the H&S folks are enlarging their stroke, and the Authority is looking to generate some revenue and post retirement employment perhaps.
Especially the H&S mob. See message below a major victory
Two I can think of, a) The approach downwind into a deliberate vortex ring state. That would blow a few big headed assumptions I hope.
b) Sit in a hover and wind off RPM into overpitch, learn now, can I go or nogo.
was most interested to read Whirlygigs little F1 course booklet recently and didn't see that overpitching problems mentioned, but thought for the main her instructors course delivered a much more complete instructor than what I have seen of our instructors
The same should apply to some of the ridiculous SMS garbage. learn and be good at the basics, the whole ab initio syllabus and every other syllabus that you use, IR, NVG etc with no f'n excuses and the rest takes care of itself is my motto.
This was quite recent
Prosecution of Air Operator under State work safety legislation held to be invalid
New South Wales is known to have one of the most onerous workplace safety legal regimes in the world. Employers have strict obligations to workers with substantial penalties if there is a breach. Prosecutions of employers are incredibly difficult to defend.
In addition, the NSW Occupational Health and Safety Act 2000 (OH &S Act), somewhat unusually, gives unions and other industrial organisations representing employees the right to prosecute breaches of the OH&S Act. The union is also entitled to half of any penalty imposed on an employer.
Landmark decision on the right to prosecute Aircraft Operators for Civil Air Accidents
Heli-Aust Pty Limited v Cahill1
On 11 May 2011, the Full Court of the Federal Court of Australia held that Commonwealth legislation regulated civil aviation in flight to the exclusion of the NSW OH&S Act. The effect of this decision is that airlines and aircraft operators, although still required to meet the safety standards imposed by Commonwealth legislation, cannot be prosecuted under State work safety legislation in connection with civil aviation accidents during flight.
The Facts
On 22 November 2004, a helicopter struck a wire and crashed whilst performing locust spotting operations. Last year, charges were brought against the operator of the helicopter for breaches of the OH&S Act.
In summary, the charges laid under the OH&S Act alleged a failure to ensure that the work premises (in this case, the helicopter) were safe and without risk to health and also that people entering the premises were not exposed to risks to their health or safety. The charges were particularised to allege failures to conduct sufficient planning and failures to provide particular safety equipment for the helicopter and its occupants.
The Full Court Decision
The Full Court unanimously held that the Commonwealth civil aviation legislation covered the field with respect to the safety of civil aviation in flight. Moore and Stone JJ delivered a joint judgment, and found:
The Commonwealth regime for the regulation and the safety of civil aviation in flight in Australia is comprehensive and exclusive, it is not supplementary or cumulative on State law or Commonwealth law. There is a direct conflict between the State and Commonwealth legislative schemes. A State law, to the extent of the inconsistency, is invalid.
Flick J, in a separate judgment, essentially reached the same conclusion.
Impact Of Decision
The decision of the Full Court means that the OH&S Act, and by extension corresponding legislation in other States and Territories, insofar as they purport to apply to matters concerning the safety of civil aviation in flight, are invalid. Occupational health and safety laws continue to apply to matters occurring in or around aircraft that are not strictly related to the operation of the aircraft.
Despite this limitation, the judgment represents a significant victory for airlines and aircraft operators insofar as it permits certainty about the standards to which they are required to operate and eliminates exposure to the significant penalties under State work safety legislation in the event of civil air accidents.
It is not known at this point whether there will be an application for special leave to appeal to the High Court.