[Peetwo]

AF embuggerance update: 14 Feb '19 - 'In a nutshell'. 

Ref:

...Note the way Fort Fumble carefully manipulate the stats to make it appear that industry dissension is from an irrelevant minority...     

C.9 Consultation process

17 (8%) respondents commented on the perception that CASA had failed to follow its
consultation process.

The following are examples of comments from respondents:

Changing regulations without proper regulatory process by the CEO of CASA without
Parliamentary scrutiny thereby curtailing the rights of pilots to exercise the full
privileges of their licenses. (ANON-Z7UJ-QXZT-7)

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The Authority has deliberately bypassed proper processes and in effect, is seeking to
add a new licence category, and a new maintenance category, for private flights and
private/CPL and ATPL pilots. This is occurring without adhering to settled and wellpublished procedures – all of which were designed to ensure proper industry consultation: and all of which CASA has, on many occasions, championed. (ANONZ7UJ-QXE7-N)

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I object to the fact that no proper consultation took place with either the industry and I
see the proposal as an attempt to bypass the NPRM process by seeking to implement
a direction and not amending the relevant regulations AFTER DUE PROCESS. CASA
did in this case not complied with the to the 2015 Statement of Expectations publicised
by the Board of the Civil Aviation Safety Authority, which includes a requirement for
CASA to consider the economic and cost impact on individuals, businesses and the
community in the development and finalisation of new or amended regulatory
changes.(which also includes proposed directives like th e present one) CASA has
also not complied in my view with their obligation to adopt a proper, fair and
transparent process, by publishing proposed Directions immediately upon the rising of
Parliament, with the closing date set prior to the resumption of Parliament. In this case
CASA also failed in my view to adhere to the proper regulatory processes, whereby
long-standing Regulations, which confer fundamental rights on pilots and aircraft
owners (being the rights to exercise the full privileges of their licences and aircraft use)
are sought to be changed by the direction of CASA. This in my view is an attempt not
to make the proposals subjected to Parliamentary scrutiny as would be the case if they
were tabled as proposed Regulations. (ANON-Z7UJ-QXEA-Y)

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Given that CASA has now deemed CSF’s to be a ‘sector’ worthy of specific and unique directions, which impact significantly upon the rights of pilots and owners to fly and operate their machines according to current regulatory requirements, then it is incumbent upon the Authority to heed its own recommendations before publishing a set of directions without industry or ‘sector’ consultation. It is insufficient that it has written the directions without consultation nor proper analytical process, to now stand behind the one month ‘consultation’ feedback process (which has no statutory mandate in terms of changing the directives pursuant to the consultation), or that it may now be embarking on a data analysis or risk analysis subsequent to the issuance of the proposed directions. (ANON-Z7UJ-QXEC-1)

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It is not reasonable for this proposal to be the first action the regulator takes in relation to CSFs, when it hasn’t even bothered measuring the effectiveness of the lessintrusive and less-disruptive alternatives required by Regulatory Philosophy principle 9. (ANON-Z7UJ-QXES-H)

See responses here: https://consultation.casa.gov.au/regulat...descending

Started the arduous task of reading many of the public submissions/comments and already I am beginning to see much more dissension to the Angel Flight embuggerance than CASA would have us believe.

But then I guess much like the Colmar Brunton industry survey - see http://www.auntypru.com/forum/thread-37-...ml#pid9588 + https://auntypru.com/forum/showthread.ph...45#pid9745 - it is very easy to write a weasel word confection to deceive the average punter reading that purely by association the overall majority of respondents were supportive of the CASA embugerance of AF...

17 (8%) respondents commented on the perception that CASA had failed to follow its consultation process.

