Originally Posted by Outofwhack
I don't target you in particular. I target all individuals on this thread who waste their time talking about change but do nothing else about it. Study what one person achieved in Australia to allow all CVDs to fly professionally by day and night - and do the same in your own country - he is even offering his vast experience in briefing your countries lawyers! That's the kind of wake up message I bring you.
We have proof CVDs are safe pilots- 23 years of it!
I failed every test in UK and have been flying commercially in Australia for many years. Arthur is back and offering to resolve these CVD restrictions in every country but you have to do more than post on a forum to make it happen! Yes wake up! If I could I would give you all a good shake
I would like to correct OOW on previous comments.
In the UK, we DID go down the legal route a few years back.
I managed to get enough of us together to contribute some cash each to consult with legal counsel in London who specialises in cases of this nature.
Our solicitor arranged a telephone conference and myself and one other member of our group attended the London office in person and met with the Barrister.
The conclusion of our one hour meeting was a decision that we had a case for Judicial Review, and that there was justification for claims for damages against the UK CAA based on several areas including Disability Discrimination, Sex Discrimination and even Genetic Discrimination. The advice was that a Class Action should be brought by several plaintiffs, using one case as the lead and the others as joined actionees (that may not be the correct legal jargonese but you know what I mean).
We were also advised that the case was likely to cost anywhere between £60,000 - £ 100,000, maybe more, depending on the degree to which the action was contested, and that there was no guarantee of success.
This was a major stumbling block.
Added to this was the fact that the impending change from JAA to EASA was in the wind and no-one knew what was going to happen.
What we did know was that, if we had the financial resources and took on the UK CAA and won, which was highly unlikely in the time frame before EASA became the regulatory authority, that victory could be very short lived as EASA could simply introduce new legislation which would negate any prior decision of the UK Courts. This would mean starting again.
Also, in a letter received from a very senior person at the CAA, it was stated in no uncertain terms that they would defend their position vigorously and throw every available resource at it. In my opinion, this was nothing less than a muted bully-boy tactic, with the thinly veiled 'threat' of "We've got far more money than you so you can't beat us".
Therefore, even if we had the resources it made far more sense to wait until EASA took over, to avoid repetition of effort, and the project was shelved temporarily.
So, we have tried to take on the powers that be, head on. Some have even gone to the point of applying and gaining legal review under UK CAA legislation, which proved to be nothing less than an absolute whitewash with the case being heard by CAA Executive Directors, who can hardly be classed as impartial. The only argument that the UK CAA put forward against the Appellant in that case was the safety issue of landing large transport aircraft, using PAPI as landing guidance - citing the US FEDEX Tallahassee case as evidence. The Appellant's previous military history (RAF and Army CP3 - Colour Safe), Night Qualification and Night Instructor rating (from an unrestricted Class 2 medical), safe flight (Day & Night) record and the accident statistics obtained from the USA, Canada, Australia and UK were all dismissed out of hand. The CAA doctor present even went so far as to state that the accident statistics were incorrect, even though these were obtained directly from each relevant aviation authority or investigation branch and were presented without adjustment. That is the level of arrogance that you deal with over here.
The next step after that was the UK Courts with once again the costs involved.
Unfortunately, taking on these big players in the UK or EU Courts is hopeless unless you have very deep pockets.
Apart from that, they will not listen to any arguments, however reasonable. They are only interested in the sound of their own voices, however irrational.
So you see, we have tried to negotiate, we have tried appeals and we have consulted legal advice; unfortunately, with no positive results.
What is the next step?
Personally, I have no idea but I am open to serious, credible suggestions.