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Truss: Aviation Safety Regulation Review

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Truss: Aviation Safety Regulation Review

Old 9th Sep 2014, 01:13
  #1121 (permalink)  
 
Join Date: Aug 2004
Location: Melbourne, Australia
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It is now abundantly clear that the Civil Aviation Safety Authority exists only to keep its employees, the Public Service and the Government of the day "Safe" from any responsibility for aviation activity in any form. If Aviation could be totally banned in Australia, then it would be, that is their mentality.

Since total banning of aviation to minimise Government liability would make Australia the laughing stock of the world, their approach is to minimise the posiblity of any risk to themselves by disclaiming all resposibility as far as possible. This is why CASA never "approves" anything, it merely "accepts" things. An approval implies a certain level of fitness for purpose and if something then fails that then either the either the operator failed to comply with the terms of the approval or Horror! The approval was wrongly provided.

Instead to protect itself and the Government, CASA settled on the tactic of:

(a) Forbidding all forms of aviation activities - which is why the legislation and regulations are written in the form "A pilot/operator shall not" banning everything. This is followed by a maze of modifying clauses producing specific exemptions from the blanket ban in certain cases.

When this negative, expensive and wholly unproductive approach produces a nonsensity, they respond by issuing a specific exemption, but of course never a blanket exemption but a time limited specific one to certain individuals at the whim of CASA. This is a recipe for corruption.

By way of example, Rex wlll no doubt be issued a specific exemption for Coober Pedy today, limited of course to the remainder of the Governments term in office.

(b) Armed with a negative structure of regulations CASA deliberately engages in selective enforcement by again refusing to state absolutely what is required to comply, but instead suggesting "acceptable (that word again) methods of compliance". This leaves the authority of its inspectors completely unfettered because what is acceptable to one isn't acceptable to another, depending on the weather, their alcohol intake and time of the month.

This state of affairs was highlighted by a friend who asked for a simple list of compliance points for a Cessna 172 and was told "its too hard" by a CASA inspector.

I could go on. CASA needs a clause in the Act that requires it to foster aviation, period. Without that it will continue to fulfil its legislative purpose by preventing aviation.
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Old 9th Sep 2014, 01:29
  #1122 (permalink)  
 
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Clive Palmer versus Truss and CASA, Regulatory Reform

Folks,
Best bit of news I have heard for a while, Clive Palmer is showing some interest (seeing the political possibilities??) in the shambles that surround CASA.

"Aviation safety" is a very emotive issue, and we all know that our performance is not as good as the "rose coloured glasses" official view.

Given the unfinished business of multiple critical reports going nowhere, all about aviation safety shortcomings, and CASA/ATSB, this is a potentially highly charges politically for somebody like Palmer, if they are smart enough to push it!

In short, headline stuff, the lifeblood of political life for PUP.

Palmer is just the person to put a bomb under Warren Truss, and get some real action (as opposed to a bureaucratic whitewash) on the Forsyth report.

And all the other problems besetting the aviation sector, driving the sector into the ground.

Nothing but political pressure will shift the Minister into action, Palmer is just the person to create that pressure on Truss.

After all, Palmer has a number of aircraft, he could not not be aware, and I can personally vouch for the fact that, prior his election, he had shown personal interest in some specific aviation problems in Queensland.

More to the point, some of our industry colleagues, who are not politically dead from the neck up, realise he is one of the few avenues to get some action.

Make this small start move, by writing, calling or talking to Palmer's staff.

Tootle pip!!
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Old 9th Sep 2014, 01:53
  #1123 (permalink)  
 
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Spot on Sunny - "Safe Skies are Empty Skies"

Sunfish - By way of example, Rex wlll no doubt be issued a specific exemption for Coober Pedy today, limited of course to the remainder of the Governments term in office.
Except it was issued four days ago, from Cooper Pedy Regional Times...

