User talk:CanadianAME/Aircraft maintenance personnel in Britain
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Trenchard's Brats
[edit]During WW1 the unskilled airmen of the Royal Flying Corps (RFC) spent two months in Basic Training at the Depot at Uxbridge and then went to the School of Technical Training (Men), Farnborough. In 1916, having outgrown the capacity of Farnborough for the training of air mechanics, the RFC moved to a semi-established camp at the Rothschild Estate, Halton. By Armistice Day there were some 6,000 British adult male mechanics, 2,000 female mechanics and 2,000 boys being trained by some 1,700 staff.
Some 1000 men at a time were in training divided into 2 Sections. CanadianAME (talk) 19:51, 5 January 2017 (UTC)
No 1 Section trained fitter motor mechanics, fitter drivers, fabric workers, vulcanizers and general fitters. No 2 Section trained riggers and carpenters.
Men who held civilian trades qualifications passed straight out into the RAF after their time at Uxbridge
Cranwell’s association with aviation training began during the First World War, when the Royal Naval Air Service sought to establish a single unit at which officers and ratings could be trained to fly aeroplanes, airships and kite balloons. For this purpose, the Admiralty requisitioned some 2,500 acres of farmland, to the West of the village of Cranwell, where a hutted camp was constructed. The camp was commissioned on 1 April 1916, as the Royal Naval Air Service Central Training Establishment, Cranwell, but it subsequently became known as His Majesty’s Ship Daedalus. In addition to the conduct of flying training and airship operations, a Boys’ Training Wing was established at Cranwell, with the task of training naval ratings as air mechanics and riggers.[1] By 1918 there were 500 RNAS boys in training at Cranwell, with numbers planned to rise to 1,500.
In December 1919 Sir Winston Churchill placed before Parliament a Memorandum prepared by Trenchard as CAS. This Memorandum outlined "the Scheme for the Permanent Organization of the Royal Air Force" and in it Trenchard laid the foundations of the RAF we know today. He was operating in a financial climate similar to that of today, where money for the Services was tight, and he had to make some hard decisions. Trenchard saw his primary task as building the foundations of a highly trained and efficient force which could expand to face a threat when necessary. To do this he was prepared to reduce the number of squadrons in existence to "the minimum considered essential for our garrisons overseas with a very small number in the United Kingdom as a reserve". Between December 1919 and January 1920 alone 37 squadrons were disbanded. By doing this Trenchard intended to free up all his remaining resources to fund training of officers and airmen and support the building programme this would require.
‘THE EXTREME IMPORTANCE OF TRAINING’ In a paragraph of the Memorandum entitled "Extreme importance of training" Trenchard outlines his vision for the training of officers and airmen. Included is the necessity to create or rather foster the "Air Force spirit" that had been evident during the War. This was the reason he gave for rejecting the proposal that RAF officer cadets and Staff officers could be trained in the existing Military Academies at Sandhurst and Woolwich or the RN College at Dartmouth. In his view it would have been impossible to engender and nurture the "Air Force spirit" in such places. Trenchard realised the RAF was different. It fought in the 3rd dimension, in the air, and was a highly technical service which would require a different type of recruit from that favoured by the Army and RN.
Trenchard’s plan for training Command Officers was based on the establishment of an RAF College at Cranwell in Lincolnshire. This was previously an RNAS training centre. (quotation from [1])
The course at the RAF College (RAFC) Cranwell for officers recruited via regular enlistment would last two years, be fee paying (it cost about £300) and lead to a permanent commission.
The top 20% Cadets graduating from the Boy Mechanic training facility at Halton would be put thru Cranwell free of charge.
Trenchard saw the cadets as becoming officers first and foremost and pilots second. The fact that they had to learn to fly as well was a peculiarity of the RAF. He intended that the RAFC would equip them with the knowledge to undertake the usual tasks and duties of an officer in a similar vein to those in the Army or RN. This involved the leadership of men.[1]
Trenchard foresaw the need to produce a pool of skilled aircraft mechanics and Halton was selected as the home for the Aircraft Apprentice Scheme when this was introduced in 1920. The three-year course he initiated was to train 155 Apprentice class entries between 1920 and 1993.
The RAF Apprentice Scheme (originally known as the Boy Mechanic Scheme because a "Boy" was the lowest possible traditional position in HM Forces, normally held by boys 12 years or younger - there is even an account of a bloodied RAF "Veteran" boy of the age of 11 on Nov 11, 1918 noted by the editor of "The Aeroplane" C.E Gray in his book "The history of the Air Ministry") was promulgated to local education authorities in November 1919, and formally opened on 26 April 1920.
Boys - aged 15 - were nominated by these authorities, or by certain schools, to undertake an examination set by the Civil Service Commissioners at one of 15 regional sites. Principle sites were : London, Belfast. Edinburgh. Plymouth. Birmingham. Chatham. Cardiff. Portsmouth
Those successful in the four-part examination (mathematics, experimental science, English, and a general paper) would be medically examined and attested for 10 years’ regular service with a further two years in the reserve.
The first entry of 235 boys, selected against 300 vacancies with plans for 1,000 per year, set off for Cranwell on 18 January 1921.
Their food, lodging and uniforms were provided free, and they were paid 1/6 per day if under 18, and 3/- per day if over 18.
Other rates of pay in 1921 for comparison were: Aircraftman 2nd Class: 4/- Corporal: 7/9 Sergeant Major 1st Class: 13/- Cadet: 5/- Flying Officer: £1 3/- Wing Commander: £2 Air Chief Marshal: £7
If desired, boys could buy themselves out of the Service for £20 within the first three months, rising to £100 thereafter.
These first Boy Mechanics (the term Aircraft Apprentice was not adopted until the move to Halton) were taught two groups of school subjects. The first group comprised English, literature and history; and the second group consisted of mathematics, physics and theory of flight.
