This
document is on the World Wide Web at www.airsafety.com.au/a6265411.htm
But
I have mailed it to you at my own expense
because not everyone is on the Web.
From
Boyd Munro, PO Box 172, Balmain NSW 2041
e-mail bmunro@airsafety.com.au
fax 02 9225 9127 phone 018 22 0047
THE
TRADITIONAL AUSTRALIAN FLIGHT MANUAL
BECOMES ILLEGAL ON 17th AUGUST 2000
REPLACE IT BEFORE THEN, OR RISK
A FINE OF $5,000!
Due
to a little-known change in the Civil Aviation
Regulations, every traditional Australian Flight
Manual will become illegal on 17th
August 2000.
That's
almost unbelievable - but it's a fact.
CAR 322(4)(a) provides that
The
certificate holder must make the change to the
aircraft's flight manual … before the end of
the period of 1 year beginning on the
commencement of this regulation [which was 16th
August 1999]
The
penalty for non-compliance is $5,000 - and CASA
can also cancel your pilot license.
Note that it doesn't even matter if your
aircraft is not flown, you can be fined and have
your license cancelled just for owning an
aircraft which does not have a new Flight
Manual.
There
is massive confusion about the new requirements.
Hardly anyone knows what to do.
No new Flight Manual conforms unless it
contains a "CASA Approval Page". Yet when one owner went to CASA
Bankstown last week (21st June) he
was told that he could not have a CASA Approval
Page and that the dimensions of the page had not
even been decided yet.
The
new requirements are set out in CAAP 54-1(1).
If you don't have this document yet, I
recommend that you get a copy.
If you can understand how to make your
aircraft satisfy it, go straight to the top of
the class because I can make neither head nor
tail of it.
All I can understand is that you will be
in serious trouble if you don't comply.
CHANGE
FOR THE SAKE OF IT, OR IS IT TO KILL PRIVATE
FLYING?
There
are advantages to be had, for some, from the new
flight manual system.
But there are also disadvantages,
especially for the owners of aircraft more than
10 years old - which is the vast majority of
Australian aircraft.
There is no reason why the change-over
period to the new system had to be so short.
Most private aircraft are more than 20
years old, and have had the same Flight Manual
since the day they were first registered.
The new system should have been widely
publicized, and the change-over period should
have been 25 years, not 1 year.
WHAT
CAN WE DO ABOUT THIS?
It's
clear we need a much longer transition period.
The transition period allowed was just
one year, and the new rules were very poorly
publicized (especially in the case of people who
are not daily users of the Internet).
There is no reason at all why existing
Australian Flight Manuals should not continue to
be a legal alternative to the new regime for
years to come.
There is a large number of Australian
Flight Manuals which have been in service for 25
years or more.
Why should they suddenly be outlawed?
We
CAN make a difference here.
We don't have to lie down and take this
shabby treatment.
So I urge you to write to your local
Federal Member of Parliament, with copies to the
Minister for Transport and your State's
Senators, making your feelings known and
demanding an extension of the transition period
to 25 years. Your Federal MP will listen to
you because there is a Federal Election coming
up soon, and every vote is needed. This regulation was just
sneaked through the Parliament, no MP or Senator
voted on it and probably none of them even knew
it was before the Parliament.
Your MP would rather satisfy you, a
voter, than CASA's bureaucrats.
It is not as though this is an important
plank of government policy like the GST - this
is just a case of a bureaucracy having sneaked
something through Parliament without a vote
while our representatives (such as AOPA) were
having a comfortable snooze.
There was never a vote on this nonsense -
it passed Parliament because no-one objected.
The
fact that AOPA and so on let us down is not
exactly helpful, but it's not fatal either.
We can still get an extension if we make
a bit of noise.
I
have enclosed two identical pro-forma letters to
your Federal MP, together with a reply-paid
envelope. Please do the following:
*
Read the letter carefully.
If you do not agree with it, modify it so
that you do agree, or simply throw it away;
*
Sign COPY Number 1 of the letter, fill in
the other details, and return it to me in the
reply-paid envelope;
*
Keep COPY Number 2 as a model, make
copies of it, and ask your pilot friends to sign
the copies and send them to me.
When
I receive your signed, my staff will work out
who your Federal MP is and fill in his or her
name and address.
They will then make copies for the
Minister for Transport and for two of your
State's Senators, and send them all off.
PRACTICAL
MATTERS
Whilst
I am confident that we will win an extension of
time, there are no certainties in political
matters. So
I therefore want to assist all Australia's
Aircraft Owners to comply with this new
requirement with the very minimum of disruption
and cost. I
therefore ask that you also fill out the brief
questionnaire on COPY
Number 1.