RAMSEY PLEASED: CASA ALTERS LANGUAGE ON COOBER PEDY AIR SERVICES

Federal Member for Grey Rowan Ramsey said he is pleased CASA seems to be giving the green light to REX continuing services into Coober Pedy until the strip can be widened.

After ruling the Coober Pedy airstrip must widen its runway from 18 to 30 metres to meet aviation regulations on Friday the 29th August, CASA informed REX that beyond Nov 13th Rex could not land at the airstrip in cross winds of 10 knots or more, effectively bringing the service to a halt from November 13.

“I have now been advised CASA has committed to allow the service to continue irrespective of the proposed legislative changes beyond the November 13 deadline previously set, even though there appears to be a small ambiguity in their language that REX is seeking clarification of before committing to an ongoing service.” he said.

“It now seems clear CASA is insisting on the strip being widened. If CASA had been clearer in their intent and language through the last nine months it is highly likely we may have had the problem fixed by now.

“However up until their communication in late August I had always believed they would allow for the continuation of service on a strip that has been perfectly adequate for the last 27 years.

“CASA is an independent body beyond the control of government, and I thank the Assistant Minister for Infrastructure Jamie Briggs, for his efforts over the last few weeks to bring urgent attention to this problem.

“I am hoping that in the very near future REX will confirm with CASA that they are clear to continue the service and I will be pressuring Warren Truss for a substantial contribution from the Commonwealth to help the Coober Pedy Council with the upgrade.

“This vital service simply must continue and is hugely important for the town of Coober Pedy.”

CAsA rule 101 - "Divide & conquer"...

Hmm...I wonder how many other electorates are facing a downgrade of their air services due to the sheer bloody mindedness of CAsA..

MTF...
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Old 9th Sep 2014, 02:16
  #1124 (permalink)  
 
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General Contacts. Clive Palmer.


Postal: GPO Box 3138 Brisbane QLD 4001
Landline Phone Number: (07) 3233 0888(07) 3233 0888
Fax Number: (07) 3036 6666
Street Address: 380 Queen Street Brisbane QLD 4000
General Email: [email protected]
Membership Email: [email protected]
Twitter: @PalmerUtdParty
Facebook: https://www.facebook.com/PalmerUnitedParty1



Dear Mr Pamer.


As an aircraft operator I'm assuming you are aware of the shambles inflicted our aviation industry in Australia by The Civil Aviation Safety Authority under the stewardship of The Minister for Aviation Warren Truss. Can you please seek to get some answers to a few simple questions that we, as an industry are unable to access due to the political protection granted to this out of control bureaucratic regulatory train wreck.


1) When can we expect a Ministerial response to the Senate RRA&T inquiries into CASA?


2) When can we expect Ministerial action on the Ministers own CASA review, (ASRR), and its recommendations?


3) When will the Minister release the ICAO audit into CASA that appears to be lost on his desk somewhere?


4) When will somebody advise the fare paying airline travelling public that their very lives are at risk because of a dysfunctional and erratic watchdog who is mainly engaged in regulating to cover up their own shortcomings?


5) When will the new Director of Aviation Safety be announced?


Yours most sincerely...
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Old 9th Sep 2014, 03:45
  #1125 (permalink)  
 
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Surely we as an industry have not become that desperate that we need to resort to using this guy?
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Old 9th Sep 2014, 04:07
  #1126 (permalink)  
 
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Hey Clive seems to be running the country. The Libs need him & really the Libs would probably give him anything he wanted to do with CASA, to get something else they want to get thru the senate.


Having a few jets, he must have some idea of mess that is CASA, although think they are registered in Caymans, so he probably doesn't need to deal with CASA ever.
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Old 9th Sep 2014, 04:14
  #1127 (permalink)  
 
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Snakecharma,
Desperate measures for desperate times, I hope you really understand just what trouble the whole sector is suffering.

Any better ideas to shift Truss into action, rather than just accept the "advice" of "the department", which got us into this trouble in the first place.