The boys also received practical workshop training in repair and maintenance, initially in the old RNAS workshops in West Camp. Indications are that the training in repair and maintenance at Cranwell was broader, though not as thorough, as the training that would be provided at Halton.
There were regular sporting contacts, but virtually no social interaction – in those days officers and airmen seldom met except on duty. In fact, the airmen seemed to be extremely conscious of their status and certain well-defined rights that officers were at pains to respect. [2]
The typical working routine consisted of: working in classrooms and workshops Monday to Friday, except for Wednesday afternoon sports; Saturday morning – drill, and inspections of boys and barrack blocks; and Sunday morning – church parade. Boys were allowed out of camp on Wednesday afternoon after sports, and on Saturday and Sunday afternoons. Boys over 18 were allowed to smoke, but only while off camp.
Air experience - flying for boys was provided on the North Airfield in the Boys’ Wing’s own aircraft – a Vickers Vimy, a DH9A, 2 Avro 504s, and a Bristol Fighter with a Falcon III engine.
June 1917 : UK : Cranwell station [2] houses: 6,000 air-men mechanics 2,000 boys at the Boys Training Depot, West Camp. 1,700 instructors and other staff. 2,000 women training in a variety of aircraft trades.
June 1917 : UK : Hugh Trenchard's view on the RFC / RAF:
An ever-more technical service needing High Quality - “Skilled” mechanics Similarly skilled men in the civil market who had served “full apprenticeships” could command good wages. Similarly skilled men in the civil market served 5 year apprenticeships. The fledgling RAF could not hope to compete with the civil market for these skilled technical trades-men the only way to recruit high quality mechanics was to train them internally. Start by recruiting well educated boys and train them as the nucleus of the RAF.
Full information regarding the dates of the respective examinations, the methods of entry and the aircraft apprentice scheme generally, can be obtained upon application to the Secretary, Air Ministry (Aircraft Apprentices’ Department), GWydyr House, Whitehall, London, S.W.I.
The sons of officers, warrant officers and senior N.C.O.'s of the three services received special consideration.
The scheme offers a good opportunity to well-educated boys of obtaining an apprentice course of a high standard and of following an interesting technical career.
Pre-selection examinations by their local education authorities at age 15-16. Boys in possession of an approved first school certificate may be admitted to the Civil Service exam without other educational examinations [3]
Pass the four-part the Civil Service Commissioners examination (As future Officers, the boys were joining the civil service in the United Kingdom as Crown employees):
mathematics, experimental science, English, general paper
Must pass the Military - RAF medical examination.
Once accepted, Boy Mechanics attested for 10 years’ regular service with a further two years in the reserve as RAF trades-men upon their entry into the program - their term of service commencing upon completing their apprenticeship. January 1922 the rank of “Aircraft Apprentice” replaced the earlier term “Boy Mechanic”
The RAF offered incentives to the apprentices in the form of:
Able to buy themselves out of the Service for £20 within the first three months (£100 thereafter) Complete their ordinary British education subjects: English, Literature and history Mathematics, Physics, and in addition
Receive education on the Theory of Flight.
Receive practical hands-on workshop training in repair and maintenance of Aircraft / Engines / Components.
Receive Air experience - flying for boy mechanics provided on the North Airfield in the Boys’ Wing’s own aircraft: a Vickers Vimy, a DH9A, 2 Avro 504s, a Bristol Fighter with a Falcon III engine.
Complete their trades apprenticeship in 3 yrs instead of the 5 yrs that civilian tradesmen required.
Complete their trades apprenticeship in one of 5 trades and / or specialisations [4]:
Fitter Fitter - Aero Engines Fitter - Armourer Carpenter Sheet Metal Worker Electrical
Possible cadetship at the RAF Staff College for the best of the apprentices (exemplary completion of their apprenticeship by passing their school examinations as well as their trade board examinations) where up to 20 % of the officer cadets were ex-apprentices:
pilot training while at the RAF Staff College permanent commissions upon graduation from the RAF Staff College Required top scores in their Ordinary British Education examinations
Required top scores in their trade’s examinations which consisted of:
An Oral examination Practical testing of their bench and assembly work A Written Examination
pre-selection for early promotion.
Boy Mechanics were provided with free food, lodging a uniform allowance, and they were paid: 1 shilling & 6 pence per day if under 18 (1921) 3 shillings per day if over 18 (1921)
Note that Rates of pay for RAF trades-men (1921) were: Aircraft-man 2nd Class: 4 shillings per day Corporal: 7 shillings & 9 pence per day Sergeant Major 1st Class: 13 shillings per day Cranwell Officer Cadet: 5 shillings per day Flying Officer: £1 & 3 shillings per day Wing Commander: £2 per day Air Chief Marshal: £7 per day
Apprentices must complete their apprenticeship by passing their school examinations as well as their trade board examinations.
The apprentices are graded based upon their results and then assigned a posting to the Force.
Marks gained in the final examination in skill-of-hand and trade knowledge determined the graduating rank and rate of pay of the new airman. When he is posted to a unit for duty as an aircraftsman, commencing at a rate of pay according to the marks obtained in the passing-out examination.
These skilled RAF trades-men would form 40% of all ground-crew and be 60% of the “most skilled” tradesmen in the Air Force.
At the age of 30 they may return to civil life, or upon attaining N.C.O. rank, and subject to Service requirements, may be permitted to re-engage to complete time for pension.
Added benefit - their training would “foster a spirit in the RAF” on which so much would depend. Opportunities arise later for those not selected for Cranwell to volunteer to qualify in flying and become airman pilots. Between 100 and 120 airman pilots are selected annually from volunteers of all RAF trades. From amongst the airman pilots, a few are periodically selected for commissioned rank. [5]
RAF trades which can be followed, together with rates of pay, are contained in Form 434, obtainable from the Air Ministry: They are: Group I TECHNICAL duties: Fitter, grades I and II ; fitter (aero engine) ; fitter (armourer) ; fitter (torpedo) ; instrument maker; machine tool setter and operator; metal worker ; wireless operator mechanic;
Group II TECHNICAL duties: Armoured car crew; armourer; balloon operator; carpenter; flight mechanic; flight rigger; photographer; wireless operator.
