WARNING – Ramble follows –
No apology; forbearance is required, just lost it (just a bit) – that's all.
It could be sheeted home to 'over-thinking'; alternatively, it could be seen as the best part of five decades of hands on experience at the business end of providing draft versions of manuals for approval/ acceptance. By that I mean from scratch; blank sheet and instructed to 'get it sorted'. My 'tech' library has approximately 180 tomes on board; dating back to the late 70' up to the present day; there is a whole 1400 mm shelf which houses most of the various 'regulatory' volumes. There are two similar shelves holding draft and finalised manuals for practical operational use. I ain't no 'legal genius' but, experienced enough to at least comment, from an operational point of view, on the current state of play enforced, without much interaction, consideration or pity on the industry.
“And if you gaze long enough into an abyss, the abyss will gaze back into you.”
Aye; and it is with the abyss we must begin – the 'dark side' of the regulations and those who can, will and do weaponise those rules as suits them best. This is no fancy of mine; the results are there, clear as day, framed within many 'actions' taken in the name of 'safety'. There are some very real horror stories out there; read them all (shelf #3) and there is much for CASA to be ashamed off. Before teaching a child to use a shotgun, there is much to consider, for a start, the consequences of actually using the thing to 'kill' a living creature; then there are the rules and consequences of breaking those rules; lastly there is the safety aspect toward self and those around you. It takes time and much depends of the 'teacher'. You simply cannot send a youngster out with a bag of shells, no education, no supervision and without someone to discuss the very real consequences of using the thing without thought to repercussions. Yet there are many examples of untrained people, gifted almost unlimited power, protection from consequences and full support for using a lethal 'legal' weapon in anger. So, in any discussion related to CASA and 'the law' we must, absolutely begin with the education of those charged with dispensing it. Can you imagine the police force sending out someone who was not fully conversant with the 'law' and how to apply it? No, it would be ridiculous – and yet; there stands CASA without let or hindrance, fully supported by not only 'law' but a system which is highly self protective; using 'law' drafted to (and I quote) “Law and system designed only to ensure safe conviction, fully supported by unlimited fiscal, legal and political support.”
“Unlimited power is apt to corrupt the minds of those who posses it; and this I know, my lords: that where law ends, tyranny begins.”
Quite apart from 'training' and operational 'discipline' to remove any semblance of 'personal' bias toward an operator or the way in which the 'law' affects the perceived 'safety' of an operation (legal and operationally). This is an essential at 'the coal face'. There are unlimited tales (evidence backed) where a 'personal' opinion has been 'accommodated' to achieve the much needed 'tick' of approval. Similarly, there are many (and I do mean many) cases where a personal dislike has been taken to extreme levels in the pursuit of that bias. Ramble mode selected; bear with me while I tell an absolutely true tale. A pilot who was 'unlikely' to be hired after a monumental cock up, which ended in deaths decided he wanted a job with an operator; multiple daily phone calls almost demanding a job and explaining how 'he' was a top notch, experienced pilot on the fleet operated; after phone call 10 on the last day of communication; he was told, politely, to bugger off and stop calling. That chap then joined CASA and began a long running vindictive campaign to , as quoted, destroy that bastard ABCD. This approach went on, taken over a period of five years and not only created many problems with 'operational' and personal approvals, but ventured into personal life with some grim consequences. I was sent a photograph which, IMO, summed up the whole saga. It was taken on a 30*C day, our man was sitting in a deck chair behind an aircraft under which was a bucket; for four hours he sat there counting the drops of fuel leaking from a vent; hoping to reach a number which was 'over' the permissible limit. Never happened. Ramble mode off. The point being that whilst the 'law' is clumsy, counterproductive, counter intuitive and designed to find fault; the very real, very basic flaw which demands address resides within those who are granted the powers to use it.
