hundreds of collective years current, valid operational and legal experience. The old Kenwood fridge, posing as a security system must be bursting at the seams if current estimates of between 150 and 200 submissions are to be believed. This is significant, not only in the amount of paper and words but in the value to gummermint.

For example, the Australian Lawyers submission runs to 30 pages of first class opinion, if the WLR had commissioned such a report, the invoice would be significant. Here is a yet another submission provided by professionally qualified, competent people prepared to support their arguments at very little cost to the public. I always feel the 'legal' eagles are a bit like the ambulance, fire and police crews attending a nasty prang on a highway; they get to see, on a regular basis the darker side of life, the bodies and the aftermath. These folk deal with reality everyday. The legal folk, whilst not attending the crash must deal with the fall out. Their concentrated knowledge is of value; most here may be involved once in a lifetime with a CASA aberration and occasionally, vicariously get some sense of the trauma someone like Quadrio or James are enduring. To aviation lawyers this is the stuff of life, they live and breathe this on a daily basis. Their opinions are valid, their time and effort is appreciated.

The same is true of the majority of 'organisational' submissions, the writers are immersed, professionally on a daily basis with 'their' speciality area and with the exception of a couple of no hopa groups can justly claim to represent their tribe. A small amount of self interest and own agenda is, on consideration, forgivable. Their expert opinion is of value and, once again, provided to the WLR – pro bono.

I just wonder, does the Vicar hosting this tea party fully understand that this is not the first time that candles have burned late into the night, lighting the desks of those who, after a long day sit down to voluntarily draft and edit a submission. Miniscule – the real expertise resides within the industry: you must thank your gods everyday that the continuing safety record of Australia rests with folks who bet their own time, money, talent and expertise to maintain that record; despite the lack of tangible safety advice from those paid handsomely to provide it or those paid equally as well to administer that advice.

Just for fun, compare the AAAA submission to the Chambers report. Carefully examine the pathway each of those documents have taken to end up on your desk and the motivation for them being there. One is a heartfelt, intelligent, comprehensive assessment, the other simply beggars belief.

Ask yourself miniscule, which is the one you paid for and which one was provided gratis?

Ask yourself miniscule, which is the one that rings true and which is a plagiarised, self serving, cynical hidden document.

Ask yourself, which is the better value to Australia, the industry, the people who work in aviation and those who depend on aviation for business or pleasure.

Then ask yourself, would I sleep better at night with the Ills of Society running the industry or the likes of the McComic/ Farq-u-hard-son team supported by those creatures named and shamed in the Senate committee response to Pel Air. Forgotten those names?, well we haven't. There are 150 + submissions which may provide the answer to that riddle; I'd suggest that there are just a little more honest folks providing answers than an alleged 'few' disgruntled, tendentious bloggers having a whinge. Do we have a problem here ? – Oh yes miniscule and you are parked right on top of it.

Selah.

Sponsored by the IOS benevolent fund for Safe Elephant and Pot plant Transport Inculcating Catastrophe. (SEPTIC).

[Up-into-the-air]

Effect of Regulator?? and the FF fumble

and the senior executives of the organisation must be qualified and experienced in managing regulatory organisations.

Pity creamie, but skull never had those requisite qualifications.

Then, with his disgraceful display at the AMROBA Archerfield meeting lost any respect that may have remained from industry.

That the gibson press release, full of spin, spin and more spin followed up by the Australian which took the gibson relealease to a new "high" is to be deplored.

The Board now has the final say in the "management" of casa.

The last para of the gibson release points to this situation developnig further:

The Board has regarded it as a privilege to serve with John McCormick in the interests of “Safe Skies for All” and wishes him all the very best in his future endeavours.

I believe those words take us to a "...resignation of the ceo..." and as a result, where does that leave the management of casa until the new ceo is found.

Does this mean that "management" falls to the Deputy DAS??

If that is the case, where too from here??

And just to remind us, here is a clip from the casa corporate plan, which is not downloadable:



which of course as we know, has not been met.

And the full page:

[Kharon]

Bored with the Board.

