CASA Briefing newsletter - March 2010

[Admin]

From Director of Aviation Safety

 

John McCormick

 

[imgALIGN=left]http://casa.gov.au/wcmswr/_assets/main/media/gallery/images/mccormick/mccormick1.jpg[/imgALIGN]I recently reminded CASA staff of the importance of keeping CASA's role as an aviation safety regulator clearly at the forefront of our thinking. This is important because there can be other factors that may seek to influence CASA's decision making. One of these factors can be economic or commercial considerations. CASA is not an economic regulator, and we have no authority to allow economic or commercial implications to influence the safety-related decisions we are obliged to make. It is only after a safety-related determination has been made that the economic or commercial consequences of that decision must be considered. CASA does have an obligation to look at the impact on the aviation industry and broader community of our decisions and actions, but safety must come first.

 

What CASA can do is look at how safety decisions can be implemented. Where the interests of safety and the requirements of the civil aviation legislation allow one, and only one, correct course of action, then that is the action that must be taken. In most cases, however, satisfying the requirements of the law and safety allows for more than one response. Where more than one course of action is equally acceptable to CASA to achieve the required safety outcomes, then those options should be considered. If one option is financially or commercially less onerous CASA should always opt, and allow the aviation industry to opt, for that course of action. Naturally, that action must be consistent with the overriding interests of safety.

 

Understanding 'strict liability'

 

A breach of most of the provisions of the Civil Aviation Regulations and the Civil Aviation Safety Regulations, and a few of the provisions appearing in the Civil Aviation Act, are offences of strict liability.

 

Unfortunately, many people misunderstand what strict liability means and have come to believe that it somehow involves a presumption of guilt, as opposed to the presumption of innocence that is central to our system of justice; and that it also involves a shifting of the burden of proof from the prosecutor to the person charged with the offence. This is simply not so.

 

The primary difference between a strict liability offence and what are known as 'fault based' offences is that there is no requirement for (and hence no need to prove the existence of) a mental element, that is a particular state of mind - intent, knowledge, recklessness or negligence - on the part of the defendant charged with a strict liability offence. This is the norm for a wide range of legislative requirements involving public health and safety matters.

 

Most ordinary road traffic offences are offences of strict liability. So, for example, if a driver decides to dispute a charge of driving without a seat belt, the prosecutor need not prove that the driver intended not to wear, knew they were not wearing, or simply forgot to wear their seat belt. All that needs to be proven is that, in fact, the driver was not wearing their seat belt.

 

Strict liability does not reverse the burden of proof, and there are no provisions in any CASA legislation (current or proposed) that do so. Every element of a strict liability offence must be proven by the prosecutor, and proven beyond a reasonable doubt. It is not and has never been the case that the defendant must prove that they did not commit the offence.

 

Making the breach of a safety requirement set out in the civil aviation regulations an offence of strict liability is entirely consistent with Commonwealth criminal justice policy. This has been the norm for the vast majority of the Civil Aviation Regulations, the Air Navigation Regulations before them and the Civil Aviation Safety Regulations.

 

CASA's regulations are made by the Governor General, not 'by CASA', and they are subject to disallowance by the Parliament. They are drafted by the Office of Legislative Drafting and Publishing, which is part of the Attorney-General's Department and, as with all Commonwealth regulations containing criminal offences, they are thoroughly reviewed by the criminal law branch of the Attorney-General's Department before they are finalised.

 

However one may feel about the substance of the civil aviation legislation, it cannot be said to have been developed, drafted or applied in anything but complete fidelity to all applicable requirements of the law, and in strict accordance with processes that are the hallmarks of our democracy.

 

Airspace changes

 

The month of June marks a number of important changes at aerodromes currently operating under general aviation aerodrome procedures and class D airspace procedures. It also marks changes to procedures at non-towered aerodromes. This package of changes will affect many pilots and operators and I urge everyone to learn all about the improvements that are being made well before the start date of 3 June 2010. CASA is about to roll out a comprehensive information and training campaign, so keep an eye on our web site, read the information in this newsletter, look out for Flight Safety Australia magazine and study the material we will send you.

 

Best regards

 

John F McCormick

 

Changes on the way for non-towered aerodromes

 

A number of changes to procedures at non-towered aerodromes are set to be introduced from the middle of 2010. The planned changes will affect operations at hundreds of aerodromes across Australia where air traffic control services are not present or are not operating. The most significant proposed change will be a new requirement to carry a radio at all registered, certified and military non-towered aerodromes. Making the carriage of radio mandatory at these aerodromes will improve situational awareness and the separation of aircraft. There is also set to be changes to traffic circuit procedures, standard radio broadcast formats and the way the mix of traffic is managed. Traffic mix covers aircraft size and performance, wake turbulence and windshear and collision avoidance. Two new advisory publications will be issued by CASA which will set out the new procedures clearly and in detail.

