05-15-2020, 01:41 PM
Industry MOS 138 concerns - Part II
Via FB:
NQ Aviation Services
· 19 hrs ·
Today I received a response from Shane Carmody in relation to my request to suspend Part 138 and any new regulation, to give industry a chance to deal with and recover from COVID 19 or to extend the consultation period for Part 138 MOS. You can read his response for yourselves!!
![[Image: 97951598_2037201429738497_97686252303679...e=5EE2E5F9]](https://scontent-syd2-1.xx.fbcdn.net/v/t1.0-9/97951598_2037201429738497_97686252303679488_n.jpg?_nc_cat=106&_nc_sid=110474&_nc_ohc=zBLaAAX7jc4AX9GHR2A&_nc_ht=scontent-syd2-1.xx&oh=824f8490e8e9935a19097abe0fd7a08f&oe=5EE2E5F9)
And via AMROBA:
Government Policy are not Regulatory Impositions
Australians have an underlying distrust in government departments and agencies to implement Government policy and guidelines unless they are made a legislative requirement they must comply with and therefore accountable. Industry regulatory requirements makes industry accountable. Time these government entities joined the rest of Australians. These kind of government double-speak mean little based on the regulations and standards that reduces freedoms & increases regulatory burden.
Compare CASA’s latest CASR Part 138 Manual of Standards which has grown from 34 pages to 120 that sees the imposition of additional layers of bureaucracy, compliance and cost, with no obvious safety outcomes.
It belies reason that amidst a pandemic, an exceptionally difficult operational environment and period of uncertainty, that CASA has now seen fit to enter into a consultation period, 10 years in the making, allowing a five week window for Operators, under pressure to respond to regulatory information that has grown in excess of four times its original size, without clarity or reason.
Example: CASR Part 138 Consultation
What is even more concerning is the apparent disregard by CASA, of the recommendations of their Technical Working Group, as reported from their most recent meeting on 12th march 2020?
Quote from the CASA Website: Technical Working Groups may be established by the ASAP for referring specific issues within an industry sector, subject matter or domain for advice. CASA may also establish Technical Working Groups to provide us with input on specific technical issues and proposals. In these cases the ASAP will be requested by CASA to endorse the Technical Working Group so there is transparency in the collaborative work conducted by CASA and Industry representatives.
The Technical Working Group for Part 138 do not endorse the Manual of Standards that has now been published for consultation, yet CASA, despite looking to TWG’s for advice and guidance on industry specific issues, seems to be pursuing its’ own objectives.
This totally demonstrates that until government makes legislation that enforces the public services to follow their guidance, liberalisation will continue to be restricted by regulatory burden. The opposite to the government’s policy and guidelines.
MTF...P2
Via FB:
NQ Aviation Services
· 19 hrs ·
Today I received a response from Shane Carmody in relation to my request to suspend Part 138 and any new regulation, to give industry a chance to deal with and recover from COVID 19 or to extend the consultation period for Part 138 MOS. You can read his response for yourselves!!
And via AMROBA:
(05-15-2020, 01:32 PM)Peetwo Wrote: AMROBA Newsletter: Volume 17 Issue 04-5 (March-April 2020)
Quote:Contents
1. Recovery will be hard
Aviation will not be as it was for quite some time. Many of the older aviation experienced generation will not be around when it does recover. The path to recovery will have its effect on those experienced aviators who remain to assist the recovery. Recover we will, but it might be with new operators and organisations.
2. Safety, Innovation & Business Growth.
Properly written principle-based regulations and devolvement of powers for business to self-assess and grow is extremely important. By all means, cost effectively control the entry of a business into an aviation sector, but post that period, the growth of the business is the responsibility of the business and its accountable manager.
Government Policy are not Regulatory Impositions
Australians have an underlying distrust in government departments and agencies to implement Government policy and guidelines unless they are made a legislative requirement they must comply with and therefore accountable. Industry regulatory requirements makes industry accountable. Time these government entities joined the rest of Australians. These kind of government double-speak mean little based on the regulations and standards that reduces freedoms & increases regulatory burden.
Compare CASA’s latest CASR Part 138 Manual of Standards which has grown from 34 pages to 120 that sees the imposition of additional layers of bureaucracy, compliance and cost, with no obvious safety outcomes.
It belies reason that amidst a pandemic, an exceptionally difficult operational environment and period of uncertainty, that CASA has now seen fit to enter into a consultation period, 10 years in the making, allowing a five week window for Operators, under pressure to respond to regulatory information that has grown in excess of four times its original size, without clarity or reason.
Example: CASR Part 138 Consultation
What is even more concerning is the apparent disregard by CASA, of the recommendations of their Technical Working Group, as reported from their most recent meeting on 12th march 2020?
Quote:'Whilst not endorsing the MOS, the TWG acknowledges that it will need to go out for public consultation for CASA to receive broader industry feedback. The TWG also noted that the risk of conducting public consultation with the MOS in its current form is that respondents may find the MOS too complex to understand. The TWG recommended that the public consultation be structured in a way that will enable respondents to more easily provide feedback. It was also recommended that that the public consultation asks industry for feedback on aspects of the structure of the MOS'.
Quote from the CASA Website: Technical Working Groups may be established by the ASAP for referring specific issues within an industry sector, subject matter or domain for advice. CASA may also establish Technical Working Groups to provide us with input on specific technical issues and proposals. In these cases the ASAP will be requested by CASA to endorse the Technical Working Group so there is transparency in the collaborative work conducted by CASA and Industry representatives.
The Technical Working Group for Part 138 do not endorse the Manual of Standards that has now been published for consultation, yet CASA, despite looking to TWG’s for advice and guidance on industry specific issues, seems to be pursuing its’ own objectives.
This totally demonstrates that until government makes legislation that enforces the public services to follow their guidance, liberalisation will continue to be restricted by regulatory burden. The opposite to the government’s policy and guidelines.
MTF...P2