The current board is insignificant; equally damned if it do or if it don't do; being, to a lay point of view, either complicit or negligent. No doubt they are aware of this and have taken steps to limit the damage. They may well be legally capable of defending their individual positions and no doubt will; however in any national discussion on the well being of industry, they must, collectively hang their heads in shame. In any event, they become a spent force, distrusted and suspect.

The Minister has committed to enhancing the CASA Board with two additional board members, both with aviation experience. Although in theory this is a good start, the likelihood of redressing the present situation where CASA is perceived to be 'out of touch' with the Australian aviation community, is questionable.

The chronic, endemic problems are considered to be more fundamental, requiring much more than a simple restructure of a board which is obliged to; "ensure that CASA conducts its activities in compliance with government policies and its governing laws, the Civil Aviation Act and the Commonwealth Authorities and Corporations Act".

It is noteworthy that the Board has significant legal qualifications, this may be one desirable attribute. Regrettably, the net effect, visible throughout all levels of CASA, promotes a “legal bias” first approach, rather than a tight focus upon safety related outcomes. Hopefully, with Board who's skills are biased towards a higher level of technical competence the whole organisation would become more safety outcome focused, rather than being simplistically totally reliant on 'legal' (black letter) compliance.

The previous Board has been let down by poor quality legal and technical advice from the CASA executive. The current CASA senior management structure is ineffective, an unnecessary extravagance and clearly a hindrance to the efficient operation of the organisation. The Director of Aviation Safety (DAS), with the luxury of a board should be able to run CASA with, at most, a deputy responsible for the corporate aspects of managing CASA. The present structure, with a board, a director, a deputy director and an associate director is simply excessive, conveniently diluting both the responsibility and accountability of the director.

It is noteworthy that the predecessor to CASA (CAA) was efficiently and economically run by a general manager within the Civil Aviation Authority. The current arrangement is an onerous burden and unnecessary impost on industry.

The board represents but a small problem to industry compared to the problems which are left behind, the management level must be completely gutted and cauterised. Mark my words in some dark, damp corner the monsters are waiting for the storm to blow over. Changing a DAS is a band aid, little more than a cheap publicity stunt. If the government will not lay bare the dreadful truth, then it falls to the IOS to ensure that every single act of malice, every untruth told in court or the AAT is exposed and those who initiated or are associated with those acts are ruthlessly, vigorously and very publicly prosecuted. The board has a duty of care which honourable men would accept along with being suitably recompensed for exercising that duty.

Enough of the board with a lower case b and a regulator with a capital R – it's all bollocks; we know it, they know it and now the miniscule knows it. Will he get off of his arse and take the opportunity offered for the second time now to actually do something??.

All aboard – Toot toot.

[triadic]

Well said!!

One of the options, which may not be that far fetched is to put the knife through the organisation and start again. There are no doubt many options that the Minister might consider, however one that places safety first and not 'R'egulation (as I don't believe you can regulate for safety)... If this means splitting up the existing CASA then so be it. Safety promotion and education should go to the ATSB or be outsourced with a similar budget. Other areas could also be moved elsewhere. The "S" in CASA is not what we are seeing right now! More like an "R"

[Sarcs]

Hitchhikers guide to the galaxy (Oz regs)…thank you OLDP??

Note: Slight drift from boards, directors & IOS submissions..

From post # 297 of the Reg Reform thread..

sprocket:

If CASRs were supposed to be in plain English, why is there a dictionary as Part 1? Surely plain English words are sufficiently defined in Webster's or Oxford and one should not need to invest in Black's?

Well according to the 1072 page, 1 July 2009 version, on ‘How to use the Civil Aviation Safety Regulations 1998’ {Note: Which as a point of interest was around 6 months after the Skull’s appointment }, under the heading of…

“…Definitions and meanings

30. A piece of legislation often includes definitions of terms used within it. The terms defined are principally the ones that are specific to the legislation in some way — for example because they have been specially invented. Ordinary dictionary words are not normally defined; they are assumed to take their ordinary dictionary meanings. Terms defined in the Act take the same meanings in the Regulations unless redefined in the Regulations. Legal terms also are not normally defined; again, they are assumed to have their ordinary legal meanings.

