VOCA

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

Categories

Good reads

Oil Prices

#ozaviation

#casa, the regulations and waste of taxpayer dollars

#casa, the regulations and waste of taxpayer dollars

The aviation community has been strongly resisting the improper use of the regulatory reform process, which is to the point of almost regulating #GA, #ozaviation out of existence.

The waste of money (over $250m in a 25 year period + further $89.9m 2010-2014), with what is worse, under the Albanese governance, to sneak in a 4-year allocation of $89.9m.

Departmental head, Mrdak, is complicit in this process, plus the enlightening issues raised of another of his ultimate responsibilities – #asa, which is being brought to account by the Australian Senate.

The comparison of the improper activities unfold, which implicates Mrdak, #asa [AirServices] and #casa [Civil Aviation safety Authority] in the Senate last week in similar activities [ASRR Review by David Forsyth]

The $89.9, which has been continued under Minister truss for a further lengthy period [9-years in total] The use of this money by #casa, has and will ensure that the industry will be further savaged.

Just in the past week, there have been a further five [5] “new changes” for industry comment.

In the past eight months, seventy eight [78] major changes for industry from 1st January 2015 to August [below comments]


That this continues, with no proper endpoint, which is emphasised by Sandy Reith in his letter below:

Good morning all,

Just took a look at ComLaw, Casa regulations., below is a typical piece of the verbiage that is supposed to pass for intelligent rules, any wonder there are hundreds if not thousands of pages.

About twenty years ago #casa snowed us General Aviation operators with surveys of all sorts, a survey frenzy that I saw fit not to comply with. I bundled them up together and posted them to my then local member Greg Hunt and politely suggested that he, with more staff than I, might be able to fill them out and then pass them on to #casa.

The boot on the other foot, as clearly flying school and charter operators were in rapid decline, I tried to find out from #casa what comparative numbers were available. They did not have these numbers.

By the way (I suppose that’s BTW?), I never heard about those surveys again and hence never filled any of them.
A serious suggestion, a bulk purchase of all of #casa’s rules in hard copy and send them to our MP’s and ask them how we are supposed to comply with this red tape monster?

At least a copy to MP Chris Porter who is in charge of red tape reduction, he would be the first recipient.

Sandy

35.001  Airworthiness standards

             (1)  For these Regulations, subject to subregulation (2), the airworthiness standards for an aircraft propeller are as follows:

                     (a)  the airworthiness standards set out in Part 35 of the FARs, as in force from time to time, with the changes provided under this Part; 

                     (b)  the airworthiness standards set out in EASA CS‑P, as in force from time to time, with the changes provided under this Part.

             (2)  An aircraft propeller meets the airworthiness standards for these Regulations if it meets:

                     (a)  the standards mentioned in paragraph (1)(a); or

(b)  the standards mentioned in paragraph (1)(b).


I also wrote a recent letter to the industry after hearing Dick’s presentation.


Paul Phelan has continued in his expose of aviation issues:


In pprune, a regular poster Sunfish, puts it in the following way:

16th Aug 2015, 08:56   #70 (permalink)
Join Date: Aug 2004
Location: Melbourne, Australia
Posts: 5,816

AOTW, sunk costs are irrelevant in accounting terms. There is no logical or economic argument for “finishing the project”, as others have pointed out this has been going on for Twenty years at great expense and much pain and suffering.

What to do?

 Throw it out.
Throw out the management that attempted the project in the first place and throw out the lawyers because the people who got us into this mess [and thus] by definition are not the people to get us out of it since they will automatically pervert any new project.

Buy a copy of the New Zealand Regulations and start from there as a “greenfield” project.

P.S. Please stop with the “sweet reason” arguments implying that #casa people are honest and good with our best intentions in mind.

The reality, judging by the experiences catalogued in the Forsyth review and ad nauseam in PPRuNe as that they are lowlife, vindictive, scum.

Don’t you remember the conclusion of the Forsyth report?

It says: That CASA has lost the trust of the industry.

