Merged: CASA Regulatory Reform
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Merged: CASA Regulatory Reform
We were told that the new regs would improve things aviation.
Try this for a Sir Humphrey!!
Well???
Try this for a Sir Humphrey!!
Subpart 11.B Applications for authorisations
11.020 Effect of this Subpart
The requirements of this Subpart in relation to an application for a particular kind of authorisation are in addition to any requirements of the Part or Subpart that deals with the kind of authorisation.
11.025 Application of Part to authorised persons
If these Regulations allow an application for an authorisation to be made to an authorised person, a reference in this Part to CASA includes, in relation to such an application, an authorised person to whom such an application is made.
11.020 Effect of this Subpart
The requirements of this Subpart in relation to an application for a particular kind of authorisation are in addition to any requirements of the Part or Subpart that deals with the kind of authorisation.
11.025 Application of Part to authorised persons
If these Regulations allow an application for an authorisation to be made to an authorised person, a reference in this Part to CASA includes, in relation to such an application, an authorised person to whom such an application is made.
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(1) No pilot or pilots, or person or persons acting on the direction or suggestion or supervision of the pilot or pilots may try, or attempt to try or make or make attempt to try to comprehend or understand any or all in whole or in part of the herein mention Civil Aviation Safety Regulations, except as authorised by the CASA.
Penalty: 50 penalty units.
(2) If the pilot, or group of associated pilots becomes aware of, or realises, or detects, or discovers or finds that he, or she, or they, are or have been beginning to understand the Civil Aviation Safety Regulations, they must immediately, within three (3) days notify CASA in writing.
Penalty: 50 penalty units.
(3) Upon receipt of the above mentioned notice of impending comprehension, CASA will immediately rewrite the Civil Aviation Safety Regulations in such a manner as to eliminate any further comprehension hazards.
(4) CASA may, at their option, require the offending pilot, or pilots, to attend remedial instruction in the Civil Aviation Safety Regulations until such time that the pilot is too confused to be capable of understanding anything.
(5) An offence against subregulation (1) or (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
Penalty: 50 penalty units.
(2) If the pilot, or group of associated pilots becomes aware of, or realises, or detects, or discovers or finds that he, or she, or they, are or have been beginning to understand the Civil Aviation Safety Regulations, they must immediately, within three (3) days notify CASA in writing.
Penalty: 50 penalty units.
(3) Upon receipt of the above mentioned notice of impending comprehension, CASA will immediately rewrite the Civil Aviation Safety Regulations in such a manner as to eliminate any further comprehension hazards.
(4) CASA may, at their option, require the offending pilot, or pilots, to attend remedial instruction in the Civil Aviation Safety Regulations until such time that the pilot is too confused to be capable of understanding anything.
(5) An offence against subregulation (1) or (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
Incredible, aren't they?
My guess is they draft something like this:
"The pilot in command must ensure all relevant covers and safety flags are removed and stowed before taking off."
then send it to the legal team, who change it to:
"An individual who, for the purposes of these paragraphs and sub-paragraphs, is authorised by an organisation, or is him or herself empowered to authorise him or herself to operate an aeroplane or rotorcraft as pilot-in-command, shall not allow that aeroplane or rotorcraft to move from a resting condition for the purposes of leaving the ground or water, or in the case of an amphibian aeroplane or rotorcraft, ground and/or water as appropriate, unless that individual has ensured that each item (including but not limited to covers, protective devices, streamers, and flags) made or purchased for the purpose of protecting essential items of equipment (including but not limited to probes, vents, intakes, exhausts, wicks, cooling systems and drains) has been removed from its operative position and placed in a container, locker, pocket or restraint approved for the purpose of holding that item, or group of items, for the duration of the flight and with a degree of security appropriate for the longitudinal, lateral and vertical accelerative forces that may be experienced at any time during that flight, caused by either the normal motion of the aircraft or the motion of the atmosphere as it impacts on that aircraft."
