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Truss: Aviation Safety Regulation Review

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Truss: Aviation Safety Regulation Review

Old 21st Jan 2014, 20:55
  #241 (permalink)  
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I should add that sections 20A and 29 have been the subject of a fair bit of legislative fiddling over the years.

The last amendment to 29 was in 2001 and resulted in the drafting atrocity that is the current 29(3).
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Old 21st Jan 2014, 21:24
  #242 (permalink)  
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Item last - 4. Sense and sensibility.

Last of the long posts: One of the email chains provided to DJ under FOI gives many clues, although the CASA 'legal opinion' guts are redacted. I'd just started this post when I realised (Sarcs a.k.a. Jiminy Cricket) many would not have a blind clue what I was banging on about so: to explain. As this squalid little affair has the potential to impact on any pilot unfortunate enough to be involved in an 'incident' I (figuratively) got hold of TOM (P7) at PAIN, they contacted the 'owner' of their DJ file who authorised the release of some DJ filed documents, to use as best pleased me. Now then, as many of the 'emails' are confidential and have been released under FOI I'm not sure if it would be productive or even 'legal' to post a link to them. But I will (time and patience permitting) attempt summarise the entire passage of play shortly, then add them to the ever growing Bankstown Chronicles. So:-

The original Notice of Suspension (24 December 2009) required in-flight assessments in an aircraft "sophisticated enough to permit CASA to make an effective assessment of ... skills, ability and. competence to hold an ATPL'' and that the test was to include "en route assessment for CP/PNR and .the decision to apply a diversion to an alternate, focusing on weather with a minimum fuel scenario." The amended Notice (26 February 2010) confirmed that there was no objection to the flight tests being conducted in a Westwind aircraft and that the test would be tailored to address the specific deficiencies identified following the accident flight. It Is evident from the two Notices that the in-flight assessment was to be conducted with a degree of rigour consistent with the type of operation of accident flight.

CASA has conceded that the flight assessments may be conducted In basic, training aircraft - a Cessna 182 for the CP(A)L flight test, and a Beech BE76 Duchess for the IR-C(ME)A flight test. While these aircraft will allow the CPL and CIR flight tests to be conducted against the prescribed assessment criteria, they are not sufficiently sophisticated or complex for CASA "to make an effective assessment of skills, ability and competence to hold an ATPL ". An attempt to include these assessments in the CPL or CIR fight tests could be a compromise that may limit the effectiveness of the ATPL assessment and could jeopardise the integrity of these flight tests
The paragraphs above were written by a 'management (acting) team member' FOI who, operationally speaking, could not find a cat, in a cathouse with a candle. But, nonetheless an acknowledged master of 'academic trivia'; a specialist in 'tricky' little questions. The trite wording seems at first glance innocuous enough, but think it through. Just for fun cherry pick some lines and examine them against normal, standard, promulgated industry safety regulations for qualifying and the accepted routine practices used to do so. Do not let the white noise distract you or the pure bollocks to baffle your brain. Remember DJ has re sat and passed the ATPL twice now.....

The DJ suspension was indeed kosher, most would agree righteous. OK, so after CPL test etc. could his instrument flying be legitimately re challenged – I'd say a MECIR pass, four approaches and a ditching at night, in weather, knackered, with an impending fuel crisis would test the instrument flying skills of all. The CVR would be nice, to find out if the FO was worried about this aspect; alas. So, could his flying skills be reasonably challenged then, here again, on balance you have to say no; history of failure – No; any complaints of poor flying from Fo – No; managed a night ditching which all survived – Yes. Even the toughest, most pedantic judges would say 'flight skills' adequate. So what's left – flight planning – definitely shy of the mark. So re train, re test (ATPLx2 a bit OTT, however) and make sure the company ops manual carries enough information and guidance (in Braille if needs must) so even the worst offender has enough rope to be hanged with. (AOC management 101).

But the real travesty here is that the original, double jeopardy aberration has firmly taken root and the rest is just manure, to ensure growth; one has to ask why the venom. A half way decent lawyer could knock out the foundations of this evil just on the CAO alone. A decent chief pilot would clean up this mess in about five minutes – tell them it's bollocks and piss off.