 
However in reality, going through the individual comments, it does not take long to get a general picture that industry and Angel Flight users are totally aghast and disgusted at the underhanded tactics by CASA, over the Xmas/New Year holiday period to ram home a 30 day consultation process - example:

 
Allen - My daughter has been assisted by Angel Flight in over 100 flights. Any proposal that threatens the survival of such organizations is completely unacceptable. Angel Flight has been tremendously informative in regard to information in relation to safe travel in small aircraft. Every pilot (and there have been many) has been courteous, well informed and VERY experienced. There have been times when flights have been cancelled due to concerns in relation to weather conditions. this has been at the instigation of the pilot or in some instances where we have been unsure of the weather by myself. It is time for CASA to stop hiding behind its title and put a real name of the PERSON who is behind this underhanded approach to regulation change so that they can be counselled in regard to the ramifications of these outrageous and unnecessary changes that are being proposed . Whoever it is should try living in an area remote from major services and experience the exhaustion and tears that accompany long road or rail trips , and the difference that air transport can make to someones life. This is especially so for those with medical conditions. I should point out that Angel Flight is also extremely clear in its requirements with regard to passenger suitability and the restrictions small aircraft provide. Angel Flight also prefers a support person travel with the person to assist wherever necessary. It is also made very clear that this is not a Medical flight service but rather a helping hand to get where you need to go. This assistance is provided FREE OF CHARGE to those like my daughter who need it. Where we live there is NO RAIL anyway so that argument as an alternative is bogus .Where we are is minimum of three and a half hours drive to Canberra and six and a half hours to Sydney. These are straight through times and do not allow for the necessary regular stops due to pain and discomfort. CASA is well aware of the time difference air travel makes. Thank you for your consideration of this information Yours FaithfullyRedacted text Allen

  
However putting aside the highly charged emotive reactions and comments, IMO for a true in a nutshell appraisal (so far) you cannot go past the excellent 'big picture' submission from Associate Professor Chris Andrews : 

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SUBMISSION REGARDING ANGEL FLIGHT PROPOSALS.
Assoc Prof Andrews
BE MBBS MEngSc PhD JD GDLP DipCSc EDIC ACCAM
FACLM MACS SMIREE SMIEEE
Holder – CPL SECIR

I wish to make the following points regarding the operation of Angel Flight.

Preliminary

Angel Flight makes a positive and humanitarian input to the benefit of Australian people. I speak from the perspective of a pilot, and consider that this proposal (which is not a consultation, but a notification) takes aircraft operations down a very dangerous administrative path, with implications far beyond Angel Flight operations. CASA needs to consider very carefully taking administrative regulations down this path for reasons outlined below. In a supposed climate of consultation, removal of administrative burden, and fair transparent rule making, this proposal entirely negates this, and ought to fill pilots with dread. It is a dangerous precedent for further CASA action “justified” on similar principles. The most dangerous are … the regulating of flights based not on pilot qualification; the restriction on fully qualified pilots on exercising the functions that they are fully licenced for, based only on passenger characteristics; and the danger of setting CASA up for potential legal action with such unwise actions.

I have read the submission of the Angel Flight organisation. I have no personal knowledge of the discussions between CASA and Angel Flight, so I do not enter that conversation. If what is stated is correct, that is the lack of fulfilment of procedural requirements for new regulations, then CASA must immediately withdraw this proposal and re-enter under proper procedures.

Much of what Angel Flight’s submission states echoes my own feelings, and I will only highlight my own specific points. I support the Angel Flight submission, and look forward to it getting full examination, supported by many such as myself.

1. A major concern

A major item that stands out – like the proverbial sore thumb (!) – is the lack of discussion justifying this proposal, and in particular the lack of data in support of any change. Indeed, no data at all. And the lack of any data that changes will in fact achieve what is purported.
I make a point below that the CASA attitude is “if it moves, regulate it”. An important requirement for CASA is to know when NOT to regulate something, and this is one of those occasions. CASA has a very bad name for interference, to no good purpose other than to increase administrative, financial, and curtailment burdens. This is a case where CASA’s best compliance with fair open and transparent processes is to do nothing, and in particular, because there is no need to do anything.

In particular, CASA gives no indication of:

a. Why Angel Flight requires any regulation. i. What is it in the operation that allegedly falls short? I cannot find anything.
ii. What are the figures supporting i above? What is the water tight data, reliably collected and stated, that justifies the interference?
iii. What supports any safety examination of Angel Flight? I believe it to be an enviable record.
b. What are the tight figures comparing Angel Flight with other community service activities here and overseas?
c. How, specifically, do the proposed regulations address each of these, if they exist – tightly argued and justified and supported by hard data?
d. What are the figures justifying the claim that the proposed protocols improve the operation of Angel Flight, and aviation in general, beyond further destruction of GA?
e. What is the justification, in tight argued terms, that these propositions further CASA’s gazetted aims?

