Community service flights new rules
For information, Australian government policy on value of human life: https://www.pmc.gov.au/sites/default...dance_note.pdf
...and
Due diligence - a common law defence against negligence
Where it is possible to guard against a foreseeable risk, which, though perhaps not great, nevertheless cannot be called remote or fanciful, by adopting a means, which involves little difficulty or expense, the failure to adopt such means will in general be negligent.
Chief Justice Sir Harry Gibbs. Turner v. The State of South Australia (1982) (High Court of Australia before Gibbs CJ, Murphy, Brennan, Deane and Dawson JJ).
...and
Due diligence - a common law defence against negligence
Where it is possible to guard against a foreseeable risk, which, though perhaps not great, nevertheless cannot be called remote or fanciful, by adopting a means, which involves little difficulty or expense, the failure to adopt such means will in general be negligent.
Chief Justice Sir Harry Gibbs. Turner v. The State of South Australia (1982) (High Court of Australia before Gibbs CJ, Murphy, Brennan, Deane and Dawson JJ).
For information, Australian government policy on value of human life: https://www.pmc.gov.au/sites/default...dance_note.pdf
...and
Due diligence - a common law defence against negligence
Where it is possible to guard against a foreseeable risk, which, though perhaps not great, nevertheless cannot be called remote or fanciful, by adopting a means, which involves little difficulty or expense, the failure to adopt such means will in general be negligent.
Chief Justice Sir Harry Gibbs. Turner v. The State of South Australia (1982) (High Court of Australia before Gibbs CJ, Murphy, Brennan, Deane and Dawson JJ).
...and
Due diligence - a common law defence against negligence
Where it is possible to guard against a foreseeable risk, which, though perhaps not great, nevertheless cannot be called remote or fanciful, by adopting a means, which involves little difficulty or expense, the failure to adopt such means will in general be negligent.
Chief Justice Sir Harry Gibbs. Turner v. The State of South Australia (1982) (High Court of Australia before Gibbs CJ, Murphy, Brennan, Deane and Dawson JJ).
It ain't that simple.
There is a lot of case law since that judgement, although it is beloved of Civilair.
A most recent one is the successful appeal by Taree Council re. aeroplanes versus kangaroos --- there is a thread about it.
An important judgement that should be looked at is: Jones v Bartlett [2000] HCA 56. 205 CLR 166; 75 ALJR 1; 176 ALR 137. 16 Nov 2000. Case Number: P59/1999.
Look at para.23, in particular, for as good as any definition of "safety" in risk management terms.
In addition, consumer law now allows that "adventure sports" allow participants to assume a risk inherent in the activity, and limits the participant's ability to sue negligence if the outcome is an injury that can be anticipated when things go wrong.
Tootle pip!!
My point is that the life of an Angel Flight passenger is worth no more or no less than the life of any other passenger that at a private pilot might fly. And most of the Angel Flight pilots have a multiple of hours greater than many CPL's who fly charter flights. The two accident pilots were mature, experienced pilots with lots of hours and very good currency. If there is a standards issue with Angel Flight Pilots, then there is a standards issue across all pilots, in which case CASA needs to look in the mirror, not point fingers.
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"If there is a standards issue with Angel Flight Pilots, then there is a standards issue across all pilots, in which case CASA needs to look in the mirror, not point fingers."
Exactly Akro,
In the US Angel flights are a massive undertaking.
Lots of esoteric talk about causality, but it is obvious the incidents here were weather related.
In the US 80% of private pilots hold instrument qualification, here, hardly any.
The reason?
In the US gaining and maintaining instrument qualification is affordable, here it is not.
Therefore the question comes to mind, is Australia's unique over regulation an impediment to safety?
I believe the answer is self evident.
Exactly Akro,
In the US Angel flights are a massive undertaking.
Lots of esoteric talk about causality, but it is obvious the incidents here were weather related.
In the US 80% of private pilots hold instrument qualification, here, hardly any.
The reason?
In the US gaining and maintaining instrument qualification is affordable, here it is not.
Therefore the question comes to mind, is Australia's unique over regulation an impediment to safety?
I believe the answer is self evident.
"If there is a standards issue with Angel Flight Pilots, then there is a standards issue across all pilots, in which case CASA needs to look in the mirror, not point fingers."
--- is Australia's unique over regulation an impediment to safety?
I believe the answer is self evident.
--- is Australia's unique over regulation an impediment to safety?
I believe the answer is self evident.
Exactly,
The short answer is yes.
The longer answer is have a close look at the statistics, the steady improvement in the US over many years, here there is no underlying improvement, the only "improvements" here have come from the collapse in flying hours in some sectors.
And CASA have now put the PIFR out of reach of most PPLs, with just a few seemingly "minor" tweaks to the "rools" --destroying the original and successful in practice PIFR.
Tootle pip!!
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My point is that the life of an Angel Flight passenger is worth no more or no less than the life of any other passenger that at a private pilot might fly. And most of the Angel Flight pilots have a multiple of hours greater than many CPL's who fly charter flights. The two accident pilots were mature, experienced pilots with lots of hours and very good currency. If there is a standards issue with Angel Flight Pilots, then there is a standards issue across all pilots, in which case CASA needs to look in the mirror, not point fingers.
I believe CASA should put a stop to it, but that's just my opinion.
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So basically your opinion is all GA should be shut down Mach?
Would you apply the same reasoning when we inevitably are faced with
a large smoking hole with a boeing tail pocking out of it? Shut down RPT.
Hundreds of people die on our roads every year. If angel flights are stopped,
forcing patients onto the roads there is a high chance, compared with
private aviation, that patients will die driving, and probably have already.
