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An aviation researcher, writer, aviation participant, pilot & agricultural researcher. Author of over 35 scientific publications world wide.

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CAR 234 latest target for #casa – #metadata use for this proposal??

Is this the reason #casa want access to metadata??

This is the latest hack at the pilot, this time just blaming #atsb who have identified a safety issue. I believe that this is just another micro-management issue of the aviation industry.

If there is a safety issue about #casa issuing such changes, then basing them on what #atsb have identified.

Remember, #casa have over 2500 non-compliances with #icao in their regulatory set already.

That #casa would put another reg change as:

“……pilot in command of an aircraft for a flight commits an offence of strict liability….”

And the cost is 50 penalty units – over $5000/ offence. In this the operator is not missed and is liable to the same penalty for the same offence.


 

CD 1508OS – Fuel and oil quantity requirements

CASA wishes to advise that CD 1508OS – Fuel and oil quantity requirements is now available for comment.

Regulation 234 of the Civil Aviation Regulations 1988 (CAR) requires the pilot-in-command of an aircraft to take reasonable steps to ensure that the aircraft carries sufficient quantities of fuel and oil for the proposed flight to be undertaken safely. The regulation also requires the operator of an aircraft to take reasonable steps to ensure that an aircraft does not begin a flight unless it is carrying sufficient fuel and oil to allow the flight to be conducted safely.

Australian Transport Safety Bureau (ATSB) reports have revealed incidents and accidents directly related to carriage of insufficient quantities of fuel. CASA proposes to address this safety issue by amending regulation 234 of CAR to provide updated fuel and oil requirements.

The current regulation 234 of CAR allows courts to consider any guidelines provided by CASA when determining whether sufficient fuel and oil were carried on a flight, which includes the guidelines provided in CAAP 234-1(1). While some of the information provided in the CAAP should be read as a requirement empowered by the current regulation 234, other information is advisory in nature. CASA intends to the make clearer the distinction between the regulatory requirements and the guidance material by transferring the requirements for determination of fuel and oil quantity from the CAAP to a proposed legislative instrument.

All comments should be submitted via the Project Leader Glenn Warwick, by close of business 16 March 2016.

View this Consultation Draft on the CASA website:
http://www.casa.gov.au/consultationopen

And the following is the proposal:

1 Regulation 234
Repeal the regulation, substitute:
234 Fuel requirements
(1) For paragraph 98(5A)(a) of the Act, CASA may issue a legislative instrument prescribing requirements relating to fuel for aircraft.
(2) Without limiting subregulation (1), the instrument may prescribe:
(a) matters that must be considered when determining whether an aircraft has sufficient fuel to complete a flight safely; and
(b) the amounts of fuel that must be carried on board an aircraft for a flight; and
(c) procedures for monitoring amounts of fuel during a flight; and
(d) procedures to be followed if fuel reaches specified amounts during a flight.
(3) The pilot in command of an aircraft for a flight commits an offence of strict liability if:
(a) the pilot is subject to a requirement under the instrument made for the purposes of subregulation (1) in relation to the flight; and
(b) the pilot does not comply with the requirement in relation to the flight.
Penalty: 50 penalty units.
(4) The operator of an aircraft commits an offence of strict liability if:
(a) the operator is subject to a requirement under the instrument made for the purposes of subregulation (1) in relation to a flight of the aircraft; and
(b) the operator does not comply with the requirement in relation to the flight.
Penalty: 50 penalty units.