RAA Member newsletter April 2023

[trailer]

This extract  from the RAAus CEO is somewhat concerning...
'As part of our ongoing Part 149 obligations, RAAus must provide CASA with a range of statistics, including safety and compliance data. For this first quarter of 2023, we’ve continued to see the same kind of non-compliances occurring, which is disappointing. As an example, we identified two aircraft flown without current registration, eight instances of Instructors operating with expired medicals, six instances of pilots operating without a current BFR, and the list goes on.'

[jackc]

And yet, they do not do incident/crash investigations now?

 

[turboplanner]

9 hours ago, trailer said:

This extract  from the RAAus CEO is somewhat concerning...
'As part of our ongoing Part 149 obligations, RAAus must provide CASA with a range of statistics, including safety and compliance data. For this first quarter of 2023, we’ve continued to see the same kind of non-compliances occurring, which is disappointing. As an example, we identified two aircraft flown without current registration, eight instances of Instructors operating with expired medicals, six instances of pilots operating without a current BFR, and the list goes on.'

 

8 hours ago, jackc said:

And yet, they do not do incident/crash investigations now?

 

And yet they have the duty of care to ensure there is no accidental negligence in the operations they administer.

Hand wringing isn't going to reduce the problem.

A compliance and enforcement component will

[trailer]

I suspect the issues are systematic created by the institutional strangulation of GA, the flow on to self regulated organisations is no suprise. It is increasingly very difficult to access instructors and maintance personnel in many locations. 

[Flying_higher]

Hmmm, interesting thread and lacking a bit of context me thinks. 
 

the CEO also went on and said that this was no cause for alarm, but that these continued things were disappointing, and essentially that we can do better. I don’t disagree actually. 
 

But given the scale of their operations with 10000 members, the numbers aren’t horrifying or alarming. I’d agree that people should take responsibility for getting their sh!t sorted. 2 aircraft not registered in a quarter out of 3500 aircraft is not too bad. At least they know how many aircraft they have on their register unlike CASA who have got zero idea as to how many aircraft are operating in their world. 

[jackc]

It will take a disaster to force a change, CASA will make  a an order on RAA and they will have a knee jerk reaction and respond with a  hard nosed solution in a very short space of time, to appease CASA.

Members will lose this way.

IF a policy was made over time with good planning, the the outcome may be far better?

 

[spacesailor]

When RAA deregister's aircraft , what do they expect ? . 

Were do those that run fowl of RAA go , if they are not ready to laydown & die for Beauroracy. 

Palm Island !.

spacesailor

[jackc]

The CEO is ex CASA?  I would allege he could have a tainted view of how RAA policies and regulatory responsibilities are and should be  be applied?  I believe there was  a covert visit by one of their officials to the Old Station Fly In. No doubt on a data gathering mission?  

Is the whole RAA System too onerous?  Its not correctly structured as it is being a regulator we must be a member of as well as being a company.  This is MY opinion and my comments are based on that. 

[turboplanner]

10 minutes ago, jackc said:

The CEO is ex CASA?  I would allege he could have a tainted view of how RAA policies and regulatory responsibilities are and should be  be applied?  I believe there was  a covert visit by one of their officials to the Old Station Fly In. No doubt on a data gathering mission?  

Is the whole RAA System too onerous?  Its not correctly structured as it is being a regulator we must be a member of as well as being a company.  This is MY opinion and my comments are based on that. 

There would be no reason for either CASA or RAA not to make a visit to a fly in.

In CASA's case being a prescriptive organization, they are observing for compliance with their regulations.

 

In the case of a Self Administering body where they and ultimately you are legally responsible for duty of care, the body doesn't come in and throw its weight around issuing instructions because that would be assuming legal liability, but self administering authorities can come along and audit the event to review whether it is operating to organisation rules or industry standards. They are distictly different ways of operating, but if done well, will achieve the same result, minimal injuries and fatal accidents.