"The original Notice of Suspension (24 December 2009) required in-flight assessments" .etc.
Why. Against what?, measured how ?: MECIR nope; passed that. CPL fight test; nope passed that: CAO 40.1.5 possibly, but legal impediments loom and it's no fun when the base line is clearly stated in the orders. Better we invent one?.

"in an aircraft "sophisticated enough to permit CASA". etc.
who is to know what's going on? Veger; the lone Westwind' expert has a massive 4000 hours on type, but made a fearful hash (benefit of doubt) of the fuel planning figures (see Davis) but been no where near the bloody aircraft since circa 1996 or something. Was an independent observer requested and would it be allowed??

to make an effective assessment of ... skills, ability' and. competence to hold an ATPL'
This homemade nonsense was drafted against and to reinforce the first suspension notice. It sounds great to a layman or lawyer but what, in operational terms, does it all mean ?. He had passed the CPL/MECIR. Even if they could make double jeopardy stick, there's nary a word about a LOFT session in a sim – , not even a whisper of base check under CAR 217, not even the smallest hint that ATPL does not require a flight test. But "no industry ATO" says the DAS, just to rub the salt in; testing only by a person specifically approved by CASA. Chop ride for DJ right there?, bit like the 'expert' witnesses they drag into the AAT and they wouldn't lie, now would they?.

I did ask TOM if PAIN were doing a report on the DJ embuggerance. After a beat, "not just DJ, there are others"; TOM reckons the final report would rock 'em - if they could ever define 'them' and get the report into the hands of someone who can and will actually do something useful with it.

The above represents (IMO) some of what the WLR is not tackling as it could be construed as (a) it's Pel Air and (b) it mentions CASA; but in the final analysis, it comes back to loose regulation written with good intentions, becoming 'bad' law when it is being manipulated. Clearly defined outcome based regulation would plug most of the holes, making it difficult for the small minority who, without a seconds thought will happily perjure or impeach as pleases; breach constitutional and human rights tenets on a whim, then boast and swagger about the damage inflicted on another human being; able to hound their victims through the industry with complete impunity. Some men, just want to watch the world burn.


Last edited by Kharon; 22nd Jan 2014 at 19:59. Reason: Incorrect data - amended
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Old 22nd Jan 2014, 00:54
  #243 (permalink)  
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Of being Wodgered by Woger!!

[Quote] "The original Notice of Suspension (24 December 2009) required in-flight assessments in an aircraft "sophisticated enough to permit CASA to make an effective assessment of ... skills, ability and. competence to hold an ATPL''

I'm really surprised Woger didn't insist the assessment be conducted in the space shuttle!!
Maybe Woger surmised if he made the requirements too onerous, DJ would simply give up and go away, thus the whole sorry mess could be kept out of the spotlight, the heirachy could get back to focusing on the trough or planning an interesting diversion for the next trip to Montreal.
Damn pesky GA pilots!! especially this one who just wouldn't lay down and crawl away.
Maybe Wodger developed a hatred of pilots during his days as a RAAF baggage handler? Who knows but it seems he revels in destroying lives and livelihoods.
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Old 22nd Jan 2014, 01:33
  #244 (permalink)  
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WLR submission 666: DJ & the black ops application on r265 (WTF)??

A reprieve on the fourth: “K”, ignoring the meandering dogleg where the rest of us mere mortals had all decided to lay up, again smashed the fanny out of his ball and drove it straight at the flag.

However (somewhat ironically) his ball again smacked the flagpole but this time ricocheted on a 45 and ended up on the fifth tee. In true Ferryman style, “K” has been forced to use his Texas wedge to backtrack to the 4th..IOS sigh of relief..

The embuggerance of DJ under r265 is still firmly on the fairway and in the field of play, perhaps this provides the WLR panel the perfect reference point to assess the effectiveness of the Fort Fumble (DAS sanctioned) black ops enforcement action:
Post #234 quote - “Most of the regulatory decisions CASA makes are such that conformity with authoritative policy and established procedures will be conducive to the achievement of these outcomes. From time to time, however, decision-makers will encounter situations in which the strict application of policy, in the making of a decision involving the exercise of discretion, would not be appropriate. Indeed, in some cases, the inflexible application of policy may itself be unlawful.
Many on here were critical of DJ’s actions pre..post..ditching and especially in the Senate Inquiry, where most critics thought he was just trying to abrogate his responsibilities as the PIC. The following is his statement from the 22nd October public hearing:
Mr James : I was the captain of the jet that ditched of Norfolk Island on 18 November 2009 without the loss of life. As the pilot in command, I wish to make it clear that on that night I was not operating by myself in a vacuum. I was licenced by CASA, trained by structures that CASA created and worked for a company using procedures CASA had approved, and yet CASA found I was the problem.

