I don’t think the ‘industry’ has, as yet fully appreciated the value or understood the benefits brought by one of the best gifts it has been given in many a long year, the new MoU. You can see the dire effects of the ‘old one’ in the Pel-Air matter; clearly. The NTSB would not be stuffing about in the manner indicated by P2 (above). No Sir, they would run their own investigation, issue the CSI then, perhaps, as they have done in the past ‘discuss’ the ramifications with the FAA to achieve a positive, beneficial outcome; same-same in Canada and in most of the civilized world for that matter.
CASA chose, for their own reasons (MMTF) to activate their Pel-Air investigation in parallel, through the AILU under a MoU which was not ‘technically’ valid and unsigned. Now, should an operator have a new ‘approval’ pending, which was agreed but unsigned and not promulgated but went ahead anyway, ‘in anticipation’ of formalities being complete, the roof would cave in. But CASA went ahead on exactly that premise; in short they were bound to the existing MoU until such time as the ‘new’ MoU was ratified.
This askance allowed much of the exhibitionism, latitude and obfuscation of ‘fact’ uncovered by the SI. This may be clearly seen in the White scripted, Chambers aided, top floor abetted CAIR 09/03 abomination. This report demonstrates the unprecedented latitude (wriggle room) provided by an unsigned, not in effect MoU. For those who intend to force a predetermined outcome in order to cover their tracks and take full advantage, it was heaven sent opportunity. It must be sincerely hoped that no ‘legal’ action taken against the pilot, or later used against the survivors relied, even in part on that very moody report.
Anyway, thanks to the efforts of the Senators, Rev Forsyth and the TSBC much of the ‘wriggle room’ has been culled from the latest version MoU, certainly the chance to take the Mickey has been reduced, but not excluded (that comes down to the individual). Perhaps, if we have another event, the cautions and lessons learnt from the old style of ‘cooperation’ will be remembered. Perhaps Manning and Skidmore can come to a tacit agreement whereby the cobbler sticks to his last. But no amount of paperwork will cure the intent to act dishonourably, it will come down to structural and moral integrity of the two top guys.
Meanwhile, thanks to the Senators and the Rev. Forsyth we now have a MoU which is much improved. We don’t need one, not many sane administrations do. But if we must, then lets hope this iteration will prevent another Pel-Air fiasco.
P2 – “Which means of course that the identified safety issue has effectively not been properly mitigated (still) in over five years.’
That the accident was allowed to happen was bad enough, but what followed was an absolute, total debacle; one with far reaching ramifications. The problems still exist, unresolved with the loop, or noose if you like, still open, awaiting the next victim.
Old Wazza and his sharp mates may think Pel-Air has all been neatly put away, finished tidy, back in it’s box: WRONG. Only when, metaphorically speaking, the tar and feathers are on the right arses, and things are put to rights can the rehabilitation of CASA, ATSB and industry begin. Hey Ho, such is life in the fast and loose lane.