[Roundsounds]

On 6/4/2023 at 8:21 PM, trailer said:

This extract  from the RAAus CEO is somewhat concerning...
'As part of our ongoing Part 149 obligations, RAAus must provide CASA with a range of statistics, including safety and compliance data. For this first quarter of 2023, we’ve continued to see the same kind of non-compliances occurring, which is disappointing. As an example, we identified two aircraft flown without current registration, eight instances of Instructors operating with expired medicals, six instances of pilots operating without a current BFR, and the list goes on.'

That’s easily fixed, stop auditing. 

[jackc]

I wonder what is on the rest of their ‘list’ ? We are only getting half the story? 

[turboplanner]

27 minutes ago, Roundsounds said:

That’s easily fixed, stop auditing. 

RAA is a self administering authority; auditing is an efficient way of administering without assuming liability.

The next step is how to deal with the non-compliance.

If one of those instructors had a medical episode with a pre-solo student RAA has a liability problem, so the gap needs to be closed as quickly as possible. I've previously used C&E sanctions. If you have that system installed in the constitution, you can suspend the instructor's rating until the Medical Certificate is propduced. For Natural Justice the instructor can appeal.

[turboplanner]

53 minutes ago, jackc said:

I wonder what is on the rest of their ‘list’ ? We are only getting half the story? 

No reason to believe that's not the total of the Audit or believe nothing is happening.

 

A CASA report on a 2013 audit showed 186 cases on another subject.

 

 

[jackc]

2 hours ago, turboplanner said:

No reason to believe that's not the total of the Audit or believe nothing is happening.

 

A CASA report on a 2013 audit showed 186 cases on another subject.

 

 

But, the RAA audit does not publish the complete audit  list it has compiled? 

[turboplanner]

31 minutes ago, jackc said:

But, the RAA audit does not publish the complete audit  list it has compiled? 

Put yourself in the shoes of the President.

You have to do something, you can't do everything at once, even though you're exposed for every forseeable risk.

You don't have the money to fix everything at once.

Not having the money is no excuse.

What I've done is fix issues systematically; the word soon gets around and a lot of the others have fixed their non conformance before you get to them.

 

The 2013 Audit is a good example against boasting that no one operates legally, people shouldn't bother to get licences etc. because one of those, with no visible number and no licence and very little flying skill triggered 186 people to spend months in some cases getting themselves and their aircraft up to scratch, and perhaps 40 to 60 never flew again.

[jackc]

Self compliance is up to the aircraft owner/pilot themselves?  Being a realist, who is going to catch people breaking rules anyway?  ONLY if something comes to light by way of an in incident OR someone snitches on the rule breaker?

We live in a totally imperfect World and Aviation is no exception.  Anyone with any brains looks at what rule they are breaking and determines if it compromises safety and breaking it cannot have a bad outcome.  

[turboplanner]

35 minutes ago, jackc said:

Self compliance is up to the aircraft owner/pilot themselves?

Yes, you're a member of a Self Administering Organisation (SAO)

Flying as an SAO became possible when governments started shedding unnecessary legal liability in the mid 1980s.

 

You have to eliminate any reasonably forseeable risk.

 

CASA GA pilots still operate like road users; under the statutory system.

On the roads, Police are inspecting for breaches, Flight Operations Inspectors are inspecting for breaches in the sky.

When SAOs are flying in CASA sky they are operating under both systems.

 

35 minutes ago, jackc said:

Being a realist, who is going to catch people breaking rules anyway?

You are responsible for complying with SAO self administering rules. Why would you want someone in a uniform with his name on it hiding behind trees at your expense?

 

35 minutes ago, jackc said:

ONLY if something comes to light by way of an in incident

Possibly two things.

1. If you have breached your duty of care, maybe a payout of $1m to about $15m.

2. If the even is judged as Culpable Negligence depends on the Crimes Act in each jurisdiction, but can be a manslaughter charge, which makes your behaviour in relation to the regulations very important.