In return I will send you back as much
information as I have about how to comply with
these new requirements at minimum cost and with
minimum disruption.
For
example, most aircraft do not need a new Flight
Manual but they still need a new Document
Folder. You can keep costs down
considerably if you do not get a new Flight
Manual unless you are forced to.
CASA has not anywhere suggested that the
old Flight Manual is unsafe.
This is not a safety matter, it is just
change for the sake of change.
One
thing you should consider immediately is to
transfer your aircraft's Certificate of
Registration to a responsible person who does
not hold a Pilot License.
If you do so, that person is liable only
to the fine prescribed in the regulation
($5,000) but CASA cannot also arbitrarily cancel
his or her pilot license.
Be aware that if you transfer the
Registration to the name of a Pty Ltd company
that increases the maximum fine to $25,000.
WHY
IS BOYD MUNRO DOING ALL THIS?
Because
I believe Australia desperately needs an
effective aviation lobby group. Later this year
I hope to change AOPA so it becomes an effective
lobby group.
I want to show you now what can be done
by effective teamwork so that later on, when I
ask for your support, you'll know me by the results
that can be achieved if we act together as a
team of equals. I want the vast majority of
Australia's aircraft owners to become members of
AOPA and to get benefit from that.
PLEASE
JOIN OUR TEAM BY SIGNING THE LETTER TO YOUR MP
To my Federal Member of
Parliament
COPY
NUMBER 1
My
dear Federal Member of Parliament,
I
find that I am seriously disadvantaged by Civil
Aviation Regulation 322 and 323 which became
effective on 16th August 1999. They have a nasty sting in
their tail, to be delivered on 16th
August - the grandfather period is only one
year.
I
am told that you allowed these Regulations to
pass through Parliament without debate, without
objection, and without a vote.
Is that true?
I rely on you to represent my interests
in Parliament, and I especially look to you to
prevent any purely bureaucratic actions that
will harm me. I am surprised if you allowed
these regulations, which are harmful to me, to
pass without objection.
Given
that these regulations have now become law, I
ask you to call upon the Minister for Transport
to extend the grandfather period, and to require
CASA to explain in plain English what is
required of me.
Let
me explain how these regulations harm me.
I
am a pilot.
For the past 50 years Australian aircraft
have had to have a unique Australian Flight
Manual. The
unique Australian Flight Manual was never a good
idea, but we are all accustomed to it. It was unnecessary,
restrictive, and costly - but no-one ever
suggested it was unsafe.
Yet it is to be outlawed just 6 weeks
from now! Why?
By all means allow a better alternative -
but why outlaw the thing which we all have paid
for and know how to comply with?
There
are now new requirements which very few people
understand, and I certainly do not.
The problem is that there is no option to
use the old Australian Flight Manual after 16th
August 2000.
There was a only one-year transition
period, and we users were very poorly educated
about the change.
I did not find out about it myself until
________________________
Like
most aircraft owners, I take my responsibilities
seriously and try hard to comply with all the
regulations.
But in the case of these new Flight
Manual regulations, I simply do not know what is
expected of me.
Nor, it seems, do large numbers of other
aircraft owners.
Many owners have turned to Licensed
Engineers for help and have found that the
answers they have received have been unclear and
conflicting.
And why should it be necessary to involve
an engineer in a Flight Manual, which is an
operational, not an engineering, document?
To
make matters much worse, it will be a criminal
offence merely to OWN an aircraft which does not
have a new-style Flight Manual on 17th
August, even if the aircraft is not flown.
As an owner I haven't even got the option
of protecting myself by keeping the aircraft on
the ground until I understand what is required
of me.
I
therefore ask for your help as my Federal Member
of Parliament.
Please ask the Minister for Transport to:
1
Require CASA to re-issue the instructions
for compliance with the new regulations in plain
simple English, illustrated by at least 5
examples of exactly what must be done in the
case of 5 common types of light aircraft; and
2
Extend the grandfather period from 1 year
to 25 years; and
3
Remove the criminal penalty in the case
of aircraft which are not flown, so that a
person who is unable to comply is not at risk of
criminal conviction unless his or her aircraft
is flown whilst non-compliant.
Please
inform me promptly whether you are willing to
represent me as I ask, and if so please keep me
informed about the results you achieve for me.
I
am willing and able to answer any questions
about how I am personally affected by this
ill-considered legislation.
However if you have questions about the
legislation itself or the necessary amending
legislation or Ministerial Directions, please
contact Boyd Munro of www.airsafety.com.au
whose e-mail address is bmunro@airsafety.com.au
Yours
sincerely,
(Signed)
__________________________________________________________________________________________
(Print
name)
_____________________________________________________________________________________________
(Residential
Address)
_____________________________________________________________________________________
(e-mail
address and fax number if any)
_______________________________________________________________________
c.c.
