Through the gloom, doom and despair; a little ray of sunshine; and a Choc Frog.
Only a tiny one – but enough to shine on a possible solution to the ‘Industry v CASA’ head butting competitions. Perhaps I’d best explain – as best I can, bear with me, it is a little complicated and not my tale to tell. Last evening was a ‘full-on ’Ill’s of Society (IOS) meeting; we were all waiting for P7 to roll up; which he did, only 30 minutes late. Beer in paw, tie off, jacket hung up – we all waited for the result of his day out. (We don’t let him out often). “Time” he said; “give me a half hour to collect my poor wits and have an Ale”.
He started off a little while later with one of the most shocking statements I; or, the other IOS have ever heard – “Choc Frog awarded to CASA Avmed.” Shocked silence…………He began thus:-
“I cannot go into the specifics, you are all aware of the hearing in the AAT today and you know I was essentially there to hold another fellah’s jacket and to assist – as and when required”. “So, I’ll bore you for just a little while – when I had my body restructure and zipper fitted, the risk and the cause were clearly, unequivocally and scientifically defined; cash and no bullshit”. “Happily, all was well, I did my six month penalty, collected the paperwork and, CASA re-issued my medical – no contest from them; cause, effect and prognosis clearly defined”. “In fact, I thank the ‘system’, for it saved my aging hide.
“When there is ‘doubt’ related to cause and a ‘considered’ reasonable amount of doubt about future ‘well being’ Avmed put the brakes on”. “When this happens – when the risk levels are marginal and the ‘patient’ feels fighting fit, a degree of friction is inevitable”. “This was the case today; essentially a protest against a rule of thumb and arbitrary ‘tick and flick’ process”.
“There can be little doubt that initially the CASA ruling was of this type – none.”
“There can be no doubt that CASA were prepared to stand behind the initial assessment”.
“However; as in my case, when the ‘facts’ are explained – properly, by an ‘expert’ in the field the CASA problems become clear”. “If we can, in this case, put aside the now nugatory initial balls up, the need to go to the Tribunal stage, still rests squarely with the CASA image”. “It is almost a reflex to rail against CASA generated action – based on distrust, suspicion and a wide knowledge of previous acts of embuggerance”.
“Operationally, CASA are terrible – true”. “In terms of ‘strict liability’ and the almost total lack of operational expertise calls out ‘challenge’; in fact the industry has lost any semblance of ‘faith’ in almost any operational ruling CASA make”. “And so, it’s off to the AAT; or surly silence; or, grudging compliance with ‘Yeah whatever’ tacked on: this is an incontestable fact of aeronautical life”.
So why the Choc Frog, howls the mob?
“Today I sat through a CASA argument – at it’s very, very best”. “Today I actually stood, listened and watched ‘my ideal’ Safety Authority working through a very difficult case”. “Their lawyer was, primarily, a gentleman worth knowing and I acknowledge the skilled, factual presentation”. The ‘CASA’ representative was of a similar although less vocal asset to the authority; CASA even brought along their new PMO – both an Officer and gentleman – in all ways; and, not to be underestimated”. “I should also mention the AAT Members were patient, courteous and receptive – in short there was ‘reasonableness’ in spades”.
So why the Choc Frog, howls the mob?
“OK – one big, huge fault; and, one very small glimmer of ‘hope’. The ‘fault’ lays within the industry’s CASA enforced, reactive approach to CASA”. “This, CASA have generated themselves; reform of the regulator is, to most ‘operational’ minds essential, the sooner the better – Amen”.
“However, today a ‘safety case’ was examined; and, without doubt, it all made perfectly good ‘operational’ sense – seriously, it did.” But then, the sun shone – there may be ways and means to satisfy the ‘safety case’ (as explained by an expert) and the restrictions imposed so as to satisfy both legal and operational safety, without arbitrarily preventing a pilot earning a crust, without endangering anyone and within the reasonable ‘safety’ case CASA have mapped out”.
“The ‘loss’ was that we all had to go to such lengths to arrive (at great expense) at the logical starting place for sane, sensible, balanced operational and legal discussion”.
“The win – both sides now understand the arguments of the other – there is a way forward – with discussions of sensible, operational and safety provisions being melded into a situation with which all can abide”.
“None of this could have been possible without a venue where both parties could express and examine ‘the details” “The mere fact that CASA and the ‘victim’ were willing to continue ‘discussion’ to see what may and what may not be possible rather than relying on the AAT making the decision for them, is IMO a great step forward.” So I say – well done CASA, well done Avmed and nicely done AAT”. “I’d like to award the AAT Members a Choc Frog apiece – but – we can’t, so a thank you, for patience and forbearance will have to do”.
That is the short (potted) version – I will second the Choc Frog motion; if only in the hope that we can see more and more of direct engagement with the ‘aggrieved’ outside of the AAT, particularly on medical matters. As TOM say’s it was easiology for him with Avmed; cut and dried, cause, effect and prognosis clearly defined; it’s when things become ‘borderline’ that the ‘best’ results – for all - may be obtained through informed discussion and a clear understanding of the ‘other fellah’s point; only fair and reasonable I’d say……Provided that it takes two to Tango is realised. Quid pro quo?
Can’t believe I’m saying this – but well done today CASA, I’d trust TOM’s assessment. More please, you have no idea how TOM’s adventure (abridged – sans colourful language) has encouraged folk to seek ‘meaningful’ dialogue prior to adopting a combative stance. A simple, clear explanation of ‘why’ CASA have made the decision is most helpful. Much more peaceful – like anyfing………
Toot – (walks away shaking head) toot. O&E excepted – ‘tis late.