Group III TECHNICAL duties: Cook and butcher; fabric worker; hydrogen worker (2nd class) ; motor boat crew; storekeeper.
Group IV ADMINISTRATIVE duties"
Clerk (general duties) ;
clerk (accounting).
Group V NON-TECHNICAL duties:
Aircrafthand - (general duties) ;
aircrafthand (under training for technical trades) ;
driver (petrol) ;
mate;
musician;
torpedo-man.
Group M. MEDICAL AND. DENTAL: Dispenser; laboratory assistant; masseur; medical orderly; medical orderly under training; mental nursing orderly; nursing orderly; operating room assistant; radiographer; special treatment orderly ; trained nurse; dental clerk orderly ; dental mechanic; dental orderly ; dental orderly under training
By the end of the 1920s, the trade of “Rigger - Metal” had been introduced to prepare apprentices for work on the new generation of all-metal aeroplanes then under development. The majority of apprentices began their training at Halton, although those destined for the electrical trade went to Flowerdown, near Winchester
Prince Albert was appointed to RNAS CTE Cranwell on 1 January 1918, and arrived in February 1918. He served initially as Officer in Charge of Boys, and later as OC 4 Sqn in West Camp. became the first member of the Royal Family to gain his pilot’s certificate. He was also the only member of the Royal Family (and future King) to be married in RAF uniform.
The last entry to complete training at Cranwell was entry No 8, among whose 600 boys was Frank Whittle, who had joined as an apprentice rigger in September 1923 [6]
Sir Godfrey Hounsfield was a Radar Mechanic Instructor at Cranwell where, in his spare time, he sat and passed the City and Guilds examination in Radio Communications. In 1979 Godfrey Hounsfield received the Nobel Prize for Medicine for his work on computer-assisted tomography – what we know today as the CAT body scanner.[6]
T E Lawrence served at Cranwell as Air Craftsman 2 Shaw between 1925-26
The Apprenticeship Scheme remained the only method of regular entry into the Royal Air Force throughout World War 2.
In 1964, an effort to match the training of airmen to the increasingly complex aircraft they were required to maintain resulted in the replacement of the single-skill “Aircraft Apprentice” with the “Technician Apprentice”.
The “Technician Apprentice” was introduced In 1964 and trained in the combined trades of airframes, propulsion, electrics and armament and they graduated in the rank of Corporal.
The “Craft Apprentice” was introduced In 1964 to train airmen in the previous "single" skills. Craft Apprentice courses were 2 years in length.
Concern over the shortcomings of the Apprentice Technician Course led to the creation of the 3-year dual trade Apprentice Engineering Technician, specialising in airframes and propulsion only.
During the 1980s, demographics and a preference among recruits to take Direct Entry Technician places for the greater short-term financial benefits thereof, led to increased difficulties in achieving Apprentice recruiting targets.
Following the recommendations of the Aircraft Engineering Trades Review, implemented in 1991, all aircraft tradesmen entered the Service for initial training as mechanics.
Further training was given later to qualify them as technicians with the opportunity for advanced training for the award of a BTEC Higher Certificate.
Today, Royal Air Force technical training has been accredited against national standards as a Modern Apprenticeship providing a structured system of technical, academic and vocational training.
CanadianAME (talk) 09:19, 6 August 2016 (UTC)
AIR Engineer / Ground Engineer
[edit]AIR Engineer
Airworthiness Inspection Representative of the Canadian Air Board - Department of Militia, 1919. [1]
By 1922, under the provisions of the National Defence Act, 1922, the powers, duties and functions given the Air Board under the Air Board Act of 1919 are vested in the Minister of National Defence. The executive duties previously carried out by the Air Board are now performed by the Canadian Air Force [2]. The Air Force includes a directorate in the Chief of Staff's Branch of the Department of National Defence, headquarters at Ottawa. [3] Headquarters branch is charged with:
1) the inspection and licensing of aircraft for airworthiness; 2) the examination of Pilots for competency, 3) the examination of AIR Engineers for competency.
Engineer's Licences (5 types) were issued by the NDN under the Air Regulations in the following categories: 1) Division 'A' - Inspection of aircraft before flight
2) Division 'B' - Inspection of aircraft undergoing construction or complete overhaul
3) Division 'C' - Installation and inspection of aero engines before flightt
4) Division 'D' - Inspection of aero engines undergoing construction or complete overhaul
5) Division 'X' - Inspection and certification of other work (i.e electrical / compass)
"The inspection task for an aircraft or aeronautical component combines two goals: 1) detection of expected malfunctions and 2) detection of unexpected malfunctions, the detection of which is not particularly easy or particularly rapid. Aircraft inspection can be a difficult and time-consuming task, further complicated by the fact that there is no simple step-by-step procedure which will ensure complete success. Finding issues in the principle structure of an aircraft still leaves the possibility of an an unknown number that may go undetected. The inspection process relies on experienced knowledgeable inspectors using every tool available to them to ensure that nothing gets missed with the aim of detecting indication of defects - before they become a safety hazard and implementing a repair or replacement." [7]
The Government - via the Minister of Defence in 1919 -1920, was able to delegate some of the duties for inspection of aircraft to ensure airworthiness was being upheld to a person or class of persons in order that those duties could be undertaken and accomplished on the Government's behalf while not actually present. According to Gerard V. La Forest in his paper "Delegation of Legislative Power in Canada" [8] the "Delegation" which may be defined "as entrusting by a person or body of persons, of the power residing in that person or body of persons, with complete power of revocation or amendment remaining in the grantor (or delegator)", meaning the delegator (Government) may at any time revoke the delegation, the power remains in the body of the delegator, the delegatee (AME in this case) being simply an "agent".