If draconian penalties are available to #casa, then the current mob will use them to the hilt to cause as much pain and suffering as possible.

To put that another way: There is a long catalogue of deliberate dishonesty, vendettas, persecution, deception, capriciousness, inequity, inefficiency, unfairness and injustice by #casa….and:

You want to give them more power and reduce what little defences we have against these bastards even further???????????

Gobbles Dicks performance at the Senate was unbelievable.

A true grass roots factual account about the state of this industry, spoken by somebody who lives and breathes it! If we were the Middle East Dick would have a bounty on his head about now!

In my honest opinion at age 71 Dick has achieved many milestones and he has probably got achievements galore spilling out of the top drawer, but if I were in Dicks shoes I would rate the senate performance as my number one achievement, the bauble on top of the Xmas tree. Bloody good stuff.

What Dicks performance did was throw the spotlight on MrDaks portfolio and it showed up just how disconnected, inept and out of touch the executives are.

I would go as far as to say it was downright embarrassing for Australian aviation. The arrogance of those beneath the Minister and the murder of part of Australia’s economy – GA, plus the waste of hundreds and hundreds of millions of dollars into regulatory black holes, plus the overall cost to the economy which is believed to be up to 2 billion dollars in 25 years is staggering, and nauseating.

Dick, you earned the Senates respect.

Their body language, tone, facial gestures and general composure spoke lots. They were comfortable, open, engaged and accepting. In other words without even realising it the message they were giving out unconsciously was this:-

Dick, we believe you, we like what you’re saying, we know your not lying, we know that you actually know your stuff backwards, and we don’t detect any obfuscation or bullshit’!


16th Aug 2015, 19:39   #77 (permalink)
Join Date: Jul 2001
Location: Australia
Posts: 2,887
Quote:
Re the legal stuff, I was thinking of the risk acceptance etc associated with Kiwi ‘extreme tourism’ type activities, which (I believe) reduces the issues their operators have with being sued as long as they take reasonable safety related steps. Dunno a lot about it, it’s just what I’ve heard, so as always I’m happy to be corrected where I’m wrong.

Arm,
Actually, the legal framework here is, if anything, better than NZ, but the difference is marginal. Needless to say, I am not referring to aviation legislation.

We have quite a long list of court cases that have supported not paying damages when the person injured was one who voluntarily assumed a risk in a clearly risky enterprise.

Indeed, consumer law here fundamentally allows a business operator in a field of extreme sports or similar activities to contract out of what would otherwise been the normal responsibilities to the consumer.

In 1996, aviation wise, we tool a different tack to the NZers and their Swedavia-McGregor report: and, as a result, the legal framework for the CASA Experimental and Limited Categories rejected an “equivalent safety” approach, in favor of the then Australian Government policy that people should be free to indulge in risky pursuits, but were personally responsible for the outcomes, not CASA.

This is reflected in the current legislation, but needless to say, CASA can’t leave well enough alone, and the outcomes if Part 132 is enacted do not bode well for “Adventure Flying” in Australia, likewise recent CASA intrusion in to other air sports areas that have been successful for many years.

There is quite a regulatory empire being created in the CASA Sports Aviation office, all to address nil real problems, just imagined. Unfortunately, the resultant intrusions and $$$ costs are anything but imaginary.

In the case of Part 132, CASA has turned two (2) simple regulation, that have worked well since 1998 into several hundred pages of regulations and MOS (by the time they are finished) and needless to say, this all addresses no problems, but does it in a manner that provides for the usual costly micro-management and a considerable array of new offenses.

Again, needless to say, without the slightest attempt at justification, let alone cost/benefit justification, and in complete defiance of the present Government red tape cost reduction policy.

Tootle pip!!

LeadSled is offlineReport Post Reply
Old 17th Aug 2015, 07:44   #78 (permalink)
Join Date: Aug 2004
Location: Melbourne, Australia
Posts: 5,816

AOTW:

Quote:
I’m not implying that at all, just saying they’re not all evil arseholes either, and seeing as we’re saying please, please don’t tell me what I should and shouldn’t say. I will use what I believe to be sound and reasoned arguments and not take the easy option of venting, a la Sunfish’s ‘get f%%&ed CASA’ masterpiece on the Part 91 thread! Good reading, but just over the top.