31. Naturally, the Regulations use many technical terms. A term of which the meaning is well known within aviation and generally accepted is usually not defined. If an unfamiliar word or term occurs in the Regulations, it may be defined in a general dictionary. For example, chord, empennage, fuselage, and longeron are all defined in the Macquarie Dictionary.

32. Occasionally a term that is in general use may be defined because the general meaning of the term is not sufficiently precise. For example, although everybody knows what ‘take-off’ means, it may be necessary, in a particular case, to treat taxiing as part of a take-off. It is not certain whether the ordinary meaning of ‘take-off’ includes taxiing or not. In cases like this there will be a definition in the Regulations.

33. Definitions may be either in the Dictionary at the end or in the text of the Parts.

34. A few terms that are used in the Regulations and that are not defined either in the Regulations or in standard dictionaries are discussed in the Note on Terms at the end of this Guide.

35. Although the Dictionary is not called a Part of the Regulations, and is not numbered, it is as much part of the Regulations as any of the numbered Parts.

36. If a definition that applies throughout the Regulations is in the Regulations but not in the Dictionary, there is a ‘signpost’ in the Dictionary to the regulation where the definition is. For example: major change, for a type design — see regulation 21.093.

37. The standard definitions of aviation terms are those laid down by ICAO and published by it in International Civil Aviation Vocabulary (ICAO Document 9713). Generally, terms defined by ICAO are used in the Regulations with the meaning given by ICAO. There may still be a definition in the Regulations, but the definition will usually be followed by a note to the effect that the source of the definition is the ICAO definition. (The ICAO definition will either be used unchanged, or rewritten in minor ways to be clearer and easier to read.) Often, where a term defined in the Regulations is used, there will be a note nearby saying where to look for the definition.

38. See Subpart 1.A for general provisions about interpretation and definitions.….”

Well that should clear it all up for all those muddle-minded AOC holders, gingerbeers, skygods & knuckledraggers….

We all know the tale now on how the CASR 1998 has grown from a paltry 190 pages, back in 1998-9 to (at last count) 2186 pages and that it all originally came about (the need ) because of the desire to…

….“ 1.003 Harmonisation with FARs

(1) These regulations contain provisions based on the FARs.
(2) An object of these regulations is to harmonise certain parts of Australia’s aviation safety law with the FARs.
(3) The words ‘Source FARs’ below a regulation indicate that the regulation is based on the section of the FARs, as in force on 1 January 1997, stated after the words and, if the section number is followed by the word ‘modified’, the word indicates that the FARs section has been modified for the regulation..." {Q for WLRP: Hmm how do you think we are going with that original endeavour??}

I’m sure the WLR panel are all over this....but for those of us that were contemplating suicide while studying ATPL Air leg, or trying to apply for an AOC, or just finding out whether they’re operationally legal or not ; the HG to the CASRs put out by the OLDP should have a powerful sedative & anti-depressant effect…

Hmm wonder if there is a QRH version to simplify the task for the WLR panel..??


OK back to boreds and other areas of significant contemplation for the WLRP...

[Kharon]

Oh, Good catch Sarcs.

You can tell, the drafter really has a good grasp on matters aeronautical:-

32. Occasionally a term that is in general use may be defined because the general meaning of the term is not sufficiently precise. For example, although everybody knows what ‘take-off’ means, it may be necessary, in a particular case, to treat taxiing as part of a take-off. It is not certain whether the ordinary meaning of ‘take-off’ includes taxiing or not. In cases like this there will be a definition in the Regulations.

TWR – ABC Clear for immediate take off.

FO. – Wodger that – now, standby whilst us defines if you have actually cleared us to taxi and then take off; should we not have been cleared to taxi to the threshold, then pwoceed??. (Extracts manual from flight deck library thumbs through index to find the appropriate regulation before proceeding to correct definition section).

TWR – For FS ABC - get rolling.

