[Peetwo]

AMROBA July newsletter: Volume 14 Issue 7 (July 2017)[url=http://amroba.org.au/wp-content/uploads/2017/08/Volume-14-Issue-7.pdf][/url]

As usual the inestimable KC spells out in clear concise English the problems and the possible solutions for tackling the current regulator and regulatory impasse beleaguering the long suffering General Aviation industry:

1. General Aviation – Regulatory Operating in the Past.

Since the late 1980s, Australian GA has regressed, not progressed by modernising the regulatory system. Only the USA has general aviation sectors similar to ours. The FARs are a total GA system that the Pacific Region has adopted. Time is now crucial to stabilise, harmonise and reverse the current decline.

It makes no difference if you look at flight operations or the engineering fields of design, manufacturing and maintenance; general aviation is being regulated with outmoded philosophies when compared with the mature safe and proven USA system. Even the basic ICAO/FAA requirement to maintain aircraft as “airworthy” is not an Australian requirement. The most proven “performance-based” set of regulations that supports the safest and viable general aviation, is the FARs. Adoption must happen ASAP.

GA private operations, up to the FAR “Air Taxi” operations; GA manufacturing and even the adoption of a modified FAA FBO AMO system should also be implemented. Previous regulatory changes have not improved safety or created jobs; they have created an environment where jobs and participation are continually decreasing. It must be reversed so aviation can grow again.

If the GA aspects of the FARs were adopted, then representatives from other “operational” sectors would continue to lobby against FAR Part 91 as it would remove many regulatory imposts that have been implemented during the last decade or two by high profile lobbyists. It is time for government/CASA to start adopting the FARs for the benefit of general aviation that includes design, maintenance and manufacturing aspects. Adoption would also harmonise us in the Asia/Pacific Region.

Manufacturing: The Australian General Aviation Manufacturing Alliance (AGAMA) of businesses are being badly treated because the adoption of CASR Part 21 in 1998 imposed a fabrication inspection system that Australia had replaced with quality systems decades before. The FAA made major changes to Part 21 in 2009 to implement quality systems and CASR equivalent has not kept harmonised with the FAR.

GA Charter: Pre regulatory changes in the 1990s, the industry had a large number of small airlines (supplemental), GA small charter and individuals approved to provide pilot training that kept these sectors active and viable. When the FAR system was adopted, the FAA “Air Taxi” system was favoured by many. Irrespective, larger regional airlines will not support small GA Charter and/or Air Taxi but that should not prevent a cost effective safe system being implemented. The sad reality will be an over regulated system with airline type controls that will require high overheads that prevent small aircraft commercial operations.

Controlled FBO System: Pre regulatory economic reform/development, small AMOs existed without airline administrative requirements. In the US, the standards that are applied to FBO maintenance organisations are specified in an AC on condition the FBO employs FAA approved personnel who must comply with the applicable FAR Parts. Why not enable such operations in Australia as long as the FBO electronically registers on a CASA database and complies with CASA promulgated “standards” adopted from the FAA AC.

CASR Part 91 addresses the core of general aviation and CASA has failed to adopt FAR Part 91 as originally proposed to the aviation industry in the late 1990s. 20 years later and CASA has not finalised this most important regulatory operations Part that affects:

 private and professional pilots
 private and professional aircraft operators
 aircraft owners
 those who maintain, fuel and handle aircraft
 cabin crew
 loading personnel
 air display organisers
 air traffic services.

FAR Part 91 Applicability states:

(a) Except as provided in paragraphs (b), ©, (e), and (f) of this section and §§91.701 and 91.703, this part prescribes rules governing the operation of aircraft within the United States, including the waters within 3 nautical miles of the U.S. coast.
(b) Each person operating an aircraft in the airspace overlying the waters between 3 and 12 nautical miles from the coast of the United States must comply with §§91.1 through 91.21; §§91.101 through 91.143; §§91.151 through 91.159; §§91.167 through 91.193; §91.203; §91.205; §§91.209 through 91.217; §91.221, §91.225; §§91.303 through 91.319; §§91.323 through 91.327; §91.605; §91.609; §§91.703 through 91.715; and §91.903.
© This part applies to each person on board an aircraft being operated under this part, unless otherwise specified.
(d) This part also establishes requirements for operators to take actions to support the continued airworthiness of each airplane.
(e) This part does not apply to any aircraft or vehicle governed by part 103 of this chapter, or subparts B, C, or D of part 101 of this chapter.
(f) Except as provided in §§107.13, 107.27, 107.47, 107.57, and 107.59 of this chapter, this part does not apply to any aircraft governed by part 107 of this chapter.
Until the Government & CASA makes it policy to ADOPT FAR Part 91, GA will continue to suffer.

Of course, adoption would mean that many other Parts that have been made would need amending.

How KC manages to keep up such a gentlemanly, rational advocacy front in the face of extreme prejudice and disinterest from a self-serving minister and his minions, is quite remarkable really...


MTF...P2