Merged: CASA Regulatory Reform
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That's exactly why they need to make the regs more accessible, perhaps with a 'FAQ' section, seeing as you can get them online easily these days.
Q. Can I fit commonly available cargo restraints (eg cargo nets purchased from hardware stores and the like) in the baggage compartment of my light aircraft?
A. Yes, as long as they are capable of restraining the cargo with a 4 g vertical acceleration, 2 g longitudinally ... (or whatever the real answer is). Restraints should be tested with a spring balance to establish a maximum weight capability. Refer to CAAP bla bla bla
Q. Can I fit commonly available cargo restraints (eg cargo nets purchased from hardware stores and the like) in the baggage compartment of my light aircraft?
A. Yes, as long as they are capable of restraining the cargo with a 4 g vertical acceleration, 2 g longitudinally ... (or whatever the real answer is). Restraints should be tested with a spring balance to establish a maximum weight capability. Refer to CAAP bla bla bla
I asked a simple question, Do I still have a SCPL? 
Dear Mr xxx
I refer to your telephone conversation with Diane Shelback on xxxx regarding the validity of your Senior Commercial Pilot Licence.
I am pleased to confirm that your Senior Commercial Pilot Licence Number xxxxxx is valid. This means that you are Authorised to exercise all of the privileges of this licence as specified in Civil Aviation Regulation 56(1)(a)(iv) of Statutory Rule 1988 No.158.
The grounds upon which this declaration is made are:
a) your Senior Commercial Pilot Licence is one to which Regulation 43 of Statutory Rule No 279 of 1992 applies.
b) although you have been issued with a First Class Airline Transport Pilot Licence, your First Class Airline Transport Pilot Licence is not a "new air transport pilot (aeroplane) licence" as mentioned in paragraph 43.2(b) of subregulation 43.2 of Statutory Rule No 279 of 1992. The significance of this point is that the issue of your ATPL has not nullified your SCPL. The considerations which lead to your ATPL not being regarded as a new ATPL are:
i) the term "new air transport pilot (aeroplane) licence" is not defined in Statutory Rule No 279 of 1992.
ii) a comparison of the definitions of new and old licences in subregulation 35.1 of that Statutory Rule shows that the determining factor as to whether a licence is a new or old licence is the regulation under which the licence was issued; licences issued under subregulation 55B of the old regulations are old licences, and licences issued under new subregulation 5.09(1) are new licences
iii) your ATPL was issued in xxxx, which date was before new subregulation 5.09(1) existed, and therefore your ATPL, is not a new licence.
In regard to your old Senior Commercial Pilot Licence, my duty of care obligee me to alert you to the following aspects:
i) while the licence is valid and you may exercise all of the privileges of the licence, these privilege do not include privileges pertaining to any rating that was endorsed on the licence unless that rating has been renewed and is current. Under the provisions of regulation 59 of the Civil Aviation Regulations of Statutory Rule 1988 No 158, ratings expired at the effluxion of the time periods specified in Civil Aviation Orders. I mention this particularly because in the Civil Aviation Act 1988 a licence is defined as including any rating that is endorsed on the licence. I do not want you to be under the misconception that the privileges of the licence include privileges pertaining to a rating endorsed on the licence; and ii) subregulation 66(2) of the Civil Aviation Regulations of Statutory Rule 1988 No 158 specified that "the types and categories of aircraft for which a licence is valid shall be specified by endorsement in the licence". This means that you may fly, as a privilege of your Senior Commercial Pilot Licence No. xxxxx, only those aircraft that are endorsed in that licence. An endorsement of an aircraft type in another licence, (e.g. your First Class Airline Transport Pilot Licence), or in your pilot log-book under the provisions of CAR 5.23 (2), does not entitle you to fly that aircraft as a privilege of your Senior Commercial Pilot Licence. An endorsement in your pilot log-book does not apply to your SCPL because under tho terms of CAR Part 5, a SCPL is not a flight crew licence (see CAR 2, and CAR
5.08).
Should you have any further queries in this matter, please do not hesitate to contact Graeme Smith, telephone (06) 268 4393 or facsimile (06) 268 4426.
Yours sincerely,
BOB COOK
Manager Flight Crew Licensing
Directorate of Aviation Safety Regulation
I refer to your telephone conversation with Diane Shelback on xxxx regarding the validity of your Senior Commercial Pilot Licence.
I am pleased to confirm that your Senior Commercial Pilot Licence Number xxxxxx is valid. This means that you are Authorised to exercise all of the privileges of this licence as specified in Civil Aviation Regulation 56(1)(a)(iv) of Statutory Rule 1988 No.158.
