Lightwing Bill

ATSB Commissioner Angus Mitchel's resume states: Mr Mitchell joins the ATSB from Maritime Safety Queensland (MSQ), where as General Manager he oversaw the safe and efficient movement of vessels into and out of Queensland’s 21 ports, and was responsible for compliance activities and safety investigations for Australia’s largest recreational maritime fleet. MSQ investigates all maritime incidents including recreation boat accidents. Which raises the question, why doesn't Angus support a similar accident investigation service for recreation aviation now that he is in charge of the ATSB? The RA-Aus Board, Pip Spence CEO of CASA and ACM (ret) Mark Biskin chairman of the CASA Board were all asked if they would consider setting up a registration service and define a set of standards for private accident investigators. RA-Aus Board said no, Mark passed the buck to Pip, Pip drifted off on a tangent. It's a CASA Board attitude problem. The Board should never have agreed to Part 149 (sport and recreation organizations) without a specific requirement for accident investigation. RA-Aus and CASA pointing the finger at ATSB isn't productive. Angus's ATSB "train set" is, with good reason, completely independent of Pip's CASA "train set" so we need to find another solution if Angus won't share his "train set". The issue of accident investigation is important to those who fly in recreation and sport aircraft as well as to those we share the airspace with. Does Pip think the fare paying public, particularly those important ones up the front of commercial aircraft, will be pleased to know that CASA is contemplating allowing RA-Aus aircraft, with dodgy airworthiness and operated under a set of rules that are not monitored by formal feedback from accident reports, to operate in controlled airspace? One person can't change the status quo. It will require the input of every recreation aviator to get RA-Aus and CASA to do something. Our elected RA-Aus Board members should be doing this for us. Unfortunately, the RA-Aus Board doesn't seem to understand the problem or be willing to engage with the membership to help find a solution to the problem. Why don't you ask Michael Monck, RA-Aus Board chairman, if he thinks we need an accident investigation service, what he is doing to get one, and when he predicts that such a service will be available. His email address is michael.monck@raaus.com.au. The answer recently given to this question was that the Board appreciates the need for an accident service, and RA-Aus is talking to CASA and the minister about more funding for the ATSB. On timing, RA-Aus had been "talking" to the Minister for over 4 years without a result. Up until about 4 years ago it appears that RA-Aus was conducting accident investigations. I pay for my own public liability insurance and don't rely on the MLIP. I also check that any aircraft I hire or have instruction in has comprehensive insurance before I get in it. Unlike motor vehicles, aircraft are not required to have any insurance cover. Unfortunately, due to the lack of accident investigation, I can't be sure of the airworthiness of my aircraft or the reliability of the procedures that i operate under. That's it from me. Thanks for reading this far. Have a nice day.

Insurance is hazy on a good day. it's not the big issue. Put the insurance issue aside for now. The big issue is the lack of accident investigation. A group of us who lost 2 good mates in an accident 4 years ago have been fighting with the coroner, RA-Aus, the insurer, the ATSB and CASA to try and get information on the cause of the accident to help the passenger's family make a claim for compensation and to determine if there were issues with the airfield, engine, propeller, lithium battery or airframe that might be relevant to the safety of our aircraft. We asked the ATSB to investigate the accident as there were witnesses, a video and an informal investigation done that strongly indicated that there was an equipment failure in the aircraft. The ATSB refused. CASA dodged the questions, and the RA-Aus Board says it is trying to get more money for the ATSB. The passenger's family were told that they needed an ATSB report to justify a claim of negligence. How likely is it that the Government will give the ATSB more money? Will a government with a maxed-out credit card and struggling to help people pay for the basics in life want to divert scarce money to the lucky members of the community who can afford to fly or own aircraft for a hobby? Even if the ATSB gets more money, it still has the choice of what accidents it is willing to investigate and there is no guarantee that more money will result in investigating sport and recreation aircraft accidents. The extra money is more likely top end up in the form of bigger bonuses for the ATSB Commissioners. Meanwhile sport and recreation aircraft have been falling out of the sky like flies fueled with Mortein recently and we don't know why. It doesn't seem to bother CASA, the ATSB, the coroner, the RA-Aus Board or 99% of the members of RA-Aus. Does it bother you? If so, what are you going to do about it? Mark, you clearly have some knowledge of the insurance industry. It is people like your good self that need to work on getting the issue of lack of accident investigation resolved. Do it for yourself. Do it for your mates. Do it for your family. Do it for all those who have died so far and all those that will die unless we improve the management of safety at the lighter end of aviation. May the force be with you! Bill

The accident is a very sad event. Sad for the two individuals and also sad for the families and friends. Once again, the coroner will take over the evidence and the police will be instructed to determine who died, where and when they died, and the cause of death. The coroner is not required to, nor does it have the resources to determine the cause of the accident. The ATSB says it will "help", but that may be no more than looking out the window at the weather or seeing if there is a media opportunity for the ATSB. The coroner is not required to release its report to RA-Aus or the general, public. As a result, the cause of this accident like all RA-Aus registered aircraft accidents, is unlikely to ever be determined. That puts us all at risk. There could be a latent defect in the aircraft, checklists or maintenance procedures and we will never know until the "holes line up". CASA has failed to comply with its own policy of achieving an acceptable level of safety and making our skies as safe as reasonably practicable. The CASA CEO and Chairman of the Board have been alerted to the situation (as if they didn't know) and appear to have done nothing to rectify the situation. The passenger's estate is unlikely to get any benefit from the RA-Aus Member's Liability Insurance Policy (MLIP) due to the lack of an official investigation into the cause of the accident. The RA-Aus Board has refused to even put the process for making a claim on the RA-Aus website. The process for the passenger's estate to make a claim involves issuing a letter of demand to the pilot or pilot's estate. That letter of demand has to include evidence that the pilot was negligent. Evidence would be from an ATSB report if it existed. The pilot then makes a claim against the MLIP to cover the letter of demand, up to the passenger limit of $250,000. There is no evidence that that amount has never been paid by the insurer. If that is the situation, it would appear that; No ATSB report = no evidence = no payout from the MLIP. I It's a great policy for the insurer. How many other unfortunate families of people who die or who are injured in RA-Aus registered aircraft accidents have found themselves unable to get some compensation from the MLIP? Why doesn't RA-Aus reach out to these people and try to help them get some support from the MLIP? The RA-Aus Board has refused to tell members what claims have been made in the past. Does it bother you that the $600,000 pa RA-Aus insurance policy is not performing the way we are led to believe it does? Does it bother you that we are flying in aircraft whose safety is compromised because RA-Aus aircraft accidents are not being investigated? You will be with the "mob" if you don't care. CASA also doesn't care as it appears to be only interested in the "big end of town". The ATSB says it doesn't do sport and recreation aircraft accidents reports due to lack of resources, however it appears that the real reason is that sport and recreation aircraft accidents don't generate enough publicity for the Bureau. It's over for the two blokes who died, but it is a long haul for the relatives and friends. It is a pity that the organizations that we pay are not doing what can be reasonably be expected of them to prevent tragic accidents like this one. What will you do to make the changes that are needed to make it safer for all and more supportive for those who are affected?