In the Interests of improving aviation .

Aviation News and George's Views

Past letters to the Government in the pursuit of the survival of General Aviation :

• 2003 to MP
• 2003 Abuse by Transport Canada
• Airplanes in National Parks
• Alaskan Senator Murkowski
• 2005 Yukon Minister of Transport
• 2009 Enforcement Problems at Transport Canada

ELTs...The "SECOND LAST" word ?

May 5, 2009, news release is that the Minister of Transport John Baird refused to sign the regulation presented by his bureaucracy. Finally, someone has listened to reason, too bad a lot of us private flyers are already out thousands of dollars.

Now, lets set up a modern (GPS ?) based alerting and homing system that makes sense.

Kudos to John Baird for having the guts to look beyond what his mandarins are trying to peddle to him, and to stand up against them. Too often our elected officials are victims of a manipulative bureacracy which can feed them controled propaganda and obstruct any challeneges by their suposed masters. Baird could easily have just "gone along", but he didn't, he smelled the rat, and acted, and I appreciate it. Maybe he can stick around for a while.

*Frequency Fiasco

* UPDATE* March 31, 2009 - The manager at NavCan today informs me that they have changed their minds yet again and that they will follow through on forcing us onto 123.275 Mz. He (Ray) tried to get me to say he had never said otherwise, which I find as alarming as the latest reverse in decision. He stated that all radios manufactured in the last 15 years are capable of tuning in the new extensions so in his opinion no one has an excuse for not using it. The bureacratic arrogance of this conversation was appalling.

The following is left posted, as it was for past three weeks, for explanation;

UPDATE: The unofficial word is that NavCan was "not prepared for the response by local users" and has decided to reverse their decision. IF they follow through on this it is surprising, rare, and commendable. Stay tuned.

All Yukon pilots received a letter from the Mandarins from down South telling us that all aircraft on the Whitehorse RCO (almost everyone in the Yukon) are no longer to use 126.7 or 122.2 for "Flight Information Services" (flight information requests, filing flight plans etc.). Instead we are supposed to use a new frequency 123.275 MHz,

BUT, lots of us have radios incapable of receiving or transmitting on that frequency. There are still aircraft that fly completely legally with no radios at all. Apparently, before this decision was made back in Ottwaw a year ago, this was pointed out to the Government. The response from NavCan at the committee was; "Well then they should buy new radios!"

So, similar to the ELT decision below, some of us face buying new radios and having them installed at considerable cost because a bureaucrat in Ottawa says she thinks it is a god idea. Net cost to her = $0, net cost to me $ 1,500.00. The sad fact is this change is not based on any need (the frequency is not congested up here). Since most private aircraft have only one radio they are only capable of monitoiring one frequency at a time. In the last ten minutes before an aircraft approaching from the West can land at Whitehorse they must; change from 126.7 (enroute) to 123.275 (for updates and traffic), to 126.7 (to transit the training area), to 118.3 (to enter the zone), to 123.2 (to pass over Cousins strip), back to 118.3 (to enter the pattern), to 121.9 (to close flight plans and taxi).

This will probably result in a considerable decrease in flight safety. The needless distraction (you are afterall taking to the same person through most of these changes) may preclude watching outside the aircraft for other aircraft. And, if for procedural or technical reasons you can't file, or update a flight plan, then there is absolutely going to be more false alarms for search and rescue, which was DND's driving reason for demanding new ELT's .

Confused? Frustrated? So am I, and if the Government stays true to form they will tell us in two years that no one is using the service, close it, and move the RCO to Kelowna, no to Montreal, (with our weather forecasters).

And.......we know too that Transport Canada has made a rule prohibiting the Community Air Rado Station people from giving any information about traffic, regardless of dangers, because of liability. If this is news to you....check out my "Foolish Rules" item, below. There is more!

*WAC Charts Disappearing

You may have noticed how difficult it is to find up to date charts of any kind? The Caadian Air Regulations require pilots to carry up to date charts at all times. But the Government printer wasn't printing them because of a shortage of ink. When Transport Canada and Nav Can were asked by COPA over a year ago if they would relax the regulation requiring us to carry "up to date" charts because they were not making them, the official answer was a clear "NO" !