The Minister for Transport and my State's
Senators
________________________________________________________________________________________________________
Information
below this line will be removed before this
letter is sent to your representatives.
If you know the name of your FEDERAL MP
or your FEDERAL electorate please give it to
save us looking it up.
My
Federal MP is
____________________________________ Federal
Electorate ____________________________________
My
Mobile Phone _________________________________
My Home Phone
________________________________________
Did
you know about the new requirements before you
heard from Boyd Munro?
___________________________________
If
so, when, and from whom, did you first hear
about them?
____________________________________________________
Remarks
________________________________________________________________________________________________
To my Federal Member of
Parliament
COPY
NUMBER 2
My
dear Federal Member of Parliament,
I
find that I am seriously disadvantaged by Civil
Aviation Regulation 322 and 323 which became
effective on 16th August 1999. They have a nasty sting in
their tail, to be delivered on 16th
August - the grandfather period is only one
year.
I
am told that you allowed these Regulations to
pass through Parliament without debate, without
objection, and without a vote.
Is that true?
I rely on you to represent my interests
in Parliament, and I especially look to you to
prevent any purely bureaucratic actions that
will harm me. I am surprised if you allowed
these regulations, which are harmful to me, to
pass without objection.
Given
that these regulations have now become law, I
ask you to call upon the Minister for Transport
to extend the grandfather period, and to require
CASA to explain in plain English what is
required of me.
Let
me explain how these regulations harm me.
I
am a pilot.
For the past 50 years Australian aircraft
have had to have a unique Australian Flight
Manual. The
unique Australian Flight Manual was never a good
idea, but we are all accustomed to it. It was unnecessary,
restrictive, and costly - but no-one ever
suggested it was unsafe.
Yet it is to be outlawed just 6 weeks
from now! Why?
By all means allow a better alternative -
but why outlaw the thing which we all have paid
for and know how to comply with?
There
are now new requirements which very few people
understand, and I certainly do not.
The problem is that there is no option to
use the old Australian Flight Manual after 16th
August 2000.
There was a only one-year transition
period, and we users were very poorly educated
about the change.
I did not find out about it myself until
________________________
Like
most aircraft owners, I take my responsibilities
seriously and try hard to comply with all the
regulations.
But in the case of these new Flight
Manual regulations, I simply do not know what is
expected of me.
Nor, it seems, do large numbers of other
aircraft owners.
Many owners have turned to Licensed
Engineers for help and have found that the
answers they have received have been unclear and
conflicting.
And why should it be necessary to involve
an engineer in a Flight Manual, which is an
operational, not an engineering, document?
To
make matters much worse, it will be a criminal
offence merely to OWN an aircraft which does not
have a new-style Flight Manual on 17th
August, even if the aircraft is not flown.
As an owner I haven't even got the option
of protecting myself by keeping the aircraft on
the ground until I understand what is required
of me.
I
therefore ask for your help as my Federal Member
of Parliament.
Please ask the Minister for Transport to:
1
Require CASA to re-issue the instructions
for compliance with the new regulations in plain
simple English, illustrated by at least 5
examples of exactly what must be done in the
case of 5 common types of light aircraft; and
2
Extend the grandfather period from 1 year
to 25 years; and
3
Remove the criminal penalty in the case
of aircraft which are not flown, so that a
person who is unable to comply is not at risk of
criminal conviction unless his or her aircraft
is flown whilst non-compliant.
Please
inform me promptly whether you are willing to
represent me as I ask, and if so please keep me
informed about the results you achieve for me.
I
am willing and able to answer any questions
about how I am personally affected by this
ill-considered legislation.
However if you have questions about the
legislation itself or the necessary amending
legislation or Ministerial Directions, please
contact Boyd Munro of www.airsafety.com.au
whose e-mail address is bmunro@airsafety.com.au
Yours
sincerely,
(Signed)
__________________________________________________________________________________________
(Print
name)
_____________________________________________________________________________________________
(Residential
Address)
_____________________________________________________________________________________
(e-mail
address and fax number if any)
_______________________________________________________________________
c.c.
The Minister for Transport and my State's
Senators
________________________________________________________________________________________________________
Information
below this line will be removed before this
letter is sent to your representatives.
If you know the name of your FEDERAL MP
or your FEDERAL electorate please give it to
save us looking it up.
My
Federal MP is
____________________________________ Federal
Electorate ____________________________________
My
Mobile Phone _________________________________
My Home Phone
________________________________________
Did
you know about the new requirements before you
heard from Boyd Munro?
___________________________________
If
so, when, and from whom, did you first hear
about them?
____________________________________________________
Remarks
_______________________________________________________________________________________________