FO. – Well !, how very un PC of you. The Captain advises that this will be reported. I am, after all only asking for you to clearly define what precisely you expect us, as a fully qualified legally compliant flight crew to do.

Segue to tower windows shattering multiple controllers, headsets, chairs and coffee mugs flying into space, pursued by an eerie, blood curdling primal scream. Monty Python (or Stephen King?) eat your heart out. In Australia we have weality.

[Creampuff]

My favourite:

car, in relation to a lighter-than-air aircraft, means basket whenever, in the case of any particular type of such aircraft, a basket is a constructional feature of that type.

That, and the definition of “aeroplane” in Part 61.

[Fantome]

32. Occasionally a term that is in general use may be defined because the general meaning of the term is not sufficiently precise.

a UDF has been defined as an unducted fan

in this context, Dick Rutan ('Voyager') was one who bemoaned the tendency to define things in terms of what they weren't instead of what they are.

we are now going to roll a joint. . . which will not be a chiropractic manoeuvre

and to be more specific -

we shall require a receptacle for the denuded weed. . . . .
or more precisely . . . an ashtray

and when you are ordered to cease what you are doing . . ..
think "stop it'

(else you go blind?)

a well known CFI, a redhead incidentally, had this notice on his desk for years -


WARNING - When one has reached my age, noise and non-concurrence cause hyperperistalsis of the gastric mucosa and I become .. .
A NASTY BASTARD

[Up-into-the-air]

Never been in JMc's office

This would exlain a few things:

WARNING - When one has reached my age, noise and non-concurrence cause hyperperistalsis of the gastric mucosa and I become .. .

A NASTY BASTARD

[dubbleyew eight]

car, in relation to a lighter-than-air aircraft, means basket whenever, in the case of any particular type of such aircraft, a basket is a constructional feature of that type.

I wonder if that is an admission that the CAR's (civil aviation regulations) are a basket case.

[Paragraph377]

Utter tosh, really?

Creampuff,
Utter tosh.
The Minister can’t make anyone who wants to leave, stay.

Really? Well I was correct. Herr Skull wanted to leave in May but he has been 'asked' to stay until August! And Creampuff before you delve into any legal wankery definitions about the word 'asked', don't bother. It is what it is, Mr Angry wanted to bail but if he does he won't get his glowing reference and farewell pen.

Frank,
Not sure why Casaweary mentioned Gaunty, he has never been part of the iron ring, it could be because he has 'friends' in government. Either way Gaunty is irrelevant in the context of the current review. Although he has probably shared canopes with Creampuff and Flyingfiend.


UITA,
Skull has (had) a nice office, great view of the Airport, some pot plants, patched holes in his walls, conference phone, keys to the trough, things like that.

[Frank Arouet]

I hear there's silver whistle involved also.

[Paragraph377]

The CASA enema has begun

Frank,
The whistle is a nice gesture. He can blow it loudly to attract the attention of the Styx River Boat Captain, however something tells me that he won't need it as the Ferryman always knows where his passengers are! Toot Toot.
As for pot plant Pete, the real Pete resides in the office of Senator Nash. As for the Skulls pot plants they are withered and droopy (like other senior managements genitalia) as the poor plants have been processing carbon ****e-ox-ide from his office for some time.

I am amazed at what has transpired in the past few days, and the dribble that has been preached from the bloated mouth of Mr Hawke is just plain nauseating. Why oh why won't Truss send him and the rest of his pathetic Board, and MrDak on their way with a golden lettuce and a fist pump? CASA as it is, has to go in its entirety. Keep the handful of good lower level managers and Inspectors (yes there are a couple still there) and pineapple the rest.
It's funny, Truss was warned how the IOS would react if change wasn't sanctioned by him. I am predicting Dr Voodoo will possibly get the gig, not certain though. But either way Terry must also follow suit and head to the retirement villa, A380 endorsed what a f#cking joke. Take any manager around the network who has been there over 10 years and take all of LSD as well.

The time has come for the Iron Ring to be smashed once and for all!!

TOOT TOOT

[Creampuff]

P377

Wow! Slavery must have been revived in Australia.

