PPRuNe Forums - View Single Post - The Empire Strikes Back! on Colour Defective Pilots
Old 31st Jul 2014, 08:48
  #415 (permalink)  
Creampuff
 
Join Date: Nov 2000
Location: Salt Lake City Utah
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Why is it that CASA appears unwilling or unable to read and apply the law?

Today we have ... Applicants for a Class 1 Medical Certificate must either satisfy the criteria specified in CASR 67.150, or be found by CASA not to pose a danger to safety on account of their CVD.
Why do these people appear to be unable to understand what the law says, when they presume to expect others to comply?

The relevant requirement is not that the candidate "be found by CASA not to pose a danger to safety on account of their CVD."

The relevant requirement is, unsurprisingly, what the law says.

The law says the requirement is:
(e) either:

(i) the applicant meets the relevant medical standard; or

(ii) if the applicant does not meet that medical standard—the extent to which he or she does not meet the standard is not likely to endanger the safety of air navigation;
[See CAR 67.180(2)(e). My bolding]

The requirement is not that the applicant "not pose a danger to safety". The requirement is that the applicant is "not likely to endanger" the safety of air navigation.

The test stated by CASA - "not pose" - is binary: Zero danger. The test stated in the law is a probability: "not likely". There is a profound difference.

Were CASA not blinded by prejudice, it would comprehend the reason for the requirement being a probability: Everyone and everything is danger to safety, but the probabilities and consequences are infinitely variable. The world is a dangerous place and life is full of risk. Witness the fact that most aviation accidents and incidents are caused by humans with perfect colour perception.

It's simple, CASA: Just apply and comply with the law in its terms.
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