Conniptions and Kittens.
"If you can bear to hear the truth you’ve spoken
Twisted by knaves to make a trap for fools,"
I don’t imagine for a moment that old mate Kipling would understand the CASA ‘mentality’. Back in his day, there was, no doubt about it – wrong’uns – but they had to mind their P&Q’s, for the punishment was severe for those who overstepped the bounds. Not so today when it’s the ‘wrong-un’s’ who write, interpret, manipulate and enforce ‘their’ version of what is deemed (by their lights) to be right and wrong. That which probably is fair and reasonable can be and often is twisted to suit the purpose. Civil Aviation Regulation 206 being a classic example.
It is, even in the beginning, not a very good law. The spirit and intent was honourable enough; but, it has caused many a headache over the decades, particularly when ‘non legal’ folk (on both sides) decide that ‘they’ have the right of it.
CAR 206 was primarily invoked to protect the ‘two airline’ system. In it’s infancy airline transport operators needed all the help they could get, big country, few people etc. Not much has really changed, we still only have two ‘big’ operators. But what of the rest?
Secondary airlines (for wont of better) such as Rex also benefit from the protection offered; which is fair enough. It takes time and costs a shed load of money to provide paying passengers with the equivalent level of ‘safety’ expected from an ‘airline’ system.
So you can see the CASA problem; it is politically and operationally unacceptable to have half baked, fly-by-night operations carting the unsuspecting public about the country side. So the operations CASA licence need a level of, let’s call it ‘oversight’ to assure the public that travel by air, on a commercial basis is as safe and legally compliant as it can be. The insurance fellah’s demand this and the travelling public expect it. All this fair enough and pretty much accepted as world wide practice.
Down stream from the ‘big guns’ are the charter (air taxi) operators. For these operators there were, in the beginning a choice of two philosophies available to CASA. One, being the difficult ‘approval’ process’ with high costs, delays, endless words in manuals. The other, (which IMO would have been a better choice) was easier entry and approval with heavy surveillance and CASA involvement in development of ‘standards’ and practices (enter the twin daemons ‘discretion’ and ‘liability’). The thing which (IMO) bothers CASA (and industry) the most is the idea that an operation is beyond their control.
The holder of an Air Operator Certificate (AOC) and the operations conducted are tightly controlled. Let me try to explain; let’s visit the offices of DUCK air Services. One day a fellah walks in to see the boss; he wants to buy an aircraft for his own use, but needs to offset the operating costs – in short, he wants the aircraft put to work. This can be and often is done, quite legally and safely. DUCK applies to have the aircraft type included in their certification; jump through the CASA hoops and, with luck, time patience and money – the aircraft becomes available for use. Not an easy process – but it can be and is done – quite often.
What would give the Chief pilot (DUCK AS) conniptions and cause CASA to have kittens is if the boss said (or worse, failed to mention) that Joe Bloggs, two towns over was running commercial operations with his own aircraft, cast and crew under the DUCK banner and simply paying a fee for the ‘use’ of the DUCK certification. Borrowed or hired AOC?
Rather than solve the chicken and egg problem, throw 206 in the bin where it belongs and adopt some modern rule sets which resolve the problem, CASA have persisted with DIY rule making and made a royal pig’s ear of the thing. Proof of this is clear and visible in parts 61, 141 and 142. The same ‘thesis’ exploration and PhD clap trap is about to create more headache and heartbreak through part 135.
What (IMO) CASA cannot let go of is the ‘mystique’ of law and the academic wrangling over the minutia, which allows the knaves to twist the written word and parlay it into criminal charges on a whim; or a mission; or a personal grudge. For thirty years we have been waiting for reformed, sensible rules with which we can willingly comply. God’s only know the real cost in dollars; it begs the question. Did we get value for money?
The ‘practical’ problems for CASA are as simple and as old as the aviation game itself. The real aviation nations, close by, NZ, PNG and half the Pacific Islands resolved these issues many moons ago. Simple rules for simple problems open the gates for investment; ease of market entry promotes competition; good surveillance and audit keep the buggers honest; and, a regulator you can actually talk matters aeronautical through with would be a gift from the Gods – or a minister with half a brain. Alas……we remain well and truly………
![[Image: 49642eb9c1760877a8592161bc4dea93--duck-t...ations.jpg]](https://i.pinimg.com/474x/49/64/2e/49642eb9c1760877a8592161bc4dea93--duck-tape-art-illustrations.jpg)
Toot – toot.