The grounds upon which this declaration is made are:
a) your Senior Commercial Pilot Licence is one to which Regulation 43 of Statutory Rule No 279 of 1992 applies.
b) although you have been issued with a First Class Airline Transport Pilot Licence, your First Class Airline Transport Pilot Licence is not a "new air transport pilot (aeroplane) licence" as mentioned in paragraph 43.2(b) of subregulation 43.2 of Statutory Rule No 279 of 1992. The significance of this point is that the issue of your ATPL has not nullified your SCPL. The considerations which lead to your ATPL not being regarded as a new ATPL are:
i) the term "new air transport pilot (aeroplane) licence" is not defined in Statutory Rule No 279 of 1992.
ii) a comparison of the definitions of new and old licences in subregulation 35.1 of that Statutory Rule shows that the determining factor as to whether a licence is a new or old licence is the regulation under which the licence was issued; licences issued under subregulation 55B of the old regulations are old licences, and licences issued under new subregulation 5.09(1) are new licences
iii) your ATPL was issued in xxxx, which date was before new subregulation 5.09(1) existed, and therefore your ATPL, is not a new licence.
In regard to your old Senior Commercial Pilot Licence, my duty of care obligee me to alert you to the following aspects:
i) while the licence is valid and you may exercise all of the privileges of the licence, these privilege do not include privileges pertaining to any rating that was endorsed on the licence unless that rating has been renewed and is current. Under the provisions of regulation 59 of the Civil Aviation Regulations of Statutory Rule 1988 No 158, ratings expired at the effluxion of the time periods specified in Civil Aviation Orders. I mention this particularly because in the Civil Aviation Act 1988 a licence is defined as including any rating that is endorsed on the licence. I do not want you to be under the misconception that the privileges of the licence include privileges pertaining to a rating endorsed on the licence; and ii) subregulation 66(2) of the Civil Aviation Regulations of Statutory Rule 1988 No 158 specified that "the types and categories of aircraft for which a licence is valid shall be specified by endorsement in the licence". This means that you may fly, as a privilege of your Senior Commercial Pilot Licence No. xxxxx, only those aircraft that are endorsed in that licence. An endorsement of an aircraft type in another licence, (e.g. your First Class Airline Transport Pilot Licence), or in your pilot log-book under the provisions of CAR 5.23 (2), does not entitle you to fly that aircraft as a privilege of your Senior Commercial Pilot Licence. An endorsement in your pilot log-book does not apply to your SCPL because under tho terms of CAR Part 5, a SCPL is not a flight crew licence (see CAR 2, and CAR
5.08).
Should you have any further queries in this matter, please do not hesitate to contact Graeme Smith, telephone (06) 268 4393 or facsimile (06) 268 4426.
Yours sincerely,
BOB COOK
Manager Flight Crew Licensing
Directorate of Aviation Safety Regulation
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I asked a simple question, Do I still have a SCPL?
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ratings expired at the effluxion of the time periods specified in Civil Aviation Orders
What's the matter Blackie missing your old combatant Kharon? Don't worry mate the ghost of K is still watching over you whilst you drown your sorrows at the local, I'm sure he'll make the return ferry trip when your time is up!
Meanwhile Blackie it appears your still rubbing shoulders with Creamy at the 'Mutual Blinkered Horse Brigade'....that should keep you somewhat amused between opening and last drinks..cause other than Frank you might as well be the invisible bloke in that musty corner of the bar!
Meanwhile Blackie it appears your still rubbing shoulders with Creamy at the 'Mutual Blinkered Horse Brigade'....that should keep you somewhat amused between opening and last drinks..cause other than Frank you might as well be the invisible bloke in that musty corner of the bar!
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Most pilot's can't spell ironie. Ironye. Ironboard, (fkucit), let alone understand what it means. Can you please rephrase that?
Red is on the left if you are sitting in the aeroplane, that means port because it's the same colour, green is what you look like if you fly in black clouds. Sorry just thinking out aloud.... Oh fkuck that to hard. Which brings me to another point.... but that's off topic. I don't remember eating that!
Red is on the left if you are sitting in the aeroplane, that means port because it's the same colour, green is what you look like if you fly in black clouds. Sorry just thinking out aloud.... Oh fkuck that to hard. Which brings me to another point.... but that's off topic. I don't remember eating that!
Man Bilong Balus long PNG
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Arm out the window; You're Kevin Rudd, aren't you!
As for the subject of this thread; A Lawyer aquaintance of mine once spent a few hours going through my copy of the ANOs as they were at the time and afterwards stated that in some instances only a Lawyer would be able to understand them.
He also claimed that he could fine several direct contradictions, ie one reg says no you can't and another reg said yes you can!
And how much did you say has been spent on the rewrite so far, Taily?