“Sound and reasoned arguments” don’t work when you are dealing with arseholes. I have been through about $60 million worth of “sound and reasoned arguments” with venture capitalists who still want your children’s shoes and a pint of your blood no matter how “sound and reasoned” you care to be – and they talk real nice too. They are basically no different from biker gangs, just with suits and manners. CASA has proved no different judging by the Forsyth review.

“Sound and reasoned” only works when both sides are looking for a win/win outcome and CASA has demonstrated over Two decades at least that they have absolutely no interest whatsoever in “win/win” outcomes which is why it is necessary to rewrite The Aviation Act to make it a requirement that CASA foster the industry.

AS for “good people” being in CASA, so what? The good people aren’t making the decisions. I had a lawyer working for me who was a classic “good people” I eventually had to put him on a tight leash because when he was let loose he turned into an attack dog from hell.

Don’t you understand the concept of “Litigation privilege”? Once CASA is in court or the AAT they can and will do anything and everything to win their case, no matter how underhanded and dishonest it is. “Model litigant” you say? Just ask the victims.

To put that another way, there is nothing “sound and reasoned” about CASAs approach to enforcement or conduct at all.

“Sound and reasoned” has got us precisely no where for Twenty plus years! Skidmore is as I correctly suspected a “nodding donkey” (to use the description of some Lloyds insurance brokers prior to the Piper Alpha disaster) because the senior management of CASA will do everything in their power to resist change and there is an endless supply of ex RAAF officers standing in a queue ready to replace them and continue the embuggerance.

Oh wait! Aren’t we supposed to be improving air safety?

Let me put it this way.

My CASA approved training to fly an aircraft left me simply astonished at the gaps. Once I realised that, I started on a quest to find out what else I didn’t know and there was plenty that I had to remedy, starting with some basic acrobatics training for “recovery from unusual situations”.
However is CASA a resource for any of this? A freindly old Uncle who can point you in the right direction? Even a stern but fair trainer?
Not a hope in hell! I discovered it would be better to kiss a crocodile than have anything to do with CASA beyond the bare minimum required by law because they have produced nothing beyond the VFR Guide that helps me be safer and a whole lot of regulation that does the reverse, and that regulation is backed up by capricious and unfair prosecution.

I would assume, judging by what happened to Dominic James, that the situation for commercial pilots is no different.

Sorry for the rant “Sound and reasoned” argument has proved pointless in dealing with CASA. A New political party or, sadly, a major accident is the only hope of change.