This system of "Delegation" continues to this day and is in important part of Canadian Federal Law (i.e Criminal Law) covering Canadian Aeronautics and persons and classes of persons acting as delegates.:
Canadian Aeronautics Act, RSC 1985, c A-2 [9]
Canadian Aeronautics Act, RSC 1985 c A-2 PART I — Aeronautics : General Regulatory Powers : 4.9 - Regulations respecting aeronautics:- General Regulatory Powers : Regulations respecting aeronautics
4.9 The Governor in Council may make regulations respecting aeronautics and, without restricting the generality of the foregoing, may make regulations respecting
(a) the accreditation or licensing of:
(i) flight crew members, air traffic controllers, operators of equipment used to provide services relating to aeronautics and other persons providing services relating to aeronautics, and
(ii) persons engaged in the design, manufacture, distribution, maintenance, approval, certification or installation of aeronautical products and the installation, maintenance, approval and certification of equipment used to provide services relating to aeronautics;
(b) the design, manufacture, distribution, maintenance, approval, installation, inspection, registration, licensing, identification and certification of aeronautical products;
The office of Governor General by virtue of the royal prerogative of the British Monarch. The powers Governor General derive from "those powers defined in the Constitution Act 1867" ; and the "prerogative powers of the Crown" i.e the Royal Perogative, (The royal prerogative is defined as the residue of discretionary or arbitrary authority which at any given time is legally in the hands of the Crown.) delegated to the Governor General by the monarch. In the Letters Patent of 1947 [10], issued by King George VI, by the Grace of God, of Great Britain, Ireland and the British Dominions beyond the Seas King, Defender of the Faith, delegated the entire prerogative powers of the Crown to the Governor General of Canada at the federal level.[11]. His late father, His Majesty King George V had originally issued
Letters Patent" on 23 March 1931 at Westminster in which were "constituted, ordered, and declared" that there should be a Governor General and Commander-in-Chief in and over Canada. The "Letters Patent" came as a result of the Constitution Acts, 1867 to 1940. The 1947 letters patent came into force on 1 October 1947.
"VII : We do hereby authorize and empower Our Governor General, subject to such limitations or directions, to appoint any person or persons, jointly OR severally, to be his Deputy or Deputies within any part or parts of Canada (the delegatee), and in that capacity to exercise, during the pleasure of Our Governor General, such of the powers, authorities, and functions of Our Governor General as he may deem it necessary or expedient to assign to him or them: Provided always, that the appointment of such a Deputy or Deputies shall not affect the exercise of any such power, authority or function by Our Governor General." [12] (this is the King's command for the Governor General to be delegator"
"XI. And We do authorize and require Our Governor General from time to time, by himself or any other person to be authorized by him in that behalf, to administer to all and to every person or persons, as he shall think fit, who shall hold any office or place of trust or profit in Canada, that said Oath of Allegiance, together with such other Oath or Oaths as may be from time to time be prescribed by any Laws or Statutes in that behalf made and provided" http://www.solon.org/Constitutions/Canada/English/LettersPatent.html
Effectively, the AME, who originated in 1919 as a "New Class of Officer" tasked with certain duties within the Air Navigation Act 1919 now became a "deputy of the Governor General"..
the specific wording "Jointly OR Severally" is significant, the OR defines the application of the two words. There are specific meanings to the words used in the language of the English
Jointly OR severally is a legal phrase that means the "two or more persons are not responsible equally for the full liability" ( but that it is aproportioned according to the terms of the agreement made in the assignment of therespective duties) CanadianAME (talk) 02:55, 11 August 2016 (UTC)
Jointly AND severally is a legal phrase that means "two or more persons are fully responsible equally for the liability" [13] Under joint and several liability, the party with a relatively minor share of the actual liability bear the risk of full liability.
Conjunctions and the AME : The conjunctions ‘and and ‘or’ have very different meanings. 'AND' means something plus something - jointly and severally liable 'OR' means either this or that - jointly liable, or; severally liable
Similarly jointly and severally also have different meanings.
Jointly means that both parties have joint liability, giving responsibility for the full amount of the obligation to each party. "Severally" means that the parties are only responsible for their share of the obligation
When an agreement states "jointly and severally" liable, a claim may be made to any party in the agreement, similar to joint liability. It is up to the parties to sort out their share of the liability. [14]
When an agreement states "jointly OR severally" liability, a claim may be made to one or the other party in the agreement. However the parties have previously sorted out their share of the liability in the terms of the contract - the AME's Delegation Document.. CanadianAME (talk) 02:52, 11 August 2016 (UTC)
See this link for the use of AND vs OR [15]
The Letters of patent clearly define then that the AME is only responsible for only their respective obligations as am AME. they do not bear the full lliability of the Crown to whom they are responsible. Unless the wording of the letters patent is clearly recognised understood, some people may mis-read the term and assume the AME is "Jointly and Severally liable" when they clearly are not. CanadianAME (talk) 02:41, 11 August 2016 (UTC)
Canadian Aeronautics Act, RSC 1985 c A-2 PART I is an extremely important statement regarding the Governor in Council and the Licenced AME as noted above, because "the Governor General acts as the Queen's representative" and In Canada, "the governor in council is the governor general acting on the advice of the federal cabinet. Orders in council and minutes of council are signed by the governor general giving legal force to cabinet decisions relating to a statutory authority or the Royal prerogative." [16] This means that the Governor General exercises the powers of government that are reserved for the Crown by the Canadian Constitution. [17] Effectively, Canadian Aeronautics Act, RSC 1985 c A-2 PART meant that the AME reported directly to the Governor General , and then to the sitting Monarch...