Mr McC being ‘forced’ to stay is just a delusion that helps some people reconcile what is, to them, irreconcilable: If he’s been so bad, why is he still in the job? Answer: Because he’s been ‘forced’ to stay.

It must be devastating to be forced to tolerate circa $500k pa in the kick, business class travel and 5 star accommodation for another 6 or so months.

Get a grip. If he wanted to leave now, he’d leave now and no one could stop him.

[Paragraph377]

Creampuff, me, get a grip?
I noted in another thread your 'kindness' shown towards AMSA. Wonder why that is??? And somebody even supported you to become the next DAS? Second bite at the cherry perhaps?

Oh well, I am off to have a beer with some of the IOS including 'K', Gobbles, Casaweary and UITA. Frank and Sarcs are busy turd polishing today.
Promise not to talk about you mate.

[Lodown]

A new political force in power? Oh goody! Review season!
Let's put official reviewers in charge who assisted the XXXX (insert name as appropriate) Party in rising to power to thank them for their service.
Number 1 requirement of the review: have the results of the review wrapped up at least 12 months prior to the next election.
Number 2 requirement: if Number 1 is not possible, extend the results of the review until 6 months after the next election.
Number 3: do not embarrass the party in charge.
I see the usual hopefuls are lining up to have their say and extend their 10 minutes of fame.
Wake me when it's over.

[Frank Arouet]

P337: Listen carefully for I will only say this once and won't elaborate.


"whistle/ computer". (rumor only of course at this stage).


BTW By LSD are you referring to lysergic acid diethylamide or Legal Services Department. If it is the latter, they don't provide a service to anybody except CASA and I think they've changed letter heads again. If it's the former, they probably already take it.

[Cactusjack]

Frank's LSD

Frank it could mean: LSD Little Spike Dudley (pro wrestler)

Or:

1. LSD Least Significant Difference (statistics)
2. LSD Limited Slip Differential (drive axels on cross country vehicles)
3. LSD Limited Slip Differential
4. LSD Lucy in the Sky with Diamonds (Beatles song)
5. LSD Lake Shore Drive
6. LSD Love Sensuality Devotion (Enigma album)
7. LSD Long Slow Distance (fitness training)
8. LSD Low Sulfur Diesel (fuel)
9. LSD Law Student Division (American Bar Association)
10. LSD Landing Ship, Dock (aka Dock Landing Ship)
11. LSD Lietuvos Standartizacijos Departamentas (Lithuanian Standards Board)
12. LSD Last Stage of Delirium (Polish web security group)
13. LSD Least Significant Digit
14. LSD Fisher's Least Significant Difference (statistics; analysis)
15. LSD Low Self Discharge (battery chemistry)
16. LSD Love's Secret Domain (album by band Coil)
17. LSD Lysosomal Storage Disease
18. LSD Local Spin Density
19. LSD Lakeshore Drive
20. LSD Louisiana School for the Deaf
21. LSD Lumpy Skin Disease
22. LSD Legal Surveys Division (Canada)
23. LSD Latin Square Design (statistics)
24. LSD Lean Software Development (efficiency in software development)
25. LSD Life Sciences Division
26. LSD Pounds, Shillings and Pence (UK slang for currency)
27. LSD Lyserg Saeure Diaethylamid (German)
28. LSD Life Science Dictionary
29. LSD Liquid Sound Design
30. LSD Large-Screen Display
31. LSD Lansing School District (Michigan)
32. LSD Low Speed Data (videoconferencing data channel)
33. LSD Life, Sex, and Death (band)
34. LSD Lead Singer Disease (when a singer leaves a band to go solo due to ego)
35. LSD Light Shaping Diffuser
36. LSD Labor Saving Device
37. LSD Love Spirals Downward (band)
38. LSD Lamborghini Style Doors (automobile design)
39. LSD Librae Solidi Denarii (Pounds Shillings Pence) UK & Ireland
40. LSD Laboratory for Simulation Development
41. LSD Love Sex & Dating
42. LSD Lysine-Specific Demethylase (biology)
43. LSD Lysergic Acid Diethlamide
44. LSD Legislative Services Division (Montana)
45. LSD Location Service Daemon (Java EJB)
46. LSD Long Slow Death
47. LSD Low Side Driver (electrical engineering)
48. LSD Little Snazzy Drummer
49. LSD Laser Supported Detonation (waves)
50. LSD Life Saving Device (song)
51. LSD Lashed Secured Dunnaged (shipping)
52. LSD Linacre School of Defence
53. LSD Lower Slower Delaware
54. LSD Lead System Designer
55. LSD Light Sensitive Diode
56. LSD Legal Services Developer
57. LSD Legal Self Defense
58. LSD Lexington School for the Deaf (Jackson Heights, New York)
59. LSD List Sphere Decoding
60. LSD Lorenzo Saint Dubois (movie,The Producers)
61. LSD Lone Star Draft (beer)
62. LSD Loud Style Design
63. LSD Lethbridge School District (California)
64. LSD Low Starch Diet
65. LSD Legal Survey Description
66. LSD Logarithmic Standard Deviation
67. LSD Learn, Start, Do (Grand Theft Auto)
68. LSD Lighting Sensitive Displays
69. LSD Littérature Sémo-Définitionnelle (Italian)
70. LSD Laboratory for System Dynamics and Signal Processing
71. LSD Least Separation Distance
72. LSD La Sourie Deglinguee (French rock band)
73. LSD Line Signal Detect (equivalent to carrier detect on a DSU)
74. LSD List Server for Domino (email list program; Bright Ideas Software)
75. LSD Little Silly Dish (small consumer grade satellite receivers)
76. LSD Logistic Support Detachment
77. LSD Lowland Search Dogs (UK)
78. LSD Los Santos Delivery (gaming, GTA:San Andreas)
79. LSD Large Scope Dissemination
80. LSD Liberal Studies Division
81. LSD Liberty Sanitation Department (Grand Theft Auto reference)
82. LSD Louisiana Super Dome
83. LSD Logic and Semantics for Dummies
84. LSD Local Slope Data
85. LSD Logistics Support Directorate
86. LSD Land Surface, Depth From
87. LSD Local Service Desk
88. LSD Lucifer's Stained Dress (song)
89. LSD Large Size Dry
90. LSD Lulie St Dash
91. LSD Laser Spot Detector
92. LSD Loop Signaling Device
93. LSD Lost Souls of Darkness (game)
94. LSD Lifestyle and Social Discourse
95. LSD Love Stops Depression
96. LSD Langley Swim and Dive
97. LSD Live Status Display
98. LSD Lashing, Stowage und Dunnage (German)
99. LSD Lymphatic System Disorder
100. LSD Liquid Scintillator/Scintillation Detector
101. LSD Lowest Significant Dose
102. LSD Lunar Surface Drill
103. LSD Logistics Support Data/Document
104. LSD Lucid Sun Divine (Mary Pranksters song)
105. LSD Large-Scale Distributed (computer systems)
106. LSD Layton Service Desk (Tampa, FL)
107. LSD Limit States Design (engineering)
108. LSD Leafy Sea Dragon (marine fish)
109. LSD Life Span Development (psychology)
110. LSD League for Spiritual Discovery (est. 1966)
111. LSD Law School Discussion (forum)
112. LSD Land Systems Division (various locations)

Either way, the CAsA definition or should I say intent of LSD is complete bollocks. Hey Witchdoctor and Anustasi - stick that in a minute!

[Frank Arouet]

you're a funny bugga Cacktus. P337 would probably agree number 46 aptly describes what they're doing to industry, but is it really an acceptable definition? Number 11, Lietuvos Standartizacijos Departamentas (Lithuanian Standards Board) is probably correct.

[LeadSled]

61.025 Definition of aeroplane for Part 61
Aeroplane means an aeroplane that has flight controls providing control of the aeroplane in 3 axes.

Folks,
Don't you just love it !!!
Tootle pip!!

PS: Bunnings Terry Hills have axes on special right now.