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Dick Smith exposes correspondence with #casa

Dick Smith exposes correspondence with #casa

The truth behind correspondence between operators and #casa is evident from this foray into “snail-mail” by Dick Smith. All operators, pilots and owners have had correspondence like this, where Boyd “….thanks Dick…..”:

Your assistance in helping to share this message is greatly appreciated, along with CASA’s thanks to everyone who took time to help shape and refine the new regulations.

But as we all know, it is impossible to reply to the vast array of changes, that emanate from #casa. Most have given up as when they do make a comment or draw #casa’s attention to an important matter, there is:

  • No reply;
  • No acknowledgement;
  • No inclusion of the matter.

Part 61 is a good example of a regulation that won’t work and those who it is directed at, are unable to comply. Senator Xenophon has rejected one Part already, we call for the rejection of Part 91 as well.

In the matter of part 91, as Dick Smith points out, there is no:

  • Proper costing of effect;
  • Clear and effective regulation [despite in-progress for 15 years]

Further, there is a clear “….waste of taxpayer’s dollars…”, and a funding stream which the industry cannot compete against to a “…corrupt regulator….”.


 

To              Peter Boyd

Executive Manager, Standards Division, CASA

From        Dick Smith

Re              Your Email of 12 August 2014 entitled, “Consolidated General Operating and Flight Rules (Part 91) Published for Public Review”.

Dear Peter

I refer to a general email of 12 August 2014 entitled, “Consolidated General Operating and Flight Rules (Part 91) Published for Public Review”  (see below).

Peter, it really worries me when you say that Part 91

“has been developed as part of CASA’s regulation reform program, which aims to enhance aviation safety, address known risks and maintain the reputation of Australia’s aviation industry as one of the safest in the world.  Specifically, Part 91 aims to address feedback from the aviation community that the current general operating and flight rules are considered difficult to interpret and comply with”.

Peter, as a former Chairman of the Civil Aviation Authority who started the reform program under a very capable ex-RAAF member, Ron Cooper,  I can assure you that the reason for the change was incredibly simple and that was, “to remove every unnecessary cost”.   This seems to be completely omitted from your explanation of why we are going to Part 91.

General operating flight rules throughout the world, even in the USA, are difficult to interpret.

Can you advise me why there is no mention of cost?

Do you understand what is going on “out there” in the aviation industry at the moment?

I realise CASA has had a staggering injection of funds over the last three or four years and you have had a major increase in staff numbers, however out there in the general aviation industry the opposite is happening.  There is less money available, businesses are hurting and many are going broke and closing down.

I cannot work out how Part 91 could be worked on for more than fifteen years and a person in your position not be mentioning that it is being driven by the unnecessarily high costs in Australia that are destroying a viable industry.

Can I ask you if it has ever been mentioned to you in your capacity as Executive Manager, Standards Division of CASA, that the whole reform program was begun in order to remove unnecessary cost and not for any other reason?

I look forward to your urgent advice on this.

Regards

Dick

 Dick Smith

Phone +61-2-9450 0600 business hours

PO Box 418, Terrey Hills

Sydney   NSW   2084   Australia


 

From: BOYD, PETER
Sent: Wednesday, 12 August 2015 4:34 PM
Subject: Consolidated general operating and flight rules (Part 91) published for public review

UNCLASSIFIED

I am writing to let you know that the new general operating and flight rules package is now in the final stage of becoming law and has been published for public review. I would also like to seek your assistance in sharing this information with your members.

As you are aware, the consolidated rules – made up of some new and current regulatory provisions contained in the Civil Aviation Regulations and Civil Aviation Orders – will now all be contained in Part 91 of the Civil Aviation Safety Regulations. Once in place they will form the foundation for all civil aviation flight operations, much like the ‘rules of the road,’ and will apply to all pilots, aircraft owners and operators, people who fuel and handle aircraft, loading personnel, air display organisers and air traffic services.

Part 91 has been developed as part of CASA’s regulation reform program, which aims to enhance aviation safety, address known risks and maintain the reputation of Australia’s aviation industry as one of the safest in the world. Specifically, Part 91 aims to address feedback from the aviation community that the current general operating and flight rules are considered difficult to interpret and comply with.

CASA has engaged widely on the changes, beginning with significant consultation in 2011 which generated 503 comments from 32 organisations and individuals. This feedback was used to develop the regulations further before more extended consultation was undertaken. This included ongoing conversations with industry, as well as internal involvement from CASA’s operations teams. This month, CASA conducted a two-day workshop with industry representatives on the Standards Consultative Committee to discuss the final rules.

Based on the comments and suggestions provided to CASA, a significant number of changes have been made to the proposal over the duration of its development. For example, comments were made about a pilot in command having to report an in-flight emergency to air traffic services where the rule stated that it was an offence not to do so. The view was that this was not always possible and, as a result, the rule was redrafted to apply only if it was practical for this to occur. Another example was the rule relating to landing, taking off and manoeuvring at aerodromes where an operation is not restricted to runways, which was considered outdated and has been removed.

For a comprehensive summary of changes, please refer to the Part 91 exposure draft.

Part 91 will be formally made once the rules have been signed off by the Governor-General. CASA will then work with the aviation community to develop a detailed implementation plan, including a proposed commencement date and appropriate transition arrangements. To ensure everyone is well informed and ready for the introduction of the new flight operations rules, CASA will also be providing comprehensive guidance material. This will include a Part 91 Manual of Standards (MOS) and plain-English information sheets where required, making it easier to understand the requirements. The draft MOS has also been published on the CASA website and will be further developed before it is finalised. We welcome your comments during this process.

CASA is keen to ensure that the rules operate in practice as they are designed to. Minor changes may appear in the final version of Part 91 on that basis. We have listened to what you told us and incorporated your suggestions where possible, however if you have additional comments for consideration in future reviews, please email project leader Stuart Jones by close of business, 6 October 2015.

Your assistance in helping to share this message is greatly appreciated, along with CASA’s thanks to everyone who took time to help shape and refine the new regulations.

You can view the Part 91 exposure draft and draft Part 91 MOS on the CASA website.

Regards

 

Peter Boyd

Executive Manager, Standards Division

Civil Aviation Safety Authority (CASA)

Ph:  02 6217 1534

Email: peter.boyd@casa.gov.au

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