Taking reference from La Forest "a scheme for delegation of authority from the delegator to the delegatee (Licensed AME ) to "inspect aircraft for ensuring Airworthiness" should also provide that the delegator cannot revoke delegated power for a certain period. Otherwise it could, in some cases, effectively dismantle a national scheme (for safety of the Public through inspection of aircraft) constructed at considerable expense". [18]. — Preceding unsigned comment added by CanadianAME (talk • contribs) 17:48, 10 August 2016 (UTC)
CanadianAME (talk) 18:24, 10 August 2016 (UTC)
Commonly spelt "Air Engineer" or air engineer.
Distinct from the "Flight Engineer" - a position and role created by RAF Bomber command in 1943.
Military aeronautics did not exist in Canada prior to World War I.
During World War I, Canadian military personnel flew with British military units of the Royal Army, Royal Engineers / Royal Flying Corps.
17 January 1920 : Canada - Air Board issued Air Regulations for 1920 come into effect establishing Air Regulations that required all Pilots, AIR Engineers, and aircraft to be licensed with the Air Board. [4] The Air Regulations also empowered the “Air Board” to conduct flying operations using government-owned aircraft and to form the first true CAF post WW1. The first chairman of the Canadian Air Board, Colonel Oliver Mowat Biggar, 2nd Canadian Judge Advocate-General, & Vice-Chairman brought to his duties knowledge of overseas air policies gained while he attended the Paris Peace Conference as a Canadian delegate;[5]
20 April 1920 : Robert McCombie is issued with the one of the first Canadian “AIR Engineer” licences.
26 June 1921 : Air Accident : Type : Curtiss JN-4, registration : Canada C-GAAM, Fatalities : None. Board of Inquiry noted that "closer inspection of aircraft of this age and more Air Engineer courses are recommended"
September 1927 : Canadian Department of National Defence policy for approved "Canadian Flying Clubs" is that the Department will issue to any duly incorporated club or association approved by the Minister of National Defence for this purpose, two light aeroplanes free of charge. The club or association will be required to:
1) make proper provision for the housing, maintenance and repair of the aeroplanes, 2) to arrange for the use of a flying field (or a seaplane base) 3) to arrange forthe services of a qualified instructor to be approved by this Department to supervise the flying, and 4) to arrange for a licensed AIR Engineer for the maintenance of the aircraft in an airworthy condition
Standard Conditions for Light Aeroplane Clubs and Associations Canada [6] circa 1928 [7]specify that the club provide:
1) a flying field which filled the requirements of the Air Regulations [1920];
2) storage for the aircraft and equipment from the Department of National Defence;
3) arrange for an air instructor and licensed air engineer;
4) have a roll of at least thirty members prepared to qualify as pilots, and
5) at least ten members who have already qualified and were "desirous of continuing to fly".
The Department of National Defence would then provide:
A) two aircraft and additional necessary equipment;
B) a $100 grant for each student who qualified for a pilot's license; C) periodical inspection of aircraft; D) a board of inquiry to investigate any accidents. (source ref: - Canada Gazette, Order in Council 24 September 1927 P.C. # 1878)
1940 : G.A. Thompson, General manager of Canadian Airways Limited, writes the Chief of Air Services to complain about technical / maintenance personnel "poaching” by the RCAF and continued to complain of personnel shortages after the British Commonwealth Air Training Plan began to fall into stride: In order to fulfill our contract to operate No. 2 Air Observers' School at Edmonton it will be necessary for us to draw on Canadian Airways' engineers for key positions and for training of other mechanics at the 0bservers' School. This means that on some of our longer runs it will be difficult for us to send as crew men licenced air engineers to certify the aircraft and engine airworthy each day as required by Air Regulations.... To take care of this situation might we suggest that our experienced pilots be granted temporary air engineers' certificates for the duration of the war, so that they will be in a position to sign out any aircraft and will only require a helper with them as crew men.... This would materially assist not only Canadian Airways northern operations but most probably the operations of all companies operating in the north.... I understand a very similar arrangement has been made to provide B and D licensed air engineers for the elementary pilots training schools.... “ [8]
05 January 1952 : Canada Gazette : Aircraft Mechanic, Grade 1. Department of Transport, Edmonton, Alta. $214-9242 per month. Open to qualified male residents of the Edmonton Air Services District (which consists of the Province of Alberta, the Northwest Territories west of the 110th meridian, Yukon Territory and that part of British Columbia north and east of a line ten miles west of the Alaska Highway). Qualifications:
1) High school education; 2) At least five years of experience in the maintenance and repair of aircraft and aircraft engines; 3) Personal suitability and satisfactory physical condition conforming to the requirements for a Private Pilot's Licence; 4) Possesion of an Air Engineer's Certificate endorsed in categories “A " and "C" or 5) Possesion of the new Aircraft Maintenance Engineers " M " licence under Category “A” for at least one of the following aircraft; Douglas DC-3; Lockhead 1848. 10-A or 12-A; Beechcraft C-18-VS or D-17-S; Avro Anson V ; DeHaviland DHC-2.[9]
AIR Engineers [10]are the Canadian equivalent of the British Ground Engineer [11]their training and licencing follows the British format and guidance materials. [12] [13]
[14]
Jump up ^ Canada Gazette - Orders in Council Air Board Act -1919 Jump up ^ Ottawa, Order-in-Council 1921 Jump up ^ Canada Gazette - National Defence Act, 1922 Jump up ^ Brace for Impact: Air Crashes and Aviation Safety By Peter Pigott, Dundurn, Jun 18, 2016 Jump up ^ Camp Borden, routine order, 28 November 1922 Jump up ^ Library and Archives of Canada RG 12 Volume 2171 File 5156-11 volume 1; 22 September 1945 Jump up ^ Canada Gazette - Order in Council 24 September 1927 P.C. 1878 Jump up ^ Library and Archives of Canada RG 12 Volume 1378 File 5258-118 volume 3; 28 June 1940; RG 12 Volume 1377 File 5258-118 volume 2; 2 July 1940; Memo, 25 October 1940 Jump up ^ Library and Archives of Canada: : Canada Gazette : 05 January 1952 Jump up ^ Civil Aviation Branch of the Department of National Defence, Canada report, for the quarter ending September 30, 1931 Jump up ^ syllabus outlined in Section 4 of the Air Navigation Directions 1919 Jump up ^ The United States National Advisory Council on Aeronautics - Bibliography of Aeronautics, 1920-1921 - PAUL BROCKETT Smithsonian Institution pages 13, 182 & 311 Jump up ^ Ratings of Categories of Aircraft Maintenance Engineers' Licences", Aircraft Engineering and Aerospace Technology, Vol. 22 Iss: 2, pp.58 - 58 Jump up ^ Clarification and implications of Limitations applied to a UK Part-66 AMEL http://www.caa.co.uk/docs/177/srg_lts_Limitations_v1_Nov2010.pdf
I have tried to identify this as a sperate article - but some one has deleted it... and redirected to the AME - CANADA
CanadianAME (talk) 19:32, 6 August 2016 (UTC) CanadianAME (talk) 02:41, 11 August 2016 (UTC)
British Legislation
[edit]British Legislation.
