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Old 5th Jan 2015, 04:48
  #1638 (permalink)  
thorn bird
Join Date: Jul 2010
Location: sydney
Posts: 1,408
A blast from the past

Have we have learnt nothing?

The Zippy Share link at the bottom of the page will take you to a discussion written by ex-TAA Captain, turned lawyer Paul Clough. The opinion, comments and advice provided are persuasive. Expertise in both the aviation and legal disciplines add weight to the construct, which is provided for mature consideration.

The opinion provides a measured response to two, of several events which occurred during the past five years i.e. the Polar Aviation decision and the grounding of Tiger Airlines.

In my opinion, the piece provides a powerful insight into the burgeoning “Rule of the Regulator”, the consequences of that ethos and graphically illustrates how the unconscionable, immoral behavior of the so called “Iron ring” utilizes the CASA legal department in a “win at all cost” battle against any action which challenges the premise that CASA cannot be wrong.

The terms model litigant and due process are merely paid lip service when a determination has been made to take a course of action.

This practice tarnishes the reputation of all public servants and denigrates the legal profession, as a direct result.

If, as the Forsyth review recommends, CAsA is to genuinely seek rehabilitation within the aviation community then the opinion of Clough and many other aviation oriented counsel who contributed to the review must be considered essential to the dialogue.

Clough reaches back in time and uses as an example an incident which, to my knowledge, was never made public, Valuable lessons were therefore not learned, to the detriment of air safety.

There are many parallels and similar events occurring today, but lack of transparency and independence of public investigations achieves the same result as the cited incident.

Zero safety lessons learnt.

One of the startling differences is that the DC9 crew acquiesced to the CAA demands; the consequences were demonstrably almost fatal, certainly expensive.

There are several individual cases from 'today' that I am aware of, and probably many more that I aren’t, where crew or trainers have refused to oblige the CAsA demands, the aircraft remained undamaged, lives perhaps saved, but because of their dissent, the effect of that refusal has been detrimental to the careers of those pilots who stuck to SOP and the manufacturers prohibitions contained within the approved aircraft flight manual.

The many relevant messages contained within the article, the lessons that could have been learned by industry, are as relevant now they were during the DC9 incident. The questions raised are the same today and not just in aviation, but across the spectrum where the rule of the regulator impinges on an industry.

There is also some sound advice on protecting yourself and your organization should you become a potential victim of the 'system'. What is terribly sad is that that advice should be necessary, that a mature debate on a safety issue cannot be had with the regulator for fear of punitive retribution.

The DC 9 incident rang the warning bells, very loudly. TAA acted, promptly and correctly, but the regulator's official slipped away unscathed. Since the incident was managed 'quietly' and in house, the regulator has not taken the steps required to ensure, that from their end, the DC 9 incident could not be repeated. Indeed, recent court hearings have demonstrated that the ability to act irresponsibly has been enshrined in law; under the banner of 'safety'.

Those same warning bells are today ringing equally loudly, only an inch from our ears yet still the industry blindly follows the “Judas” goat to oblivion, like lemmings off a cliff.

Just like the ferryman, I get this curiosity itch. Scratch it and it just gets worse, no matter how I try to ponder an answer, for the life of me I cannot see why those of the 'Iron Ring' are so determined to destroy the very industry they oversee and draw revenue from.

What motivates them on this course? Are they being driven against their better judgment by a political agenda, such as that of Minister Albanese ?

Or is there a darker reason?

GA secondary airports have become very valuable pieces of real estate. Evidence is surfacing of a bit of derring do between various government officials and property developers during the original sell off.

Kill off GA and these very valuable pieces of underutilized real estate if commercially developed would make someone a lot of money.

I cannot accept that anyone in the bureaucracy could be so blind not to realize that destroying the industry they regulate they destroy themselves.

There must be intelligent people among their ranks, we have all observed just how cleverly they can manipulate events when it suits them.

I cannot accept that they are oblivious to the cause and effect of their actions on General Aviation, or the whole industry, Tiger for an example.

The affect of the law of diminishing returns must, eventually have an adverse effect on their own organization and by extension, their own well being.

The question I ask is why? What do they possibly hope to gain?

Zippyshare.com - Clough_DC9.pdf

Don't forget, hit the Download Now button to avoid spam.

I have taken the liberty of using 'bold' text to emphasise some bits and pieces that to me seem to be important and added some of my own thoughts and questions in the brackets.

Last edited by thorn bird; 5th Jan 2015 at 05:04.
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