Exemptions – Friend or Enema?
As he often does – P2 has turned up a juicy bone and once again amazed us with his determined digging to get to real, honest facts. Modestly, he states “Aw, just stumbled upon it”. Not 100% correct; he and I were both running down some ‘interesting’ anomalies. He just kept digging after I’d knocked off. It is well worth the time spent for any serious student of the near catastrophic mess our regulations have created; the clever ways CASA have milked the never ending ‘regulatory reform’ program; spent over a half a billion dollars and presented one of the most glorious piles of horse-pooh to the government. To make it worse, through the bi-partinsane top cover protection racket – all of the new law has been sanctioned without one single, solitary protest – or even a humble ‘please explain'.
The whole thing is farcical – legally, operationally, financially and in contravention of world best practice for ‘safety’ (Whatever that may be). Let me introduce to you, (cue fanfare) –
- the Standing Committee on Regulations and Ordinances.
P2’s excellent posts – 272 and 273 will take you on a new journey. Essential reading. P7 and I both read the long posts through – twice – P7 “Well, I’ll be buggered”. I’ll not spoil the journey for you by paraphrasing; and anyway, you lazy lot would let it pass by without a “Whoa’. So I shall assume (ass – u – me) you’ve all done the homework and ready to move to the next step on the ‘exemptions’ snakes and ladder game.
In primus; what is an exemption? Good question, bravo. There are three separate ways to view ‘an exemption’ – poetic licence allowed here:-
(i) A rule says: before making a pass under the Sydney Harbour Bridge a pilot must hold an Agricultural rating and have completed at least 50 hours of operations in that role. Furry Muff – however – the Ace-O-Base company have been contracted to do just that on New Years eve. Their pilots are all top notch military pilots with many hours of ‘low-level’ experience etc. Equivalent safety standard? Oh yes. Qualified Oh yes: Insured to the max – Oh yes. But, the proposed operation is ‘technically’ against the law as writ. No problemo. Exemption issued to that company.
(ii) Another company can match Ace-O-Base and want the same thing – to compete in the market. Enter the exemption dragon. You see the Crop dusting outfit has been shunted out and now the New boy’s want a piece of the action. Instant legal conflict?
(iii) As the safety case has been demonstrated and proven – the ‘exemption’ should, before the next round of head banging, have been brought into law. Herein lies the rub.
Exemptions are bloody handy things; a sensible ‘suggestion’ on a different approach to that writ in stone in the regulation may well turn out to be beneficial to all. However, once an ‘exemption’ has grown whiskers – without the sky falling in – then it should be made available to all; brought into law and ‘promulgated’ (hate that word). If not; why not?
Clearly – if a better way (cost and operationally) to do thing, with an equivalent ‘level of safety’ which reduces costs and opens up markets then – democratically – it should become the ‘new’ version of ‘the law’.
There needs to be a very good reason to deny upgrading a law based on demonstrated equivalent safety. Tried, tested and proven sound.
Yet there, clear as crystal in P2’s efforts are the lengths CASA will go to in order to maintain the ‘law’ and not implement those very clever (safe) innovations which save time, trouble energy and - importantly – cost to the operator. Any reasonable man could be forgiven for asking why not?
Why not indeed? Would CASA play favourites? Surely not. Would CASA see an exemption as a control lever? Surely not. Wel then, what’s left? Does the volume of ‘exemption’ indicate a flawed rule set? Does the reluctance to consider amending a rule to incorporate a long standing exemption mean that pride, self delusion, lack of operational competence and the overweening conceit of those who have NDI about the operations they manage prevent them saying – We ducked it up. Royally and have NDI how to fix it, but we’re too close to embarrassing a minister, so we couldn’t fix it – even if we knew how. Which – by-the-by – they don’t.
Kudos P2. Respect and bloody well done. There’s even another tick in Chester’s box, he did try – just not hard enough. No matter – On’ya Dazza. ‘A’ for effort; shame about the ‘advice’. At least he’s making McCoramck 5G’s look entirely useless for longer.
You do know of course why the outside toilet was brought inside; nothing to do with ‘dark of night’ and cold seats – ‘twas but dog pooh in the backyard. Nothing else.