As these proposals are presently presented, they smack of ill consideration, unjustified beyond a gut feeling that someone somewhere thinks it might be a good idea. No argument beyond subjective opinion has been forthcoming.

The implications of this proposal go far beyond Angel Flight alone, as stated below, probably unwittingly. There are particular precedential consequences for discrimination, licencing, the validity of licencing, the paradigm shift in characterising flights by their passengers rather than their pilots, maintenance, as well as the more general rolling of the eyes at another needless foray of CASA to regulate something which should not be regulated.
 
2. A safe operation

Angel Flight conditions of carriage are well known, and well communicated. They are well known to passengers, and well accepted by pilots. There is no need for their restatement in any additional form.

The safety of Angel Flight is very well established. There have been far fewer mishaps on Angel Flights than in general in GA. Far Fewer. The commitment and responsibility of Angel Flight pilots are legion and contribute to this. Angel Flight pilots, in fact, self-select into a safer and more responsible population than the general pilot population.

Angel Flight qualifications and standards are clearly stated and rigorously complied with. It is a self-regulating operation with an enviable record and there is no reason to interfere with this. And particularly in this way with so many wider implications.

This proposal smacks of the CASA attitude of “if it moves, regulate it”. There is no justification for interference, and there is absolutely no argument that any new regulation will improve a close to perfect safety record or any other record.

Item 1 – If figures exist to the contrary of that just stated, CASA must transparently submit them, and open then to wide scrutiny.

Until the need, and justification for “improvement”, can be clearly demonstrated, CASA has no reason for involvement, and interference under these circumstances is resented, as killing a fine operation.

Item 2 – CASA needs to justify why any regulation at all is needed, and justify why any proposed regulation will improve any safety criteria.

Item 3 – CASA needs to divest itself of the worrying propensity to interfere in things working well under their own regulation, and to recognise when a working item should be left alone.

3. Licence by passenger rather than pilot

This proposal concerns pilots operating, and specifically required to be operating, and agreeing mandatorily to operate, within the terms of their licences. Pilots are carrying out operations entirely within the terms of their licences. Do bus licencing authorities impose conditions on bus licensees after they have been issued with a bus licence?

CASA is now adding conditions on top of existing licences. This may be actionable in law. In particular, if an Angel Flight passenger is carried, then certain requirements have to be met altering an existing licence which is exercised entirely within its proper terms.

This is an entire paradigm shift in licencing. While aimed at ostensibly Angel Flight, it is a true thin end of a wedge that will fill any pilot with dread.

This has the precedential possibility of changing licence conditions pilot-wide without appropriate canvassing and implementation. It, too, may be actionable. There is danger in singling out Angel Flight passengers, and also may be actionable on discrimination grounds. One fears that if CASA might succeed in this area, it will have its sights set on arenas which are more truly what it is aiming at. For this reason, it is important to put one’s foot down now.

Item 4 – CASA must reject the notion that pilot operations depend on passenger characteristics rather than pilot qualifications beyond the current position – e.g. with regard to fare paying and RPT requirements, none of which is relevant to Angel Flight.

Item 5 – CASA must declare what other operations it will apply provisions to, other than Angel Flight

Given the idea that operations are proposed to depend on passenger rather than pilot qualifications, the door is open by precedent to interfere in other operations, perhaps like:

a. I decide to go to a church weekend away in my private plane, and offer a lift to my friends.
b. Me as a pilot taking my work mates sightseeing
c. Me travelling to a work engagement in my private plane, rather than drive, and offering a lift to my friends.
d. In a similar way,me offering a lift to friends from point A to point B as I personally am happening to fly my aircraft in lieu of my driving or using other transport.

And so on, to name just a few examples. All these are under the legitimate terms of my licence, and able to be characterised by a passenger population rather than a pilot qualification. It is obvious how ludicrous a situation this leads to, but CASA is leaving this door wide open.
Is a CPL or ATPL holder going to have to characterise his flight on whether he is carrying his football team, or his musician friends, or film stars, and so on, rather than any other group of passengers.