As I hear it, the confidential submissions from the major airliners to the Forsyth report are just as explosive as many of the GA submissions.

This morning, I have also heard that the Ag. guys are talking to the independents and PUP, to get some action from Truss. They won't get it from CASA or Infrastructure, who are very miffed at the AAAA telling it like it is.

Tootle pip!!

PS: Why have we now got this Minister supporting Labor policies actions that are 180 degrees different to when Truss was the Minister in the Howard government, and completely contrary to his own aviation policy. This is "capture" by the bureaucrats that even Sir Humphrey Appleby would applaud.

PS: I gather that one of Clive's aircraft has been thoroughly done over by CASA, and he is not happy --- anybody with any further information.
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Old 9th Sep 2014, 04:58
  #1128 (permalink)  
 
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Originally Posted by Kharon
Dear Mr Pamer.
Not a good look...

I can see it now...Clive Palmer President, Dick Smith Prime Minister...then swap after 4 years, then swap again...
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Old 9th Sep 2014, 05:05
  #1129 (permalink)  
 
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Cookies must be enabled. | The Australian
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Old 9th Sep 2014, 05:12
  #1130 (permalink)  
 
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His GLEX is registered in Isle of Man.
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Old 9th Sep 2014, 05:12
  #1131 (permalink)  
 
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Problem is the corpulent one has a short attention span and no interest in anything which doesn't either benefit him directly, or provide some political leverage. Whilst I understand the attraction of using him to put a bomb under Truss n co, he is just as likely to go charging off, following his own agenda and could easily do as much harm as good.
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Old 9th Sep 2014, 05:31
  #1132 (permalink)  
 
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Clive will crucify CASA. CASA had better be very very careful Clive is very powerful, as long as controls the senate & Libs want to get things thru senate.
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Old 9th Sep 2014, 05:35
  #1133 (permalink)  
 
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His GLEX is registered in Isle of Man.
That would be the one with the giant Australian flag painted on the tail.
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Old 9th Sep 2014, 06:26
  #1134 (permalink)  
 
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Go for the jugular - it's the only way.

From memory Clive has a CP in Australia, or at least used to. That CP would be more than familiar with the Australian aviation environment including the antics of CASA.
As for those bagging out Clive, well the big man couldn't do much worse than the other obsfucating deceptive politicians who have raped our industry bare. I say good on him Good on Clive if he has an agenda, so what, nobody else has an agenda? Please, spare the 'nobody is in it for themselves speech'. If anybody thinks Clive has no pull, then I suggest you re-visit some of the parliamentary events of the past month. Clive May shoot from the hip, let his mouth fly and put his big foot in it on occasion, but the only difference between that way of doing business and the current government is that they are simply covert and underhanded behind closed doors whereas Clive is upfront and outspoken.

The only way we will see change is if a massive load of pain is dumped on Truss's desk, the PM's desk and into the spotlight. I agree with the move to give support to Clive and any other minor party or independent that wants to gain leverage from the aviation debacle we are sick of. Bring it on! Focusing on CASA is a waste of time and only dents their armour. Time to take aim at the head and take out the Minister and PM. Hitting them in the sweet spot will hurt them, and it will force change if the damage is great enough. CASA does what it does because the Government allows it too. So it is time to target the high end of the Government and stop going after minor players like the CASA DAS or ridiculous Board.

I hope Clive has some fun planned! I would like to see the litigious big man take on CASA's LSD for a bit of entertainment Either way if Clive is smart he will know there is the potential for up to 100 000 aviation votes if he were to take the wrecking ball to CASA! Plus he would receive a lifetime IOS membership (redeemable for minerals only)

Go Clive!!
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Old 9th Sep 2014, 07:41
  #1135 (permalink)  
 
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Isle Of Man, Caymans who cares. I think hisold MD80's were registered in Caymans.


How can CASA interfere with a "foreign" aircraft that's not used for commercial purposes ?


