[Peetwo]

Duck 149, via AOPA Oz - 


From Ben Morgan:

AOPA PILOT AUSTRALIA

DIGITAL EDITION - 28TH JUNE 2019

https://aopa.com.au/digital-edition-28th-june-2019/

AOPA Australia Members & Industry Supporters,

It’s been another dramatic week in general aviation with six of the industry’s nine sport aviation bodies communicating a clear rejection of CASA’s Part 149 Self-Administration aspirations to the Director of Aviation Safety Mr Shane Carmody.

The groups rejection of Part 149 comes off the back of CASA’s release of AC 149-01 v1.0, which spells out plainly the full scope of strict liability and costs about to be thrust onto the new Part 149 Self Administrations and ultimately their members.

At it’s very core CASA’s Part 149 is seeking to transform the very fabric of our member-based aviation associations, who’s purpose has been to protect members whilst fostering the growth and development of the various sectors, into privatised legislated co-regulators, putting them in conflict with their members.

That’s right, our associations are on a pathway to become privatised versions of CASA with all the trimmings. CASA Pty Ltd – the new and improved regulator where aircraft owners and pilots get to pick up the bill!

No longer happy with just one tax-payer funded regulator that receives $300 million per year to manage the industry’s regulatory needs, we are now on track to create multiple privatised regulators – one for each sector or more! Only in Australia, could this madness ever be taken seriously.

It’s time for a big wake-up call – before it’s too late.

Under Part 149 Self Administration the primacy of the organisation becomes the safe regulation and operation of its members, accepting full strict liability and all costs associated with managing itself within the legislation. The organisation becomes responsible for member surveillance and becomes directly involved in the enforcement of member activities and proceedings.

Be under no illusions, Part 149 Self Administration is the wholesale privatisation sell-off of your rights as an aircraft owner and pilot. And, whilst the glossy marketing is out there promising a de-regulated future with relaxed rules and freedom, the end result will be anything but. What you will get is costs, more costs and then some more costs.

Think it’s far-fetched? How well did privatisation work with our airports?

The new Part 149 Self Administration committees, boards or national councils will be forced to transform themselves into liability and risk mitigation zealots, seeking out all and any opportunity to cover their backsides and personal assets against the potential for litigation as a result of injury or fatality within the membership. This new focus will be driven by nervous insurers who will be seeking to avoid the prospect of a payout and an eager regulator who is always keen to make an example of a person who breaches strict liability.

The prospect of time behind bars is an awfully compelling motivator.

The consequence of the above is that it will become hard to find persons to volunteer as a director, given the exposure to risk. Subsequently, Part 149 Self Administration organisations will be forced to transition to paid board positions, along with retaining significant insurance policies and premiums. Ultimately more costs.

The outlook for Part 149 Self Administration CEO’s and management is also not much better, they too will soon find themselves being tasked by their boards to identify and safeguard against any and all liability risks. The result will be the vast reshaping of each organisation to encompass a greater operational structure and overhead introducing further costs, along with a dramatic reduction in privileges’ as they seek to lower risk.

And, given that blame usually rolls downhill and away from boards in a time of crisis, we can expect to see a dramatic rise in CEO and management remuneration costs, as Part 149 Self Administration organisations struggle to resource persons willing to accept the risks involved.

Regardless of which part of the industry you are involved in, under Part 149 Self Administration the outcome will be the same; Higher Costs + Less Freedom = Lower Risk.

The only future that can safeguard the success of the entire general aviation industry – regardless of what you fly – whilst affording aircraft owners and pilots the greatest degree of freedom, is one managed under a central reformed government regulatory system. Rather than creating division, the industry’s associations should be standing together, demanding that CASA do the job for which it is payed $300 million each year to perform.

We do not need to subject aircraft owners and pilots to higher costs and less freedoms to achieve meaningful change and outcomes.

Best regards,

BENJAMIN MORGAN
AOPA Australia Executive Director

And Sandy's comment in reply:

Ben is correct, the future of GA is at stake and the current CASA direction is wrong. 

Consider and compare the rules and administration of road transport with that of aviation. 

Road rules, straightforward, understandable and uncontroversial. Graduated to cater for the many different users. A (state by state) Department of Transport and Roads promulgates the regulations. Separately police see to the enforcement. Separately the judiciary judges cases brought by the police. A tried and true system that works, part and parcel of our democracy. Not perfect but easily the best system yet devised. 

Now aviation, CASA, an independent Commonwealth corporate with effective power of judge, jury and executioner. A vast compilation of unworkable rules which Parliament has unfortunately rubber stamped into existence as part of the criminal code with strict liability level of proof. CASA being a corporate body, unlike a government department, can be sued and so has a strong motivation to reduce risk to itself. Being independent it has little direct allegiance back to the general public, let alone the General Aviation community. It exists in a Canberra cocoon, barely disturbed by it’s Minister who tries to keep his distance. The Minister issues a Statement of Expectations which is his paltry official direction to CASA. A statement which is little more than the broadest of ‘motherhood’ statements and therefore meaningless. 

But wait, there’s more. Now CASA wants to distance itself, to reduce it’s workload and responsibilities in favour of it’s new version of aviation administration by a series of government sponsored private companies. 

Can you imagine the chaos on the roads if this model were repeated into the administration, regulation and policing of our road rules?  Separate companies controlling the trucking sector, sports vehicles, motorcycles, agricultural vehicles, motor homes, bicycles and so on. Each monopoly body with its board and executive vying for membership, pushing up fees to pay higher salaries and devising ever more complex rules to insulate its self from liability.  

We can’t sit back and watch our flying freedoms and the pursuit of our aviation activities evaporate before our very eyes. Ring write or otherwise contact your local federal MPs and Senators. Join a political party. Band together some friends, organise and make a deputation, our MPs are our representatives, that is why we pay them. 

 
MTF...P2