4. Licence conditions

The Angel Flight operation is carried out strictly in terms of a pilot’s licence, legally and stringently obtained. Angel Flight adheres to this rigidly, and even limits operations within the given licence structure (experience requirements, day vs night requirements, instrument vs visual requirements, and so on). This further says that self-regulation is stringent and shows excellent results. Exams and flight tests have had to be passed, and operational activities are dictated by the terms of a licence.

With this proposal, CASA is tacitly saying that a given licence is inadequate. It is tacitly saying that for a long time that it has ignored establishing and promulgating inadequate licensing. Angel Flight pilots operate strictly within the terms of their licences, and now find that CASA does not trust the licence that CASA itself has issued.

Given that CASA considers its licence to be inadequate, it needs to come into the open. The fix is to rework the licence requirements, not to impose requirements on single operation activities and thereby patchwork over the inadequacies.

Item 6. CASA must look at the basic implications of the proposal and not to restrict individual activities, when it is tacitly saying any problem is deeper. If the existing licence is inadequate, given pilots operate scrupulously within the terms of their licence, then CASA must look at licence qualification process. However, if existing licensing is indeed adequate, then CASA has no business making this sort of proposal.

I have heard it said that some instructors, CFIs, etc, are worried that a particular individual, though licenced, is such a bad pilot that they wouldn’t trust them to carry any passenger, let alone an Angel Flight passenger. This is a matter for examining the licencing process and certainly not for the restriction of Angel Flight. CASA needs to look at the root problem and not concentrate on “symptoms” by restricting Angel Flight, and if it tries to catch this problem in this way, is entirely missing the proper focus.

5. Maintenance

It is agreed, also by CASA, that the maintenance burden on GA is part of the burden killing GA. CASA has recommended new classifications and requirements for maintenance. Angel Flight pilots and owners, if undertaking activities other than Angel Flight, are perfectly entitled to take advantage of these new requirements.

But by undertaking Angel Flight, CASA forces pilots and owners out of the categories available to them, and forces them into the higher charter category maintenance.

This is a case of:

a. Inadequate thought given to a patchup proposal, and the left hand not knowing what the right hand is doing, given the much wider implications, and
b. A case of maintenance compliance being driven by a passenger class, and not a pilot/owner entitlement, when it should be driven by aircraft need, with no aircraft being superior or inferior to another as far as care is concerned, regardless of passenger group.

Item 7 - CASA must resolve the clash with other regulations so that pilots and owners are not denied their natural rights available in other provisions

Denial of natural rights also may well be actionable.

6. Conclusion

I support the terms of the Angel Flight organisation submission, and it should be read in addition, adding a further voice to it.
CASA has been pursuing Angel Flight for some time. It tried to enter a proposal in the past. It was withdrawn. It is time CASA recognised that this is not a sphere in which it ought to be involved. If it is serious about supporting and enhancing GA activities, it should recognise where action is not required. And action is not required where
 
a. increased administrative burden limits laudable activities – to no good end in safety or otherwise;
b. regulation diminishes the properly licenced rights of individual pilots;
c. a demonstrably safe activity will not lead to enhanced safety if this proposal is implemented;
d. proposals impose extra conditions on pilots/owners outside their existing licences, thus modifying their licence conditions surreptitiously.

It is my view that if this proposal was implemented it would be easy to mount legal action on the basis of:

a. Discrimination legislation
b. Adding non-agreed conditions to existing licences
c. Limiting options otherwise allowed by right, and even recommended, by CASA, to pilots and owners

CASA must be extremely cautious with what it is proposing, as the implications are likely to be actionable, and extend far wider than Angel Flight. This probably comes from a poorly considered patch-up attempt to address “symptoms” rather than a root cause.

I strongly recommend that this proposal not be proceeded with.

Associate Professor Andrews
Brisbane
CPL and CIR holder.

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It is interesting to note that Associate Professor Chris Andrews is also a medical doctor and a 15 year CASA approved DAME, who also made this excellent submission to the CASA Avmed review in 2017: https://www.casa.gov.au/file/183326/down...n=93f8YY0Y



MTF...P2