PPRuNe Forums - View Single Post - Glen Buckley and Australian small business -V- CASA
Old 7th Jul 2022, 23:23
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glenb
 
Join Date: Aug 2004
Location: melbourne
Age: 58
Posts: 1,112
Received 83 Likes on 38 Posts
LB and SQUAWK

Regarding the financial viability test by CASA, it was i believe only applicable to Charter Organizations and not applied to flight training. Nevertheless, i never underwent a financial viability assessment.

The business once approved in April 2017 was modelled very roughly on 10 members participating to meet the costs of operating. APTA was not intended to be a profit making Centre, as opposed to my flying school of a decade. APTA was the vehicle to permit my school and others continue in an environment where the legislation would remove access to the 150 hour CPL. The salary structure for APTA cost over $800,000 per annum. Two CASA approved Group CEOs, Two CASA approved Group HOOs ( at third undertaking a one year induction program, ), two CASA approved Group Safety Managers, a Technical Writer and three admin/auditing staff.t

The CASA Transition date was September 1st 2017, you may recall that CASA advised schools that had not completed the process would not be able to continue operations after September 1st 2017.

In February of 2017 (one month before i "flicked the switch on the new procedures), i sought multiple assurances from CASA that the legislation was proceeding. At this time school could operate under CAR 5 regulations until September1st, after which date they had to Transition to the new rules.

CASA assured me that the regulatory change was proceeding as planned on September 1st 2017. Based on those assurances i elected to flick the switch, anticipating strong demand for APTA services. I advised CASA that based on their advice i would activate the new and more expensive procedures, noting that I was already operating in the multi base multi entity formula.

The 141/142 was activated. Weeks later with less than 10% of schools transitioned, CASA delayed the new legislation by 12 months, which gave the wider industry a chance to catch up. My recollection is that the only schools in Victoria and Tasmania that had finalized the process were Oxford and ourselves.

I asked CASA if i could return to the less expensive CAR 5 procedures in the interim, until the delayed legislation was re-introduced but i was not permitted to do so. There was no going back.

That 12 months was tough, as i was funding a business with little demand. As the delayed implementation approached, demand picked up, and we were well on our way to securing the 10 members required. The new regulations came in on September 1st 2018, and CASA declared my operation illegal in October 2018, which effectively halted all new customers and made it impossible to recruit students ethically with only 7 days surety of operations. CASA for the first two months maintained the position that it was illegal and that it was being shut down ( a position they maintained 8 months later when they forced all schools to leave, including my own school.

From September 1st 2018 with the restrictions on trade, and all confidence lost in APTA, my family and my parents funded staff salaries until CASA decalred it illegal and shut it down. After September 1st 2018, financially it was very tough with my parents contributing $10,000 per week to assist with salaries. CASA was advised regularly throughout the process of the commercial harm being caused.


SQUAWK

The accident. I myself got to that scene approximately 1 hour later. Possibly one of the most miraculous survival story with no-one spending the night in hospital. It is a long time ago, it was a private hire. After the accident we did play a role in significant retraining, and I was involved in that, although i dont think the pilot continued flying at the completion of the training.

We had no involvement in the investigation as CASA dealt direct with the pilot. The pilot had his family on board and was a very risk averse fella. I believe it was put down to pilot mishandling although the ATSB report may exist for further details.

This was not the pilots first flight with our Organization.and he did hold a PPL.

Cheers. Glen
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