[Peetwo]

CASA continues to rule through exemption -  

Tick -  FDS - Tock………

It is, probably, unfair to burden readers with the ‘dreary’ details. Those are neatly trapped within the Hansard.

Civil Aviation Act 1988—
Civil Aviation Order 82.0 Amendment Order (No. 1) 2018 [F2018L01415].
Civil Aviation Regulations 1988 and Civil Aviation Safety Regulations 1998—
Civil Aviation Order 48.1 Amendment Instrument 2018 (No. 2) [F2018L01319].
GNSS Navigation Under the V.F.R. (CGG Aviation) Instrument 2018—CASA 68/18 [F2018L01396].
Civil Aviation Safety Regulations 1998—
Air Traffic Control Licence (Airservices Australia) Exemption 2018—CASA EX141/18 [F2018L01385].
CASA 125/09 (Further Body Sample Collection Procedure – Quantisal Oral Fluid Collection Device) Amendment Instrument 2018—CASA 69/18 [F2018L01360].
Fuel Requirements Exemption 2018—CASA EX126/18 [F2018L01317].
Repeal of Airworthiness Directive AD/RB211/26 Amdt 1—CASA ADCX 013/18 [F2018L01329].

If however, you can find a sober moment to consider the implications of both ‘exemption’ and ‘amendment’ to regulations. This nation has paid an extraordinary amount of money to have the Civil Aviation Regulations ‘reformed’. One of the principal objectives of the now three decade long attempt was for 'it'  to be done without the need for ‘exemption’. Since the process began, CASA have been obliged to issue more exemptions to the ‘new’, ‘reformed’ regulations than ever before – in history. Why? Well, I’m sure that any operator, worth the AOC, can find supportable evidence that the ‘new rules’ ain’t worth a cap full of cold water (I did say cap). Not only that, but ‘an exemption’ for one operator, creates an unfair commercial advantage; and, provides leverage for the authority against the exempted operator. Control, in any form, apart from across the board compliance – for all – is indicative of a system which could be viewed by some as ‘corrupted’.

$400,000,000 spent; 30 years and not complete: exemption after exemption (for the chosen few)  and still the only solution to ducked up regulation? FCOL. Adopt the FAR’s – the PNG CAR – or even the Khalistan rule set – anything but the incredible philosophical, legal minefield Australia is required to work within. I say this – operators may ‘appear’ to be ‘compliant’ – on the surface; but under the surface; bollocks. Most of the regulations, those which can be understood, are dismissed as CASA faery-pooh. The regulations are creating a very unsafe, tick-a-box, 'go along to get along' environment. With everyone holding their breath.

I’m not sure how many Ticks and Tock’s Australia has left in the kitty – plenty of warnings – ATR, Essendon, Mildura etc; etc.

Toot Bollocks, toot bollocks, toot toot toot.
(musical evening)..TOM hauled the Banjo out of storage - dogs luv it: do not ask me why.

In case anyone was wondering what "K" is banging on about, here is a link for the offending passage of Hansard: https://www.aph.gov.au/Parliamentary_Bus.../&sid=0000 (Hint: refer to documents at the bottom of the page -   )

Referring to some of those dodgy exemption instruments:

The first is the extension to the CAO 48.1 AOC transition period(s)...  

Civil Aviation Order 48.1 Amendment Instrument 2018 (No. 2) (Cth)

F2018L01319 - Date published: 19/09/2018
Date:
19 September 2018
Cited by:
2 cases
Legislation cited:
3 provisions
Cases cited:
0 cases

I, SHANE PATRICK CARMODY, Director of Aviation Safety, on behalf of CASA, make this instrument under subregulation 5 (1), regulation 210A and subregulation 215 (3) of the Civil Aviation Regulations 1988, subregulation 11.068 (1) of the Civil Aviation Safety Regulations 1998, and paragraph 28BA (1) (b) and subsection 98 (4A) of the Civil Aviation Act 1988.
[Signed S. Carmody]
Shane Carmody