After you've banned patients from driving to appointments
Whats left for the poor patients? walk to the doctors?....Walking carries a high risk
......Oh bugger it, just stay home and die from the disease....hang on a minute didn't
I read somewhere most accidents happen in the home?....good grief we are doomed!
I've been told Hundreds of angel flights occur every day in the US, they to have had two accidents,
but their regulator has applied no restrictions fortunately they recognise aviation in whatever form
carries risks, but way less than other forms of transport.
Would you apply the same reasoning when we inevitably are faced with
a large smoking hole with a boeing tail pocking out of it? Shut down RPT.
Hundreds of people die on our roads every year. If angel flights are stopped,
forcing patients onto the roads there is a high chance, compared with
private aviation, that patients will die driving, and probably have already.
After you've banned patients from driving to appointments
Whats left for the poor patients? walk to the doctors?....Walking carries a high risk
......Oh bugger it, just stay home and die from the disease....hang on a minute didn't
I read somewhere most accidents happen in the home?....good grief we are doomed!
I've been told Hundreds of angel flights occur every day in the US, they to have had two accidents,
but their regulator has applied no restrictions fortunately they recognise aviation in whatever form
carries risks, but way less than other forms of transport.
My point is that the life of an Angel Flight passenger is worth no more or no less than the life of any other passenger that at a private pilot might fly. And most of the Angel Flight pilots have a multiple of hours greater than many CPL's who fly charter flights. The two accident pilots were mature, experienced pilots with lots of hours and very good currency. If there is a standards issue with Angel Flight Pilots, then there is a standards issue across all pilots, in which case CASA needs to look in the mirror, not point fingers.
Some very important data that are missing:
How many lives have been saved, extended or improved as a consequence of CSFs? What is the value of that?
How many lives will be lost, lifespans reduced and lifestyles impaired if the number of CSFs is reduced? What is the cost of that?
What’s the delta between the two?
As noted by others, a reduction in the number of CSFs may cause a net negative for society.
How many lives have been saved, extended or improved as a consequence of CSFs? What is the value of that?
How many lives will be lost, lifespans reduced and lifestyles impaired if the number of CSFs is reduced? What is the cost of that?
What’s the delta between the two?
As noted by others, a reduction in the number of CSFs may cause a net negative for society.
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If this is successful, the next logical step is to expand the definition of Community Service Flights to include services like FunFlight. A kid from a disadvantage breakground is probably less informed about the nature flight risks than a patient seeking treatment.
If this is successful, the next logical step is to expand the definition of Community Service Flights to include services like FunFlight. A kid from a disadvantage breakground is probably less informed about the nature flight risks than a patient seeking treatment.
Then, what about the pilots who (lawfully) use their aircraft to fly employees around?
This is a pandora's box.
Ben Morgan's letter for the AOPA calling for CASA to revoke the proposal is very good, rational & measured.
A private pilot should have all the skills required to conduct flights in a non commercial environment safely. If not, CASA needs to examine its training syllabus. The CPL training is primarily about operating in an operations manual driven environment with commercial "must get there" and at minimum cost environment.
If CASA was genuine about wanting to improve safety it:
a) would wait for the outcome of the ATSB investigation
b) not release the draft in the days before Christmas with a Jan 31 response deadline
c) consult with industry bodies (eg Angel Flight) before compling the draft
d) understand that the 2 accidents that CASA is "knee jerk" reacting to would have complied with the new regs, thus realising that they are only increasing bureacracy and not improving safety
e) canvass real safety initiatives like making flight following more readily accessible, allowing experienced pilors to act in coaching or mentoring roles (which CASA effectively outlawed in the early 90's)
The list goes on and on. Fun Flight, flights sold at raffles / auctions to raise money for the local school. Taking your kids school friends for a fly, scouts, families from the local aero club, the list goes on and on.
Then, what about the pilots who (lawfully) use their aircraft to fly employees around?
This is a pandora's box.
Then, what about the pilots who (lawfully) use their aircraft to fly employees around?
This is a pandora's box.
See my post about "Private Operations AOC", and have a search around for the original CASA proposal. Captures all of the above.
"Private Operations", without the benefit of the said AOC, ie: Private Operations as ICAO/the Rest Of the World knows it, would be limited to the owner/pilot of the aircraft and immediate family.
What is happening here is a resurrection of the CASA Private Operations AOC proposal, and yet again, an example of how hard it is to kill a bad idea, once it takes hold in CASA.
A real live example of the process is Part 132, no real substance, no answer to any known problem, just an answer looking for a problem ---- introduced in very questionable circumstances, hundreds of pages to do what several paragraphs in the then existing regulation had successfully done for about eighteen years. The seemingly unstoppable creep of bureaucratic micro-management, despite Government (bi-partisan) policy to the contrary.
But, as you all understand" "Safety is our first priority" ------ the safety of our very lucrative bureaucratic sinecures.
Tootle pip!!
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Cleared, this is the point you be making in your submission - the premise is flawed. CASA must demonstrate there is a case for change rather than making simple assertions. The problem of "mustgoitis" is a well known risk within private flying (unfortunately) in this regard there is nothing special about CSF.
In any event, CASA will ignore the results. As is the usual case (and as happened the previous time the regulatory hydra grew the CSF head) the outcome will be determined by politics. If Angel Flight can again marshal a groundswell of community support to lobby their federal politicians (mainly Coalition members) to preserve the regulatory status quo, the head will be cut off again.
But this time around CASA is banking on the pollies being focussed on other stuff for the next few months.
And we all know what happens each time you cut off one of the Lernean Hydra’s heads...
My favorite flawed premise is the first sentence of the abstract of Dougal Watson's paper Lack of International Uniformity in Assessing Color Vision Deficiency in Professional Pilots:
Color is an important characteristic of the aviation environment. Pilots must rapidly and accurately differentiate and identify colors.