Engaging with the regulator
Unblocking the channels of communication
Regardless of your opinion of individual aviation regulations, I am sure very few people would advocate the abolishment of the total aviation governance structure. On the face of it, it is easy to engage with government on behalf of an industry. Members of the Federal Executive are well known and usually available for high-level talks with industry. If government, however, is the means by which state policy is created, legislated, administered, enforced and arbitrated then industry participants must focus engagement on those organs and functions of State as well.
This is one of the areas where focussed associations, like the Australian Airports Association (AAA) can multiply the efforts of individual members. By not being internally conflicted clear and focussed messages can be sent to policy makers, legislators and enforcers.
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The AAA is of the opinion that a more formalised approach should be adopted to meet future regulatory challenges more effectively.
In order to better mobilise resources from the industry to meet this challenge, the AAA recently created a new Working Group that will see the pooling of the highest skilled, most knowledgeable individuals in the industry around the matter of regulation. The Standards Working Group will commence its work during the third quarter of 2013.
However, in order to have the maximum effect and to ensure a common focus between the regulator and the industry, a clear regulatory review plan is needed. Our efforts will be most efficient if industry could align the efforts with the regulatory review and reform agenda of the Civil Aviation Safety Authority (CASA).
The AAA has engaged CASA for more information about its regulatory priorities for the remainder of 2013 and for the calendar year 2014. It would be most helpful should CASA be able to share the order and timings for the Manual of Standards (MOS139) review as the lack of clarity and age of the current regulations is of concern to industry.
The AAA believes sufficient priority has not been given to the review of MOS 139 by the Regulator. The AAA understands a review was started on certain chapters a number of years ago, but no further information has been received regarding these since. We are on record as making the case that a comprehensive review can be delayed no longer. Being part of the legislative or rule-making powers of CASA, this has become a matter of aviation safety.
This is unfortunate in its own right. It becomes unsettling when one views this against a larger backdrop of recent reports dealing with apparent failures in regulation and oversight in our industry. Industry believes a lack of clarity in MOS has the potential to cause safety risks at aerodromes and that as such these amendments be considered as a priority.
Armed with a regulatory roadmap, the industry can play a pro-active role in reviewing international best practice as well as local regulation in order to be a high value partner for CASA in its regulatory reform agenda.
In addition, the AAA suggested a joint working group between CASA and the AAA be set up to work in partnership on the future regulatory requirements and practices for aerodromes in Australia. This would be most effective if it could include senior personnel from both CASA and the industry. It is our opinion that the collaboration and open communication this may lead to will be of great assistance to the industry as well as CASA.
We are also keen to see what programs CASA will engage the industry on regarding education and training. We have noted before that although CASA is very active in training and education in the aircraft and piloting sector, the same cannot be said for their support of the aerodrome industry. In addition, there is a general view that the aerodromes section of CASA is understaffed to meet the needs of industry into the future.
Aviation in general has always had a very open and productive relationship with regulators. The constant march of regulation has been a given in our greater industry. At times safety advances came from industry and at other times it was nudged along by the various regulators both here and abroad.
Currently however we have an interesting situation in Australia. Advances in aviation safety are not being driven by industry participant or industry force, but held back by the very processes that must hedge the industry against safety failures.
It is the means by which safety policy is created, legislated, administered, policed and enforced that is creating some of the risks we face.
The AAA has a co-operative working relationship with CASA and looks forward to building on this in the future through our Standards Working Group.
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