Only a tiny one – but enough to shine on a possible solution to the ‘Industry v CASA’ head butting competitions. Perhaps I’d best explain – as best I can, bear with me, it is a little complicated and not my tale to tell. Last evening was a ‘full-on ’Ill’s of Society (IOS) meeting; we were all waiting for P7 to roll up; which he did, only 30 minutes late. Beer in paw, tie off, jacket hung up – we all waited for the result of his day out. (We don’t let him out often). “Time” he said; “give me a half hour to collect my poor wits and have an Ale”.
He started off a little while later with one of the most shocking statements I; or, the other IOS have ever heard – “Choc Frog awarded to CASA Avmed.” Shocked silence…………He began thus:-
“I cannot go into the specifics, you are all aware of the hearing in the AAT today and you know I was essentially there to hold another fellah’s jacket and to assist – as and when required”. “So, I’ll bore you for just a little while – when I had my body restructure and zipper fitted, the risk and the cause were clearly, unequivocally and scientifically defined; cash and no bullshit”. “Happily, all was well, I did my six month penalty, collected the paperwork and, CASA re-issued my medical – no contest from them; cause, effect and prognosis clearly defined”. “In fact, I thank the ‘system’, for it saved my aging hide.
“When there is ‘doubt’ related to cause and a ‘considered’ reasonable amount of doubt about future ‘well being’ Avmed put the brakes on”. “When this happens – when the risk levels are marginal and the ‘patient’ feels fighting fit, a degree of friction is inevitable”. “This was the case today; essentially a protest against a rule of thumb and arbitrary ‘tick and flick’ process”.
“There can be little doubt that initially the CASA ruling was of this type – none.”
“There can be no doubt that CASA were prepared to stand behind the initial assessment”.
“However; as in my case, when the ‘facts’ are explained – properly, by an ‘expert’ in the field the CASA problems become clear”. “If we can, in this case, put aside the now nugatory initial balls up, the need to go to the Tribunal stage, still rests squarely with the CASA image”. “It is almost a reflex to rail against CASA generated action – based on distrust, suspicion and a wide knowledge of previous acts of embuggerance”.
“Operationally, CASA are terrible – true”. “In terms of ‘strict liability’ and the almost total lack of operational expertise calls out ‘challenge’; in fact the industry has lost any semblance of ‘faith’ in almost any operational ruling CASA make”. “And so, it’s off to the AAT; or surly silence; or, grudging compliance with ‘Yeah whatever’ tacked on: this is an incontestable fact of aeronautical life”.
So why the Choc Frog, howls the mob?
“Today I sat through a CASA argument – at it’s very, very best”. “Today I actually stood, listened and watched ‘my ideal’ Safety Authority working through a very difficult case”. “Their lawyer was, primarily, a gentleman worth knowing and I acknowledge the skilled, factual presentation”. The ‘CASA’ representative was of a similar although less vocal asset to the authority; CASA even brought along their new PMO – both an Officer and gentleman – in all ways; and, not to be underestimated”. “I should also mention the AAT Members were patient, courteous and receptive – in short there was ‘reasonableness’ in spades”.
So why the Choc Frog, howls the mob?
“OK – one big, huge fault; and, one very small glimmer of ‘hope’. The ‘fault’ lays within the industry’s CASA enforced, reactive approach to CASA”. “This, CASA have generated themselves; reform of the regulator is, to most ‘operational’ minds essential, the sooner the better – Amen”.
“However, today a ‘safety case’ was examined; and, without doubt, it all made perfectly good ‘operational’ sense – seriously, it did.” But then, the sun shone – there may be ways and means to satisfy the ‘safety case’ (as explained by an expert) and the restrictions imposed so as to satisfy both legal and operational safety, without arbitrarily preventing a pilot earning a crust, without endangering anyone and within the reasonable ‘safety’ case CASA have mapped out”.
“The ‘loss’ was that we all had to go to such lengths to arrive (at great expense) at the logical starting place for sane, sensible, balanced operational and legal discussion”.
“The win – both sides now understand the arguments of the other – there is a way forward – with discussions of sensible, operational and safety provisions being melded into a situation with which all can abide”.
“None of this could have been possible without a venue where both parties could express and examine ‘the details” “The mere fact that CASA and the ‘victim’ were willing to continue ‘discussion’ to see what may and what may not be possible rather than relying on the AAT making the decision for them, is IMO a great step forward.” So I say – well done CASA, well done Avmed and nicely done AAT”. “I’d like to award the AAT Members a Choc Frog apiece – but – we can’t, so a thank you, for patience and forbearance will have to do”.
That is the short (potted) version – I will second the Choc Frog motion; if only in the hope that we can see more and more of direct engagement with the ‘aggrieved’ outside of the AAT, particularly on medical matters. As TOM say’s it was easiology for him with Avmed; cut and dried, cause, effect and prognosis clearly defined; it’s when things become ‘borderline’ that the ‘best’ results – for all - may be obtained through informed discussion and a clear understanding of the ‘other fellah’s point; only fair and reasonable I’d say……Provided that it takes two to Tango is realised. Quid pro quo?
Can’t believe I’m saying this – but well done today CASA, I’d trust TOM’s assessment. More please, you have no idea how TOM’s adventure (abridged – sans colourful language) has encouraged folk to seek ‘meaningful’ dialogue prior to adopting a combative stance. A simple, clear explanation of ‘why’ CASA have made the decision is most helpful. Much more peaceful – like anyfing………
Toot – (walks away shaking head) toot. O&E excepted – ‘tis late.