Now NavCan proposes to stop producing the WAC chart some of us in the North use because of "low demand". (NavCan is conducting a survey..check it out.) But, of course we still need to carry up to date charts to be "legal". Confused? Frustrated?

* ELT Update;

Well the deadline came...and went. All of us flying private aircraft in Northern Canada are grounded unless we buy the Department of National Defence (did I mean Transport Canada?) approved version of an ELT. The whole issue is summed up on the COPA National page. Transport Canada defied logic, ignored reality, and adopted an expensive solution to what was only a perceived administrative need.

There are a few outstanding issues, like it is not actually the law. But then the new requirements were not based on any concern for law or increased safety for pilots or passengers, or better performance of search and rescue, or any justifiable purpose or logical reason other than to allow the Government agencies to reduce their involvement in aviation.

My favorite saying "lex malla, lex nulla" (or 'BAD LAW IS NO LAW') is now "lex nulla lex nulla". We have to wonder how much this exercise cost the taxpayer?

Here is one final, confusing point. The United States (who are world leaders in almost everything to do with aviation) has decided NOT to make thier pilots do this, The official position is that it is not going to result in any increased safety, and, they have decided to wait for "new" technology which is coming. When this "new" technology (probably real-time sattelite transponders) arrives in the next two or three years you can bet that Transport Canada will make us change again.

Is anyone else in the situation I am in? The American manufacturer of my existing ELT is rushing a 406 MHz version into production for us, but the US Air Force has to test it (they own the satellites) then the FAA needs to test it, then it has to be put onto the Transport Canada's approved list. You can imagine how fast each of these bureaucracies will act. This isn't going to happen for months, if I'm lucky.

If I wait until it is ready I can simply remove my existing (fully functional) ELT, and replace it with the new version.....existing wiring can be used. If Transport Canada does NOT allow me to wait, then I need to rip out and modify my instrument panel, all the wiring, and the antennae location. (Only to do this all again in 3 or 4 more years when the Americans switch to "new" technology?)

* SPOT , or not ?

SPOT is not perfect, we are on the edge of range, but I firmly recommend that all of us flying in Yukon obtain and carry a SPOT beacon or a satellite phone , or both, on our persons. "The fact is ELT's fail more often than they function", and the new 406 will not change that statistic. Tune in 121.5 en route if you can.

* Problems at Yukon & Community Airports;

Development and improvement of airports in Yukon (and in much of Canada) has been frozen. To fully understand how this situation developed you need to know the history of the current airport management structure. Originally the "Feds" (Transport Canada) operated the airports, and in doing so had access to virtually unlimited financial resources. They created a sizable bureaucracy, volumes of rules, and an impressive infrastructure. But that growth came at a cost ( efficiency ? ) and soon the Federal Government turned all the airports over to the Provinces/Territories, along with a "FIXED" budget. What they retained was the rule making authority and this turned out to be the key failure in the system.

Transport Canada continued to regulate and enforce standards that they themselves hadn't been able to meet. Costs and problems grew. Infrastructure deteriorated. The Provinces and Territories tried to defer some of the problems by turning development authority over to the Municipalities in which the airports were located. This created a complex system of regulation and decision making virtually insurmountable by most people trying to fly off the airport properties.

A good example was the construction of my private hanger at the Whitehorse Airport; It took more than a year and two trips to City Council Chambers to get the City of Whitehorse to issue a building permit for a simple wood frame/steel clad structure without power, water, or sewer. Water was the issue for City bureaucrats. They claimed I had to have "fire-fighting" capability, and in the absence of water mains, were holding me to install a dry chemical system into the building. This cost the bureaucrat nothing, but was going to be an added cost to me in excess of $100,000.00.

What I eventually discovered was that the City and Yukon Territorial Government were fighting over water and had been for years. The City wants new mains to service new subdivisions above the airport, and wants YTG to put them in. YTG maintains it is not their problem, so the City refuses to issue building permits. (All this even though this is still "Federal" land and and the Supreme Court of Canada is still defining who has authority over it.)

Finally the City of Whitehorse collected about $600.00 in "Fees" from me and gave their blessing, But, now YTG Airports stepped in to ask that I delay construction for a few months until new access roads could be put in and power lines moved. (That turned into another year of delay.) They also created new maps and laid out and surveyed in new water mains, which have subsequently been cancelled.