My guess is they draft something like this:
"The pilot in command must ensure all relevant covers and safety flags are removed and stowed before taking off."
then send it to the legal team, who change it to:
"An individual who, for the purposes of these paragraphs and sub-paragraphs, is authorised by an organisation, or is him or herself empowered to authorise him or herself to operate an aeroplane or rotorcraft as pilot-in-command, shall not allow that aeroplane or rotorcraft to move from a resting condition for the purposes of leaving the ground or water, or in the case of an amphibian aeroplane or rotorcraft, ground and/or water as appropriate, unless that individual has ensured that each item (including but not limited to covers, protective devices, streamers, and flags) made or purchased for the purpose of protecting essential items of equipment (including but not limited to probes, vents, intakes, exhausts, wicks, cooling systems and drains) has been removed from its operative position and placed in a container, locker, pocket or restraint approved for the purpose of holding that item, or group of items, for the duration of the flight and with a degree of security appropriate for the longitudinal, lateral and vertical accelerative forces that may be experienced at any time during that flight, caused by either the normal motion of the aircraft or the motion of the atmosphere as it impacts on that aircraft."
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Well???
Yelling certainly helps doesn't it???
It is simple English and you are purposely looking for ambiguity.
then send it to the legal team, who change it to:
Last edited by blackhand; 17th Jul 2012 at 03:29.
I'm sure we can all nut out the meaning of regs like this given time, but it must be possible to lay them out in such a way that the meanings are more readily apparent.
That's hardly simple English. 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."
Something like that that tells you what they're actually driving at in a straightforward way would help immeasurably.
Maybe we need an official book that tells you in plain language what your responsibilities are, as well as the legalese book that applies in a court of law.
I don't mean something that a third party such as a flying school or maintenance training organisation writes out as their interpretation of the regs, but something released by CASA that's aimed to translate the legal stuff into real world language (with the clear caveat that the legal stuff is binding). A kind of 'what the hell we meant when we wrote this section' guide.
The requirements of this Subpart in relation to an application for a particular kind of authorisation are in addition to any requirements of the Part or Subpart that deals with the kind of authorisation.
Something like that that tells you what they're actually driving at in a straightforward way would help immeasurably.
Maybe we need an official book that tells you in plain language what your responsibilities are, as well as the legalese book that applies in a court of law.
I don't mean something that a third party such as a flying school or maintenance training organisation writes out as their interpretation of the regs, but something released by CASA that's aimed to translate the legal stuff into real world language (with the clear caveat that the legal stuff is binding). A kind of 'what the hell we meant when we wrote this section' guide.
Last edited by Arm out the window; 17th Jul 2012 at 03:38.
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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."
Ah yes, the oh-so-easy-to-understand FARs. What does ‘cross-country time’ mean for the purpose of meeting the aeronautical experience requirements for a sport pilot certificate with powered parachute privileges?
Your time starts….NOW:
(4) Cross-country time means—
(i) Except as provided in paragraphs (b)(4)(ii) through (b)(4)(vi) of this section, time acquired during flight—
(A) Conducted by a person who holds a pilot certificate;
(B) Conducted in an aircraft;
(C) That includes a landing at a point other than the point of departure; and
(D) That involves the use of dead reckoning, pilotage, electronic navigation aids, radio aids, or other navigation systems to navigate to the landing point.
(ii) For the purpose of meeting the aeronautical experience requirements (except for a rotorcraft category rating), for a private pilot certificate (except for a powered parachute category rating), a commercial pilot certificate, or an instrument rating, or for the purpose of exercising recreational pilot privileges (except in a rotorcraft) under §61.101 (c), time acquired during a flight—
(A) Conducted in an appropriate aircraft;
(B) That includes a point of landing that was at least a straight-line distance of more than 50 nautical miles from the original point of departure; and
(C) That involves the use of dead reckoning, pilotage, electronic navigation aids, radio aids, or other navigation systems to navigate to the landing point.
(iii) For the purpose of meeting the aeronautical experience requirements for a sport pilot certificate (except for powered parachute privileges), time acquired during a flight conducted in an appropriate aircraft that—
(A) Includes a point of landing at least a straight line distance of more than 25 nautical miles from the original point of departure; and
(B) Involves, as applicable, the use of dead reckoning; pilotage; electronic navigation aids; radio aids; or other navigation systems to navigate to the landing point.
