[Peetwo]

The Alphabets/BRB/IOS verdict is? - #ADOPT_FAR_NOW!     

To begin a reference to 'Journals of the Senate' from the 1st parliamentary sitting day of last week:

Civil Aviation Act 1988— Civil Aviation Regulations 1988— CASA 490/05 Amendment Instrument 2021 (No. 2)—CASA 51/21 [F2021L01096]—Replacement explanatory statement. Designation of Airspace for Broadcast Requirements – Locations with Surveillance Flight Information Service—CASA 50/21 [F2021L01100]— Replacement explanatory statement. Civil Aviation Regulations 1988 and Civil Aviation Safety Regulations 1998—The Canungra Cup and Canungra Classic Instrument 2021—CASA EX124/21 [F2021L01413]. Civil Aviation Safety Regulations 1998— ATPL Flight Test Standards (Satellite-based Navigation) Exemption 2021— CASA EX98/21 [F2021L01229]. Blow-Off Valve—AD/VIPER/4 Amdt 1 [F2021L01405]. CASR Subpart 99.B DAMP Requirements for Foreign Air Transport AOC Holders Exemption 2021—CASA EX16/21 [F2021L00149]—Replacement explanatory statement. Exhaust Cone Assembly—AD/VIPER/5 Amdt 1 [F2021L01409]. Flight Crew Licensing (Further Miscellaneous Exemptions) Amendment Instrument 2021—CASA EX119/21 [F2021L01360]. Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2021—CASA EX87/21 [F2021L01398]. Implementation of DAMPs (Provision of Safety-Sensitive Aviation Activities by Non-DAMP Organisations) Instrument 2021—CASA EX112/21 [F2021L01342]. Internal Energy Absorbing Ring—AD/AL 250/64 Amdt 4 [F2021L01408]. Northern Rivers Hang Gliding and Paragliding Club Incorporated – Broadcasting Exemptions and Directions Instrument 2021—CASA EX123/21 [F2021L01420]. Part 60 Manual of Standards Amendment Instrument 2021 (No. 1) [F2021L01303]. Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021—CASA EX81/21 [F2021L01396]. Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2021—CASA EX82/21 [F2021L01406]. Part 121 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021—CASA EX83/21 [F2021L01399].
Part 133 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021—CASA EX84/21 [F2021L01404]. Part 135, Subpart 121.Z and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021—CASA EX85/21 [F2021L01410]. Part 138 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021—CASA EX86/21 [F2021L01394]. Repeal of Airworthiness Directive AD/BAL/9 Amdt 1—CASA ADCX 007/21 [F2021L01278]. Repeal of Airworthiness Directive AD/EC 120/14 Amdt 1—CASA ADCX 008/21 [F2021L01353]. Repeal of Airworthiness Directive AD/ECUREUIL/114—CASA ADCX 009/21 [F2021L01424]. Second Stage Turbine Wheel—AD/AL 250/66 Amdt 3 [F2021L01403].

Just imagine the amount of resources/taxpayer & industry money go into administering such a list of accumulated legislative instruments since parliament last sat? - UDB! 



Next a point of comparison by KC on Oz v US ICAO Annex 8 notified differences: https://auntypru.com/wp-content/uploads/...rences.pdf

Again imagine how much money etc. is wasted trying desperately to obfuscate our ( 7 December 1944 treaty signed) international obligations for international compliance with the ICAO SARPs?



Then I took a look at (Dr A's pride and joy) CASR Part 149 and compared it to the CAA NZ Part 149 (because there is no equivalent under the FAR):

CAA NZ Part 149:  https://auntypru.com/wp-content/uploads/...dation.pdf (15 pages)

CASA Part 149: 

1. Legislative instrument: https://www.legislation.gov.au/Details/F...bb405f1a4e (36 pages)

2. Explanatory statement: https://www.legislation.gov.au/Details/F...0f79af6048 (30 pages)

3. Part 149 MOS: https://www.legislation.gov.au/Details/F2018L01800 (32 pages)

Next ALAEA's RRAT submission, with a focus on Part 43: Part 43 the next Part 61 regulatory behemoth?

