Powering ahead?

While their Honours made their comments in reference to the particular case, the judgment also indicated that “a ‘reasonable person’ in Country Energy’s position would have foreseen a possible risk … and would have taken the step of putting markers on the line”.

While the lawyers (and industry) are still pondering the wider implications of this case, one thing appears clear – power companies with overhead lines should take greater care in marking wires to improve their visibility to pilots.

While AAAA has been working with Country Energy in NSW in recent years to develop a low cost marker for powerlines and to have as many ‘bad’ wires as possible marked, it seems that other power companies may ignore their duty of care to all pilots at their legal peril.

The Australian Standard for the marking of cables and their supporting structures has been reviewed over recent years, and the new Standard AS3891 – Parts 1 and 2 – was recently released.

The new standard may not appear that different to the old, but there are some significant changes.

Critically, the new standard will permit the widespread use of a marker type that was developed by Daragee Engineering (Qld), Country Energy in NSW and AAAA.

The marker is a simple white flap of tough plastic that is attached to a cable with an industry standard insulating stick.

This brings the cost of purchase and fitting of a marker down from several thousands of dollars each to about $100 each.

That firmly places the possibility of economic marking of powerlines within the reach of every airstrip operator and every landowner that uses aerial application.

It also places an effective marking system within the budget of powerline owners and operators who should be looking at how they discharge their duty of care when their assets pose a real risk to known and legal aviation activities.

Unfortunately, there are some issues that haven’t changed in the new standard.

The air ag industry believes this represents a missed opportunity for aviation safety and is an indication of the culture of safety denial that still exists in some quarters – ‘it’s not my responsibility’ (read cost).

The height of a cable before it requires marking under the revised standard remains too high for sensible risk management on the part of cable owners for legal low level aviation such as aerial application.

With the ongoing increase in the use of aviation in firefighting, the high cable strung across a valley with no marking remains a very real threat to pilots conducting legal low level operations.

Similarly, the length of a single span that requires marking has not changed in the standard and remains at 1500m. Again, this is simply too long, especially if the cable is strung across a valley where aircraft may need to operate.

Many of the safety problems of powerlines should be addressed when the cable is planned and constructed, but there remains little practical interest from many power companies to ask whether their installation will pose a threat to someone else’s safety.

A risk assessment for aviation use at the point of planning would have a significant impact on safety. AAAA will continue to encourage powerline companies to adopt this approach. Such an approach is recommended in the revised standard but is not mandatory.

Country Energy advises that about 1500 markers are now up across NSW to assist aerial applicators and other pilots. It is understood that after years of prevarication, Ergon Energy in Queensland is also moving to mark hazardous wires with the new markers.

While the work with Country Energy on a better powerline marking system may be finally bearing fruit, and the rewrite of the Australian Standard will provide much needed flexibility, it may actually be the recent court case that provides the greatest stimulus for change.

Finally, all power companies across Australia should shoulder their duty of care to aviators after years of denial and mark their hazardous powerlines.

As pilots and operators we must also play our part in risk management by reporting ‘bad’ wires to the company that owns them and recording our reports.

DON’T FORGET All fixed wing aerial applicators must have transitioned to CASA Part 137 by May 26 or cease operating.

AAAA has a pre-approved Part 137 compliant Standard Operations Manual available which has helped most of the industry transition already. Don’t leave it till it is too late! AAAA Convention 2008 registrations are now open and rego forms and the program are on our website – www. aerialag. com. au. The convention will be held at Wrest Point Hotel in Hobart on June 3-4 and celebrates 50 years of AAAA. o Australian Aviation is proud to be the official supporting journal of the Aerial Agricultural Association of Australia. The views in this column are those of the AAAA, and not necessarily Australian Aviation’s.