Would love to see Clive kick a few public servant heads (in) !!!!


Sack em all Clive & we can run by NZ CAA rules, just as any NZL registered aircraft can domestically in OZ, without CASAs intrusion.
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Old 10th Sep 2014, 00:01
  #1136 (permalink)  
 
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Perhaps we need an 'Aviation enthusiasts political party" (AEPP) and do some deals to support independents, particularly in Senate contests.
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Old 10th Sep 2014, 10:49
  #1137 (permalink)  
 
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Cheap shot Sunny!!..Are you deliberately trying to put the fear of god into those poor misunderstood members of the CAsA iron ring?

Bloody good idea but!!
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Old 10th Sep 2014, 11:52
  #1138 (permalink)  
 
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Nice summary PP!

A stunned silence – opinion

Aviation Industry “disappointment” is quickly morphing into outrage over what many stakeholders now see as the government’s lethargic reaction to the “Forsyth Review” which has clearly ex-posed a need for major organisational changes to various aspects of the way the regulator goes about its business.

They are alarmed at the lack of any visible response from Deputy PM and Infrastructure Minister Warren Truss who although he has acknowledged the Air Safety Regulation Review’s (ASRR) recommendations, does not appear to have set out an urgent plan of action for their adoption. There also hasn’t been any visible response from CASA or Mr Truss’s Department. The Australian Aviation Associations Forum, representing several major and diverse industry groups, has been seeking a meeting with the Minister for several days but without success.

The situation has created a perceived void of policy that is now affecting the futures of individuals, manufacturers, AOC holders and MRO (maintenance, repair and overhaul) certificate holders alike.

Many believe that the Minister now finds himself isolated in a very awkward situation, with the report he commissioned having been entirely at variance from what he may have anticipated. But they remain adamant that “The ASRR’s report must not be allowed to die.”

The more pivotal of the review’s findings made it quite clear that industry distrust has trashed CASA’s ability in its present form to deliver on its obligations, and that the government and the regulator must now introduce new, positive and safety-effective processes; while also restructuring regulations that have become ineffective, and in some cases close to unintelligible. At the same time the regulator (if the ASRR recommendations are to be adopted) must design and implement a new, binding and auditable strategy to restore industry trust and cooperation. It would be naive to expect that could be achieved without facing down the stolid resistance of entrenched opponents to reform at almost all levels within CASA, many of whose talents may need to be diverted into more appropriate fields of endeavour. The quality of their replacements will rely heavily on improved selection, training and direction, which will be a further ongoing challenge to any new management.

Some stakeholders believe that individuals working within the regulatory reform program (RRP) have simply been appointed without adequate training, backgrounding and direction, and that re-training could be part of the RRP solution when those deficiencies have been addressed.

Several have also expressed surprise that the role of CASA’s legal department in regulatory development and in adversarial regulatory conduct appears to have escaped the scrutiny of the ASRR and other analyses.

Reporting on the newly-presented report on June 3, ProAviation commented that:

The remaining challenge for the Minister will be to protect the ASRR recommendations from the watering-down that was inflicted on the Pel-Air/ATSB/CASA investigation.”

“Watering-down” now appears to describe exactly what is happening. Asked in mid-June when the government’s response would be presented, the Ministers office told ProAviation, “The government expects to finalise its response to the report in the spring 2014 sittings of Parliament.”

Unfortunately that timeframe means “some time in the period between August 26 and December 4,” the latter being the date that marks the commencement of a lengthy period of parliamentary and public service disengagement. This is a popular time of year to make such announcements because they are unlikely to see effective public scrutiny until mid-February at the earliest.

The Minister’s more recent update of the government’s intended response was “before the end of the year” which, we are told is political language for “in the period between December 25 and January 1.”

Industry Concerns are further heightened by the vacuum of information and the confusion surrounding the selection and appointment of new Board members (although everybody knows who they are) and of CASA’s new CEO. Some sources believe the CEO selection has narrowed down to two applicants, at least one of them from overseas and neither from an aviation background.