Toot - toot.
As he often does – P2 has turned up a juicy bone and once again amazed us with his determined digging to get to real, honest facts. Modestly, he states “Aw, just stumbled upon it”. Not 100% correct; he and I were both running down some ‘interesting’ anomalies. He just kept digging after I’d knocked off. It is well worth the time spent for any serious student of the near catastrophic mess our regulations have created; the clever ways CASA have milked the never ending ‘regulatory reform’ program; spent over a half a billion dollars and presented one of the most glorious piles of horse-pooh to the government. To make it worse, through the bi-partinsane top cover protection racket – all of the new law has been sanctioned without one single, solitary protest – or even a humble ‘please explain'.
The whole thing is farcical – legally, operationally, financially and in contravention of world best practice for ‘safety’ (Whatever that may be). Let me introduce to you, (cue fanfare) –
- the Standing Committee on Regulations and Ordinances.
P2’s excellent posts – 272 and 273 will take you on a new journey. Essential reading. P7 and I both read the long posts through – twice – P7 “Well, I’ll be buggered”. I’ll not spoil the journey for you by paraphrasing; and anyway, you lazy lot would let it pass by without a “Whoa’. So I shall assume (ass – u – me) you’ve all done the homework and ready to move to the next step on the ‘exemptions’ snakes and ladder game.
In primus; what is an exemption? Good question, bravo. There are three separate ways to view ‘an exemption’ – poetic licence allowed here:-
(i) A rule says: before making a pass under the Sydney Harbour Bridge a pilot must hold an Agricultural rating and have completed at least 50 hours of operations in that role. Furry Muff – however – the Ace-O-Base company have been contracted to do just that on New Years eve. Their pilots are all top notch military pilots with many hours of ‘low-level’ experience etc. Equivalent safety standard? Oh yes. Qualified Oh yes: Insured to the max – Oh yes. But, the proposed operation is ‘technically’ against the law as writ. No problemo. Exemption issued to that company.
(ii) Another company can match Ace-O-Base and want the same thing – to compete in the market. Enter the exemption dragon. You see the Crop dusting outfit has been shunted out and now the New boy’s want a piece of the action. Instant legal conflict?
(iii) As the safety case has been demonstrated and proven – the ‘exemption’ should, before the next round of head banging, have been brought into law. Herein lies the rub.
Exemptions are bloody handy things; a sensible ‘suggestion’ on a different approach to that writ in stone in the regulation may well turn out to be beneficial to all. However, once an ‘exemption’ has grown whiskers – without the sky falling in – then it should be made available to all; brought into law and ‘promulgated’ (hate that word). If not; why not?
Clearly – if a better way (cost and operationally) to do thing, with an equivalent ‘level of safety’ which reduces costs and opens up markets then – democratically – it should become the ‘new’ version of ‘the law’.
There needs to be a very good reason to deny upgrading a law based on demonstrated equivalent safety. Tried, tested and proven sound.
Yet there, clear as crystal in P2’s efforts are the lengths CASA will go to in order to maintain the ‘law’ and not implement those very clever (safe) innovations which save time, trouble energy and - importantly – cost to the operator. Any reasonable man could be forgiven for asking why not?
Why not indeed? Would CASA play favourites? Surely not. Would CASA see an exemption as a control lever? Surely not. Wel then, what’s left? Does the volume of ‘exemption’ indicate a flawed rule set? Does the reluctance to consider amending a rule to incorporate a long standing exemption mean that pride, self delusion, lack of operational competence and the overweening conceit of those who have NDI about the operations they manage prevent them saying – We ducked it up. Royally and have NDI how to fix it, but we’re too close to embarrassing a minister, so we couldn’t fix it – even if we knew how. Which – by-the-by – they don’t.
Kudos P2. Respect and bloody well done. There’s even another tick in Chester’s box, he did try – just not hard enough. No matter – On’ya Dazza. ‘A’ for effort; shame about the ‘advice’. At least he’s making McCoramck 5G’s look entirely useless for longer.
You do know of course why the outside toilet was brought inside; nothing to do with ‘dark of night’ and cold seats – ‘twas but dog pooh in the backyard. Nothing else.
Toot - toot.