“He who becomes a Prince through the favour of the people should always keep on good terms with them; which it is easy for him to do, since all they ask is not to be oppressed”
So, once Spence has addressed how the 'law' should be interpreted and applied at the coal face; perhaps the next step could be a great culling. Simple, clear instructions which may not be gainsaid or subject to the wrangling of clever legal minds. I favor the biblical style – thou shall not – run out of fuel for example. No brainer really. But, it begs answer to a multitude of questions. Not the least of which is 'why-for and how come'. The answer to this cannot be found in 'black letter' law'. However, for a while now Mens rea and etc, has been relied on by courts at all levels. Facts presented by both sides – should there be 'intention' proved; fair enough. The latitude afforded is a right; for both sides. But if CASA decide that say, insufficient fuel has been loaded and the operator disagrees; then the 'law' should allow both parties the pleasure of a legal battle. It cannot be that CASA may sit as judge, jury and executioner; yet that is where the 'law' mostly places them. This supported by tax funded top Barristers facing off against some Mutt with a mortgage is unjustifiable. The notion of 'criminal act' should be written out and let the courts decide – as is a constitutional right. That the regulations are a legal buggers muddle, confused, biased and often ridiculous to any, except a convoluted 'legal' mind, is beyond a reasonable doubt; tested and proven may times over.
“If the law supposes that,” said Mr. Bumble, squeezing his hat emphatically in both hands, “the law is a ass – a idiot”.
This idiots meanderings have been inspired by the indefatigable Ken Cannane; a lone voice of operational and legal sanity. Ken is not only eminently qualified to comment, has decades of 'real' experience' in the matters discussed; from both sides of the discussion but presents a completely sane, practical, cost effective solutions to a large lump of the pointless incubus imposed by an authority which is lost in the woods of its own making. Compare Ken's wise words to the hapless dribble the Spence mouthpiece (the use car salesman) prattles at Estimates. Spence needs to resign, take her court jester with her and the minister needs to employ Ken and some of his cohorts in exile – then watch the changes happen then . Brava Ken – if I had a hat – I'd doff it.
End of ramble; with no apologies for it; but I just can't see how, without radical change this industry can keep going under the burden imposed by the cost of the CASA v the benefits produced under the existing unholy mess they have driven the 'regulations' etc into. It beggars belief that any government – for the people; by the people will not act, while there is time and expertise available to sort it out and get the industry productive. Why not? That is the question – what's the hold up?
Selah..&.. FCOL.......
No apology; forbearance is required, just lost it (just a bit) – that's all.
It could be sheeted home to 'over-thinking'; alternatively, it could be seen as the best part of five decades of hands on experience at the business end of providing draft versions of manuals for approval/ acceptance. By that I mean from scratch; blank sheet and instructed to 'get it sorted'. My 'tech' library has approximately 180 tomes on board; dating back to the late 70' up to the present day; there is a whole 1400 mm shelf which houses most of the various 'regulatory' volumes. There are two similar shelves holding draft and finalised manuals for practical operational use. I ain't no 'legal genius' but, experienced enough to at least comment, from an operational point of view, on the current state of play enforced, without much interaction, consideration or pity on the industry.
“And if you gaze long enough into an abyss, the abyss will gaze back into you.”
Aye; and it is with the abyss we must begin – the 'dark side' of the regulations and those who can, will and do weaponise those rules as suits them best. This is no fancy of mine; the results are there, clear as day, framed within many 'actions' taken in the name of 'safety'. There are some very real horror stories out there; read them all (shelf #3) and there is much for CASA to be ashamed off. Before teaching a child to use a shotgun, there is much to consider, for a start, the consequences of actually using the thing to 'kill' a living creature; then there are the rules and consequences of breaking those rules; lastly there is the safety aspect toward self and those around you. It takes time and much depends of the 'teacher'. You simply cannot send a youngster out with a bag of shells, no education, no supervision and without someone to discuss the very real consequences of using the thing without thought to repercussions. Yet there are many examples of untrained people, gifted almost unlimited power, protection from consequences and full support for using a lethal 'legal' weapon in anger. So, in any discussion related to CASA and 'the law' we must, absolutely begin with the education of those charged with dispensing it. Can you imagine the police force sending out someone who was not fully conversant with the 'law' and how to apply it? No, it would be ridiculous – and yet; there stands CASA without let or hindrance, fully supported by not only 'law' but a system which is highly self protective; using 'law' drafted to (and I quote) “Law and system designed only to ensure safe conviction, fully supported by unlimited fiscal, legal and political support.”
