The Empire Ain't Beaten! Their power is immense.
The John O’Brien result is indeed bitter-sweet. John has had a victory of sorts and indeed most of the decision is such that it will enable him to progress his career, but with considerable operational restrictions . As to the rest of the CVD population, there is still a big dark cloud hanging over them. At a big meeting of aviation medical people in Melbourne this last Saturday, the O’Brien decision got a cursory mention. My take home impression was that existing CVD certificate holders would continue with what they now have, but that new applicants would be subjected to the standard three levels of colour vision screening in accordance with the existing ASR 67.150 (a), (b) and (c), where the CAD would be the standard test for the purpose of (c). A fail at all three levels will result in the refusal of ANY Class 1 medical and a Class 2 confined to Day VFR only. The attendees at the meeting were instructed that the Chatham House Rules were to be observed, whereby one could report but not attribute to any given speaker or attendee. Further, the meeting offered no opportunity at all to question, discuss or debate on any topic, and in particular the topic of CVD.
The use the CAD was falsely claimed to be a progressive step that would enable the rate of meeting the colour vision standard by pilot applicants to increase from about 95% to 97%. This claim is profoundly absurd. This entire project involving the CAD will send colour vision policy back to the Stone Age (i.e. pre WW2). CVD pilots who were unable to pass any of the levels of colour vision testing have nevertheless routinely been entitled to the Class 1 medical (with restrictions) for at least sixty years.
The implementation of this draconian measure by CASA is based on absolutely no credible evidence that supports the prediction that CVD are likely to perform their duties in any measure of unsafe manner. The real significance of the O’Brien decision is that the AAT accepted John’s impeccable safety history and outstanding reputation as a competent and highly regarded pilot.
CASA successfully objected to the submission of evidence that other individual CVD pilots, just like John O’Brien, had progressed to the highest levels of commercial aircraft operations with equally impressive and impeccable safety records.
To illustrate that CASA is determined to execute its new draconian measures, I will briefly outline the story of a very keen intelligent young man who is fresh out of year 12 at school and, in short, he has had his aspirations of a commercial flying career denied by CASA, and all this in the last few weeks, even as we awaited the O’Brien decision by the AAT. He has had a formal refusal of his application for a Class 1 medical certificate on the basis of his failures on the Ishihara, the Farnsworth and finally the CAD. In the letter of refusal from CASA he has been offered a Class 2 certificate valid for VFR Daytime only. He was advised that he could appeal to either CASA internally, or to the AAT. I am advised, but with little extra detail, that he has lodged with the AAT and that his first conciliation conference is scheduled for April.
So, in summary, the departure of the last PMO, it appears, will have little influence on the path CASA seems determined to follow. The issue of morality is bouncing around in my head. Indeed, there is a big battle ahead; the O’Brien case was never going to be the end of it!