(iv) For the purpose of meeting the aeronautical experience requirements for a sport pilot certificate with powered parachute privileges or a private pilot certificate with a powered parachute category rating, time acquired during a flight conducted in an appropriate aircraft that—
(A) Includes a point of landing at least a straight line distance of more than 15 nautical miles from the original point of departure; and
(B) Involves, as applicable, the use of dead reckoning; pilotage; electronic navigation aids; radio aids; or other navigation systems to navigate to the landing point.
(v) For the purpose of meeting the aeronautical experience requirements for any pilot certificate with a rotorcraft category rating or an instrument-helicopter rating, or for the purpose of exercising recreational pilot privileges, in a rotorcraft, under §61.101(c), time acquired during a flight—
(A) Conducted in an appropriate aircraft;
(B) That includes a point of landing that was at least a straight-line distance of more than 25 nautical miles from the original point of departure; and
(C) That involves the use of dead reckoning, pilotage, electronic navigation aids, radio aids, or other navigation systems to navigate to the landing point.
(vi) For the purpose of meeting the aeronautical experience requirements for an airline transport pilot certificate (except with a rotorcraft category rating), time acquired during a flight—
(A) Conducted in an appropriate aircraft;
(B) That is at least a straight-line distance of more than 50 nautical miles from the original point of departure; and
(C) That involves the use of dead reckoning, pilotage, electronic navigation aids, radio aids, or other navigation systems.
(vii) For a military pilot who qualifies for a commercial pilot certificate (except with a rotorcraft category rating) under §61.73 of this part, time acquired during a flight—
(A) Conducted in an appropriate aircraft;
(B) That is at least a straight-line distance of more than 50 nautical miles from the original point of departure; and
(C) That involves the use of dead reckoning, pilotage, electronic navigation aids, radio aids, or other navigation systems.
(i) Except as provided in paragraphs (b)(4)(ii) through (b)(4)(vi) of this section, time acquired during flight—
(A) Conducted by a person who holds a pilot certificate;
(B) Conducted in an aircraft;
(C) That includes a landing at a point other than the point of departure; and
(D) That involves the use of dead reckoning, pilotage, electronic navigation aids, radio aids, or other navigation systems to navigate to the landing point.
(ii) For the purpose of meeting the aeronautical experience requirements (except for a rotorcraft category rating), for a private pilot certificate (except for a powered parachute category rating), a commercial pilot certificate, or an instrument rating, or for the purpose of exercising recreational pilot privileges (except in a rotorcraft) under §61.101 (c), time acquired during a flight—
(A) Conducted in an appropriate aircraft;
(B) That includes a point of landing that was at least a straight-line distance of more than 50 nautical miles from the original point of departure; and
(C) That involves the use of dead reckoning, pilotage, electronic navigation aids, radio aids, or other navigation systems to navigate to the landing point.
(iii) For the purpose of meeting the aeronautical experience requirements for a sport pilot certificate (except for powered parachute privileges), time acquired during a flight conducted in an appropriate aircraft that—
(A) Includes a point of landing at least a straight line distance of more than 25 nautical miles from the original point of departure; and
(B) Involves, as applicable, the use of dead reckoning; pilotage; electronic navigation aids; radio aids; or other navigation systems to navigate to the landing point.
(iv) For the purpose of meeting the aeronautical experience requirements for a sport pilot certificate with powered parachute privileges or a private pilot certificate with a powered parachute category rating, time acquired during a flight conducted in an appropriate aircraft that—
(A) Includes a point of landing at least a straight line distance of more than 15 nautical miles from the original point of departure; and
(B) Involves, as applicable, the use of dead reckoning; pilotage; electronic navigation aids; radio aids; or other navigation systems to navigate to the landing point.
(v) For the purpose of meeting the aeronautical experience requirements for any pilot certificate with a rotorcraft category rating or an instrument-helicopter rating, or for the purpose of exercising recreational pilot privileges, in a rotorcraft, under §61.101(c), time acquired during a flight—
(A) Conducted in an appropriate aircraft;
(B) That includes a point of landing that was at least a straight-line distance of more than 25 nautical miles from the original point of departure; and
(C) That involves the use of dead reckoning, pilotage, electronic navigation aids, radio aids, or other navigation systems to navigate to the landing point.