"If you can bear to hear the truth you’ve spoken
Twisted by knaves to make a trap for fools,"
I don’t imagine for a moment that old mate Kipling would understand the CASA ‘mentality’. Back in his day, there was, no doubt about it – wrong’uns – but they had to mind their P&Q’s, for the punishment was severe for those who overstepped the bounds. Not so today when it’s the ‘wrong-un’s’ who write, interpret, manipulate and enforce ‘their’ version of what is deemed (by their lights) to be right and wrong. That which probably is fair and reasonable can be and often is twisted to suit the purpose. Civil Aviation Regulation 206 being a classic example.
It is, even in the beginning, not a very good law. The spirit and intent was honourable enough; but, it has caused many a headache over the decades, particularly when ‘non legal’ folk (on both sides) decide that ‘they’ have the right of it.
CAR 206 was primarily invoked to protect the ‘two airline’ system. In it’s infancy airline transport operators needed all the help they could get, big country, few people etc. Not much has really changed, we still only have two ‘big’ operators. But what of the rest?
Secondary airlines (for wont of better) such as Rex also benefit from the protection offered; which is fair enough. It takes time and costs a shed load of money to provide paying passengers with the equivalent level of ‘safety’ expected from an ‘airline’ system.
So you can see the CASA problem; it is politically and operationally unacceptable to have half baked, fly-by-night operations carting the unsuspecting public about the country side. So the operations CASA licence need a level of, let’s call it ‘oversight’ to assure the public that travel by air, on a commercial basis is as safe and legally compliant as it can be. The insurance fellah’s demand this and the travelling public expect it. All this fair enough and pretty much accepted as world wide practice.
Down stream from the ‘big guns’ are the charter (air taxi) operators. For these operators there were, in the beginning a choice of two philosophies available to CASA. One, being the difficult ‘approval’ process’ with high costs, delays, endless words in manuals. The other, (which IMO would have been a better choice) was easier entry and approval with heavy surveillance and CASA involvement in development of ‘standards’ and practices (enter the twin daemons ‘discretion’ and ‘liability’). The thing which (IMO) bothers CASA (and industry) the most is the idea that an operation is beyond their control.
The holder of an Air Operator Certificate (AOC) and the operations conducted are tightly controlled. Let me try to explain; let’s visit the offices of DUCK air Services. One day a fellah walks in to see the boss; he wants to buy an aircraft for his own use, but needs to offset the operating costs – in short, he wants the aircraft put to work. This can be and often is done, quite legally and safely. DUCK applies to have the aircraft type included in their certification; jump through the CASA hoops and, with luck, time patience and money – the aircraft becomes available for use. Not an easy process – but it can be and is done – quite often.
What would give the Chief pilot (DUCK AS) conniptions and cause CASA to have kittens is if the boss said (or worse, failed to mention) that Joe Bloggs, two towns over was running commercial operations with his own aircraft, cast and crew under the DUCK banner and simply paying a fee for the ‘use’ of the DUCK certification. Borrowed or hired AOC?
Rather than solve the chicken and egg problem, throw 206 in the bin where it belongs and adopt some modern rule sets which resolve the problem, CASA have persisted with DIY rule making and made a royal pig’s ear of the thing. Proof of this is clear and visible in parts 61, 141 and 142. The same ‘thesis’ exploration and PhD clap trap is about to create more headache and heartbreak through part 135.
What (IMO) CASA cannot let go of is the ‘mystique’ of law and the academic wrangling over the minutia, which allows the knaves to twist the written word and parlay it into criminal charges on a whim; or a mission; or a personal grudge. For thirty years we have been waiting for reformed, sensible rules with which we can willingly comply. God’s only know the real cost in dollars; it begs the question. Did we get value for money?
The ‘practical’ problems for CASA are as simple and as old as the aviation game itself. The real aviation nations, close by, NZ, PNG and half the Pacific Islands resolved these issues many moons ago. Simple rules for simple problems open the gates for investment; ease of market entry promotes competition; good surveillance and audit keep the buggers honest; and, a regulator you can actually talk matters aeronautical through with would be a gift from the Gods – or a minister with half a brain. Alas……we remain well and truly………
Toot – toot.