Caution – long post. So, having quite happily given the Pel Air operation a gold star, a donkey on which to pin the tail became a requirement; as the pilot error scenario was writ and it very handily provided the least line of resistance the process was, with indecent haste, put in train. Dom James was a sitting duck, the whole thing was managed with extraordinary ease. I expect DJ had guilt, shame, shock, horror, disappointment, a certain amount of denial must have been mingled amongst the sheets of self doubt. This, combined with being isolated would (IMO) not be conducive to adequately boiling a kettle, let alone take on the might of CASA, on a mission – however; he stuck in and tried.
Having copped the humiliating suspension, (furry muff most would say); he soldiered on and passed the required exams. We all know how tough the ATPL exams are, particularly flight planning, but pass he did. A reasonable man would accept this as proof that an adequate knowledge was demonstrated – because if not, then every man jack here with an ATPL is operating on a false premise. The DJ exam results were examined and it was decided that a pass was not enough, having the requisite hours was not enough, in fact nothing else would do but:
Assessment of the ATPL KDRs conducted through an oral examination subsequent and separate to the flight test component. This assessment would include a complex scenario to assess the items from the Flight Planning Examination (Determine Sector Fuel Burn, Determine TOPD, Determine PNR/DP). This assessment would use the aircraft type from the ATPL Flight Planning exam (B727). The difficulty with this is finding an FOI with suitable 727 experience and recent knowledge of the performance aspects of the aircraft.
A suitable and preferable alternative is to base the assessment on the Westwind. Len Veger is very familiar with the
performance aspects of this aircraft as a result of his input to the investigation and AAT process. James is also suitably
familiar with the type.
The above is winnowed from the 200 odd pages I have ploughed through related to what was done, why and how to DJ. DJ is not an isolated case and it is important to us all that the flaws, (or loopholes if you like) that allow double and even triple jeopardy to become a weapon in the hands of ambitious, self aggrandising folk with no conscience whatsoever, is stopped; right here, right now.
It is interesting to note that the (acting) manager of this squalid affair selected three of the least qualified FOI to dream up the DJ re qualification scheme. None have ever flown 'serious' line operations, certainly not 'on international', in jet aircraft under multi crew operating rules. There are qualified, good men who could, conceivably, have dreamed up a scheme, but they were more likely to say - "well, he's passed ATPL, he's passed MECIR, give him a proficiency check under his CAR 217 system; if he passes that, what else is there we can or need to do. He's legal, turn him loose with a note to the HOTAC requesting a report on every check or training flight he undertakes". A reasonable response may even add a caveat – "should the pilot not be employed under a CAR 217, the ATPL may be deemed 'frozen' until such time as a proficiency check under a CAR 217 system is satisfactorily completed".
But no, not DJ. As I read and study the information I have it becomes apparent that not only was James to be suspended, but on the insistence of one man and despite some pretty good legal advice from Messrs Aleck and Rule, supported by a fairly nifty 'dodge' from Hood preventing his signing of 'the' managers (acting) letter the point was to be pressed home with preposterous determination and totally decimate the career of what could be; potentially an asset to an operating company. I should add that Messrs Aleck, Anastasi and Rule where simply and probably honestly attempting to provide sound legal advice to a twisted operational matter; bit like a pilot trying to act as a Barrister in high court, or a Barrister trying to act as PIC of an international jet; when you think about it. Interesting, but is it really practical?.
Said it before, but I'll say it again; DJ is not the only one there, suffering for one mans notions of justice. But it gets worse, when you think of why was it done this way (apart from sheer ambition driven spite).
A study of Hansard seems to clearly indicate that at sometime during the CASA investigation it was decided to abandon the Section 20A line of possible enforcement action. If this is so, the abrupt change of tack should also be identified in the mandatory documentation, submitted by the 'investigation' team reporting to the (acting) branch manager. It would be of some interest to see who instigated this directional change and whether it was due to CASA realising that a Safety Recommendation was imminent.
It would be of considerable interest to evaluate the entire document trail related to this about face and where the aborted brief of evidence is. The audit team, investigating appear to have been initially tasked with examining the potential for prosecuting the Pilot under Section 20A of the Civil Aviation Act; a strict liability, criminal penalty offence.
Thus revealing possible adverse implications from the findings of the Special Audit Team and subsequent enforcement actions inflicted on the Pel-Air pilot. Consider that several of the issued RCA were directly relevant to the Company and pertinent to the Critical Safety Issue. CASA attachment to Mr White’s letter states:
“Section 20A of the Civil Aviation Act also makes it an offence to operate an aircraft being reckless as to whether the manner of operation could endanger the life of another person (or the pilot)
This appears to indicate that initially CASA were considering a line of enforcement action under Section 20A of the Civil Aviation Act.
There is seriously a lot of information to work through, the email chains require further, careful rearrangement in chronological order to extricate the story, entire; but based on the work so far, I'd say Dom and couple of other slightly less savoury cases have the wood on the wabbit.
The point of course is can the WLR handle the investigations required to 'see' through the smoke and mirrors to the fatally flawed areas of legislation where the vermin hides? That's a fair question I'd say, given the evidence so far.
A question then, to determine if the Vicar can cut the mustard?? What's wrong with following statements.
I spoke to Dominic James• regarding lifting the suspension on his CPL and CIR and the. conditions that CASA has a mind to apply to his licences. The summary of the conversation as follows:
• I asked James when he intended to address the complex flight planning, scenario and he indicated that he would
address in the near future however has not yet prepared for it.
• I asked if he then wished CASA to reconsider lifting the suspension on the CPL and CIR to which he said he did
want it lifted: •
• I asked that he send an email to that effect and he advised he would only do that if he considered CASA were
serious about lifting the suspension.
• I advised that CASA will seriously contemplate lifting the suspension.
• I also advised that CASA had a mind to attach the following conditions to his licence
o Requirement that CIR renewals to be conducted by CASA or a person approved by CASA
o Requirement to report to CASA his employment arrangements and any change in his employer within 7
days of that change. • • '
o These requirements would be in place for a period of 2 years following lifting of suspension.
• James expressed concern that this would prevent him being employed. I advised that these conditions were
necessary to enable CASA to conduct on-going surveillance In order to be satisfied that he maintained the
appropriate standards following lifting of the suspension.
• I explained he could consent to the conditions or CASA could take show cause action to vary his licence to add
the conditions.
• He asked I email the details as discussed. I will draft an emall and obtain review from XXX prior to dispatch.
Well, with any semblance of humour well and truly rendered nugatory, I'll go and see to Gobbledock's beloved Pachyderm (elephant), that never, ever fails to cheers me up.
Selah.