Well the pollies may have left the building but the RRAT Committee Secretariat are still hard at work
. Noticed they've now released the QONs index from Senate Estimates (29/05/13) and there is some significant outstanding QONs of particular relevance to this thread e.g.QON 1:
01 CORP 01 MACDONALD Government response to the Committee's Accident
Aviation Report 29/05/2013
Senator IAN MACDONALD: Thank you for that. Senator Thistlethwaite, as the
minister representing the minister, can you give any indication of what timing the
minister might adopt in relation to this important report and the government's
response to it?
Senator Thistlethwaite: I cannot give you an indication now, Senator, but I can
take that on notice and see if we can come back to you before the end of the day.
Senator IAN MACDONALD: That would be great, thank you.
QONs need to be answered by the 26th of July and if you will remember the Senators were agitating for sooner rather than later, due to the upcoming election.
In regards to Senator Xenophon's disallowance motion it would appear that it still stands (i.e has not been contested or withdrawn) and there are only 12 more sitting days for it to remain uncontested.
2 Senator Xenophon: To move—That Civil Aviation Order 48.1 Instrument 2013, made under subregulations 5(1), 5.55(1) and 215(3), and regulation 210A of the Civil Aviation Regulations 1988, subregulation 11.068(1) of the Civil Aviation Safety Regulations 1998, section 4 and subsection 33(3) of the Acts Interpretation Act 1901, and paragraph 28BA(1)(b) and subsection 98(4A) of the Civil Aviation Act 1988, be disallowed. [F2013L00628]
Twelve sitting days remain, including today, to resolve the motion or the instrument will be deemed to have been disallowed.
And considering the Senate isn't due to sit again till the 20th of August...well I think the chances are the CAO 48.0 instrument is somewhat stalled for a significant amount of time, so well done Sen X
.
While on the subject of CAO 48.0 I must confess to underestimating the bookish Greens Senator Rhiannon as white noise that the Senate Estimates didn't need..but after reading the QONs index I have a new found respect for the good Senator
.
104 CASA 14 RHIANNON CAO 48
Senator RHIANNON: Mr McCormick, does CASA expect tier 2 operators to operate to the flight and duty limits established in CAO 48? I was interested in looking at what some of the representations were that had been made to our office.
But, in 1.12—I am sure you aware of it, but I want to give some context for why I am asking about it—the first dot point talks about the fatigue risk increases, then it goes on to say that the impact on performance 'eventually becomes unacceptable sometime after 16 hours awake'. We are talking about pilots being awake for more than 16 hours. Some of the representations made to us are that pilots may be operating for 19 hours. We are talking about the limits in CAO 48. Would you comment on that. Is that what you are expecting? If you have that there, do you actually expect that those limits will be what people work to?
Mr McCormick: Sorry, I will have to take that on notice and get back to you.
Senator RHIANNON: I can give it to you.
Mr Mrdak: Perhaps the way forward is to take your question on notice. During the dinner break, officials can look at the document just to ascertain what it is, if that is all right, Chairman. I am just trying to find a way forward to assist the senator.
105 CASA 15 RHIANNON CAO 48/Air Operator's Certificate
Senator RHIANNON: And the rest I will put on notice. If CASA does not expect operators to utilise the limits of the CAO 48 based on perceived individual operator risk, how does CASA intend to manage that risk? What head of power is CASA reliant upon in imposing further restrictions on the CAO limits? If CASA is imposing Air Operator's Certificate operations manual limitations, against what standard are those limits assessed and audited? Does CASA expect all, many or most of the tier-2 operators to have limitations imposed on them?
CHAIR: Mr McCormick, where possible, please could we have the answers as direct and short as possible. I know that is a big call for this committee.
And Sen Rhiannon's written QONs on CAO48.0 (I especialy like the QON where she takes it up to the DAS
):
107 CASA 17 RHIANNON Civil Aviation Order (CAO 48)
1. Can you update me on the progress of the further review of current CASA
standards and policies in relation to the management of fatigue risk?