Then related commentary, via the AP email chains...  

Folks,

With the talk of whether/if/should/can we "adopt" the FARs, it seems I need to remind people that, in 1998, we "adopted by reference" FARs 23-35, that is the Australian equivalent just said, in effect, CASR 23 -- see FAR 23, etc.

Of course, over the years, CASA have screwed it up.

Our CASR 21, although based on FAR 21 --- ACTUALLY was less restrictive than FAR21 in many important respects --- of course, over the years those freedoms have been debased by CASA, and one important one, that up to 750KG, airworthiness compliance could be found by industry (not CASA) including to an industry consensus standard --- long before the ASTM/LSA in US, quietly disappeared. The draft Australian simplified design and certification standard was produced by RSJ (Bill) Whitney, long before, years before. the LSA or the more recent major changes to FAR 23

Who said words to the effect: "Those who forget history are bound to repeat it".

Next thing I expect to hear at estimates: "CASA is just anticipating Government policy on Climate Change by limiting non-essential aviation in Australia, in compliance with UN/IPCC COP26 guidelines".

Cheers,

BH

PS: I would further remind you that the Canadian GA Owner Maintenance C of A program had its genesis in an Australian program ( I probably still have a copy somewhere) that was picked up by the Canadians, but buried here -- Ken Cannane will well remember. If I remember correctly, it was Don Spruston who picked up the Australian proposal, took it back to CANADA and ran with it. As they say, the rest is history, to the immense benefit to the little end of town, Canadian aviation wise.

---

I recently read this from a CASA "Policy decision summary - Part 43 - maintenance of general aviation and aerial work aircraft":  Annex A to SOC 1812SS - 43 Policy decision summary - Part 43 - Maintenance of general aviation and aerial work aircraft (casa.gov.au)
 

In August 2018, CASA consulted with industry on which international rule set should be used as the basis for the new Australian regulations. Responses to that consultation showed a strong preference for a ruleset based on the US-FARs with minimal changes. This preference was  supported by the Part 43 Technical Working Group (TWG) established by the Aviation Safety Advisory Panel (ASAP).
 
CASA analysed the US-FARs and found that it would be a suitable regulatory system, with appropriate safety outcomes and adequate compatibility with the various other elements of the Australian regulatory framework. CASA then developed a detailed policy proposal that would integrate the relevant provisions of the US-FARs (primarily FAR Part 43 and some provisions of  FAR Parts 65 and 91) into the Australian regulatory system.

You couldn't make it up.  Some arseclown or circus of arseclowns in CASA presumed to "analyse the US-FARs" then come to the Earth-shattering conclusion that they are "a suitable regulatory system, with appropriate safety outcomes".   The FAA must have breathed a sigh of relief!   Imagine getting a thumbs up from an aviation super power like Australia and the CASA brains trust.

The process is busted.  It cannot be run CASA.   They don't have the horsepower or brainpower to do it.

I wrote to Pip Spence giving her 1 simple problem to solve and the way of solving it, and some arseclown named Walker wrote back to me making a bunch of statements about what the regulations and international law did and did not allow.   I wrote back and said - in effect - you have no clue what you're talking about.   I then wrote to Ms Spence and said I scored that effort and 'F' and that if all she was going to do was let other people respond without any critical analysis by her I would would stop wasting her and my time.   I received a response to the effect that she would look into it, and I'm waiting for her response.   

The solution is political.   The only way to get to that solution is to get Dick Smith to use his power properly (and not let himself to be duchessed again as he has repeatedly in the past).  I've tried to convince him, to no avail.  

NOTE:  I have no political affiliations or strong views.   All I know is that the mess we're in, in both 'safety' regulation and airport 'management', is primarily the consequence of bi-partisan abdication of responsibility.   

C

  
Finally "K" with the last word: A pathway to the FARs?

MTF...P2