Bizarre? Certainly – however.
P2 – “Maybe I am missing something - so 'please explain'? Someone? Anyone?”
The big question, as I understand it, is why did CASA not ‘do ‘im’ when he was CP of the previous company? The other side of the coin is the disparity the case raises between this and other cases. The lack of ‘consistency’ in CASA decisions.
This event managed properly by CASA from the first round, would never have gotten up. However, P2 throws down the gauntlet (MTF on that). This comes back to independent, subjective judgement – after no corrective has been taken in the first event. Why wait for the tenth event? A stitch in time and all that. But that’s our CASA; and well off topic (for today at least)....
My sum total of knowledge ‘Helicopter’ operations’ can be written on the back of a postage stamp; however, chopper or fixed wing the principals involved are very similar. I think the defence was very poorly managed in this case, primarily because it fell into every trap set for it after this:-
10.Maitland Lawyers, acting for Mr Wotherspoon, responded to the show cause notice in a letter dated 16 December 2015. Mr Wotherspoon also attended a show cause conference on 8 February 2016 and was given the opportunity to expand upon his written response. After considering Mr Wotherspoon’s response to the show cause notice and the discussions held during the show cause conference, CASA determined that his conduct did not warrant any action being taken against his ATPL or CPL, however it was serious enough to warrant suspension of his Flight Instructor Rating.
Led to this:-
55.Therefore, I find that the decision made by CASA on 21 April 2016 to suspend his Flight Instructor Rating for a period of six months and that he pass a flight test for the issue of a Flight Instructor Rating was the preferable decision. Furthermore, I find that CASA’s decision set out in its letter of 4 November 2015 to refuse the appointment of Mr Wotherspoon as HOO for The Experiences Group was the correct decision. I affirm both decisions.
This chap was lucky and unlucky: reading through the thing and knowing how CASA operate; I believe my advice would be to shut up, cop the suspension, show rehabilitation and contrition and start again, he may have even been granted a reprieve after three months and the approval after that. The company was lucky because it could have escalated into the AOC being pulled and the CP up to his arse in alligators. He was unlucky in that the margins are so difficult to prove or; disprove. However the ‘law’ don’t care if it’s a 2 Kg overload or 100 Kg. MTOW 600 Kg, weighed in at 601; you are in breach. Sure it’s daft – but that’s where the line is drawn. CASA would be given the benefit of doubt, simply because they are ‘the authority’ – right or wrong – that’s how it is.
Two points of interest, the primary being that the AOC is under threat, the second that the CP is in the gun. Clearly, the radical is failure to comply with the operations manual – as writ; but the second is that no one has been monitoring the performance of crew against that manual. We have alleged multiple breeches of 202 mentioned here; now then, a CP with a finger on the pulse should spot repetitive incorrectly filled out flight logs. The culprit invited to ‘tea and biccies’ and left in no doubt that this is unacceptable as, potentially, it jeopardises the AOC. This conversation should be noted; Bollocked Bloggs 13 March – flight log details not correctly complete; briefed him on the company requirements and provided a training session on how it was to be done. The record should also reflect that the CP actively monitored the Bloggs performance of same. There everyone off the hook. There are two ways to prepare an operations manual; it reflects ‘what you really do’ and justifies that doing; or, it is to be used to keep the door open on a hot day.
Reading through you can see why there is concern – the aircraft is weight critical – and if it is to be operated ‘legally’ then attention must be paid to the AFM weight limitations and Fuel on Board (FoB). If the weight is so critical; then the aircraft must be fitted with better equipment than the fuel tank gauge. This does not have to be whizz-bang electronics; a clear plastic sight tube and fuselage quantity markings would suffice; primitive but effective: or, you could arrive at agreed consumption rates for say training and en-route with the CASA, then use flight time to determine the FoB remaining. 66 Kg FoB departure – 20 minutes circuits @ 66 KpH = 22 Kg: fixed it: FoB landing = 66-22 = 44 Kg. The ‘weight’ problem is simply dealt with – if you are legally ‘critical’ to almost the Kg; weigh the bloke, with kit as he stands prior to boarding. Flight schools used to have a ‘sign out’ sheet – where the CFI would initial each operation – so the record for the day would show: Student – Smith – Instructor Jones – Circuit training – VH ABC – BOW 300 Kg – POB 2 – Weight 180 Kg – FoB (out) 60 Kg - GW 540 Kg- FoB (in) XXXX. The flight log does the same and with the fuel docket # recorded takes away any argument. There, all legal and bullet proof, provided you do it: a simple line on the daily flight schedule sheet. Yes; it is a royal pain in the arse; but so is loosing the AOC, or having the CP dragged into the AAT; or, having a suspension imposed. Lawyers prosecuting will split every hair – you need to get there first. If you believe no one gives a toss whether there was a 10 Kg ‘overload’ or not; then take a trip to a coroners court; or, better still, watch the insurance company guys go at it – after an accident – to the last drop of blood. That: is a lot more trouble than making sure the SOP are not only complied with – but that you can prove that SOP was complied with.
We all do it; a shave here, a tweek there; but you need to be able disprove any accusation. You only need to read through the case above to realise that if it is in the Ops manual; you must comply. A CP who allows his troops to ‘stray’ bets the whole pile come show time. The trick (for want of better) is to get the SOP to reflect what actually happens, getting that ‘accepted’ and sticking to it. CASA do have a job to do; but why make it easy for them? Remember; they are not allowed to turn a blind eye; and that, boys and girls, is the reality. You may well be the best damn pilot in the land and pull off an incredible save of life and machine – but it will be the paper work that is used to hang you.
Toot – ever so slightly bemused – toot. + MTF.