Director of Aviation Safety
18 September 2018
Civil Aviation Order 48.1 Amendment Instrument 2018 (No. 2)
1          Name of instrument
                 This instrument is the Civil Aviation Order 48.1 Amendment Instrument 2018 (No. 2).
2          Commencement
                 This instrument commences on the day after registration.
3          Amendment of Civil Aviation Order 48.1 Instrument 2013
                 Schedule 1 amends Civil Aviation Order 48.1 Instrument 2013.
4          Amendment of Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 1) (as amended)
                 Schedule 2 amends Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 1) (as amended).
Schedule 1          Civil Aviation Order 48.1 Instrument 2013
[1]       Paragraphs 3.1, 3.2 and 3.3
omit
31 October 2018 (wherever occurring)
insert
26 March 2020
[2]       Before paragraph 4.1
insert
    4.1A     In this subsection:
                 the transition date means:
(a)       30 September 2019 — for the regular public transport operations, in high capacity aircraft, of any AOC holder to whom Civil Aviation Order (CAO) 82.5 applies; and
Note    A “high capacity aircraft” is defined in subsection 2 of CAO 82.0 as “an aircraft that is certified as having a maximum seating capacity exceeding 38 seats or a maximum payload exceeding 4 200 kg”.
(b)      26 March 2020 — for operations of any AOC holder that are not described in paragraph (a).
[3]       Subparagraph 4.2 (a)
omit
31 October 2018
insert
the transition date
[4]       Paragraphs 4.3 and 4.4
omit
31 October 2018 (wherever occurring)
insert
the transition date
[5]       Before paragraph 4B.1
insert
  4B.1A     In this subsection:
                 the transition date means 26 March 2020.
[6]       Paragraphs 4B.2 and 4B.3
omit
31 October 2018 (wherever occurring)
insert
the transition date
Schedule 2          Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 1) (as amended)
[1]       Subsection 2.2
substitute
       2.2     Subject to subsections 2.2A and 2.3, section 3 commences on 30 September 2019.
Note   The effect of subsection 2.2 is that the amendments to Civil Aviation Order 48.1 Instrument 2013contained in Schedule 1 of the Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 1) (as amended)commence on 30 September 2019 for the regular public transport operations, in high capacity aircraft, of an AOC holder. But such AOC holders may opt-in earlier.
    2.2A     Despite subsection 2.2, and subject to subsection 2.3, section 3 does not take effect until 26 March 2020 for:
(a)   the operations of any AOC holder that are not regular public transport operations, in high capacity aircraft, to which Civil Aviation Order 82.5 applies; or
(b)   any Part 141 operator.
Note   Subsection 2.2A delays the effect of amendments to Civil Aviation Order 48.1 Instrument 2013, contained in Schedule 1 of the Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 1) (as amended), until 26 March 2020 for the operations of an AOC holder that are not regular public transport operations in high capacity aircraft, and for any Part 141 operator. But such AOC holders and Part 141 operators may opt-in earlier.
[2]       Subsection 2.3
substitute
       2.3     Despite subsections 2.2 and 2.2A, section 3 takes effect for a person in accordance with section 4.
Note   This provision enables the early opt-in process mentioned in section 4.
[3]       Subsection 4.1
insert
                 the transition date means:
(a)       30 September 2019 — for the regular public transport operations, in high capacity aircraft, of any AOC holder to whom Civil Aviation Order (CAO) 82.5 applies; and
Note    A “high capacity aircraft” is defined in subsection 2 of CAO 82.0 as “an aircraft that is certified as having a maximum seating capacity exceeding 38 seats or a maximum payload exceeding 4 200 kg”.
(b)      26 March 2020 for:
             (i)  the operations of any AOC holder that are not described in paragraph (a); and
            (ii)  any Part 141 operator.
[4]       Subsection 4.2
omit
31 October 2018 (wherever occurring)
insert
the transition date
[5]       Paragraph 4.3 (b), the Note
omit
31 October 2018 (wherever occurring)
insert
the transition date

What a clusterduck! I pity the poor operators that bent over backwards to meet the original transition period only to find their competitors get a free kick for a further 2 years - UDB!   

Next is yet another exemption for the more than 2 decade old obfuscated identified safety issue of amending the 'fuel and alternate requirements' regulations:

I, SHANE PATRICK CARMODY, Director of Aviation Safety, on behalf of CASA, make this instrument under paragraph 28BA (1) (b) and subsection 98 (4A) of the Civil Aviation Act 1988.

[Signed S. Carmody]
Shane Carmody
Director of Aviation Safety
9 October 2018

Civil Aviation Order 82.0 Amendment Order (No. 1) 2018
1          Name
                 This instrument is the Civil Aviation Order 82.0 Amendment Order (No. 1) 2018.
2          Commencement
                 This instrument commences immediately after the commencement of the Civil Aviation Amendment (Fuel and Oil Requirements) Regulations 2018.
3          Amendment of Civil Aviation Order 82.0
                 Schedule 1 amends Civil Aviation Order 82.0.
Schedule 1          Amendments
[1]        Paragraph 2.1
insert
minimum safe fuel has the meaning given by the legislative instrument issued by CASA under regulation 234 of CAR, as in force from time to time.
[2]        Paragraphs 2.3, 2.4 and 2.4.1
omit
[3]        Subparagraph 3A.1 (g)
omit
flight; and
insert
flight.
[4]        Subparagraph 3A.1 (h)
omit