My employer, Pel-Air, found me skilled enough to make me a captain and never had cause to discipline me at any time. After the accident, they did not find that I had violated any of the company procedures and they too found that I was the problem. The truth of the matter is that I was a convenient solution to the problem both organisations faced—that is, that they had failed to do their jobs properly.

Then there is the ATSB report—a report which blames me solely for the accident and apologises for everyone else involved. It fails to detail the deficiencies that existed at Pel-Air and CASA at the time of the accident but discussed in detail the improvements Pel-Air has made and CASA intends to make.

The ATSB then addresses what they believe were my deficiencies on the night but then never discusses the steps I have taken since the accident to demonstrate my competence as a pilot. Why am I judged to a different standard? Where is the ATSB's own no-blame policy in this approach? If both Pel-Air and CASA have made improvements as the report admits, then logically something was inadequate to begin with that required these improvements, so therefore why doesn't the report discuss any of these deficiencies?

Before the accident had even occurred, many of the elements that created the accident were already known. To the misfortune of all those on board, although these elements were known, nothing was done to prevent their influence or remove them altogether. Norfolk Island was known to the ATSB as a problem destination for unforecasted weather, and recommendations were put forward to improve the situation but nothing was done about it.

Pel-Air was known to CASA for particular deficiencies in its operation, but that too was not acted upon. Then, after the accident, there was more inaction, this time in the form of the ATSB not disclosing in the accident report the findings of the Pel-Air special audit, amongst other things.

Why have the problems that created this accident been ignored and overlooked? Don't the two government agencies responsible for aviation safety—the ATSB and CASA—want to preserve the safety of the travelling public? As things stand today, nothing has been improved since the accident and most of the issues that caused the accident still exist unchanged. The ATSB report needs to be withdrawn, as it is full of pointless accounts of nothing worthwhile and it serves my industry and those who travel by air no benefit whatsoever. With so much to learn from what happened and the strong desire of those involved to share their experiences, there is a far better result available if the ATSB accepts its shortcomings and rewrites this report.

Finally, I wish to say that considering all the criticisms in the report as to the quality of the job I did on the night of the accident, and given the limited time and resources I had available to me, it strikes me as astoundingly hypocritical of the ATSB to have made these criticisms when the ATSB has failed to do its job after nearly three years and with almost unlimited resources.

My thanks to the committee for allowing me the chance to speak today and share a little of my story from the last three years. I hope that what I have to say helps the committee in its role of understanding better what has happened since November 2009. Following my public discussion with the committee, I wish to go in camera to discuss some other issues related to the accident.
{Note: IMO that statement still stands the test of time and almost perfectly summarises the case as we know it}

Again knowing what we now know, would those same critics be so dismissive of DJ’s statement?? The worst part is that his original statement is yet to be adequately refuted or addressed by the “powers to be” and he is still living with the implications of an executively sanctioned black letter ops enforcement action and an apparent embuggerance of the original intent of the NOS & r265…

Quote from CAsA official (at the time): “…DAS is obviously interested in this issue”…???
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Old 22nd Jan 2014, 05:24
  #245 (permalink)  
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Not fit for the job.

I say this because I have first hand knowledge of how my own eyes gloss over and people 'loose me' when they talk of the innards of ADSB and other electrical gadgetry. It is beyond me why a pilot for another example needs to know how the constant speed propeller is made, assembled, tested and 'doctored' to its final specifications. As in PNG, the throttle is simple a gadget that 'pushemhegopullemhestop'. (not sure if I got that right but you get my drift). When you go into too much detail our 'fuzzywuzzie' mates just look for the next cargo cult party.

When saying I believe Truss is not fit for the job, I don't mean to be as offensive as it sounds, but simply he does not have the technical knowledge to get his head around some of the problems, so... he hands it over to his 'advisor' who is supposed to be knowledgeable in these things.

