DP "There may not have been a rule broken in this case, however CASA certainly has the right to ask questions if they feel that it is necessary. There are way to many fatal accident reports coming out of the ATSB these days where pilots have killed themselves and others due to stupid reckless acts, beat ups, attempting to land on unlit airstrips at night and flying at night without a NVFR or IFR rating to name a few....."
Good point – but it's a vexed question though. We have had years of R sized regulation 'enforcement' but the accidents keep happening. There is even a very good argument that over regulation creates an increased risk (miles of reference material).
The Federal Aviation Administration (FAA) Compliance and Enforcement Program Order 2150, contains the statement:-
The FAA compliance and enforcement program is designed to promote compliance with statutory and regulatory requirements. The program provides a wide range of options for addressing non-compliance.
These options include educational and remedial training efforts, administrative action in the form of either a warning notice or letter of correction, certificate suspensions for a fixed period of time, civil penalties, indefinite certificate suspensions pending compliance or demonstration of qualifications, certificate revocations, injunctions, and referrals for criminal prosecution.
When violations occur, whether they involve operating an airport; producing aircraft, products, or parts; performing aircraft maintenance; operating aircraft; or shipping hazardous materials, FAA enforcement personnel must take that action most appropriate to promote safety and compliance with the regulations.
The initial priority of FAA investigative personnel is to correct any ongoing non-compliances. FAA personnel then determine what action to take by evaluating, among other things, the seriousness and safety risk imposed by the non-compliance. Elements of the FAA compliance and enforcement program also seek to promote safety and greater compliance by encouraging regulated persons to disclose their own violations and the circumstances surrounding those violations. Based on information provided through such disclosures, the agency’s compliance and enforcement program fosters the implementation of permanent corrective measures to improve overall safety. My bold
The other side of the coin is the lack of (for want of better) positive reinforcement; through educational material. 'New' generation pilots will make the same mistakes the 'old' generation made – if they are not warned – and educated. Not only to the inherent risk, but in risk identification, assessment and management of that risk and how to extricate themselves – should Murphy elect to take a hand. The old 'Crash comic' did a great job; start of winter tales of ice, snow, low cloud and fog; beginning of summer tales of thunderstorms, dust storms, Willy willy confrontations and scud running. The new kids always had the benefit of experience from the 'old' errors, rather than having to learn on the run.
Anyway – it's been a rum year so far; and, if the solution is not presenting through prosecution, perhaps better education could provide the answers. Dunno – but it's a worry
Just saying.....