  
& the exemption (Caution: Beware the legal weasel words -  ):

CASA EX126/18 — Fuel Requirements Exemption 2018 (Cth)

F2018L01317 - Date published: 19/09/2018
Date:
19 September 2018
Cited by:
0 cases
Legislation cited:
1 provisions
Cases cited:
0 cases

Instrument number CASA EX126/18
I, SHANE PATRICK CARMODY, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.
[Signed S. Carmody]
Shane Carmody

Director of Aviation Safety
18 September 2018
CASA EX126/18 — Fuel Requirements Exemption 2018
1          Name
                 This instrument is CASA EX126/18 — Fuel Requirements Exemption 2018.
2          Duration
                 This instrument:
(a)   commences on 8 November 2018; and
(b)   is repealed at the end of 28 February 2019.
3          Application
        (1)     This instrument applies to a person (an affected operator) that, immediately before 8 November 2018, held an AOC or a Part 141 certificate.
        (2)     This instrument also applies to the pilot in command of an aircraft in an operation authorised by an AOC or a Part 141 certificate held by an affected operator.
4          Exemption — CAR
        (1)     The affected operator and the pilot in command are exempt from compliance with regulations 234 and 234A of CAR.
        (2)     The exemption in subsection (1) is subject to the condition that the affected operator and the pilot in command must comply with the following provisions, as in force on 7 November 2018:
(a)   regulation 234 of CAR;
(b)   subparagraph 3A.1 (h) of Civil Aviation Order 82.0 (CAO 82.0).
Note   When assessing compliance with regulation 234 of CAR as in force on 7 November 2018, a court is expected to take into account Civil Aviation Advisory Publications CAAP 215‑1(2) and CAAP 234‑1(1), as existing on 7 November 2018.
5          Exemption — Civil Aviation Order 82.0
        (1)     The affected operator is exempt from compliance with subparagraph 3A.1 (g) of CAO 82.0.
        (2)     The exemption in subsection (1) is subject to the condition that the affected operator must comply with subparagraph 3A.1 (g) of CAO 82.0 using the definition of minimum safe fuel in paragraphs 2.3, 2.4 and 2.4.1 of CAO 82.0, as in force on 7 November 2018.

This is the section referred to under the CAO 82.0:

3A       Conditions on all passenger-carrying aeroplane operations to remote islands
    3A.1     Subject to paragraph 3A.2, each certificate authorising 1 or more of the following operations in an aeroplane:
(a)   charter operations for the carriage of passengers;
(b)   regular public transport operations for the carriage of passengers;
©   aerial work operations for ambulance functions or for functions substantially similar to ambulance functions (medical transport operations);
                 is subject to the condition that a passenger must not be carried under the certificate on a flight to a remote island unless:
(d)   the aeroplane has more than 1 engine; and
(e)   before the flight commences, the pilot in command has nominated an alternate aerodrome for the flight; and
(f)    the nominated alternate aerodrome is not located on a remote island, unless CASA approves otherwise in writing; and
(g)   when the flight commences, the aeroplane is carrying not less than the minimum safe fuel for the flight; and
(h)   during the flight, the pilot in command carries out in-flight fuel management to ensure that the aeroplane is always carrying sufficient fuel to enable it to reach its destination aerodrome as planned, or its nominated alternate aerodrome if necessary, with the required minimum fuel reserves intact.

This is interesting because the 'minimum safe fuel' definition came about due to the; (a) nearly decade old CASA project 09/13; (b) the PelAir cover-up investigation; and finally the ICAO amendment to Annex 6 in 2012. Reference ATSB safety issue (note not recommendation) - AO-2014-190-SI-10 https://www.atsb.gov.au/publications/inv...190-si-10/

Proactive Action
Action organisation:
Civil Aviation Safety Authority
Action number:
AO-2014-190-NSA-037
Date:
23 November 2017
Action status:
Closed
In August 2009, CASA commenced a project to review the Australian requirements for fuel and alternates (Project OS 09/13 – Fuel and alternate requirements). The terms of reference noted that the ATSB database had provided evidence that fuel quantity issues were becoming problematic, and it was proposed to strengthen CAAP 234, and to change CAR 234 in order to encourage industry to follow the contents of the CAAP. It also noted proposed amendments to ICAO Annex 6 for fuel and alternate requirements for commercial air transport operations ‘require CASA to explore this issue and identify any potential issues the proposed ICAO amendments may have within the Australian aviation operating environment’.

