The Last Minute Hitch: 10 June 2016
CASA has released its plan to bring the regulatory reform process to a close. I certainly hope this happens as stated, because the 28-year epic of reform festered into a Fisher King wound that still hampers aviation today. Yes, there have been several times that CASA has been directed to bring regulatory reform to a close in a timely manner; who remembers the commitment to have it done by 2010? If 2020 is indeed the end, that means a total score of 32 years and millions of wasted dollars given that so many of the regulations aren't actually reforms; they're just variations. I have to applaud Mark Skidmore because he's had the courage to publish the program, whereas his predecessors just let the whole thing drag on until their own tenures expired and it was no longer their problem. Skates has at least decided to own it ... for now.
AOPA has fired a rocket this week calling for the political parties to say something about aviation before the election. In the past, there has usually been policies released, but this time around both the Left and the Right are feeding us nothing but silence. With all the work that's been going on since the start of the year, it's disappointing to get that from the Coalition. We've come to expect it from the ALP, which has consistently pointed to the toxic Aviation White Paper as its policy statement whenever any question arose. There is still time for both the ALP and the Coalition to get something out, but it will be little skin off their noses if they don't. The mouse-like squeak of "aviation" is lost amongst the lion roars of "HEALTH", "EDUCATION", "TAXES", "ASYLUM SEEKERS" and "SOCIAL WELFARE". In politics, the money, energy and effort is always placed where the votes are.
The Federal Aviation Administration has offered $500 rebates to 20,000 IFR aeroplane owners to adopt ADS-B before their 2020 deadline. The whole idea is to get aircraft fitted out early to avoid a last-minute rush that the US avionics industry couldn't cope with. There's one snag: it has been estimated that 100,000 aircraft still need to be done, so the subsidies cover one-fifth of the work. The idea, though, is sound. The program runs for only one year and starts in our Spring, so it's a case of get in early or miss out completely. Offering the money to everyone at any time would not encourage early fitment. We've got less than 12 months to go before the Australian deadline kicks-in and the avionics industry over here has a similar problem. Our solution is different: if they don't fit in time they're grounded. Negative encouragement at its finest!
It is a real pity to see that strict liability will continue to apply to CASRs. Now, it will literally take an Act of Parliament to change this, so I suppose the provisions must remain whilst the concept itself remains. However, if CASA is genuinely serious about applying a just culture, they need to sponsor an act to have strict liability removed. The issue is this: whilst CASA has only to prove an infringement to take a pilot or operator to court, the opportunity remains for them to launch a vindictive prosecution that will cost an operator their livelihood to defend. It is true that an "honest mistake of fact" is a defence to the strict liability concept, but proving that to the judge will empty your bank account overnight. CASA is now asking us to trust that they will apply just culture themselves, but even Mark Skidmore has admitted that they need to earn that trust. But, has enough trust been earned for the aviation community to believe that just culture can protect them from misuse of strict liability?
May your gauges always be in the green,
Hitch