the Aerial Navigation Act, 1911 - empowered a Secretary of State "for the purpose of protecting the public from danger" to prohibit the navigation of air-craft over any areas "prescribed by him" ( in this Act, King George = the public). The cause of this Act was the apprehension that certain of the more air-minded of the King George's lieges would demonstrate their loyalty by following his Coronation Procession in aeroplanes.
The Aerial Navigation Act, 1913 - 1) extended the purposes of this power of prescribing forbidden areas (for purpose of protecting the public from danger) to include the defence or safety of the realm, and 2) authorized firing at aircraft which failed to comply with regulations on being signalled to do so.
The Aerial Navigation Act, 1919 (temporary statute) :
1) further empowered a Secretary of State to make regulations regarding: a) the licensing of pilots, b) the licensing of aircraft and c) the licensing of aerodromes, and
2) make regulations generally, regarding the carriage by air of passengers and goods ; 3) the purposes of the "Air Council", were extended to include "civillian" (Civil) air navigation.
Aerial Navigation Act, 1911 was repealed by the Aerial Navigation Act of 1920.
Aerial Navigation Act, 1913 was repealed by the Aerial Navigation Act of 1920.
Aerial Navigation Act, 1919 (temporary statute) was repealed by the Aerial Navigation Act of 1920.
The object of the Air Navigation Act of 1920 was twofold:
1) to make further provision for controlling and regulating the navigation of aircraft, whether British or foreign, within the limits of His Majesty's jurisdiction . . ., and, in the case of British aircraft, for regulating the navigation thereof both within such jurisdiction and elsewhere
2) to enable effect to be given to the Paris Convention of 1919 - relating to international x-border flying..
this page is a complete reference in it's entirety from THE LAW OF THE AIR - The Tagore Law Lectures of 1931 - BY ARNOLD D. McNail [19] also see citation #'s 4 and 5 on main page.
CanadianAME (talk) 19:13, 8 August 2016 (UTC)
tying together the missing links to "Clarify the Statutory Basis" for the AME
[edit]this information is exactly as posted on the AME-Canada talk page in response to a query re an AME descriptive definition chart.
I had uploaded a pdf copy of the candidate handbook issued by the ARB in the UK circa 1938 (1 year after the ARB came into being) that was concise in it's description of the role and origin of the UK Aircraft Ground Engineer - the equivalent of the A.I.R Engineer in Canada (Canada accepted this licence at face value back then because of the direct relationship and there are references to Ground Engineers in Transport Canada Literature, albiet incorrectly considered to be a "Mechanic" by the author of the article), however this too was deleted, even though of fair use due date of publication..
The Candidate handbook i uploaded, (which I believe is ARB document #2 - not identified on the cover as the Air Ministry pubs' were formerly an Air Ministry - A.I.D originated publication) had excellent descriptions of the "A" "B" "C" "D" and "X" ctegory licences and interstlngly, states back then on page 2 of the introduction's lasr paragraph what John Charles Clifford identified in his research into the "Issue of Divided Loyalties of Inspectors" identified in his 1988 Law Reform Comissionof Canada report on "Inspection". [20] """Inspection : a case study and selected references by John Charles Clifford,; Law Reform Commission of Canada; Commission de réforme du droit du Canada Published 1988 Topics Administrative law, Administrative agencies""" . Notable are his comments on p.38 - "seven categories of Licences are issued to among 6300 AMEs ....AMEs are the only class of private inspectors delegated by the department thru a licencing system , and p. 51 - "The AME performs an Inspection function that is pivitol for implementation of Canada's Aviation Safety Policy",
Mr. Clifford also noted that "as with other classes of private delegates (10 in total), there was no clear statutory basis for delegation of Ministerial powers to AMEs before the Aeronautics Act was ammended"" .. he then goes on to define the other classes of delegates..
The referenced link I have included takes one directly to the document and you can search it for key-terms. "Divided Loyalty" and "AME" bring up the highlights, however the entire report should be read.. Clifford's information ties in directly with Justice Moshansky's recommendations in Airworthiness Inspection Representatives in the Dryden Inquiry [21]
I believe, that with the documentation I have available to me, that I can sufficiently define and substantiate the timeline of the AME from evolution as a result of WW1 thru to today and tie together the missing links to "Clarify the Statutory Basis" for the AME having been delegated "Ministerial powers in the first instance.
The nature of the problem however can be likened to shredding the Birth Certificate for AME's in general, loading the resultant confetti into a shotgun, flying to the heaven's on high and shooting that confetti to the four corners of the earth... in order to get a clear picture it has taken over 4 years of reading, hundereds of emails and discussions with people around the globe and some - but not all of this research, which isn't "original" but in fact a retrieval of information previously published and brought back into the light of day - will soon be published as reference by a number of my peers.
