PPRuNe Forums - View Single Post - The Empire Strikes Back! on Colour Defective Pilots
Old 5th Jun 2014, 22:22
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brissypilot
 
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Location: Brisbane
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I have little doubt John Obrien WILL win the case against CASA - providing funds don't run out. That's the ONLY weakness in what is predicted to be landmark win!

These guys can be supported through the "Your Support" section of the CVDPA website.

I'm also sure the Senate will be carefully reading all of their transcripts, given that the sworn evidence given to the Committee seems at odds with these actions.

These latest moves by FF represent an unprecedented attack on the industry - all because a few individuals dared to question their decision making abilities. The ASRR makes it abundantly clear that Australia has lost all confidence in the regulator. As Kharon says, they have to go and they have to go now. Whether you're CVD affected or not, I would suggest that ALL pilots need to be contacting their parliamentarians to express outrage at these latest tactics. A few suggestions are below. Support your fellow colleagues whose careers are now under very real threat.


The Hon Warren Truss MP
Deputy Prime Minister and Minister for Infrastructure and Regional Development
[email protected]


Senator David Fawcett
[email protected]


Senator Nick Xenophon
[email protected]


Senator Bill Heffernan
Chair - Rural and Regional Affairs and Transport – Legislation Committee
[email protected]


Senator Glenn Sterle
Deputy Chair - Rural and Regional Affairs and Transport – Legislation Committee
[email protected]


Your Local MP
Members and Senators - Parliament of Australia

Another point - assuming there is no new evidence (and none has been forthcoming from FF and its doctors, and Dr Pape strongly asserts that there is none), is CAsA in contempt of the AAT in respect of the original AAT ruling?

Perhaps the legal minds can better answer that one, but I think they're certainly treating the current AAT with contempt by pre-empting a decision that hasn't even been heard yet. If you read the 1989 Denison v CAA AAT transcript - para 8 provides summarises how that case was conducted:
8. We understand that there are a considerable number of other pilots with defective colour vision who have requested the granting of licences which do not contain a condition prohibiting their piloting aircraft at night. For that reason the respondent indicated that it wished to conduct this case as a test case. Mr Rose, therefore, informed the Tribunal that the respondent intended to present its case in a manner which would encompass not only the applicant's situation but also broader issues relating generally to defective colour vision. At the request of the respondent the Attorney-General granted legal aid to the applicant to ensure that he was not disadvantaged by the respondent presenting his case in that manner. The matters which we have to consider in these proceedings have consequently been extended well beyond those which the applicant originally sought to raise, that is to say whether his defective colour vision made it unsafe for him personally to pilot an aircraft at night. The proceedings have taken 28 hearing days.

The announcements by CASA this week have sent Australia back to the dark ages with restrictions that are far harsher than those which existed pre-Denison. Yet interestingly, we now have significantly more CVD pilots operating at all levels of the industry. Despite this, it appears that CASA do not consider the upcoming AAT case a "test case" this time and it appears no form of legal aid has been made available. They are using bullying tactics to suffocate the CVD folk and it's a national disgrace!
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