"Catching a glimpse of the fabled insurance elephant"
More than a glimpse I would of thought...
The rumour is it is one hell of a monster bull elephant, with more resources at its disposal than half a dozen third world countries combined...
Although..it does kind of make sense of the whole PelAir embuggerance, which quite frankly has never really added up..
Ok research hat coming on I reckon...
Kharon:
It all seems very complex and 'legal' but apparently the Department (MM) has been aware of this 'black hole' for a very long while. There have been many attempts to have the law changed and this insurance company get out of jail free card removed from play, but no action has been taken.
Disgusting really that such a loophole in this day and age can be allowed to exist, kind of makes you ashamed to be Australian...
In my limited understanding (correct me if I'm wrong) that if the PelAir AOC had of been issued by any of a number of other countries that are signatories to ICAO & the
Warsaw Convention (as modified by Chapter I of the Hague Protocol and Chapter I of the Montreal Protocol No. 4), this loophole would not have existed and the insurance company would have no other choice but to pay out under the terms of the
CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1959 .
Perhaps this is better explained by (surprise, surprise..
) Fort Fumble in their
NPRM 1304:
3.1.1 Interpretation of medical transport flights
Leading aviation nations, such as the UK, Europe, Canada, New Zealand and the USA (for the USA, specifically when the patient is on board the aircraft), recognise that MT flights, including:
- patient inter-hospital retrieval
- international patient repatriation
- emergency medical service (EMS) operations,
are conducted as air transport operations under the authority of an AOC issued by the operator’s State. It is widely understood that this approach to classification and level of regulation has many advantages for the overall context of these flights, particularly from operational and safety systems perspectives.
These nations have applied definitions and applicability of commercial air transport (CAT) Standards and Recommended Practices (SARPs) – as outlined in Annex 6, Parts I and III to the Chicago Convention – to their operations. In Annex 6 to the Chicago Convention, the International Civil Aviation Organization (ICAO) defines commercial air transport as:
commercial air transport operation (is) an aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire.
Clearly, the abovementioned countries have interpreted this to mean that the transport of passengers for MT flights is an AT operation, and have written their legislation for these operations accordingly. CASA is of the view that such an interpretation confers many safety advantages to MT flights, chiefly that the full range of organisational, equipment, flight crew and safety system standards confirmed by the issue of an AOC are applicable to such operations.
ICAO reinforces this through their definition of an AOC:
Air operator certificate (AOC). A certificate authorizing an operator to carry out specified commercial air transport operations
FF go onto describe the '
unique' Oz classification for MT Flights:
Amongst leading aviation nations, Australia is unique in classifying MT flights as aerial work under the prescribed purpose of ‘ambulance functions’, outlined in subregulation 206 (1) (a) of CAR. This classification subjects Australia’s MT operations to a different standard of regulation than would be the case under the ICAO AT standards and those of most other leading ICAO Member States.
Irony of ironies is that the proposed NPRM for "
Regulation of aeroplane and helicopter ‘ambulance function’ flights as Air Transport operations" has largely come about due to the findings & recommendations of the Senate AAI inquiry...
Though that is small comfort for Ziggy & Co, who will be dealing with personal injuries (both physical & psychological) in the aftermath of the ditching for the rest of their lives...
Much more to follow on this..