If you - or anyone - provide me an email address, I can and will deliver a copy of documents I hold for anyone's purview.. however other than copies I hold of some of the now rare Air Ministry publications, the bulk of the information is all freely available.. all I did was to "Frame my questions correctly" and then go looking for answers.
Cheers, I am off to bed, CanadianAME (talk) 20:22, 9 August 2016 (UTC) CanadianAME (talk) 20:24, 9 August 2016 (UTC) CanadianAME (talk) 00:11, 10 August 2016 (UTC)
Crown Servant - AME - Joint / Several Liability of,
[edit]The office of Governor General by virtue of the royal prerogative of the British Monarch. The powers Governor General derive from "those powers defined in the Constitution Act 1867" ; and the "prerogative powers of the Crown" i.e the Royal Perogative, (The royal prerogative is defined as the residue of discretionary or arbitrary authority which at any given time is legally in the hands of the Crown.) delegated to the Governor General by the monarch. In the Letters Patent of 1947 [10], issued by King George VI, by the Grace of God, of Great Britain, Ireland and the British Dominions beyond the Seas King, Defender of the Faith, delegated the entire prerogative powers of the Crown to the Governor General of Canada at the federal level.[11]. His late father, His Majesty King George V had originally issued Letters Patent" on 23 March 1931 at Westminster in which were "constituted, ordered, and declared" that there should be a Governor General and Commander-in-Chief in and over Canada. The "Letters Patent" came as a result of the Constitution Acts, 1867 to 1940. The 1947 letters patent came into force on 1 October 1947.
"VII : We do hereby authorize and empower Our Governor General, subject to such limitations or directions, to appoint any person or persons, jointly OR severally, to be his Deputy or Deputies within any part or parts of Canada (the delegatee), and in that capacity to exercise, during the pleasure of Our Governor General, such of the powers, authorities, and functions of Our Governor General as he may deem it necessary or expedient to assign to him or them: Provided always, that the appointment of such a Deputy or Deputies shall not affect the exercise of any such power, authority or function by Our Governor General." [12] (this is the King's command for the Governor General to be delegator"
"XI. And We do authorize and require Our Governor General from time to time, by himself or any other person to be authorized by him in that behalf, to administer to all and to every person or persons, as he shall think fit, who shall hold any office or place of trust or profit in Canada, that said Oath of Allegiance, together with such other Oath or Oaths as may be from time to time be prescribed by any Laws or Statutes in that behalf made and provided" http://www.solon.org/Constitutions/Canada/English/LettersPatent.html
Effectively, the AME, who originated in 1919 as a "New Class of Officer" tasked with certain duties within the Air Navigation Act 1919 now became a "deputy of the Governor General"..
the specific wording "Jointly OR Severally" is significant, the OR defines the application of the two words. There are specific meanings to the words used in the language of the English
Jointly OR severally is a legal phrase that means
Jointly AND severally is a legal phrase that means "two or more persons are fully responsible equally for the liability" [13] Under joint and several liability, the party with a relatively minor share of the actual liability bear the risk of full liability.
Conjunctions and the AME : The conjunctions ‘and and ‘or’ have very different meanings. 'AND' means something plus something - jointly and severally liable 'OR' means either this or that - jointly liable, or; severally liable
Similarly jointly and severally also have different meanings.
Jointly means that both parties have joint liability, giving responsibility for the full amount of the obligation to each party. "Severally" means that the parties are only responsible for their share of the obligation
When an agreement states "jointly and severally" liable, a claim may be made to any party in the agreement, similar to joint liability. It is up to the parties to sort out their share of the liability. [14]
See this link for the use of AND vs OR [15]
The Letters of patent clearly define then that the AME is only responsible for only their respective obligations as am AME. they do not bear the full lliability of the Crown to whom they are responsible. Unless the wording of the letters patent is clearly recognised understood, some people may mis-read the term and assume the AME is "Jointly and Severally liable" when they clearly are not. CanadianAME (talk) 02:41, 11 August 2016 (UTC)
Canadian Aeronautics Act, RSC 1985 c A-2 PART I is an extremely important statement regarding the Governor in Council and the Licenced AME as noted above, because "the Governor General acts as the Queen's representative" and In Canada, "the governor in council is the governor general acting on the advice of the federal cabinet. Orders in council and minutes of council are signed by the governor general giving legal force to cabinet decisions relating to a statutory authority or the Royal prerogative." [16] This means that the Governor General exercises the powers of government that are reserved for the Crown by the Canadian Constitution. [17] Effectively, Canadian Aeronautics Act, RSC 1985 c A-2 PART meant that the AME reported directly to the Governor General , and then to the sitting Monarch...
Taking reference from La Forest "a scheme for delegation of authority from the delegator to the delegatee (Licensed AME ) to "inspect aircraft for ensuring Airworthiness" should also provide that the delegator cannot revoke delegated power for a certain period. Otherwise it could, in some cases, effectively dismantle a national scheme (for safety of the Public through inspection of aircraft) constructed at considerable expense". [18].
CanadianAME (talk) 02:49, 11 August 2016 (UTC)
LicenCe vs LicenSe : the need to understand the differences
[edit]English (British) definition of licence : A permit from an authority to own or use something, do a particular thing, or carry on a trade [22]
English (British) definition of license : To grant a Llicence or Permit to someone, to do something. Late Middle English: from licence. The spelling arose by analogy with (NOUN-VERB) pairs such as practice, practise. [23]
CanadianAME (talk) 03:05, 11 August 2016 (UTC)
The NOUN "licence" is the actual document that gives you the permission to do something or to own something and it’s important in the context of the difference between UK and US usage. [24]
In England, the noun, the document granting a licence is spelled LICENCE. In the USA, it is spelt LICENSE.
The VERB "to license" – is the actual granting of, or conveying of, the giving of the licence or the permission to do something or own something. In both instances (UK and the US), the spelling is the same, LICENSE.
