amodao Posted December 21, 2005 Report Share Posted December 21, 2005 Canook Pilot, You failed a Contrail inspection? And you are mad at them cause you didn't meet the minimum standards. Quote Link to comment Share on other sites More sharing options...
hurler Posted December 21, 2005 Author Report Share Posted December 21, 2005 Gents. Under the Aeronautics Act, Part 1 Section 4.2, 4.7.1, and 4.9, I haven't been able to find any authorization by the Minister that grants "Contrail" authorization to formulate regulations , standards, or rules that affect aeronautics. If, infact "Contrail" is administering or imposing standards, rules that either directly or indirectly affect aeronautics, then my best guess would be that they are in violation of a number of laws including interfering with the lawfull operation of AC that are authorised by the minister in accordance with the aeronautics act. There is nothing wrong with a willingness to improve safety, there is however laws and or legal mechansims that regulate these matters. Interference either directly or indirectly is unlawfull. The poll I posted indicates in the majority that HAC should step in to fix the problem. They have stepped in before quite effectively in the past on a number matters , I guess it will be up to the operators to petition HAC to this effect. my 2 peanuts Quote Link to comment Share on other sites More sharing options...
Helilog56 Posted December 21, 2005 Report Share Posted December 21, 2005 Mebbe I'm missing something here, but don't most Canadian operators pay annual dues to HAC to represent their interests ? shouldn't HAC be that one voice presenting the operator'scase to the O&G industry ? And that is my point.....it seems as though the personal touch is missing. It was always my job (i felt) as part of management, to maintain a close working relationship with the customer. And i would expect the same attitude from the flight crews. Achieving a contract, and or a job is only part of the picture, a close working relationship with the customer maintains it. That way, potential problems get addressed quicker, with fewer misunderstandings and less communication problems. Yes, part of the H.A.C.,s mandate is to promote and educate customers (go to their website and read their list). What is wrong with trying it yourself first? Quote Link to comment Share on other sites More sharing options...
hurler Posted December 21, 2005 Author Report Share Posted December 21, 2005 Quite right you are helilog56 And to boot there are all kinds of regulatory documents approved by the Minister that Operators can use so that clients understand that they are maintaining practical safety standards. Why do you suppose HAC is doing nothing to deflect this contrail matter? Hurler Quote Link to comment Share on other sites More sharing options...
Blackmac Posted December 21, 2005 Report Share Posted December 21, 2005 For the most part you guys are missing the boat entirely. I wrote enough contracts for the Feds since de-regulation (1987) and the scope of work or requirement was what was stated in the request for proposal. As stated in the request for proposal you have to meet the stated requirements for your proposal to be accepted. Should "Contrail" as a consultant working for X company provide standards to said X company to include in there contract, it becomes part of the scope of work or don't you people understand english. If you respond to the RFP and are the winner, you live with the results or you can be sue'd. The only way you can change things is thru education. In other words the person putting out the Request for Proposal has nothing to do with TC. If the requirement is in violation of TC regs., that's the operators problem to live with or have changed. You will not change this problem on this site, or individually, you need representation. Take five minutes and talk to a lawyer and he will tell you to organize. I would be very surprised if HAC will rock the boat. Cheers, Don Quote Link to comment Share on other sites More sharing options...
hurler Posted December 22, 2005 Author Report Share Posted December 22, 2005 Black mac I understand your point about RFP and contractual terms. The facts are however that rules and standards concerning the lawful operation of AC are regulated by TC. X consulting company working on an RFP for Y company may not directly or indirectly under terms of a contract, to be later filed in a civil court regulate or direct or impose activities that violate or superceed AC operations who's authority is granted to the operator by the Minister. First of all because the client can not legally operate the AC. Therefore in a case of being sued where the operator did not oblige the terms or standards set out under the terms of the RFP involving "rules of the air" are simply not enforceable as the client has limited legal cause to request arms length performance based on rules that are imposed by TC under the authority of the Minister. The argument or association of contractual performance based on operational rules are non enforceable and erroneous. You may ask for whatever you can imagine, enforceability in a court of law another matter. Hurler Writing legal stuff are ya! Quote Link to comment Share on other sites More sharing options...
hurler Posted December 22, 2005 Author Report Share Posted December 22, 2005 I would like to add that perfomance or contractual obligation based on TC rules can be enforced. Contrail rules are just makebelieve. H Quote Link to comment Share on other sites More sharing options...
transientorque2 Posted December 22, 2005 Report Share Posted December 22, 2005 I wouldn't hold my breath with HAC. They only go after piuny issues that they know that they can win, is what I heard through the grape vine. Quote Link to comment Share on other sites More sharing options...
Guest Angry Egg Driver Posted December 22, 2005 Report Share Posted December 22, 2005 You guys can only beat this subject to death for so long......Must be the winter blues setting in...... Quote Link to comment Share on other sites More sharing options...
shaggy Posted December 22, 2005 Report Share Posted December 22, 2005 hurler, i am not going to argue with the legal arguments that you have given, but if the clients employees are not allowed to fly under conditions that contrail has stated are sub-standard, then good luck getting a flight ticket signed if you fly out to a well that is not pumping and sit for 6 hours doing nothing, by yourself. MOT's standards and legal recourse mean nothing if you are not flying paying passengers. Quote Link to comment Share on other sites More sharing options...
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