(vi) For the purpose of meeting the aeronautical experience requirements for an airline transport pilot certificate (except with a rotorcraft category rating), time acquired during a flight—
(A) Conducted in an appropriate aircraft;
(B) That is at least a straight-line distance of more than 50 nautical miles from the original point of departure; and
(C) That involves the use of dead reckoning, pilotage, electronic navigation aids, radio aids, or other navigation systems.
(vii) For a military pilot who qualifies for a commercial pilot certificate (except with a rotorcraft category rating) under §61.73 of this part, time acquired during a flight—
(A) Conducted in an appropriate aircraft;
(B) That is at least a straight-line distance of more than 50 nautical miles from the original point of departure; and
(C) That involves the use of dead reckoning, pilotage, electronic navigation aids, radio aids, or other navigation systems.
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It is simple English and you are purposely looking for ambiguity.
Get a grip Blackie.
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From DM flyer: 
Proposed Civil Aviation Regulation Act
Rule 1000(a). No pilot or pilots, or persons, or persons acting on the direction or suggestion or supervision of the pilot or pilots may try, or make attempt to try, to comprehend or understand any or all, in whole or in part, of the herein mentioned Civil Aviation Regulations, except as authorised by the Director or an agent appointed by the Director.
Rule 1000(b). If the pilot or group of associated pilots become aware of, or realises, or detects, or discovers, or finds that he, or she, or they, are, or have been, beginning to understand the Civil Aviation Regulations, they must immediately within three (3) days notify in writing the Director.
Rule 1000(c). Upon receipt of the abovementioned notice of impending comprehension, the Director will immediately re-write the Civil Aviation Regulations in such a manner as to eliminate any further comprehension hazards.
Rule 1000(d). The Director may, at his or her option, require the offending pilot, or pilots, to attend remedial instruction in the Civil Aviation Regulations until such time that the pilot, or pilots, are too confused to be capable of understanding anything.
Proposed Civil Aviation Regulation Act
Rule 1000(a). No pilot or pilots, or persons, or persons acting on the direction or suggestion or supervision of the pilot or pilots may try, or make attempt to try, to comprehend or understand any or all, in whole or in part, of the herein mentioned Civil Aviation Regulations, except as authorised by the Director or an agent appointed by the Director.
Rule 1000(b). If the pilot or group of associated pilots become aware of, or realises, or detects, or discovers, or finds that he, or she, or they, are, or have been, beginning to understand the Civil Aviation Regulations, they must immediately within three (3) days notify in writing the Director.
Rule 1000(c). Upon receipt of the abovementioned notice of impending comprehension, the Director will immediately re-write the Civil Aviation Regulations in such a manner as to eliminate any further comprehension hazards.
Rule 1000(d). The Director may, at his or her option, require the offending pilot, or pilots, to attend remedial instruction in the Civil Aviation Regulations until such time that the pilot, or pilots, are too confused to be capable of understanding anything.
Last edited by DancingDog; 17th Jul 2012 at 10:56.
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Get a grip Blackie.
Or perhaps he is on a certain ferry on the river Styx using transcendental medication
Last edited by blackhand; 17th Jul 2012 at 07:22.
legal word games...
Lawyers love a time consuming sh*te-fight over the meaning of a word.
se Fice re Caper and "usually"..or was it "generally".
"terrain".... a tract of country/land. No mention of the liquid stuff there.
"water"..... a liquid compound of oxygen and hydrogen. No mention of any hard stuff there.
How a word, and/ or the use of, is interpreted can decide whether someone gets hung...or not.
If it does not specify both then the regulation is poorly thought out and badly written...whose fault is that.? And we suffer with more enough of that convoluted gobbldegook as it is.
The psuedo-legals that cobble up these crap regs are failing the requirement that the regs must be written for the layman/user/us...and not just legal vomitus for lawyers to play with.
The bureaucrapic way is "complexitization"...creates more work, takes more time, costs more money..and the KISS principle is given the kiss-off.
And GA suffers accordingly.
se Fice re Caper and "usually"..or was it "generally".
"terrain".... a tract of country/land. No mention of the liquid stuff there.
"water"..... a liquid compound of oxygen and hydrogen. No mention of any hard stuff there.