This is the 'Nigerian' in the woodpile I believe, and needs to prove to us all his knowledge of the 'problems' and he should expose and be transparent enough to show us his pedigree.

Truss obviously, is led by him.

But I was wrong once before.
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Old 22nd Jan 2014, 14:25
  #246 (permalink)  
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Who is Mr Truss's Aviation Advisor?
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Old 22nd Jan 2014, 20:06
  #247 (permalink)  
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An apology and Addendum.

I must apologise to Len Veger and Ppruners – no excuses; I made a typographical error copying from my working notes and misquoted the Veger the 'time on type'. The paragraph below provides an accurate account of Veger's qualifications.

I have amended the offending paragraph to reflect accurate figures.

Mea Culpa.

I am endorsed to fly a wide variety of single and multi-engine aircraft including the Westwind 1124A.l have a total of 20,000 hours of aeronautical experience, approximately 4,000 hours of which was obtained in flying operations on the Westwind W1124 series I and 2. This included operations as a check pilot and pilot trainer, responsible for training of pilots on the Wll24, and flight crew competency assessment of qualified pilots as required under the terms of r. 217 of the Civil Aviation Regulations 1988 (CAR).

Last edited by Kharon; 22nd Jan 2014 at 20:22. Reason: Self editing, like self made men, is a good example of poor workmanship.
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Old 22nd Jan 2014, 23:28
  #248 (permalink)  
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Devil Trouble on the 5th so..maybe an AMROBA interlude…??

Oops K at post #299…..“Errare humanum est, ignoscere divinum.”

“K” in the water off the fifth: In true Ferryman fashion “K” decided to ignore the water on the 5th and drive straight for the flag. It was a low trajectory shot that strangely resembled the Westwind skipping across the ocean at Norfolk, unfortunately the “K” ball fell a 100m short.

As luck would have it the “K” ball was equipped with a GPS tracking device and a curious spectator took some video footage { Note: Unfortunately the vid footage appears to have been already shopped and spliced into a scene from ‘Happy Gilmore’. Ps.Although the IOS panel believe the footage at 1:18 is close to the true record of what happened}.


So while we wait for the next satellite pass and our resident IOS video expert to unravel the shopped vid, while also redacting certain expletives, we will take a short interlude...

Perhaps now would be a good time to see what other members of the IOS are up to in regards to the miniscule’s WLR. Hmm…it would appear that Ken & the AMROBA crew haven’t given up the ghost on the TASRR, coupla quotes from the latest newsletter Volume 11 Issue 1 (0114):
This will be one of the biggest years for the aviation industry in Australia. A new government has rightfully implemented a review of the current situation and, like the education system that has seen Australia slide down the international scale, aviation has had so much red tape added that there is a decline in new pilots being attracted to the industry.


The Minister’s aviation review is the best and probably the only chance to turn this fundamental problem around so aviation can safely survive and grow.

There was once a ‘question’ used when drafting requirements, i.e. “what would be added to safety of any proposed new regulatory provision?”

The Minister’s review must recognise that the current legislative system is so out of sync that our aviation system is suffering.
And with this motto.. “Motto: Safety All Around”..I think I can see where the AMROBA submission is heading….

Ah well we will soon be cutting back to the 5th and further IOS discussions on FF embuggerance of the DJ, plus a flashback moment to..“who is responsible??”

Last edited by Sarcs; 22nd Jan 2014 at 23:43.
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Old 23rd Jan 2014, 00:18
  #249 (permalink)  
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Dangly Bits. I'm recently, (last 12 hours), told that he doesn't have one. Given his demonstrated lack of knowledge and readiness to accept anything is drastically wrong with the system sans a bit of a 'tune up' this is a reasonable assumption.

Mr dak and Mr forthwyth were mentioned as appearing to hold his attention. Perhaps they are the 'Nigerians in the woodpile'? God help us all if they are.
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Old 23rd Jan 2014, 15:01
  #250 (permalink)  
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Cool Truss' aviation adviser

Mr Truss' aviation adviser is Ms Peta Credlin, assisted by John McCormick. There is no identifiable need for additional advice
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Old 23rd Jan 2014, 16:18
  #251 (permalink)  
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Cabinet has correctly calculated that nobody in Australia apart from pilots gives a **** about aviation.