Sunfish is offlineReport Post Reply
Old 17th Aug 2015, 09:22   #7

Latest Consultation Updates

Title Details Date
Draft CAAP 5.23-1(2) – Multi-engine aeroplane operations and training Comments on this draft CAAP are to be forwarded to the Project Leader, Ian Ogilvie by close of business 4 September 2015. 21 August 2015
CAAP 217-1(0) – CAR 217 Flight Crew-Training and checking organisations This CAAP has been published. 20 August 2015
CAAP 30-4(1.4) – Certificate of Approval – Maintenance Organisation This CAAP has been published. 14 August 2015
AC 139-21 v1.0 – Visual segment surface: monitoring requirements and the reporting of obstacles This AC has been published. 14 August 2015
Draft CAAP 37-1(5) – Minimum Equipment Lists (MEL) Comments on this draft CAAP are to be forwarded to the Project Leader, Gus Anderson by close of business 31 August 2015. 14 August 2015
DP 1518CS – Design organisations and approval of modifications and repairs for Australian aircraft All comments should be submitted via the Project Leader, Ben Challender by close of business 11 September 2015. 13 August 2015
CD 1510OS – Civil Aviation Order 48.1 Amendment Instrument 2015 (No.1) All comments should be submitted via the Project Leader, Nick Strange by close of business 2 October 2015. 13 August 2015
CD 1516MS – Proposed amendment to Schedule 5 of CAR 1988 All comments should be submitted via the Project Leader, Ben Challender by close of business 28 August 2015. 13 August 2015
CD 1511OS – Part 91 of CASR and associated MOS for general operating and flight rules All comments should be submitted via the Project Leader, Stuart Jones by close of business 6 October 2015. 11 August 2015
Project SS 99/05 – Approved Self-Administering Aviation Organisations Project approved in 2000. 8 August 2015
AC 21-35(1.1) – Calibration of inspection and test equipment This AC has been updated. 3 August 2015
Part 147 Acceptable Means of Compliance (AMC) and Guidance Material (GM) This AMC/GM has been published. 30 July 2015
2nd Consultation on CD 1310SS – Provision of Group ratings covering small aircraft maintenance All comments should be submitted via the Project Leader, Mick McGill by close of business 31 July 2015. 17 July 2015
AC 66-6 v1.3 – Part 66 Licensing and The Trans-Tasman Mutual Recognition Act 1997 This AC has been published. 15 July 2015
CD 0712MS – Display of nationality marks, registration marks and aircraft registration identification plates All comments should be submitted via the Project Leader, Jurgen Schob by close of business 3 August 2015. 6 July 2015
Draft AC 21-34 v1.0 – Aircraft flight manuals All comments should be sent to the Project Leader, Ben Challender by close of business 8 July 2015. 24 June 2015
Final AC 21-45 v2.2 – Airworthiness approval of airborne automatic dependent surveillance broadcast equipment This AC has been published. 23 June 2015
CAAP 104-1(1.1) – Maintenance of Warbird, Historic and Replica aircraft This CAAP has been published. 23 June 2015
CAAP 50A/B-1(1.1) – Aircraft Log Books and Alternate to Aircraft Log Books This CAAP has been published. 23 June 2015
CAAP 30-4(1.3) – Certificate of Approval – Maintenance Organisation This CAAP has been published. 23 June 2015
Amended Acceptable Means of Compliance (AMC) / Guidance Material (GM) – CASR Part 66 – Continuing Airworthiness – Aircraft Engineer Licences and Ratings Amended Acceptable Means of Compliance (AMC) / Guidance Material (GM) – CASR Part 66 – Continuing Airworthiness – Aircraft Engineer Licences and Ratings 19 June 2015
Project OS 11/48 – Simulator Cyclic Training and Proficiency Programs – Development of CAAP 217-1(0) and Amendment to CAOs 40.1.5 and 40.2.1 This project is now closed
Refer to the project closure notes for further information.
16 June 2015
CD 1513CS – Proposed amendment to regulation 90.255 All comments should be submitted via the Project Leader, Mark Bathie by close of business 30 June 2015. 12 June 2015
CD 1512MS – Miscellaneous minor amendments to the Part 66 Manual of Standards (MOS) All comments should be submitted via the Project Leader, Michael McGill by close of business 23 June 2015. 9 June 2015
DP 1507OS – Regulatory packaging of firefighting activities within CASR Part 137 aerial application and CASR Part 138 aerial work operations All comments should be sent to the Project Leader Damien Fing by close of business 30 July 2015. 9 June 2015
Draft AC 139-21 v1.0 – Visual segment surface: monitoring requirements and the reporting of obstacles All comments should be sent to the Project Leader, Darren Angelo by close of business 17 June 2015 3 June 2015