As for the subject of this thread; A Lawyer aquaintance of mine once spent a few hours going through my copy of the ANOs as they were at the time and afterwards stated that in some instances only a Lawyer would be able to understand them.
He also claimed that he could fine several direct contradictions, ie one reg says no you can't and another reg said yes you can!
And how much did you say has been spent on the rewrite so far, Taily?
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Arm out the window; You're Kevin Rudd, aren't you!
And how much did you say has been spent on the rewrite so far, Taily?
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Quote:
As I read it, it's saying "there is (or may be) another Part or Subpart dealing with the kind of authorisation in question, so be aware the requirements in this subpart are not the only ones."
Exactly, no ambiguity
Blackhand said: So, why doesn't it say that?
"Plain English" is the instruction given to Parliamentary Counsel and it ought apply to whomever is drafting this stuff.
I'm a lawyer and I had to scratch my head to work out what the hell the author was saying. It shouldn't take a precedent in the High Court to interpret something that should be relatively straight forward.
The definition given to particular words, such as "terrain" should be dealt with in a definitions section if the ordinary common meaning isn't deemed sufficient although, God help us, it ought be clear enough.
kaz
kaz
As I read it, it's saying "there is (or may be) another Part or Subpart dealing with the kind of authorisation in question, so be aware the requirements in this subpart are not the only ones."
Exactly, no ambiguity
Blackhand said: So, why doesn't it say that?
"Plain English" is the instruction given to Parliamentary Counsel and it ought apply to whomever is drafting this stuff.
I'm a lawyer and I had to scratch my head to work out what the hell the author was saying. It shouldn't take a precedent in the High Court to interpret something that should be relatively straight forward.
The definition given to particular words, such as "terrain" should be dealt with in a definitions section if the ordinary common meaning isn't deemed sufficient although, God help us, it ought be clear enough.
kaz
kaz
Last edited by kaz3g; 20th Jul 2012 at 01:52.
Man Bilong Balus long PNG
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Never mention him and me in the same sentence
and they admit to burning over $200 million on the exercise
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I'm a lawyer and I had to scratch my head to work out what the hell the author was saying.
Last edited by blackhand; 20th Jul 2012 at 07:16.
I suspect you may have failed to matriculate around the same time I failed to matriculate. It was an era in which grammar and comprehension were taught in Primary school, to a higher standard than is reached by most university graduates these days. Sad really.
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The fact that our aviation regs are posted on the Attorney General's website rather than the CASA website says something, doesn't it?
CASA have allowed the legal fraternity to get theor claws into something that should be reasonably simple to understand and work with, and turn it into something that requires a lawyer to navigate to. How fortuitous for them!
However as Blackhand hinted at, isn't this just another symptom of the increasingly litigious society we live in? The vast majority of us are law abiding and sensible aviators, but it appears the regs are engineered to cater for the minority of idiots that fcuk it up for the rest of us.
Now that's funny!
CASA have allowed the legal fraternity to get theor claws into something that should be reasonably simple to understand and work with, and turn it into something that requires a lawyer to navigate to. How fortuitous for them!
However as Blackhand hinted at, isn't this just another symptom of the increasingly litigious society we live in? The vast majority of us are law abiding and sensible aviators, but it appears the regs are engineered to cater for the minority of idiots that fcuk it up for the rest of us.
Arm out the window; You're Kevin Rudd, aren't you!
The fact that our aviation regs are posted on the Attorney General's website rather than the CASA website says something, doesn't it?
CASA have allowed the legal fraternity to get theor claws into something …
CASA have allowed the legal fraternity to get theor claws into something …
CASA is created by one sentence in a law passed by the parliament.
CASA’s powers and functions are specified in laws passed by the parliament.
Delegated legislation must be made in accordance with laws passed by the parliament and the policies of the government of the day, then tabled for disallowance by the parliament. Regulations are made by the Governor-General, on recommendation from the Minister for Transport and Infrastructure. Only CAOs and small number of other legislative instruments are made by CASA. But they all have to be made, published and tabled in accordance with the same laws and policies.
The reason every aspect of daily life in Australia is being slowly regulated to death is that Australians keep electing dumb and dumber governments who are very happy to keep pumping out laws as fast as they can be made. Governments consider the making of a law to be an ‘achievement’ and ‘progress’. (Look at what the current government claims to be among its successes: the passage of thousands of pages of primary legislation that ultimately do only one of two things: tax the populace or create new criminal offences.)
The reason governments get away with it is because punters like CSD blame the regulators.
Last edited by Creampuff; 20th Jul 2012 at 23:50.
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English and Clarity??