.......at least until the smoking holes start appearing regularly.
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Old 23rd Jan 2014, 22:30
  #252 (permalink)  
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Taking a Mulligan.

Rather than incur the wrath of Tidy Bin by drifting ever closer to the ragged edge of the 'stay on topic', no poems, no chanties and definitely no laughs lecture; thought I'd shuffle further discussion of the Pel Air story across to the Senate thread. It really belongs there and anyway; the WLR is not expected to sort out CWA knitting pattern arguments, let alone this mess. The treatment of pilots in the secret world of the aftermath needs to be brought, clearly and succinctly to the miniscules attention. Not that we'd expect anything done of course; but when the Wet Lettuce Review is over and if we get another wretched thing like the 'Albo white elephant paper' delivered; there will lots and lots for the Senate to play with. Rumour has it that Forsyth and Fawcett chat, which means Xenophon in the loop, so no need to abandon all hope just yet.

The WLB (both of them) come from foreign climes, from a different mind set, from a different rule set and an entirely un-Australian attitude toward the 'pilot-in-command'. I doubt they would credit what was done and still happening to DJ after he'd passed through a normal rehabilitation program. But then I just can't see either Canadian or European pilots being treated in this manner or putting up with it. No matter, there are other dark, but not so dangerous corners into which the WLB may shine their guiding light. The advisors will undoubtedly show the way.
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Old 24th Jan 2014, 04:23
  #253 (permalink)  
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Mea culpa

K, if LV is so experienced, why did he screw the flight planning figures (see Davies submission) I wonder?? Perhaps Wodger should require him to re-sit all his ATPL theory and conduct a flight test by and industry nominated ATO!
What goes around....!
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Old 24th Jan 2014, 08:13
  #254 (permalink)  
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A new high in safety advice...!! WTF !!

WE / the IOS / GA industry can now all sleep well at night knowing that Ms Peta Credlin, the unknown ...is to be "assisted" by the unmentionable. FCS!

One seriously aviation knowlegable "safety adviser" she must be to need that kind of back up. Independent???...yeah, right!

Good one, "Minister"...this is CAsA CYA 101 PhD quality blanket move.

Looking forward to the White (dunny) Paper to tell us what a wonderful aviation environment we "live" in.

You cant be an eagle if you're trussed like a turkey
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Old 24th Jan 2014, 12:08
  #255 (permalink)  
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Sarcs, post #1692 on the senate inquiry thread, well done sir
It also applies to this thread, nice bit of work. Amazing how the same names pop up consistently whenever there is CASA shenanigans going on? Sarcs, are you using that robust program Sky Sentinel to put your data together?
There are so many clues in many of Fort Fumbles writing styles. It isn't too difficult to tell when you have been targeted by the GWM, or when Flyingfiend has been doing his thing, or when you are being wogered by Woger or when you are under the spell off a Voodooist.
The treatment of Dominic James is palpable. The method in which there was an attempt to slow bake him, the audacity of the Regulator in its modus operandi is deplorable and absolutely questionable, and the freeness, ease and dexterity of the Regulators disregard for ethics and systematic abuse and 'embuggerance' of the system is breathtaking at times.
The CASA house of cards has collapsed, the Frankenstein (as Creampuff correctly puts it) has morphed into something similar to "The Thing". It is a rabid dog that needs to be put down immediately. I have seen this all before in another country, and the end game isn't pretty. Hard decisions with dramatic results need to be made forthwith before the inevitable occurs.

Finally, can anybody confirm that Crudlin is in fact Mr Truss's aviation adviser per se? I know she is chief of staff for the big eared speedo wearers inner sanctum of oinkers, which includes Truss. I thought MrDak was Truss's information and technical adviser on all things aviation, with Crudlin being more the policy and spin writer? Perhaps not, I have lost track and the trail of political shit leads from one corner of Canberra to another.

On a final note, the current malaise and spotlight rests with the Regulator, and rightly so, but don't forget that the ATSB and ASA still aren't out of the woods. ASA has a lot to answer for, particularly from the Russell era with which many effects are still being felt today. And there is the ridiculous way that the ATSB has virtually prostituted itself to CASA, not to mention its complete loss of direction, standards, capability, reputation, and independence. Once again a feeble, inept attempt at creating perfection has resulted in an ATSB Frankenstein of monumental proportions.