P2 – “Maybe I am missing something - so 'please explain'? Someone? Anyone?”
The big question, as I understand it, is why did CASA not ‘do ‘im’ when he was CP of the previous company? The other side of the coin is the disparity the case raises between this and other cases. The lack of ‘consistency’ in CASA decisions.
This event managed properly by CASA from the first round, would never have gotten up. However, P2 throws down the gauntlet (MTF on that). This comes back to independent, subjective judgement – after no corrective has been taken in the first event. Why wait for the tenth event? A stitch in time and all that. But that’s our CASA; and well off topic (for today at least)....
My sum total of knowledge ‘Helicopter’ operations’ can be written on the back of a postage stamp; however, chopper or fixed wing the principals involved are very similar. I think the defence was very poorly managed in this case, primarily because it fell into every trap set for it after this:-
10.Maitland Lawyers, acting for Mr Wotherspoon, responded to the show cause notice in a letter dated 16 December 2015. Mr Wotherspoon also attended a show cause conference on 8 February 2016 and was given the opportunity to expand upon his written response. After considering Mr Wotherspoon’s response to the show cause notice and the discussions held during the show cause conference, CASA determined that his conduct did not warrant any action being taken against his ATPL or CPL, however it was serious enough to warrant suspension of his Flight Instructor Rating.
Led to this:-
55.Therefore, I find that the decision made by CASA on 21 April 2016 to suspend his Flight Instructor Rating for a period of six months and that he pass a flight test for the issue of a Flight Instructor Rating was the preferable decision. Furthermore, I find that CASA’s decision set out in its letter of 4 November 2015 to refuse the appointment of Mr Wotherspoon as HOO for The Experiences Group was the correct decision. I affirm both decisions.
This chap was lucky and unlucky: reading through the thing and knowing how CASA operate; I believe my advice would be to shut up, cop the suspension, show rehabilitation and contrition and start again, he may have even been granted a reprieve after three months and the approval after that. The company was lucky because it could have escalated into the AOC being pulled and the CP up to his arse in alligators. He was unlucky in that the margins are so difficult to prove or; disprove. However the ‘law’ don’t care if it’s a 2 Kg overload or 100 Kg. MTOW 600 Kg, weighed in at 601; you are in breach. Sure it’s daft – but that’s where the line is drawn. CASA would be given the benefit of doubt, simply because they are ‘the authority’ – right or wrong – that’s how it is.
Two points of interest, the primary being that the AOC is under threat, the second that the CP is in the gun. Clearly, the radical is failure to comply with the operations manual – as writ; but the second is that no one has been monitoring the performance of crew against that manual. We have alleged multiple breeches of 202 mentioned here; now then, a CP with a finger on the pulse should spot repetitive incorrectly filled out flight logs. The culprit invited to ‘tea and biccies’ and left in no doubt that this is unacceptable as, potentially, it jeopardises the AOC. This conversation should be noted; Bollocked Bloggs 13 March – flight log details not correctly complete; briefed him on the company requirements and provided a training session on how it was to be done. The record should also reflect that the CP actively monitored the Bloggs performance of same. There everyone off the hook. There are two ways to prepare an operations manual; it reflects ‘what you really do’ and justifies that doing; or, it is to be used to keep the door open on a hot day.
Reading through you can see why there is concern – the aircraft is weight critical – and if it is to be operated ‘legally’ then attention must be paid to the AFM weight limitations and Fuel on Board (FoB). If the weight is so critical; then the aircraft must be fitted with better equipment than the fuel tank gauge. This does not have to be whizz-bang electronics; a clear plastic sight tube and fuselage quantity markings would suffice; primitive but effective: or, you could arrive at agreed consumption rates for say training and en-route with the CASA, then use flight time to determine the FoB remaining. 66 Kg FoB departure – 20 minutes circuits @ 66 KpH = 22 Kg: fixed it: FoB landing = 66-22 = 44 Kg. The ‘weight’ problem is simply dealt with – if you are legally ‘critical’ to almost the Kg; weigh the bloke, with kit as he stands prior to boarding. Flight schools used to have a ‘sign out’ sheet – where the CFI would initial each operation – so the record for the day would show: Student – Smith – Instructor Jones – Circuit training – VH ABC – BOW 300 Kg – POB 2 – Weight 180 Kg – FoB (out) 60 Kg - GW 540 Kg- FoB (in) XXXX. The flight log does the same and with the fuel docket # recorded takes away any argument. There, all legal and bullet proof, provided you do it: a simple line on the daily flight schedule sheet. Yes; it is a royal pain in the arse; but so is loosing the AOC, or having the CP dragged into the AAT; or, having a suspension imposed. Lawyers prosecuting will split every hair – you need to get there first. If you believe no one gives a toss whether there was a 10 Kg ‘overload’ or not; then take a trip to a coroners court; or, better still, watch the insurance company guys go at it – after an accident – to the last drop of blood. That: is a lot more trouble than making sure the SOP are not only complied with – but that you can prove that SOP was complied with.
We all do it; a shave here, a tweek there; but you need to be able disprove any accusation. You only need to read through the case above to realise that if it is in the Ops manual; you must comply. A CP who allows his troops to ‘stray’ bets the whole pile come show time. The trick (for want of better) is to get the SOP to reflect what actually happens, getting that ‘accepted’ and sticking to it. CASA do have a job to do; but why make it easy for them? Remember; they are not allowed to turn a blind eye; and that, boys and girls, is the reality. You may well be the best damn pilot in the land and pull off an incredible save of life and machine – but it will be the paper work that is used to hang you.
Toot – ever so slightly bemused – toot. + MTF.