Just while we are at it, lets have a look at a real life regulation and compare the English in the CAR and that in the FAR's:
CIVIL AVIATION REGULATIONS 1988 - REG 157
Low flying
(1) The pilot in command of an aircraft must not fly the aircraft over:
(a) any city, town or populous area at a height lower than 1,000 feet; or
(b) any other area at a height lower than 500 feet.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability , see section 6.1 of the Criminal Code .
(3) A height specified in subregulation (1) is the height above the highest point of the terrain, and any object on it, within a radius of:
(a) in the case of an aircraft other than a helicopter -- 600 metres; or
(b) in the case of a helicopter -- 300 metres;
from a point on the terrain vertically below the aircraft.
(3A) Paragraph (1) (a) does not apply in respect of a helicopter flying at a designated altitude within an access lane details of which have been published in the AIP or NOTAMS for use by helicopters arriving at or departing from a specified place.
(4) Subregulation (1) does not apply if:
(a) through stress of weather or any other unavoidable cause it is essential that a lower height be maintained; or
(b) the aircraft is engaged in private operations or aerial work operations, being operations that require low flying, and the owner or operator of the aircraft has received from CASA either a general permit for all flights or a specific permit for the particular flight to be made at a lower height while engaged in such operations; or
(c) the pilot of the aircraft is engaged in flying training and flies over a part of a flying training area in respect of which low flying is authorised by CASA under subregulation 141 (1); or
(d) the pilot of the aircraft is engaged in a baulked approach procedure, or the practice of such procedure under the supervision of a flight instructor or a check pilot; or
(e) the aircraft is flying in the course of actually taking-off or landing at an aerodrome; or
(f) the pilot of the aircraft is engaged in:
(i) a search; or
(ii) a rescue; or
(iii) dropping supplies;
in a search and rescue operation; or
(g) the aircraft is a helicopter:
(i) operated by, or for the purposes of, the Australian Federal Police or the police force of a State or Territory; and
(ii) engaged in law enforcement operations; or
(h) the pilot of the aircraft is engaged in an operation which requires the dropping of packages or other articles or substances in accordance with directions issued by CASA.
AND the comparative FAR:
§ 91.119 Minimum safe altitudes: General.
Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:
(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.
(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.
(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
(d) Helicopters. Helicopters may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section if the operation is conducted without hazard to persons or property on the surface. In addition, each person operating a helicopter shall comply with any routes or altitudes specifically prescribed for helicopters by the Administrator.
Just a bit easier to understand
CIVIL AVIATION REGULATIONS 1988 - REG 157
Low flying
(1) The pilot in command of an aircraft must not fly the aircraft over:
(a) any city, town or populous area at a height lower than 1,000 feet; or
(b) any other area at a height lower than 500 feet.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability , see section 6.1 of the Criminal Code .
(3) A height specified in subregulation (1) is the height above the highest point of the terrain, and any object on it, within a radius of:
(a) in the case of an aircraft other than a helicopter -- 600 metres; or
(b) in the case of a helicopter -- 300 metres;
from a point on the terrain vertically below the aircraft.
(3A) Paragraph (1) (a) does not apply in respect of a helicopter flying at a designated altitude within an access lane details of which have been published in the AIP or NOTAMS for use by helicopters arriving at or departing from a specified place.
(4) Subregulation (1) does not apply if:
(a) through stress of weather or any other unavoidable cause it is essential that a lower height be maintained; or
(b) the aircraft is engaged in private operations or aerial work operations, being operations that require low flying, and the owner or operator of the aircraft has received from CASA either a general permit for all flights or a specific permit for the particular flight to be made at a lower height while engaged in such operations; or
(c) the pilot of the aircraft is engaged in flying training and flies over a part of a flying training area in respect of which low flying is authorised by CASA under subregulation 141 (1); or
(d) the pilot of the aircraft is engaged in a baulked approach procedure, or the practice of such procedure under the supervision of a flight instructor or a check pilot; or
(e) the aircraft is flying in the course of actually taking-off or landing at an aerodrome; or
(f) the pilot of the aircraft is engaged in:
(i) a search; or
(ii) a rescue; or
(iii) dropping supplies;
in a search and rescue operation; or
(g) the aircraft is a helicopter:
(i) operated by, or for the purposes of, the Australian Federal Police or the police force of a State or Territory; and
(ii) engaged in law enforcement operations; or
(h) the pilot of the aircraft is engaged in an operation which requires the dropping of packages or other articles or substances in accordance with directions issued by CASA.
AND the comparative FAR:
§ 91.119 Minimum safe altitudes: General.
Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:
(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.
(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.
(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
(d) Helicopters. Helicopters may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section if the operation is conducted without hazard to persons or property on the surface. In addition, each person operating a helicopter shall comply with any routes or altitudes specifically prescribed for helicopters by the Administrator.
Just a bit easier to understand