It is impossible to visualise how an incoming CEO from overseas, entrusted with the task of sorting out an organisation that is already shown to be dysfunctional, can be expected to determine with certainty who is competently addressing the problem and who is part of it.

Minister Truss’s June 3 statement to Parliament which repeated the word “safety” 16 times in CASA’s well-known style, did absolutely nothing to reflect the urgency that industry believes must now attach to implementing the ASRR’s 37 recommendations. In the understatement of the year the Minister only acknowledged that the report “also recognises that there are opportunities for the system to be improved to ensure Australia remains a global aviation leader.”

The opportunities have already been accurately identified in the ASRR’s recommendations, which are accompanied by ample analysis to identify viable solutions.

The urgency of improving the system was further highlighted by the regulatory ructions over the highly controversial flight crew licensing legislation known as the “Part 61 suite.” Having already deferred its implementation on December 12, 2013, CASA dumped the revised version on the industry’s doorstep the day after former CASA CEO John McCormick’s departure, along with a truckload of amendments and a maze of explanatory material explaining what the confusing amendments were claimed to have achieved.

“Does this tell you something about the standards within the original legislation and the competency of those who produced it?” queries a retired CASA executive.

ProAviation suggests that the elements in government aviation-related agencies targeted by the incisive analysis, comments and recommendations of the ASRR, will have been far from idle since the release of the review. Industry cynics believe they will be planning rear guard strategies in the intervening time, producing reams of vigorous ‘safety’ based objections to the analysis and its recommendations.
A well-known (but unidentified) Internet commentator encapsulates industry concerns:

“We are watching a classic case of a bureaucratic fighting retreat. The Iron Ring will write a volume on why each of the recommendations is flawed and unsafe. They will simply wear Truss and the new DAS down with paper. That is why you need someone from PMC [Prime Minister & Cabinet office] to head this mess – they understand about file stuffing and other tricks. Truss and his staff do not. A PMC person needs to send the Iron Ring packing on day one. If that isn’t done, the embuggerance will continue unabated.)

(The ‘Iron Ring’ is one of several popular industry epithets covering the cadre of mostly faceless anti-reform activists that help populate the regulator’s mid-level and higher ranks.)

Added to industry concerns over the ASRR response are similar issues related to the ATSB’s and CASA’s responses to the Rural and Regional Affairs and Transport References Committee inquiry into aviation accident investigations, tabled in May 2013. Senator David Fawcett’s speech on the AAI Report in June 2013 and the dialogue between Senator Nick Xenophon and Mr Bryan Aherne, an independent air safety and investigation specialist, will reassure readers that at least some parliamentarians are maintaining their strong awareness on these critical matters.

The aviation community is happier for knowing those two senators will be keeping an eye on the ball, especially when everybody settles down to study the impacts of what a phone caller has just described the new Part 61 as “The greatest debacle in regulatory implementation in my last 30 years of dealing with aviation regulation.”

More soon.

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Old 10th Sep 2014, 14:16
  #1139 (permalink)  
 
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I really wonder why Minister "Wuss" is being so tardy in releasing the Canadian report. Is there something rather damning contained in that report? or something more sinister?
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Old 10th Sep 2014, 18:50
  #1140 (permalink)  
 
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sarcs
It is impossible to visualise how an incoming CEO from overseas, entrusted with the task of sorting out an organisation that is already shown to be dysfunctional, can be expected to determine with certainty who is competently addressing the problem and who is part of it.
I reckon we should all write to the new DAS to address those issues that were ignored or brushed under the carpet. That way certain peoples names will be known very quickly. That should help him/her get a good start! Most of the bullies would then be exposed.

The TSB can't be too pleased to have been used to play games and become shelf ware.

Last edited by halfmanhalfbiscuit; 10th Sep 2014 at 18:53. Reason: Elephants
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