[Peetwo]

“Something is rotten in the state of Denmark …"

Educated, independent, responsible individuals with considered opinions on the state of aviation safety in Oz in recent times have been voicing their concerns in various media formats, all of which points to the overwhelming hypothesis that something is rotten in the state of Denmark...    

Examples:

Dr Gates to the SMH Editor:

Dear Ed

With all the cuts to QANTAS announced today because of the big reduction in passenger numbers,  it’s time to review staffing levels and salaries of government departments and agencies involved in aviation, a commensurate cut!

Do we really need all those ‘fat cats’ at the top in CASA and the ATSB (on enormous salaries) to be there, or are they a protected species?  And what about all those air traffic controllers sitting around waiting for a plane?  The only exceptions to the rule are the specialist firefighters who need to be there, regardless.

Sandy to Dan Tehan MP:

Dear Dan,


On February 19th four experienced pilots were killed in a mid air collision near Mangalore. 

This is not the first time that aircraft have had avoidable accidents due to our poorly managed, outdated, inadequate and improperly designed airspace, prerogative of the ‘independent‘ AirServices Australia With the CV induced absence of airline traffic now is the time to make real improvements in our airspace management. 

The whole aviation industry including General Aviation (GA) has been hard hit by the various measures to keep Australians safe from a rampant corona virus. 

Now, more than ever, it is imperative that Government brings in some urgent reforms for GA which it can accomplish with little or no expense. Reforms that are so obvious it should not be difficult to order the agencies to action those measures that can help to regrow GA, apart from making our airspace safer for GA and airline traffic alike.  

Having written and spoken with you on several occasions about the opportunities that exist to grow jobs and businesses in GA, I feel that there’s got to be the understanding that action is required. The Prime Minister talks about reducing red tape. Government could act now to put life back into GA and reverse the over regulated decline of this important industry. 

Car driver medicals for all private pilots, the same successful standard that has been In place now for some thirty years in the Australian low weight aircraft category (and similarly private flyers USA). This is a hugely anomalous area of splitting GA that has induced thousands of private pilots to the low weight category and distorted the whole industry. 

Relief from the Aviation Security Identification Card, a biennial $300 police check which to our knowledge has never been subjected to any cost benefit analysis. This is a measure that was brought about by the ‘911’ attacks but there is no similar ID imposition in the USA. This is an expensive impost that is resented greatly throughout GA because we can see that it has little or no value. Moreover for those of us that have been flying professionally, or privately, for up to fifty years or more it is disgraceful that we are treated like potential terrorists. Pending a proper analysis, Government should immediately increase the validity period in line with a timeline and or licence category. 

Flying training is the backbone of all aviation, we have lost hundreds of flying schools due extreme, unnecessary and hugely expensive CASA requirements. Independent instructors as the successful USA model will allow a resurgence of training especially, important for country centres to re-establish their flying schools. 

Airports, including those made over to local governments, are under threat of closure and inappropriate development in many places. Private airfields like Tyabb and Drouin in Victoria are being hounded by Councils, Central Coast airport in NSW also under attack and they need support 

If there was ever a time for Government to make some necessary changes and assist the aviation community it is right now. Plain commonsense with leadership must prevail if Government is to have credibility with the aviation community. 

Lastly we will not be satisfied to wait on yet another Parliamentary (Senate) inquiry when the last one, Forsyth 2014, has had no appreciable effect, in reality GA is in steeper decline. 

Please make representations on my behalf to Minister Michael McCormack and the Prime Minister. 

Regards,

Sandy

Dr K.I.K academic paper published in MDPI Aerospace open access journal:

Naweed, A.; Kourousis, K.I. Winging it: Key Issues and Perceptions around Regulation and Practice of Aircraft Maintenance in Australian General Aviation. Aerospace 2020, 7, 84.
 Ref: https://auntypru.com/wp-content/uploads/...-00084.pdf or https://www.mdpi.com/2226-4310/7/6/84

..It is of note that CASA approached this matter with a change management mindset, attempting to achieve a consensus from the regulated parties. The management of change, as a systematic
approach/methodology to enable change at an individual and organisation level [9], has also been
promoted by CASA for safety management purposes in the wider aviation industry [10]. Past CASA
attempts to impose regulations or dictate mandatory actions did not have the expected result, as
compliance was found to be problematic. An extensive industry consultation process was employed
for this purpose during 2018−2019 [11]. Tailoring of maintenance regulations (framework, oversight,
and practice) for the GA aircraft was a topic on the industry’s “wish list” from this consultation. This
finding has also confirmed the feedback collected by CASA from their previous interaction with the
GA sector.

Eventually, CASA decided to introduce a new set of maintenance regulations that mirrored the
United States (US) Federal Aviation Administration (FAA) rules for GA aircraft, with these outlined
in CASA’s consultation accompanying documents [11]. The FAA rules’ approach was by far the
preferred industry choice, recording a 78% acceptance rate [11]. The decision to follow the FAA
regulations for GA aircraft is not consistent with the CASA’s overall regulatory structure and
philosophy, as the Australian Civil Aviation Safety Regulations (CASRs) largely follow/mirror the
European Aviation Safety Agency (EASA) rules. This triggers questions on the underlying reasons
that provoke this type of change as well as what challenges may manifest as part of transitional
effects...

And from Dick Smith via the UP: 

Ref: https://auntypru.com/forum/showthread.ph...3#pid11363


Finally from the Commonwealth Ombudsman in reply to Glen Buckley: 

Conclusion of phase 1 of my investigation

On 23 June 2020 this Office sent a concluded view to CASA as follows:

The entry into force of the 1 September 2014 compilation of the Civil Aviation Regulations 1988 (CAR) removed the former CAR 206(1)(a)(vi) related to flying training organisations (FTO) from CAR 206.
CASA’s ruling Franchise AOC Arrangements (the Ruling) issued on 21 February 2006 refers explicitly to its application to commercial operations conducted for CAR 206 purposes. CAR 206(1)(a)(vi) referred to flying training, other than conversion training or training carried out under an experimental certificate.

With CAR 206(1)(a)(vi) removed from the CAR, I note CASA’s view that the policy objectives reflected in the Ruling have remained applicable to the conduct of FTO activities under the post August 2014 regulatory regime, irrespective of the explicit reference to CAR 206.

The Ruling was not amended to reflect that legislative change from 1 September 2014 meaning that the CAR and the Ruling were no longer aligned in material ways.

Conceptually, I accept CASA's view that the Ruling may reflect broader policy considerations.

Nevertheless in my concluded view there was an administrative deficiency due to an absence of a direct relationship between the activity being regulated and the policy said to regulate it. This gave rise to ambiguity and uncertainty with the potential to cause detriment to those relying on the accuracy of the regime or, conversely, prevent detriment from occurring.

In the circumstances, it is my concluded view that CASA should have made a concurrent amendment to its Ruling at the entry into force of the 1 September 2014 compilation of the CAR because of the practical effect of the change to those relying on the regulatory regime.

Thank you for your advice that CASA will amend the Ruling to confirm the intent of the breadth its application.

Please note that this is the Ombudsman’s opinion and CASA may disagree with it, or parts of it.

Ref: https://auntypru.com/wp-content/uploads/...port-1.pdf

MTF...P2