Want more? Add to this needless confusion the fact that the two largest steel hangers on the Whitehorse Airport, are owned by the Yukon Government. It probably wouldn't surprise anyone to learn that we are not allowed access to these existing hangers, and in fact they are both needed by Dept of Highways to store old furniture and typewriters.

And more? Here is another revelation to fuel our cynicism; the Aviation and Marine Services budgets were cut to fund the expansion of the Whitehorse terminal. This expansion is "required" by Canada Customs whose officials refuse to work in existing cramped conditions when they process Condor's flights, once a week, in summer, that may not even continue. Six Federal Bureaucrats don't like their work environment, pull out their "rule-book" and demand the expenditure of millions of dollars, to the detriment of all other airports in the Yukon. I wish I was wrong, I know I am not.

If you are still with me I will add one more twist to the use of your tax money at the airports in Yukon.

Airports here are managed by "Aviation and Marine Services" branch of the Yukon Territorial Government (YTG). In dealing with these people I have found them to be professional and reasonable.

But, there seems to be problems in the overall operation and development of Yukon airports caused by the YTG budgeting process. This is because "Aviation & Marine Services" is an orphan cousin of YTG Department of Highways who they report to. Highways has been the favored child ever since the US Army came through and willed the whole thing to them. The aviation guys work hard to get a realistic budget only to be cut every time spoiled big-brother needs something. Effectively airports are good places to "store" money while scrutiny is on, and easy to squelch when they are skinned again to fund the newest fashion. The solution is to give them some guaranteed base funding and not make them "compete" with that other gang of bullies; "PLEASE SIR, CAN I HAVE SOME MORE?"

Now is a good time for those in the communities to increase pressure on the Yukon Government for facility improvement and better maintenance. All levels of Government are looking at infrastructure projects in light of the "economic situation". Because the Highways Department is ultimately in charge of the airports we tend to be "low priority after routine highway maintenance" as one past Highways Superintendent informed me once. And with the economic focus shifting to strategic infrastructure the availability of our airports for medi-vacs, fire fighting, and other emergency and economic purposes must be kept in mind by the decision makers.

* Wx Forecasting issues;

Anybody else notice how bad the forecasts have been? In February the forecast was out by 20 degrees for over 12 hours. And we saw forecast overnight lows ten degrees warmer than current temperature. Since the removal of forecasters from the Yukon to Kelowna, and then from Kelowna to Montreal, the needs of 30,000 people are the very bottom priority. (This statement from a Government manager.) We are almost completely automated up here, and failures are starting to show.

Remember the story Environment Canada forecasters told us at our COPA meeting a few years back. They were apologetic, sincere, and straight forward, and it went something like this;

The Federal Governments weather office used to be at the airport and all worked well. But, then Transport Canada decided to start charging Environment Canada rent for the space. (slightly incestuous ...the Federal Government billing the Federal Government with our tax dollars?)

Anyway, at the "commercial" rate it now made sense to the decision makers at Environment Canada to build a new building for $ 1,500,000.00 (the brown building now at the bottom of Hamilton Drive and Alaska Highway) rather than pay rent to another Federal department. They paid to tear down their existing building and restore the property at the airport to "pristine" condition.

Within the year, but before the forecasters moved into their new digs, they were all either laid off or relocated to Kelowna.

Then Environment Canada wheeled in a $1,000,000.00 "Fully Automated Unmanned Upper Air Station" (thats what it says down the side of the fancy trailer covered with antennas sitting beside the same new building). It promptly quit working as soon as it got cold. It turned out it was never designed for winter use. Then, since the weather balloons it launched cost nearly $200 each, they cut back to one balloon a day, as a cost saving measure. (Oh, yes then Environment Canada spent $130,000.00 "renovating" the brand new building so they could rent it out to another Government Department.)

At the same time all this was going on the Canadian Government got into an argument with the Americans and couldn't agree on sharing the use of the Alaskan forecasts (Ever wonder why the weather starts or ends at the border according to Environment Canada ? ). Then Environment Canada offended the YTG Forestry towers and CARs stations and stopped getting and using their local weather observations. Seems Environment Canada were selling them back their own observations, and at the same time telling them their "wrong union" observers were incompetent to make the observations "reliably".