2. What are the next stages of the process and what is the timing of the
review process?
Written
108 CASA 18 RHIANNON Tier 2 Operators 1.
1. In the case of Tier 2 Operators does CASA expect the operators to operate to the flight and duty limits established in CAO 48?
2. If CASA does not expect Operators to utilise the limits of the CAO 48
based on perceived individual operator risk how does CASA intend to
manage that risk?
3. What Head of Power is CASA reliant upon to impose further restrictions
on the CAO limits?
4. If CASA is imposing Air Operators Certificate Operations Manual
limitations, against what standard are those limits be assessed and
audited?
5. Does CASA expect all, many or most of the Tier 2 operators to have
limitations imposed on them?
6. How many Tier 2 operators are there?
109 CASA 19 RHIANNON Fatigue Risk Management System
1. Can you outline how CASA has established a flight and duty time
limitation system that manages the fatigue risk associated with operating
aircraft and is safe?
2. Does CASA expect many Tier 3 Operators to develop a Fatigue Risk
Management System?
3. Is it the intent that a Fatigue Risk Management System acceptable to
CASA would permit an Operator to utilise flight and duty limitations
outside those contained in the appendices CAO 48?
Written
110 CASA 20 RHIANNON CAO 48 limits
1. I understand there are flight and duty time restrictions you expect to be
imposed on a significant number of Tier 2 Operators that are inside the
limits contained in CAO 48. Do you believe the limits contained in the
CAO are safe when used in Toto? If not, why not?
2. If the answer is yes then why is there a necessity to impose further
restrictions?
3. Why is it safe to permit Tier 3 Operators to use limitations outside the
CAO?
4. Do you accept that fatigue is incurred after prolonged periods of
wakefulness and duty and is only ameliorated by sleep? Do you accept
that flight operations that occur across normal sleeping periods is fatiguing
even when the pilots are able to rest during flight?
5. If CASA has insisted on restrictive limits inside the CAO for the majority
of Tier 2 Operators how can the CAO 48 limits be safe?
Written
111 CASA 21 RHIANNON Research on fatigue and application
1. It has been reported that Mr McCormick did a master's thesis specialising
in fatigue. Is that correct?
2. Did Mr McCormick play a direct role in producing CAO 48?
3. In his previous role in Cathay Pacific Airways did he see evidence of
fatigue affecting flight crew performance in that airline?
4. How did he manage the operational risk presented by the fatigue?
5. Did the airline operate to the limits of the Hong Kong Civil Aviation
Department rules on flight and duty limits or did the airline apply self imposed
limits or apply limits as a result of industrial negotiation?
Anyway here's the link for the QONs index...fill your boots!
http://www.aph.gov.au/Parliamentary_Business/Committees/Senate_Committees?url=rrat_ctte/estimates/bud_1314/infra/Final_infra.pdf
Okay Creamy poor choice of words but if you refer to the instrument itself it basically only applies to new/transitional AOC holders from 30 April 2013..
"4 Delayed and transitional taking of effect
4.1 This Order takes effect on 30 April 2013 for the following:
(a) a person who, on or after the commencement of this Order:
(i) applies to CASA for the issue of an AOC; and (ii) as a result of the application — becomes the holder of an AOC (an AOC holder);
(b) each FCM member of a person mentioned in subparagraph (a);
(c) for paragraph 16.1 — each person who:
(i) immediately before the commencement of this Order was the holder
of a flight crew licence; or
(ii) on or after the commencement of this Order becomes the holder of a
flight crew licence."
or otherwise...
"4.3 Subject to paragraph 4.4, this Order applies to an AOC holder (a transitional
AOC holder) on and from 30 April 2016 if the holder has held an AOC since
immediately before the commencement of this Order."
Which leaves plenty of time for Parliament to properly review/repeal/amend certain parts of the instrument.