GA is screwed!
From the DAS.Sounding more like a McComic Mini Me by the day.
June 2015
From the Director of Aviation Safety, Mark Skidmore
I recently released an important new policy directive about the development and application of the aviation safety regulations. While the directive reaffirms CASA’s position on the development of regulations, it takes the principles a step further by clearly setting out how they relate to the application and administration of the regulations. CASA must still apply the regulations in accordance with their intent and safety must be regarded as the most important consideration. But we must also consider all other relevant issues, including costs and administrative burden.
This means there is the opportunity for people in the aviation community to show CASA how the right safety outcomes under the regulations can be achieved at a lower cost or administrative burden. In other words, CASA is not saying “it is our way or the highway” when it comes to the exercise of our discretionary compliance powers.
Of course, anyone who wishes to put forward an alternative approach to the application and administration of the regulations will have to be able to convincingly demonstrate they can achieve the same safety outcome intended by the regulations. The alternative approach they propose must not be inconsistent with an express regulatory requirement. They will also have to show how they will fully and effectively implement the alternative approach to compliance in a timely fashion. Alternative approaches must not require unreasonable additional oversight or administration by CASA and no other persons should be adversely or unfairly affected. The directive I issued concludes by saying: “CASA will entertain a reasonable proposal for the adoption of another approach and, in the absence of good reason not to do so, CASA will adopt such an alternative approach.”
When developing regulations the directive makes it clear CASA must address known or likely safety risks that cannot be addressed effectively by a non-regulatory means alone. Every proposed regulation must be assessed against the contribution it will make to aviation safety, having particular regard to the safety of passengers and others who may be affected.
Regulations must not impose unnecessary costs or unnecessarily hinder levels of participation in aviation or the capacity for growth. Regulations should be aligned with the standards and practices of the International Civil Aviation Organization and leading aviation countries, unless differences are necessary due to unique Australian factors and can be justified on the basis of safety. Where it is appropriate, regulations are to be drafted to specify intended safety outcomes. In developing regulations, CASA must consult appropriately with the aviation community in an open and transparent manner ensuring that all communication is clear, timely and effective. Subject to the applicable drafting requirements, CASA will strive to ensure regulations are drafted as clearly and concisely as possible within a three-tier framework.
Please read the new directive and if you have any comments send them to me.
This is the directive about the development and application of regulations.
Send your feedback to me.
Safe flying.
Mark Skidmore AM
From the DAS.Sounding more like a McComic Mini Me by the day.
June 2015
From the Director of Aviation Safety, Mark Skidmore
I recently released an important new policy directive about the development and application of the aviation safety regulations. While the directive reaffirms CASA’s position on the development of regulations, it takes the principles a step further by clearly setting out how they relate to the application and administration of the regulations. CASA must still apply the regulations in accordance with their intent and safety must be regarded as the most important consideration. But we must also consider all other relevant issues, including costs and administrative burden.
This means there is the opportunity for people in the aviation community to show CASA how the right safety outcomes under the regulations can be achieved at a lower cost or administrative burden. In other words, CASA is not saying “it is our way or the highway” when it comes to the exercise of our discretionary compliance powers.
Of course, anyone who wishes to put forward an alternative approach to the application and administration of the regulations will have to be able to convincingly demonstrate they can achieve the same safety outcome intended by the regulations. The alternative approach they propose must not be inconsistent with an express regulatory requirement. They will also have to show how they will fully and effectively implement the alternative approach to compliance in a timely fashion. Alternative approaches must not require unreasonable additional oversight or administration by CASA and no other persons should be adversely or unfairly affected. The directive I issued concludes by saying: “CASA will entertain a reasonable proposal for the adoption of another approach and, in the absence of good reason not to do so, CASA will adopt such an alternative approach.”
When developing regulations the directive makes it clear CASA must address known or likely safety risks that cannot be addressed effectively by a non-regulatory means alone. Every proposed regulation must be assessed against the contribution it will make to aviation safety, having particular regard to the safety of passengers and others who may be affected.
Regulations must not impose unnecessary costs or unnecessarily hinder levels of participation in aviation or the capacity for growth. Regulations should be aligned with the standards and practices of the International Civil Aviation Organization and leading aviation countries, unless differences are necessary due to unique Australian factors and can be justified on the basis of safety. Where it is appropriate, regulations are to be drafted to specify intended safety outcomes. In developing regulations, CASA must consult appropriately with the aviation community in an open and transparent manner ensuring that all communication is clear, timely and effective. Subject to the applicable drafting requirements, CASA will strive to ensure regulations are drafted as clearly and concisely as possible within a three-tier framework.
Please read the new directive and if you have any comments send them to me.
This is the directive about the development and application of regulations.
Send your feedback to me.
Safe flying.
Mark Skidmore AM