Forget tick Tock, VOTE 1 IOS
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Old 25th Jan 2014, 02:51
  #256 (permalink)  
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Around the traps….??

Well less than a week out from WLR submission due date, perhaps now would be a good time for an IOS review of industry planned involvement, possible content of individual/organisational submissions & whether or not submitters are basically singing from the same hymn sheet...

At the same time maybe we can inspire the fence sitters to take the plunge and grab the keyboard, even if it is a regurgitation of a submission they may feel akin to, with a proviso of… “I agree wholeheartedly and unconditionally with what this mob are suggesting”….

However before we kick off we need to mention the now familiar elephant in the room..

And much like Albo before him, the miniscule fails to address the EITR in his WLR ToRs...

A true bona fide IOS member Maxtreight.. (however) ‘nails ’ the EITR in a comment tacked on the end of an Australian Flying article…Safety Review Open for Submissions

…“CASA needs to be completely removed from the General Aviation (GA) picture. It has shown total ineptitude with its involvement with GA, most recently with the aborted implementation of the brilliant new Part 61 licensing regulations. The structure of CASA may well be suited to the oversight of RPT operations, but as far as its involvement with GA is concerned CASA has been too far removed for far too long. CASA take a persecutorial approach to even the most minor of regulatory infractions by GA pilots and those who are on the CASA blacklist best just give up the game early or face the litigation-fest that is the CASA legal department….”

Refer to the link above for more of Max’s insightful comment…

{Note: Maxtreight your outstanding IOS membership fees for ’14 have been waived in lieu of this contribution}

Ok on to the IOS review…

Many of the various alphabet soup aviation organisations have expressed an interest in getting involved in the WLR, how many of those will actually make submissions is anyone’s guess..?? However a troll of g.o.o.g.l.e and organisational websites seem to suggest that there will be a healthy contribution from a large number of industry stakeholders:

FedSec Steve’s crew ALAEA - Aviation Safety Regulation Review — Submissions from members

“..Now Open ALAEA members are invited to provide to the ALAEA any views, experiences or evidence that the ALAEA may use in preparing a submission to the Federal Govt on Aviation Safety. Our submission has to be completed and submitted to the Minister Dept by 31st January 2014. See media release below…”

The AAA (airport’s mob) - The AAA looks forward to contributing to the review process on behalf of Australia’s airport operators.

The SAAA – President’s Chat newsletter December 2013

“..We have a relatively short space of time to put together a written submission to the panel, I would therefore ask you to have a read of the terms of reference and then put your thoughts into an e-mail and either submit it yourself directly to the Panel, or preferentially to [email protected] so that we can present a united voice to the Panel & therefore the Minister…”

AMROBA - As quoted in my earlier post # 300, AMROBA well and truly indicate where their submission is going in their latest Newsletter

“… Adoption of the Kiwi aviation Act & Regulations in toto would put us in a better position to obtain these important agreements…”

{Comment: The interesting thing with AMROBA & AAA is that both organisations are also part of… ‘THE AUSTRALIAN AVIATION ASSOCIATIONS’ FORUM’…so presumably their personal submissions will strongly reflect the TAAAF Aviation Policy. Hmm…wonder if the TAAAF will also be making a combined submission??}

While on the TAAAF and the letter ‘A’, it is interesting that AOPAA chose not to sign up to this ‘alliance’ for the reasons stated in this Australian Flying article: AOPA Responds to TAAAF Issue

So to AOPAA…this is one submitter that has made a draft submission publicly available and therefore open to IOS scrutiny… - Submission to regulator review panel, from Aircraft Owners and Pilots Association of Australia, (AOPA).{Hmm..is this a conflict of interest submission perhaps??}

Well there is a small cross-section example to mull over on the Australia Day long weekend…more to follow K2 (Sarcs)…

Last edited by Sarcs; 25th Jan 2014 at 03:57. Reason: The AOPAA submission link works for me Frank..??
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Old 25th Jan 2014, 03:44
  #257 (permalink)  
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Well, the AOPAA individual submission goes to a 'page not found' page and the president appears to have memory loss WRT membership numbers and exactly who he represents today, (not 60 years ago). This organizational miasma purporting to represent me also have a senior member as an 'expert' advisor to the 'review' do they not? I doubt Truss knows what a TAAF is, let alone SBAS/GBAS/WAAS or wassamattermate?