In addition to changes to the requirements relating to Australian remote islands (see Safety action AO-2014-190-NSA-035), this project has involved various activities in relation to fuel planning.

On 25 June 2012, CASA advised the ATSB that amendment 36 to International Civil Aviation Organization (ICAO) Annex 6, State Letter AN 11/1.32-12/10 detailed a number of new Standards and Recommended Practices (SARP) in regard to fuel planning, in flight fuel management, the selection of alternates and extended diversion time operations (EDTO). In this respect, CASA provided the following update:

CASA intends to review Civil Aviation Advisory Publication (CAAP) 234-1 relating to fuel requirements. The ICAO fuel and alternate Standards and Recommended Practices (SARPs) are the basis of these changes and will be coordinated by CASA project OS09/13. While this project will focus specifically on passenger-carrying commercial flights the project will also be reviewing fuel requirements generally. The project will now be conducted in four phases. The first three phases will involve amendments to the relevant Civil Aviation Order (CAO) applicable Civil Aviation Advisory Publication (CAAP) 234-1 and Civil Aviation Regulation (CAR) 234. The project objectives are as follows:

– Phase 1 will involve amendments to the relevant CAOs and a review of CAAP 234-1 for flights to isolated aerodromes in light of the ICAO amendments. This phase will encompass fuel and operational requirements for flights to isolated aerodromes and will also consider the provision for flight to an alternate aerodrome from a destination that is a designated isolated aerodrome. The CAAP 234-1 will also be expanded to provide guidance and considerations necessary for flights to any isolated aerodrome, in particular when, and under what circumstances, a pilot should consider a diversion.

– Phase 2 will involve amendments to the relevant CAOs and further review of CAAP 234 in light of the ICAO amendments. This phase will encompass regulatory changes related to the implementation of general fuel planning, in-flight fuel management and the selection of alternate aerodromes. This review will include the methods by which pilots and operators calculate fuel required and fuel on-board.

– Phase 3 will involve amendment to CAR 234 to specify that the pilot in command, or the operator, must take reasonable steps to ensure sufficient fuel and oil shall be carried to undertake and continue the flight in safety. In addition, for flights conducted in accordance with Extended Diversion Time Operations (EDTO), CAO 82 and CAR 234 shall be amended to require consideration of a "critical fuel scenario" taking into account an aeroplane system failure or malfunction which could adversely affect safety of flight. It is anticipated that the methods chosen by the pilot-in-command and operator will therefore be sufficient to meet the requirements of CAR 234 to enable a flight to be undertaken and continue in safety.

– Phase 4 will involve the publication of internal and external educational material along with conducting briefings where necessary.
and that:

The amendment to the ICAO Annex 6 standards will be considered, and where appropriate, incorporated into the relevant legislation/advisory publication. In addition it is anticipated that there will be guidance material for operators who can demonstrate a particular level of performance-based compliance. The intent is to provide a bridge from the conventional approach to safety to the contemporary approach that uses process- based methods and Safety Risk Management (SRM) principles.

The ICAO Fuel and Flight Planning Manual are reflected in the SARP to Annex 6. Inclusion of the provisions of the Amendment 36 SARPs will be captured throughout this project. The ICAO SARP becomes effective from November 2012.

CASA will endeavour to make the changes as soon as possible - subject to third party arrangements such as drafting and resource availability. However the timing of the CAR changes will be subject to a timetable that is not necessarily able to be controlled by CASA.
In January 2016, as part of the project commenced in August 2009, CASA issued Consultation Draft (CD) 1508OS – Fuel and oil quantity requirements. The CD included proposed amendments to CAR 234 and CAAP 234. The explanation of the changes stated:

Regulation 234 of the Civil Aviation Regulations 1988 (CAR) requires the pilot-in-command of an aircraft to take reasonable steps to ensure that the aircraft carries sufficient quantities of fuel and oil for the proposed flight to be undertaken safely. The regulation also requires the operator of an aircraft to take reasonable steps to ensure that an aircraft does not begin a flight unless it is carrying sufficient fuel and oil to allow the flight to be conducted safely.

Australian Transport Safety Bureau (ATSB) reports have revealed incide
nts and accidents directly related to carriage of insufficient quantities of fuel. CASA proposes to address this safety issue by amending regulation 234 of CAR to provide updated fuel and oil requirements.

The current regulation 234 of CAR allows courts to consider any guidelines provided by CASA when determining whether sufficient fuel and oil were carried on a flight, which includes the guidelines provided in CAAP 234-1(1). While some of the information provided in the CAAP should be read as a requirement empowered by the current regulation 234, other information is advisory in nature. CASA intends to the make clearer the distinction between the regulatory requirements and the guidance material by transferring the requirements for determination of fuel and oil quantity from the CAAP to a proposed legislative instrument.