 

 

35 minutes ago, jackc said:

 

 

OR someone snitches on the rule breaker?

Probably nothing in a Self Administering Organisation which has no C&E system in place, or unless they have given themself Powers to sanction behaviour.

 

 

 

 

Edited April 10, 2023 by turboplanner

[Keith Page]

On 07/04/2023 at 5:46 AM, turboplanner said:

 

And yet they have the duty of care to ensure there is no accidental negligence in the operations they administer.

Hand wringing isn't going to reduce the problem.

A compliance and enforcement component will

Hmmmmmmmmm....Pushing the compliance and enforcement component will greatly increase the "Catch Me if You Can" factor.

Comes down to simple marketing  strategy , One is better off being friends and offering -- than getting out there with a big stick.

[turboplanner]

Most people don’t know what Compliance and Enforcement is so they look at it that way, but it’s a behavioural management tool much more effective than say Road management through the Courts. A good system makes a big difference to the statistics.

[old man emu]

3 hours ago, turboplanner said:

Most people don’t know what Compliance and Enforcement is so they look at it that way, but it’s a behavioural management tool much more effective than say Road management through the Courts. A good system makes a big difference to the statistics.

Quite true.

 

If we can take Traffic Law compliance as an example, enforcement has definitely lead to greater compliance. Take excessive speeding for example. I spent a few years doing traffic law enforcement on the Hume Highway around Goulburn. At the time the speed limit on the highway was 100 kph. I wouldn't stop anything under 125 kph because there were much bigger fish to catch. Speeds up to 180 kph were not too unusual. The other month I drove through my old hunting grounds where the speed limit now is 110 kph. During a drive of about three hours I did not see one instance of excessive speed, and it was a Saturday when people were going from Canberra to Sydney for the weekend. So, to me that indicates that enforcement over time - a generation - has lead to reasonable compliance on the highway.

 

During the same years back then, Blood Alcohol levels above 0.180 were not uncommon. In the last years of my service, levels hardly passed 0.125. Again a combination of enforcement and generational change over time. One could also throw in the wearing of seatbelts. Who, now, does not feel naked driving along a road without having their seatbelt set?

 

However, and this is a big "however", I know that nit-picking enforcement has an entirely negative effect. In situations where a non-compliance is either trivial, or easily remedied, seeking compliance more often than not achieves it.  The jack-booted, officious enforcer will never obtain compliance. Just look at the "flash for cash" speed cameras.  With target speed settings unrealistically low for the locality, and operating where there is little likelihood of a "speed-related" incident, compliance lasts only on the near approach to the speed camera. And it is considered courteous for a driver to bring the presence of one of these units to the attention of other drivers who are approaching it.

[Bruce Tuncks]

I have noticed that board nominations have been called for. I reckon that OME and Turbs would be good there, if we can talk them into standing....

[turboplanner]

18 minutes ago, Bruce Tuncks said:

I have noticed that board nominations have been called for. I reckon that OME and Turbs would be good there, if we can talk them into standing....

Thanks, but I'm not a current member, I went back to GA. Could change back in the future though. I'd support OME.

 

[old man emu]

Recent circumstances have led me to re-evaluate my involvement with organizations of all types. That re-evaluation has resulted in my withdrawal from organizations of all types.

[Blueadventures]

18 hours ago, old man emu said:

Recent circumstances have led me to re-evaluate my involvement with organizations of all types. That re-evaluation has resulted in my withdrawal from organizations of all types.

Being in a position of organisations is similar to being a referee or umpire at times in my experience.

[turboplanner]

4 minutes ago, Blueadventures said:

Being in a position of organisations is similar to being a referee or umpire at times in my experience.

It can be. One night I got a phone call from a country President; he'd left the meeting to get clarification about a regulation. As we talked I noticed he was becoming less responsive and suddenly he said "I have to go!"

He phoned back about 20 minutes later and said "Sorry about that, I had to break up a fist fight between two members.