Last edited by Frank Arouet; 25th Jan 2014 at 03:45. Reason: Pass me the 'wireless' Sarcs.
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Old 26th Jan 2014, 01:23
  #258 (permalink)  
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Red face Passing strange Frank…??

Well, the AOPAA individual submission goes to a 'page not found' page and the president appears to have memory loss WRT membership numbers and exactly who he represents today, (not 60 years ago).
It would appear the AOPAA link is now defunct….

Perhaps it was…

…the COI query that did it..??

…an extreme overload of the url link due to the many thousands of IOS members interest in what ‘the voice of GA’ had to say??

…sudden realisations that maybe the proposed submission may breach the unwritten, politically correct MOU with FF??

…an IT glitch and it was never intended for the submission to be available for general (IOS) consumption??

Shame really.....it could have been a good promo for future membership.

The draft submission may have only been five pages and somewhat diluted for impact (i.e. as per the UMOU), but the general premise of the submission was on the whole pretty good...

Dilemma: How are the IOS to do a proper, comprehensive & transparent....review, of committed industry stakeholders to the WLR, without documented evidence such as the AOPAA draft submission??

Well it just so happens that I downloaded a hardcopy of the AOPAA draft submission, so maybe some cherry picked paragraphs (again unverified for veracity..) could be of interest to the IOS review panel…
{Note: Please bear in mind that this is ‘draft’ only and 3rd hand, therefore not to be relied on for veracity & true final AOPAA opinion i.e. hearsay only}

Skipping the standard couple of pages with the usual preamble, organisation priorities..etc..etc; and the problems that AOPAA believe face GA, now and into the future; we finally get to the ‘meat & veg’ section (pages 3-5):
Specifically, the aspects of the regulator that we believe requires change are as follows.

1. Industry consultation. Although communication (and subsequent goodwill) between GA and CASA has improved in recent years, it is a fact that new regulations or changes in regulations are frequently presented to GA as an ultimatum.
A consultative approach is required with those contending with and introducing innovations and technical improvements in all aspects of aviation. This calls for legislative reform.
It is apparent that the CASA legal department, whilst efficient and capable in itself, has an influence which leads to preoccupation with legalistic arguments. Legalism is an arid process. Aviation is an industry of practical and constantly changing technology. Legalism should give way to practicality in the development of aviation.

2. CASA enforcement. The industry is rife with stories of individuals who have been “persecuted” by CASA. Sometimes these cases do sound like individual disagreement “payback” fights, and sometimes problems occur through an area FO making his own interpretation of rules in contrast to everyone else. Sometimes these arguments go on for years at high cost to all concerned. Justice should be seen to be done and the processes
altered to enable that to occur.

3. Aviation should be encouraged by CASA as part of its formal charter. Having its charter limited to ‘Aviation Safety’ encourages negativism, which is widely seen in practice. There is no settled standard for ‘air safety’. This leaves CASA with a poorly identified obligation, and
no obligation to act for the benefit of Australian aviation.

4. Australian LAME training standards are lower than those of NZ. Our training schools don’t align curriculums to industry requirements, and those curriculums vary from state to state.
We should support an Australasian / Pacific approach to maintenance. CASA will base future AMR licences on academic achievement, with insufficient emphasis on experience.

5. Inconsistent CASA policies: CASA must be required to act coherently across all of its officers and offices.

6. To the outside observer, sometimes CASA appears to consist of 4 organizations in one, and each part appears to believe it runs the organization in the style of the Satraps. Those 4 parts are upper management, middle management, the field officers, and the legal dept.
This may be an unfair criticism, but again to the outside observer, CASA often appears to fail to adhere to government directives, or to enforce its own regulations. Different interpretation of regulations by middle management, field officers, and by the legal dept can cause the hapless aviator considerable difficulties.
The 4 parts of CASA make consultation with industry very difficult. Many is the time that various GA organizations have thought to have come to an agreement with CASA, only to find that an agreement has been ignored or reversed by another of CASA’s “parts”. A formalized consultative procedure that overcomes this problem would be very desirable.

