One step forward

Now DAS Shane Carmody’s admirable commitment to have all regulatory reform completed by the end of 2018 is looking troubled.

The draft CASR Part 91 on general operating rules – the lynch pin for the entire operating suite – has again been drafted in a prescriptive rather than outcome focussed language.

Then there is the sheer workload involved in CASA consulting, drafting and re-consulting on final drafts across a significant number of critical operational rule suites – including RPT (Part 121), charter (Part 135) and aerial work (Part 138).

It will be very difficult for industry to absorb, analyse and provide timely expert feedback across thousands of pages of regs this year.

This trajectory is likely to be exacerbated by the simple fact that key working groups under ASAP – such as fatigue – have only just met for the first time, while others – such as aerial work on Part 138 – have not even been stood up.

In addition to simple workload and timing issues, there remains the flickering candle that is cultural reform within CASA, with many within still not supporting the DAS’s clear messages on a ‘new CASA’, which are strongly based on government direction and the Forsyth Report.

The simplest path to better safety is smarter drafting of outcome-based regs that address risks. Coupled with a risk-based classification of operations, especially for aerial work operations, greater flexibility in how industry can meet those outcomes is viable.

‘The simplest path to better safety is smarter drafting of outcome- based regs.’

Less regs to be drafted means less of a bottleneck, greater utility and, if the debacle of Part 61 is any guide, better compliance and safety.

This situation can still be saved by the DAS and CASA, but maybe what is required is a ruthless and empowered csar of reg reform within CASA who can get on with the job in cooperation with industry.