PPRuNe Forums - View Single Post - Policy is not law – AAT buckets CASA decision
Old 23rd Mar 2011, 04:34
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Torres
 
Join Date: Jan 1999
Location: Queensland
Posts: 2,422
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I must have misinterpreted your comments on this one: Coral Sea Airlines Pty Ltd and Civil Aviation Safety Authority [1999] AATA 329 (17 March 1999))
Not at all Creamie. You really do missunderstand me!

There were a number of issues considered by Deputy President Dr. Gerber in that matter, including the crash of Shrike VH-YJT; alleged Failure to Record Defects on Maintenance Releases; Overloading of Aircraft; Pilot Experience and Competence; and Personnel and Management Structure; most of which are more than adequate justification in CASA's original decision to suspend the operator's AOC. The alleged RPT operations is not in my opinion, necessary to consider in justifying the decision by CASA and supported by the AAT, in revoking the operator's AOC.

That Staunton supported your view on CAR206 and Fice supports my view of CAR206 is merely indicitive of an appallingly drafted Regulation that lacks the definitions necessary to be intelligently and lawfully interpreted - as Staunton confirmed in his urgent recommendation 15 years ago to review and revise the classification of operations.

I don't disagree that RPT operations should be safely regulated but the mumbo jumbo of CAR206 fails to achieve that objective, to which by your comments you obviously agree.
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