 

The planned changes to procedures at non-towered aerodromes are a result of reviews of the national airspace system reforms which were introduced in 2005. CASA issued a notice of proposed rule making in 2009 setting out the proposed changes, following extensive consultation with the aviation industry. Most feedback about the proposals from the aviation industry has been positive. There will be an extensive information and communication program run by CASA prior to the introduction of the changes to procedures at non-towered aerodromes on 3 June 2010. This will include on-line, printed and face-to-face communications.

 

Find out more about the changes to Civil Aviation Regulations 166

 

Register now for GAAP to class D workshops

 

Everyone who operates at a general aviation aerodrome procedures airport needs to register now for an important workshop. The workshops will clearly explain all the implications of the introduction of class D airspace procedures at the current GAAP airports. Class D procedures are scheduled to take effect at Bankstown, Camden, Moorabbin, Archerfield, Parafield and Jandakot from 3 June 2010. Workshops are being held in May in Sydney, Melbourne, Brisbane, Adelaide and Perth. There will be two sessions at each location - afternoon and evening - with registration essential as places may be limited. The workshops are a key part of the information and communication campaign being run by CASA on the changes to GAAP aerodromes. Pilots and GAAP operators will also be able to access an on-line interactive web resource, as well as brochures and maps. The popular visual pilot guides for each aerodrome are being updated and will be re-issued.

 

The new class D airspace procedures to take effect at GAAP aerodromes from June this year will also apply to aerodromes where class D procedures are currently in place. This means many pilots who do not operate at GAAP aerodromes will need to learn about the new procedures. A range of changes are being made to procedures, many based on United States class D. Changes cover areas such as air traffic control clearances to enter class D airspace, specifications for visual meteorological conditions, maximum airspeeds, parallel runway operations, departure reports by aircraft operating to the visual flight rules and wake turbulence separation.

 

Register for a GAAP to class D workshop now

 

Pilot training and checking under review

 

Thousands of pilot proficiency records are being checked by CASA to make sure flight crew training and checking organisations are meeting the required safety standards. The review will result in a national analysis of the effectiveness of the flight crew training and checking system required under Civil Aviation Regulation 217. The regulation says regular public transport operators and a range of other operators such as aero-medical and search and rescue must have a training and checking organisation to ensure flight crews maintain their competencies. At least two checks a year must be carried out. CASA is looking at proficiency records for all pilots working for a current holder of an active air operator's certificate, going back at least three years. It is expected the review will be completed in the second half of 2011.

 

The review will give priority to looking at the records of pilots who have been involved in an accident or incident and those who have failed one or more flight checks. Records will be examined to see if the training and checking organisation had identified any weaknesses in a pilot's performance and what actions were taken. The review will also look at the comprehensiveness of pilot proficiency records, systems for tracking and monitoring the performance of pilots and the compliance of training programs with approved manuals. Once the review is complete CASA will identify any trends or deficiencies in training and checking and develop appropriate responses.

 

We take a lead in unmanned aircraft safety

 

Australia is playing a leading role in the development of international standards for unmanned aircraft systems. Jim Coyne, who manages CASA's future technology branch, has been appointed chair of the International Civil Aviation Organization's Unmanned Aircraft System Study Group. The group is working to develop a package of regulations, manuals of standards, recommended practices and advisory material for the operation of unmanned aircraft. A key goal for the project is to create a regulatory framework that allows the safe operation of unmanned aircraft in airspace alongside manned aircraft. This will require international standards covering design, certification, maintenance, security and airspace procedures. One reason Australia won the position of chair of the study group is because Australian regulations already include a set of standards covering unmanned aircraft. The Civil Aviation Safety Regulations part 101 provides a framework for the operation of unmanned aircraft, supported by guidance material. Australia has also set aside several areas of dedicated airspace for the operations of unmanned aircraft.

 

Guide to aircraft maintenance for pilots

 

Pilots have a new, easy-to-follow source of information on all aspects of aircraft maintenance. CASA has published a revised maintenance guide for pilots - a 41 page booklet which covers everything from maintenance releases to maintenance that can be performed by pilots. The guide also explains the certification for maintenance, daily aircraft inspections, minimum equipment lists and special flight permits. In the section on maintenance releases there is a step-by-step explanation of each part of the document that must be understood and completed by people responsible for aircraft maintenance, maintenance personnel and pilots. The guide stresses that the daily aircraft inspection, an inspection that must be carried out before the first flight on any day the aircraft is flown, is just as important as periodic inspections. A daily inspection must be performed by a licensed aircraft maintenance engineer, a pilot endorsed on the aircraft type or an approved person. Pilots are reminded the only maintenance they may carry out is set out in the Civil Aviation Regulations. Twenty two maintenance tasks pilots may conduct are listed in the regulations, along with conditions and restrictions.

