[Peetwo]

The Yaffa on Part 91...

Courtesy Oz Flying...

Civil Aviation Safety Authority inspector overseeing aircraft operations. (CASA)


CASA publishes Part 91 "Road Rules" Package
13 Aug 2015

CASA today published CASR Part 91 general operating rules for public review before they become law.

Part 91 is package of regulations that consolidated both new and current rules from the Civil Aviation Regulations and Civil Aviation Orders, creating what CASA describes as the "rules of the road."

"Once in place, they will form the foundation for all civil aviation flight operations," CASA's Summary of Proposed Regulation (SPR) states, "much like the 'rules of the road', and will apply to all pilots, aircraft owners and operators, people who fuel and handle aircraft, loading personnel, air display organisers and air traffic services."

Part 91 covers rules such as responsibilities of the pilot in command, right-of-way rules, collision avoidance, minimum heights, VFR and IFR rules, flight instruments, emergency equipment, airspace classification and navigation regulations.

Most significantly, CASA has created a Part 91 Manual of Standards (MOS), which transfers most of the technical detail out of the CASR and into the MOS. According to the SPR, this was done to "allow CASA to more effectively respond to the need for changed requirements, as the MOS is more easily amended than the CASR."

Part 91 will not apply to UAVs and rockets (Part 101), aircraft covered by Recreational Aviation Administration Organisations such as RA-Aus (future Part 103) and free piloted balloons (future Part 131).

Part 91 will be open for public review until 6 October. The proposed legislation, list of amendments and the SPR are all on the CASA website.

In other words we'll let you have a look at it and try to come to terms with it, between now & Oct 06, then we'll bring out the couple of thousand page MOS and expect you to comply the very next time you dare to commit aviation - FFS

While on Part 91 Stan the Man has stumbled across a strange dichotomy, especially when you consider the re-opening of the ATSB PelAir cover-up investigation...

Hi All,

 
All of a sudden there is a pressing need for the preservation of “recordings”, in fact so important that it involves 50 penalty units.
 
I haven’t compared with the existing regs, (yes we should all know these off by heart!) In light of the apparent total disregard of same in the case of the PelAir floatation study, who was /now is responsible and how many Penalty Units apply or applied?
 
Wonder why all of a sudden this is such an important “safety” matter?  CAsA certainly would not use it against anyone in Court, would they? But then again few get their day in court and 'BLANK' (name withheld but guesses welcome - Hint starts with "A" & ends in "I" ) would hold any non-incriminating evidence back as not relevant in [this] action. So in the PelAir case money saved for the taxpayer. Another win for “safety”
 
Remember “Empty skies are safe skies”, here’s another thought along the lines of our “carbon” output reduction, we could/are leading the world in the reduction of G.A. flying – worth a mention at the Paris talks!
 
Regards

  
Here is the Part 91 reference to which STM refers:

91.865 Flight recorders—preserving recordings of immediately reportable matters

EXPOSURE DRAFT

(1) The operator of an aircraft for a flight contravenes this sub regulation if:
(a) the aircraft is fitted with an operative flight data recorder, operative cockpit voice recorder or operative combination recorder; and
(b) an immediately reportable matter occurs in relation to the aircraft; and
© the requirement mentioned in sub regulation (2) is not met.
(2) The requirement is that the flight data recording, cockpit voice recording or combination recorder recording of the period of the occurrence of the matter is preserved:
(a) if the Australian Transport Safety Bureau notifies the operator, within 30 days of the matter occurring, that the operator is not required to preserve the recordings—until the date of that notification; or
(b) if the Australian Transport Safety Bureau notifies the operator, within 30 days of the matter occurring, that the Schedule 1 Amendments Part 1 Main amendments 118 Civil Aviation Legislation Amendment (Part 91) Regulation 2015 No. , 2015 operator is required to preserve the recordings for a certain period—until the end of that period; or
© in any other case—for 30 days after the day the immediately reportable matter occurred.
(3) Sub regulation (1) does not apply if:
(a) the recordings are not preserved; and
(b) the operator took reasonable steps in the circumstances to preserve the recordings.
(4) A person commits an offence of strict liability if the person contravenes sub regulation (1).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in sub regulation (3): see subsection 13.3(3) of the Criminal Code.

Hmm...wonder if that could be back dated, remembering that CASA was initially asked by the ATSB if they would contribute to funding the recovery of VH-NGA's CVR/FDR.
The ATSB? - Well the Chief Commissioner would probably argue that the CVR/FDR was perfectly preserved in 40+ metres of sea water offshore from Norfolk Island (that is provided, of course, it is still there.. )
MTF...P2