Draft CAAP 217-1(0) – CAR 217 Flight Crew-Training and checking organisations Comments on this draft CAAP are to be forwarded to the Project Leader, John Frearson by close of business 12 June 2015. 29 May 2015
Consultation Draft – CD 1517MS – Extension of CASA basic examinations until June 2019 – Proposed Part 66 MOS Amendment Comments to this Consultation Draft close 25 June 2015. 28 May 2015
Project MS 14/05 – Amendment to Civil Aviation Order (CAO) 100.27 – Non-destructive testing authority and associated guidance material to align information with the Australian Standard AS 3669 – NDT testing – qualification and approval of personnel – Aero This project is now closed
Refer to the project closure notes for further information.
25 May 2015
AC 21-18 v1.0 – Design and maintenance of containers: transportation of live aquatic animals using compressed oxygen or compressed air This AC has been published. 22 May 2015
Project FS 15/02 – Post-implementation review of the Flight Crew Licensing regulations – Parts 141 and 142 Project approved. 22 May 2015
CAAP 30-4(1.2) – Certificate of Approval – Maintenance Organisation This CAAP has been published. 20 May 2015
AC 21-21 v1.0 – Aircraft production – flight test considerations This AC has been published. 18 May 2015
AC 21-24 v1.0 – Flight recorder and underwater locating device maintenance This AC has been published. 18 May 2015
AC 21-19 v1.0 – Aircraft modification – flight test considerations This AC has been published. 18 May 2015
FS 99/02 – CASR Part 61: Flight crew licensing This project is now closed
Refer to the project closure notes for further information.
13 May 2015
CD 1423MS – Proposed amendments to CAO 100.5 – General requirements in respect of maintenance of Australian aircraft All comments should be submitted via the Project Leader, Gustav Anderson by close of business 29 April 2015. 14 April 2015
Project OS 99/42 – Aerial Agriculture Operations (excluding those covered by Part 133) This project is now closed
Refer to the project closure notes for further information.
9 April 2015
CS 13/27 – Review the requirements for the calibration for certain aircraft instruments when the aircraft is operating under the Visual Flight Rules This project is now closed
Refer to the project closure notes for further information.
8 April 2015
Draft AC 21-24 v1.0 – Flight recorder and underwater locating device maintenance All comments should be sent to the Project Leader, Jayson Rowe by close of business 22 April 2015. 8 April 2015
AC 145-5 v1.3 – Implementation procedures for the technical arrangement on aviation maintenance between CASA and CAAS This AC has been published. 31 March 2015
CAAP 30-4(1.1) – Certificate of Approval – Maintenance Organisation This CAAP has been published. 26 March 2015
Project OS 14/01 – Night Visual Flight Rules – amendment to require a discernible external horizon during flights under NVFR This project is now closed
Refer to the project closure notes for further information.
26 March 2015
Draft AC 21-19 v1.0 – Aircraft modification – flight test considerations All comments should be sent to the Project Leader, Ben Challender by close of business 10 April 2015. 25 March 2015
Project CS 13/21 – Amendment to Advisory Circular AC 21.15(1) – Supplemental Type Certificates This project is now closed
Refer to the project closure notes for further information.
25 March 2015
Draft AC 21-21 v1.0 – Aircraft Production – Flight Test Considerations All comments should be sent to the Project Leader, Ben Challender by close of business 13 April 2015. 25 March 2015
CD 1310SS – Civil Aviation Legislation Amendment (Part 66) Regulation 2015 All comments should be submitted via the Project Leader, Mick McGill by close of business 14 April 2015. 25 March 2015
NFRM 1418OS – Night visual flight rules This NFRM has been published. 24 March 2015
AC 21-15 v3.0 – Supplemental Type Certificates This AC has been published. 24 March 2015
CD 1427MS – Proposed amendments to CAO 100.96 – Administration and procedure – weight control of balloons and CAO 100.7 – Administration and procedure – weight control of aircraft All comments should be submitted via the Project Leader, Zac Kennedy by close of business 10 April 2015. 23 March 2015
AC 45-01(2.1) – Nationality and Registration Marks This AC has been published. 17 March 2015
CD 1505CS – Part 21 amendments for the issue of a manual of standards All comments should be submitted via the Project Leader, Ben Challender by close of business 31 March 2015. 17 March 2015
