Thornbird:
It is not possible to regulate risk away, yet CAsA continues to try,
Because it is exceedingly profitable and risk free from a career perspective to purport to try.
The latest example is the application of draconian conditions on a victims medical certificates when CASA Avmed discovered he had been taking Panadiene Forte by prescription for chronic pain syndrome since 1993.
CASA used the O - word; "Opiates" and the good AAT commissioner stood to attention and saluted. I am particularly drawn to his revealing last sentence in his decision:
The safety of air navigation is my paramount consideration. It is only a result of the applicant’s extensive and impressive flying record and his current working conditions that I consider the issuing of the applicant’s Class 1 and Class 2 Medical Certificate with conditions is warranted over refusal.
The FAA considers use of Panadiene Forte is not reason to prevent the issue of a medical certificate. They require abstaining from use for Twelve hours. Panadiene Forte has 30mg of codeine, the threshold for sustained use of controlled substances, which preclude FAA medical certificate issue, is 90mg. It seems that Australia is different and stupid.
How did the commissioner decide that
his paramount consideration was air safety? If that is true, then he is merely an extension of CASA. I would have thought his paramount consideration was the application of the law, equity, natural justice and procedural fairness.
How does the Commissioner think that "an extensive and impressive flying record" entitles the victim to special consideration under the law? I was of the impression that the law applies to all equally*, skygod and ab initial student alike. Then there is the logical problem of how and why there is a connection between a purely medical matter and experience at all. Doesn't this imply one law for the (presumably) old and wise and different standard for the young and inexperienced?
Isn't this an example of the same warped thinking that saw our RAA pilot prosecuted?
On a technical note, I have had something to do with the commercialisation of anaesthetics in a former life and I seem to recall that a small dose of an opiate will be tied up to gaba receptors in the spine in cases of genuine pain pretty quickly and produce no side effects at all.
Read it and weep:
Morey-Hype and Civil Aviation Safety Authority [2017] AATA 125 (6 February 2017)
* Perhaps the good commissioner was impressed that the victim was a former RAAF pilot and therefore "one of us"? (sorry, couldn't resist)