So, today all forecasts in Yukon are based on a satellite picture, and one balloon a day, evaluated in Montreal. We can hardly be surprised that they are useless I guess. There might be some good news, Environment Canada has lost the contract to supply NavCan with aviation forecasting next year. It will likely go to a private contractor. Now if we just get back that tax money we pay for the service?

It is imperative that we push for real-time weather cameras like the Alaskans have, they are very inexpensive and completely intuitive.

I wrote this, and then noticed in the media that the the "Commissioner for the Environment" just published a report that tells a story of worn-out, broken and dilapidated weather forecasting systems. The commissioner himself, Scott Vaughn, says the situation is unlikely to change in future.

* Foolish Rules;

Here is one good example; Did you know that we are not allowed to know the frequency needed to activate the runway lights in Dawson City? Transport Canada has decided that if we know how to activate them in an emergency, we might use them, and that might make them liable.

They would rather have you crash in the dark in an emergency situation!

To make an absurd situation even worse, if Transport Canada change their own "designation" of the Dawson City airport on paper (from "aerodrome" to "airstrip"), then they say the situation is completely different and they can then tell us how to turn the lights for an emergency landing. It's true!

( I wonder if we'll need to use frequencies we don't have? By then it will be to contact someone in an RCO in Edmonton who will have no idea where Dawson City is ? From there they will dispatch search and rescue out of Comox BC in their new replacement aircraft, which is aparently going to be faster than the "outdated and slow" Buffalo, but might actually be the same Buffalo airframe they have now, they haven't decided?)

* Not Illogical Actions After All;

All these seemingly bizarre actions by Government (in particular Transport Canada) are not so illogical if we again look at history.

Back when aviation was healthy the bureacracy was much smaller, and more efficient. But two air accidents changed all that. The first was the crash of "WAPITI Aviation", out of Grande Prairie, in about 1976 that killed a local politician (I belive it was Grant Notly), and several others. In the impending lawsuits the Courts found the Minister of Transport was 50% responsible for the deaths because his officials had failed to do thier jobs. (Regulatory Negligence was described in the Judges ruling).

The marching orders for Transport Canada since that time have been to; "...reduce the Ministers liability".

And they have done a good job. Every bureaucrat at Transport Canada (mostly Military retiree's) knows the task is ;

1. Make MANY rules- so that it is difficult for the pilot not to be found "non-compliant" in any situation.
2. Make the rules extremely complicated and difficult to understand -(Try reading C.A.R.s, then compare to any other law) so know one can tell if the are "guilty' or not.
3. Create many official 3rd party entities and force the public to deal with them instead for the services you used to provide (IE Ministers Designates program,), that effectively puts layers between the Minister and the "problem"
4. Switch to "self-regulating" requirements for aviation operators, then designate your officials role as only "auditors" so the public not you are responsible.
5. Spend tremendous amount of time and money on these audits ( because spending $ = progress), so you must be doing a good job?
6. Deviate away from the system of courts and legal safeguards provided for other Canadian citizens towards a "Kangaroo" court system with unique rules for all players and procedures that defy "Charter of Rights" guarantees. (Avoid real courts).
7. Use fines and threaten arbitrary suspension of priveledges for minor infractions to promote "guilty pleas" and prevent complaints. (Ask anyone who has been through this process.)
8. In an extensive (expensive ?) program of propaganda publicize every accident and infraction to justify all this on a "SAFETY" banner. No one dare challenege that.

This sounds pretty cynical I know. Unfortunately it is factual, logical, and predictable. To quote Judge Judy (not my usual legal authority) "If it makes sense we know it must be true". The key to changing this pattern of behaviour is to recognize it and then to refuse to stay with status quo.

It is easy just to complain, but the key to finding realistic sollutions lies in understanding the problem. Here are my solutions for a viable aviation industry;

1. City of Whitehorse - Get off the airport property and stay off, you don't want, nor can you afford to keep up with Transport Canada and YTG.
2. Yukon Territorial Government - Make a plan and stick with it for a change, and give realistic base funding to your own; Aviation and Marine Services.
3. Transport Canada - MUST COMPLY WITH CHARTER OF RIGHTS AND STANDARD CANADIAN JURISPRUDENCE. And, before making any new rules, make sure they answer REAL needs, not those of your bureaucrcy. And, we must "sunset" some of these absurd rules.
4. Everyone - Quit colecting tax money for services you no longer provide.
5. ?