7. Constant regulatory changes breed confusion, mistrust and doubt. A safety case should be presented and debated prior to any alteration to the Act, Regulations and other dictums.
CASA’s regulatory changes frequently have no perceptible safety outcome, or certainly none relevant to GA.

8. Pilot licencing: This extensive topic will no doubt be dealt with by others. We limit our comment to suggest that proper accord should be given to foreign training qualifications.
We have seen highly qualified and experienced pilots required to sit for exams in Australia, even when their overseas training was from facilities recognized as the best in the world.
This can be inconvenient and costly for Australian pilots, and can make it impossible for overseas pilots who wish to fly and/or holiday in Australia.

9. Medicals. This is probably the single biggest continuous issue that causes acrimony between GA pilots and CASA. Problems with Avmed include delays in dealing with medical assessments, demanding specialist reports that many would consider unnecessary, and frequent rejection of those specialist reports Avmed has demanded. Demands have become ever more complex and expensive; opinions of DAMEs are often ignored, and opinions of appropriate specialists are often ignored. Avmed has unique medical opinions which sometimes do not agree with overseas experience eg; FAA. Communication between CASA, AVMED and pilots has often been poor. It can be argued that CASA should rely more on its own DAMEs for issue of class 2 medicals, and where specialist opinion is required, CASA should at least listen to specialist opinion.

10. Passenger Insurance: AOPA calls for an industry wide insurance scheme in the manner of the Civil Aviation (Carriers’ Liability) Act (Cth) to be made applicable and exclusively so for all passengers in all Australian aircraft, whether paying passengers, students or otherwise.

11. EASA rules. The GA industry appears to be universally against this implementation. These rules are designed for and suit airline aircraft, not private GA. They are too complex for a typical small GA maintenance organization, and thus add more expense. Most GA aircraft are FAA type-certified. It is perverse and inappropriate to adopt European Rules.

Other Pacific nations, including NZ (which has a thriving GA scene), use FAA regulations. In fact we would do well to align ourselves with NZ, in regulation of individuals (not organizations), training and qualifications, and with inspection authorizations.
{Note: The above would appear to be part of an exec summary, as there were numerous references at the end of each numbered paragraph. Presumably there is intended to be a factual addendum that addresses the individual points more comprehensively}

And finally the money shot.. (i.e. Conclusion):
D. Conclusion.

Without a radical revision, it seems that GA will follow so many other
Australian industries into oblivion, taking jobs, opportunities, and skills with it. The prospective GA pilot faces problems with access to airfields, high costs, and a far from appealing ageing aircraft fleet. The aircraft owner faces a frequently hostile airport owner, shortage of licenced maintenance engineers, rising maintenance costs, increased paperwork, and such uncertainty with both CASA and airport owners that it
is difficult to obtain finance to purchase new aircraft.
Addressing the problems with CASA would go a long way towards easing this situation, as has been demonstrated by NZ’s adoption of the FAA GA model about 17 years ago. It is fact that since then, NZ’s GA has outstripped Australia’s.
We have heard it said that where it takes a wheelbarrow to carry a copy of all regs pertaining to GA, New Zealand’s can be carried in one hand. This may be an exaggeration, but it is not an exaggeration to say that adoption of the NZ regulatory system for GA would improve the prospects of GA’s survival.
Hmm…so that'd be another tick for adopting the NZ regs....Ok over to you IOS review panel….

Last edited by Sarcs; 26th Jan 2014 at 01:36.
Sarcs is offline  
Old 26th Jan 2014, 02:37
  #259 (permalink)  
Join Date: Feb 2009
Location: dans un cercle dont le centre est eveywhere et circumfernce n'est nulle part
Posts: 2,606
Truss puts aviation head of concerns.....etc.

In the Truss website link below he invites input on various topics. Given he is the Minister for Transport, one would think this would be high on his list of invitations for comment. What hope have we got with this bloke?

Warren Truss MP (Federal Member for Wide Bay and Leader of The Nationals)
Frank Arouet is offline  
Old 27th Jan 2014, 00:08
  #260 (permalink)  
Join Date: Jul 2010
Location: sydney
Posts: 1,387
Absolutely None Frank, he's a seat warmer. His lifetime pension assures him a very comfortable lifestyle, he's hardly likely to rock the boat now.
thorn bird is offline  

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