The CD proposed included fuel planning and fuel management requirements in an instrument, referenced by an amended CAR 234. The proposed instrument incorporated the definition of minimum safe fuel for a flight to a remote island from CAO 82.0. However, there were no other changes associated with remote islands or isolated aerodromes.

In March 2017, CASA advised the ATSB:

CASA is continuing, as part of the standards development process for the development of CASR Part 91 (General Operating and Flight Rules), to consider how to address the generalities of the ‘isolated aerodrome issue’. The specific operational parts for air transport (CASR 121/133/135) and aerial work (CASR 138) will subsequently consider whether additional constraints or conditions are needed, or if alleviation is available under certain conditions. These provisions, along with the fuel and alternate determination provisions will be subject to public consultation as part of the operational part suite…

The application of ‘isolated aerodrome’ SARPs is a vexatious issue because it relies on the interaction of the various ICAO SARPs that underpin it. It is very difficult to apply exactly the requirements of one ICAO SARP whilst not applying exactly the others that support it. In this case, the isolated aerodrome SARP relies on the fuel and alternate SARPs. These provisions require, inter-alia, that an alternate be nominated in almost all cases and that fuel quantities be determined on that basis. The isolated aerodrome SARP then allows alleviation from that requirement under certain conditions, most notably, when the nearest alternate is beyond approximately 90 minutes flight time.

Australian legislation has provisions that accommodate our unique infrastructure, particularly the absence of predominately independent runways at many aerodromes supporting air transport operations. The Australian rule set also allows for flights to be conducted without an alternate under certain operating conditions, such as weather above set criteria.

In August 2017 (after receiving the draft ATSB report for the reopened investigation), CASA advised the ATSB:

As mentioned in the report, prior to this accident CASA had already commenced Project OS 09/13 - Fuel and Alternate Requirements – to develop improvements to CASA regulations and orders relating to fuel carriage, fuel guidance and isolated aerodromes policy in light of proposed ICAO changes.

On 23 December 2014, CAO 82.0 was amended to require RPT passenger carrying operations and aerial work operations for ambulance functions or for functions substantially similar to ambulance functions to meet the same remote island requirements that had applied to charter passenger carrying operations at the time of this accident.

As part of this Project, CASA extensively examined the ICAO concept of isolated aerodromes, the historical context that led to the CASA remote island policy in place at the time of the accident and reviewed these in light of technological changes and the scope of Australian aviation operations to the identified remote islands. CASA determined that the implemented policy - that all passenger carrying charter, RPT and aerial work ambulance flights must nominate and plan for an alternate for all remote island operations and that a nominated alternate cannot itself be a remote island - was more conservative than the ICAO isolated aerodrome concept.

More generically, the policy regarding when a flight can be conducted without providing for an alternate aerodrome is being examined as part of Project OS 99/08 - CASR Part 91.

   
Please not the following from AIN online:

Australia Delays New Fuel Requirement Rules
by Gordon Gilbert
 - October 11, 2018, 2:08 PM
New rules covering minimum fuel requirements for all Australian aircraft were scheduled to start on Nov. 8, 2018, but have now been extended to Feb. 28, 2019. The nation’s Civil Aviation Safety Authority (CASA) is providing existing aircraft operator certificate (AOC) holders and Part 141 and 142 training certificate holders more time to comply with the new fuel requirements by issuing an updated exemption.

The authority said it recognized “that many operators were only recently required to amend their expositions or operations manuals to transition to CASR Parts 141 and 142.” To this end, CASA has updated its Part 141 sample operations manual and Part 142 exposition and the annual authoring and assessment tool to reflect these changes. Between now and the exemption deadline, CASA advises AOC holders to “review your current fuel policy and, if required, update your operations manual and submit to your oversighting office.”

The rules re-introduce a 30-minute fixed fuel reserve requirement, reduce reserve requirements for day VFR operations in small piston or turboprop airplanes, require pilots to conduct in-flight fuel management with regular fuel quantity checks and if required declare “mayday fuel,” and introduce “additional fuel” that simplifies the planning requirements for fuel contingencies. The changes more closely align Australian fuel rules with U.S. standards and ICAO recommended practices.

Now note that the ATSB safety issue (not recommendation ) is apparently Closed.


Q/ How can you have an outstanding identified safety issue (not recommendation -   ) Closed when the proposed proactive action is dependent on CASA promulgating amended regulations that they keep on deferring, operator compliance with, through legislative instruments/exemptions? 

 MTF...P2