 

The maintenance guide for pilots can be ordered from the CASA on-line store

 

Balloon instructors brush up their skills

 

The balloon sector and CASA are working together to improve the quality of balloon pilot instruction. A special seminar was held earlier this month to focus on a range of key instruction issues. About 30 balloon instructors attended the seminar, held in Canberra to coincide with the Canberra Festival hot air balloon events. Both commercial and private balloon instructors attended the seminar. Topics covered during the two day event included the principles of learning, learning styles, oral questioning and student debriefing. A 'role playing' workshop was also part of the seminar. CASA's balloon specialists, flying training specialists and flying operations inspectors all took part in the event. Feedback from participants was excellent. One balloon instructor said: "The seminar was well prepared, run professionally and pleasant. Balloon pilots share the air with other recognised pilots and appreciate CASA's investment of personnel and materials for this seminar."

 

Helicopter engine cooling fans must be checked

 

Maintainers and operators of helicopters powered by a vertical piston engine with engine driven cooling fan disks are being warned to strictly follow maintenance requirements for the cooling fans. The fans can suffer catastrophic failures, which can damage flight controls causing potential loss of control of the helicopter. In an airworthiness bulletin CASA says the approved data for the operation and maintenance of the cooling fans must be understood and followed. The fans, which are constructed of thin sheet metal, typically fail due to the rapid progression of fatigue cracking originating at the fan blade root region. This fatigue cracking can be caused by improper operation of the helicopter or by not following correct maintenance procedures. Pilots must be careful not to operate engines in the critical RPM band for longer than permitted on starting or run down as this forces the fan to operate in a destructive resonant condition for too long. This may cause an otherwise serviceable fan to quickly self-destruct. Maintenance procedures that must be followed include daily and periodic inspections, surface protection, repairs, track and balance, belts, drive shafts and cooling ducts.

 

Read the helicopter cooling fan airworthiness bulletin

 

Aussies attempt to break world kite record

 

Approval has been given for a Sydney man to attempt to break the world kite altitude record. Robert Moore is looking to fly his 120 square foot kite to around 15,000 feet – well above the current world record height for a single kite of 13,609 feet. CASA has given approval for Robert and his colleagues to make an attempt on the record between 23 March 2010 and 6 April 2010. An area of Cable Downs Station near Cobar in NSW has been approved as the launch site for the kite. The instrument of approval requires the kite operator to take a range of actions to mitigate any risks to other airspace users. These include only operating in daylight and visual meteorological conditions, operating up to a height of 18,000 feet, having a 10 nautical mile area declared temporary restricted airspace and notifying the Melbourne air traffic control centre when the kite is to be launched. The kite must also be fitted with strobe lights, fluorescent streamers and a GPS radio tracking device. Robert Moore and his colleagues reached 10,466 feet in a similar attempt on the world record in 2007. A lack of suitable wind prevented the kite from going any higher on that occasion.

 

Find out more at the kite world record attempt web site

 

Extra work to keep the Top End safe

 

Commercial pilots from the Kimberley in Western Australia the Katherine region in the Northern Territory have taken part in special local training to help them operate more safely. CASA conducted three workshops this month focussing on issues relevant to flying in the North-West and Top End. Topics covered included hazardous weather, flying in hot weather, fuel management, pilot health and performance and surviving in remote regions. CASA's safety advisors also provided refresher training on the regulatory responsibilities of commercial pilots, how CASA carries out ramp checks and the maintenance pilots can perform on an aircraft. The special workshops follow a heightened level of activity by CASA in the Kimberley and the Northern Territory in recent years. Issues covered in the workshops were identified as being common areas of concern for many commercial pilots operating in remote areas. In particular, the workshops focussed on giving extra support to new commercial pilots now working in conditions and operations very different from those experienced elsewhere in Australia. In total, more than 100 pilots attended the three workshops.

 

Case studies show dangers of low level flying

 

The dangers of low flying are the focus of a new pilot education publication from the Australian Transport Safety Bureau. Seven low flying accidents are used as case studies to highlight the inherent dangers of low flying, as well as providing lessons for all pilots. Six of the accidents were fatal and six were associated with unauthorised and unnecessary low flying. Five of the seven accidents involved aircraft striking powerlines. The ATSB's report concludes that low level flying should be avoided at all costs when there is no operational reason to do it, regardless of whether pilots have been trained or approved for these operations. Low level flying is unsafe because there are more obstacles to avoid, pilots have a higher workload, there may be turbulence and windshear and there is very little time to recover control if something goes wrong.

 

From the seven accidents described in the report, the two major hazards of low flying are wire strikes and the lack of opportunity for pilots to recover their aircraft from a stall or loss of control. "Pilots must keep in mind that not only do powerlines exist at low levels and in remote areas, they are also not easy to identify," the report says. "Even if a pilot has spotted a power line, his or her ability to judge its distance from the aircraft can be distorted by optical illusions or a lack of nearby references points." CASA requires pilots to undertake special training and endorsements to be able to legally conduct low level flying.

 

Read the low level accidents case study report