[Peetwo]

Su_Spence and the BOHICA - Syndrome??

KC quote (linked post above) from 6 years ago:

KC (AMROBA) explains it best:

"..Is CASA Australia’s Aviation Regulator or does it have an internal vision of being like one of the above?

Australia has created aviation requirements that are being prosecuted by a Regulator with a fixation on policing breaches of the criminal provisions they have created.

Aviation safety cannot be regulated into people as aviation safety relies on the safety culture of participants.

If CASA need access to metadata for ‘criminal’ offense then the Feds should be handling the offense.

This sought of dampens all the PR from CASA about working with industry.

This is a big brother mentality that does not improve trust or confidence in CASA.."

Talking about not improving 'trust or confidence in CASA, read the following from EWH (note the Su_Spence quotes in bold):

CASA releases First Plain English Guides
2 June 2021
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The Civil Aviation Safety Authority this week released the first of the plain English guides to regulations that were first recommended by the Aviation Safety Regulation review in 2014.

The first guides cover Civil Aviation Safety Regulations (CASR) Part 91 General Operating and Flight Rules and Part 101 Micro and Excluded Remotely Piloted Aircraft Operations and Civil Aviation Order (CAO) 48.1 Fatigue Management.

The object of the guides is to present regulatory requirements in clear, concise language that is more easily understood than the legal language of the underlying legislation.

New Director of Aviation Safety and CEO Pip Spence said the guides mean people in the aviation community do not have to trawl through the detail of regulations and standards for the information they need.

“In these three key parts of the safety regulations getting the information you need will now be quicker and easier,” she said.

“CASA has listened to feedback from the aviation community about making compliance with the regulations easier and we have delivered a practical solution.

“We are already working on guides covering other key parts of the safety regulations to build a library of plain English safety information that will be of most benefit to the aviation community.

The three guides are available free as digital documents or as printed copies for $2.95 plus postage, with ordering done through CASA's online shop.

“I encourage everyone to get a copy of the guides relevant to their operations and to actively use them to support their safe flying," Spence added. "This is an initiative that can make a significant impact on maintaining and improving the safety of Australian skies.”

 How things change - err NOT! 

Having a closer look at the 2 Parts (Part 91, 101) and 1 CAO (48.1), on a simple page count total we have over 332 pages...  

The mind boggles on how many pages the complete simplified plain English 'library' version (of which PS speaks) will be?? 

P2 comment: Referring to the 52 page PE version of Part 101 (Drone regs), IMO the most essential part to read is the following...  

Operation of an RPA in contravention of the Airspace Act 2007 and the Civil Aviation Act 1988, and the various pieces of subordinate legislation such as the CASR and MOS, can have significant penalties, including, in some instances, terms of imprisonment. Most of the aviation laws that apply to RPA are strict liability offences carrying fines of up to $10,500.

A strict liability offence is one where there is no need for CASA to prove the operator intended to break the rule, the act of breaking the rule is sufficient for the offence to be committed. There is a defence of honest and reasonable mistake of fact available.

Depending on the severity of the contravention, CASA may:
 › issue an infringement notice to pay a penalty
 › take administrative action such as suspending or cancelling your accreditation
 › compel the operator to enter into enforceable voluntary undertakings
 › refer a matter for criminal prosecution.

Not only can a contravention be expensive, but it can also result in a prohibition on future involvement with RPA.

MTF...P2