“Unlimited power is apt to corrupt the minds of those who posses it; and this I know, my lords: that where law ends, tyranny begins.”
Quite apart from 'training' and operational 'discipline' to remove any semblance of 'personal' bias toward an operator or the way in which the 'law' affects the perceived 'safety' of an operation (legal and operationally). This is an essential at 'the coal face'. There are unlimited tales (evidence backed) where a 'personal' opinion has been 'accommodated' to achieve the much needed 'tick' of approval. Similarly, there are many (and I do mean many) cases where a personal dislike has been taken to extreme levels in the pursuit of that bias. Ramble mode selected; bear with me while I tell an absolutely true tale. A pilot who was 'unlikely' to be hired after a monumental cock up, which ended in deaths decided he wanted a job with an operator; multiple daily phone calls almost demanding a job and explaining how 'he' was a top notch, experienced pilot on the fleet operated; after phone call 10 on the last day of communication; he was told, politely, to bugger off and stop calling. That chap then joined CASA and began a long running vindictive campaign to , as quoted, destroy that bastard ABCD. This approach went on, taken over a period of five years and not only created many problems with 'operational' and personal approvals, but ventured into personal life with some grim consequences. I was sent a photograph which, IMO, summed up the whole saga. It was taken on a 30*C day, our man was sitting in a deck chair behind an aircraft under which was a bucket; for four hours he sat there counting the drops of fuel leaking from a vent; hoping to reach a number which was 'over' the permissible limit. Never happened. Ramble mode off. The point being that whilst the 'law' is clumsy, counterproductive, counter intuitive and designed to find fault; the very real, very basic flaw which demands address resides within those who are granted the powers to use it.
“He who becomes a Prince through the favour of the people should always keep on good terms with them; which it is easy for him to do, since all they ask is not to be oppressed”
So, once Spence has addressed how the 'law' should be interpreted and applied at the coal face; perhaps the next step could be a great culling. Simple, clear instructions which may not be gainsaid or subject to the wrangling of clever legal minds. I favor the biblical style – thou shall not – run out of fuel for example. No brainer really. But, it begs answer to a multitude of questions. Not the least of which is 'why-for and how come'. The answer to this cannot be found in 'black letter' law'. However, for a while now Mens rea and etc, has been relied on by courts at all levels. Facts presented by both sides – should there be 'intention' proved; fair enough. The latitude afforded is a right; for both sides. But if CASA decide that say, insufficient fuel has been loaded and the operator disagrees; then the 'law' should allow both parties the pleasure of a legal battle. It cannot be that CASA may sit as judge, jury and executioner; yet that is where the 'law' mostly places them. This supported by tax funded top Barristers facing off against some Mutt with a mortgage is unjustifiable. The notion of 'criminal act' should be written out and let the courts decide – as is a constitutional right. That the regulations are a legal buggers muddle, confused, biased and often ridiculous to any, except a convoluted 'legal' mind, is beyond a reasonable doubt; tested and proven may times over.
“If the law supposes that,” said Mr. Bumble, squeezing his hat emphatically in both hands, “the law is a ass – a idiot”.
This idiots meanderings have been inspired by the indefatigable Ken Cannane; a lone voice of operational and legal sanity. Ken is not only eminently qualified to comment, has decades of 'real' experience' in the matters discussed; from both sides of the discussion but presents a completely sane, practical, cost effective solutions to a large lump of the pointless incubus imposed by an authority which is lost in the woods of its own making. Compare Ken's wise words to the hapless dribble the Spence mouthpiece (the use car salesman) prattles at Estimates. Spence needs to resign, take her court jester with her and the minister needs to employ Ken and some of his cohorts in exile – then watch the changes happen then . Brava Ken – if I had a hat – I'd doff it.
End of ramble; with no apologies for it; but I just can't see how, without radical change this industry can keep going under the burden imposed by the cost of the CASA v the benefits produced under the existing unholy mess they have driven the 'regulations' etc into. It beggars belief that any government – for the people; by the people will not act, while there is time and expertise available to sort it out and get the industry productive. Why not? That is the question – what's the hold up?
Selah..&.. FCOL.......