How a word, and/ or the use of, is interpreted can decide whether someone gets hung...or not.
If it does not specify both then the regulation is poorly thought out and badly written...whose fault is that.? And we suffer with more enough of that convoluted gobbldegook as it is.
The psuedo-legals that cobble up these crap regs are failing the requirement that the regs must be written for the layman/user/us...and not just legal vomitus for lawyers to play with.
The bureaucrapic way is "complexitization"...creates more work, takes more time, costs more money..and the KISS principle is given the kiss-off.
And GA suffers accordingly.
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The bureaucrapic way is "complexitization"...creates more work, takes more time, costs more money..and the KISS principle is given the kiss-off. And GA suffers accordingly.
The time’s still ticking on the question: What does ‘cross-country time’ mean for the purpose of meeting the aeronautical experience requirements for a sport pilot certificate with powered parachute privileges?
It couldn’t be that hard to interpret the oh-so-simple FAR definition I quoted.
By the way, your Australian regulations have really complicated one (2(10)) that says:
It couldn’t be that hard to interpret the oh-so-simple FAR definition I quoted.
By the way, your Australian regulations have really complicated one (2(10)) that says:
A reference in these regulations to height shall be read as a reference to:
(a) the vertical distance of a level or a point, or if an object is specified, that object considered as a point, measured from the datum specified in connection with the reference, or where no datum is specified, measured from the ground or water;
(a) the vertical distance of a level or a point, or if an object is specified, that object considered as a point, measured from the datum specified in connection with the reference, or where no datum is specified, measured from the ground or water;
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.
Wild guess, atleast 15 NM from departure
(iv) For the purpose of meeting the aeronautical experience requirements for a sport pilot certificate with powered parachute privileges or a private pilot certificate with a powered parachute category rating, time acquired during a flight conducted in an appropriate aircraft that—
(A) Includes a point of landing at least a straight line distance of more than 15 nautical miles from the original point of departure; and
(B) Involves, as applicable, the use of dead reckoning; pilotage; electronic navigation aids; radio aids; or other navigation systems to navigate to the landing point.
(A) Includes a point of landing at least a straight line distance of more than 15 nautical miles from the original point of departure; and
(B) Involves, as applicable, the use of dead reckoning; pilotage; electronic navigation aids; radio aids; or other navigation systems to navigate to the landing point.
The problem for simple private pilots like me is that I have not a snowballs chance in hell of understanding the finer points of the regulations, let alone the arcane circumlocutions and operating contortions necessary to comply, in fact I even doubt that compliance is possible in some circumstances.
By way of example, my understanding is that it is a criminal offence to start an engine without switching on a red anticollision beacon - if such beacon is fitted to the aircraft.
It is therefore a legitimate method of avoiding the possibility of committing this offence by not fitting a beacon (experimental or RAA), or causing the beacon to be removed if this option is legal for a certified aircraft.
What if such beacon is unserviceable? Is this a defence?
The net result is that as a private pilot I can only operate under the following assumptions.
1. Follow common sense.
2. Avoid possible interaction with CASA on the grounds that CASA will always find a "point of order" on which to prosecute you if it feels like it on the day.
By way of example - luggage restraints in a C172. Do tie down straps or cargo nets require certification? What is the lesser penalty here? Unrestrained baggage? The fitting and use of unapproved equipment? (eg a tiedown strap purchased from Bunnings)
By way of example, my understanding is that it is a criminal offence to start an engine without switching on a red anticollision beacon - if such beacon is fitted to the aircraft.
It is therefore a legitimate method of avoiding the possibility of committing this offence by not fitting a beacon (experimental or RAA), or causing the beacon to be removed if this option is legal for a certified aircraft.
What if such beacon is unserviceable? Is this a defence?
The net result is that as a private pilot I can only operate under the following assumptions.
1. Follow common sense.
2. Avoid possible interaction with CASA on the grounds that CASA will always find a "point of order" on which to prosecute you if it feels like it on the day.
By way of example - luggage restraints in a C172. Do tie down straps or cargo nets require certification? What is the lesser penalty here? Unrestrained baggage? The fitting and use of unapproved equipment? (eg a tiedown strap purchased from Bunnings)