Project CS 13/24 – Development of advisory material regarding approval of design of modifications and repairs to aircraft and aeronautical products This project is now closed
Refer to the project closure notes for further information.
16 March 2015
CD 1503MS – Administrative update to Part 60 of CASR and Part 60 MOS All comments should be submitted via the Project Leader, Glen Steemson by close of business 30 March 2015. 16 March 2015
AC 21-12 v1.0 – Classification of design changes This AC has been published. 16 March 2015
AC 147-2 v5.3 – Approved Part 147 Training Organisations This AC has been published. 23 February 2015
AC 21-08 v1.0 – Approval of modification and repair designs under Subpart 21.M This AC has been published. 20 February 2015
Project AS 14/02 – Miscellaneous Changes to MOS Part 139 – Aerodromes This project is now closed
Refer to the project closure notes for further information.
19 February 2015
Project AS 12/17 – Review the use of terms in MOS Part 139 – Aerodromes – use of “if practicable”, where “physically practicable” and “where determined necessary or similar words” This project is now closed
Refer to the project closure notes for further information.
19 February 2015
CAAP 48-1(1) – Fatigue Management for Flight Crew Members This CAAP has been published. 18 February 2015
Project AS 11/14 – Post Implementation Review of MOS Part 139 – Aerodromes – Chapters 1 & 2 This project is now closed
Refer to the project closure notes for further information.
18 February 2015
Project AS 10/14 – Post Implementation Review of Chapter 6, Manual of Standards Part 139 – Aerodromes This project is now closed
Refer to the project closure notes for further information.
18 February 2015
Project OS 11/48 – Proposed amendments to CAO 82.0 – Extended Diversion Time Operations (EDTO). This project is now closed
Refer to the project closure notes for further information.
16 February 2015
Project CS 15/01 – Weight and Balance – Airships Project approved. 16 February 2015
Project MS 13/16 – Proposed Instrument to mandate inspection of Control Cable Assemblies with terminals manufactured from SAE-AISI 303 Se stainless steel This project is now closed
Refer to the project closure notes for further information.
16 February 2015
Project MS 14/11 – Knowledge retainment through CAO to ATSO conversion This project is now closed
Refer to the project closure notes for further information.
11 February 2015
AC 91.U-04 v1.0 – Airworthiness requirements for performance based navigation This AC has been published. 11 February 2015
Project AS 08/05 – CASR Part 175 – Aeronautical information management This project is now closed
Refer to the project closure notes for further information.
11 February 2015
Project SS 14/17 – Amendment to Part 47 of CASR to enable operation of International Interests in Mobile Equipment (Cape Town Convention) Act 2013 This project is now closed
Refer to the project closure notes for further information.
11 February 2015
CAAP 104-1(1) – Maintenance of Warbird, Historic and Replica aircraft This CAAP has been published. 9 February 2015
CD 1417SS – Proposed amendments to CAO 100.16 All comments should be submitted via the Project Leader, Mike Broom by close of business 20 February 2015. 30 January 2015
NPRM 1306OS – Regulatory requirements for scenic flights in small aircraft All comments should be submitted via the Project Leader, Mick English by close of business 16 April 2015. 22 January 2015
Draft AMC/GM Part 66 – Continuing airworthiness – aircraft engineer licences and ratings Comments on this draft AMC/GM CASR Part 66 should be forwarded to the Project Leader, Mick McGill by close of business 9 February 2015. 19 January 2015
NFRM 1203OS – Extended diversion time operations This NFRM has been published. 15 January 2015
NFRM 1303MS – Airworthiness Directive to mandate retirement of primary flight control cable assemblies This NFRM has been published. 14 January 2015
Consultation Draft – CD 1424AS – MOS Part 173 – instrument flight procedure design All comments should be submitted via the Project Leader, Martin Chalk by close of business 11 February 2015. 13 January 2015
NFC 139/05 – Aerodromes This NFC has been published. 12 January 2015
NFRM 0901AS / 1402AS – Aeronautical Information Management This NFRM has been published. 8 January 2015
Draft AC 91.U-04 v1.0 – Airworthiness requirements for performance based navigation All comments should be sent to the Project Leader, Philip Khan by close of business 21 January 2015. 7 January 2015
NFRM 1320AS – Navigation authorisations This NFRM has been published. 6 January 2015

4 comments to #casa, the regulations and waste of taxpayer dollars