CanadianAME (talk) 03:11, 11 August 2016 (UTC)
Canada, the Governor General and the AME
[edit]The Canadian Crown: The Role of the Governor General
While Canadians may posess an enormous interest in the functioning of Canada's political system, they have an abysmal lack of knowledge about the system[25] and in particular, of Canadia Aviation Law. Few will realise the role of the Governor General as an integral part of Canadian Law and more importantly, Canadian Aeronautics legislation.
In order to understand the evolution of Canadian Aeronautics Law, one needs to read and write the language of the Corwn, the King's or Queen's English. There is a reason for people involved in Aviation and in particular Aircraft Maintenance to Read, Write and Understand 'English" .he intent may have been that the person was needed to comprehend the documents of the law pertaining to them, and if so then perhaps we need to re-think our understanding of 'English' as the language of Aviation.
This requires the person to have a higher level comprehension of the documents important to them as a person involved in aeronautics and aviation, as the composition and bearing of the source documents - the Air Navigation Order, the Air Navigation Act and other legislation - is what must truly be understood, not necessarily the aircraft's maintenance manual.
Speaking the Queen's English so to speak also requires the person to realise that the origin of the language and its terms are derived from the evolution of the British Empire - all the way back to 1066, which coincidentally is also the time when an engineer first set foot in the realm.
In Britain, public schools are in fact Public Schools, they are the schools for the education of the family and the loyal followers of the public - the Monarch. The loyal followers of the Monarch being the 'Peers", the descendants of the original group of the individual kings of the land who pleadged their fealty to William the Conqueror. The loyal subjects of the Monarch in turn being everyone else of the masses, was left to seek their own education and as a result must go to Private Schools.
In Canada, however the exact opposite meaning applies to the term Public School, and it is a school system provided by the government which provides education to all of the common persons of Canada and Private Schools being where those private citizens of means send their children to be educated.
From this simple concept of the differences of language we can see the use the distinct meaning of the British system of law whereby Public means Crown business and Private means the business of private citizens.
Simple, but you need to speak the Queen's English i.e Public English - which leads us to the Air Navigation Order, Act and Regulations as being Public documents - and henceforth when issued under order thru the Queen's Printer - Public Knowledge.
The laws of Empire and the Dominions, Territories....the whole of the British realm are noted to be Public Knowledge - and as is often heard being said by an Officer of the Crown (a Crown Servant) to one who has run afoul of the law - Ignorance of the Law is no excuse.
When Winston Churchill issued the Air Navigation Regulation, 1919 (ANR, 1919) he specifically identified a glossary of terms and definitions - the Interpretation Act, 1889 which was to bea red in conjunction with the new Regulation, a regulation which had the same power and effect as if issued as an Act of parliament. Churchill's ANR, 1919 is therefore, an Act of parliament and it applied to BOTH the Military Service as well as the Civillian service - he issued 2 types of new Law using a single document.
Equally important, by way of this single document Churchill also created a 'New Class of Officer" in both the Military as well as the Public Service.
That 'New Class of Officer' was the Engineer. It needs to be stressed that this new Class of Officer made NO Distinction between the seperate roles pertinent to Design of Aircraft / Inspection of Aircraft to ensure Airworthiness. The signifigance of this is that boith the moden Design Engineer tasked with designing for Airworthiness AND the Aircraft Maintenance Engineer licenced to Inspect and Certify Airworthiness are derived from the same source. CanadianAME (talk) 02:34, 12 August 2016 (UTC) CanadianAME (talk) 02:34, 12 August 2016 (UTC)
CanadianAME (talk) 02:34, 12 August 2016 (UTC)
Engineer as Officer of the British Crown - Crown Servant & relationship to Go. Gen. of Canada by Letters Patent
[edit]PROCLOMATION [26] Letters Patent Constituting the Office of Governor General and Commander- in-Chief of Canada Effective October 1, 1947
GEORGE R. [L.S.]
GEORGE THE SIXTH, by the Grace of God, of Great Britain, Ireland and the British Dominions beyond the Seas KING, Defender of the Faith .
WHEREAS by certain Letters Patent under the Great Seal bearing date at Westminster the twenty-third day of March, 1931, His late Majesty King George the Fifth did constitute, order, and declare that there should be a Governor General and Commander-in-Chief in and over Canada, and that the person filling the office of Governor General and Commander-in-Chief should be from time to time appointed by Commission under the Royal Sign Manual and Signet :
AND WHEREAS at St . James's on the twenty-third day of March, 1931, His late Majesty King George the Fifth did cause certain Instructions under the Royal Sign Manuel and Signet to be given to the Governor General and Commander-in-Chief :
AND WHEREAS it is Our Will and pleasure to revoke the Letters Patent and Instructions and to substitute other provisions in place thereof : revoke Letters Patent of 23rd March, 1931, and Instructions
Now Therefore We do by these presents revoke and determine the Mid Letters Patent, and everything therein contained, and all amendments thereto and the said Instructions, but without prejudice to anything lawfully done thereunder :
AND We do declare Our Will and pleasure as follows :
- Office of Governor General and Commandordn-Chief Constituted :
We do hereby constitute, order, and declare that there shall be a Governor General and Commander- in-Chief in and over Canada, and appointments to the office of Governor General and Commander-in-Chief in and over Canada shall be made by Commission under Our Great Seal of Canada.
- His Powers and Authorities :
And We do hereby authorize and empower Our Governor General, with the advice of Our Privy Council for Canada or of any members thereof or individually, as the case requires, to exercise all powers and authorities lawfully belonging to Us in respect of Canada, and for greater certainty but not so as to restrict the generality of the foregoing to do and execute, in the manner aforesaid, all things that may belong to his office and to the trust We have reposed in him according to the several powers and authorities granted or appointed him by virtue of The British North America Acts, 1867 to 1946 and the powers and authorities hereinafter conferred in these Letters Patent and in such Commission as may he issued to him under Our Great Seal of Canada and under such laws as are or may hereinafter be in force in Canada.
- Great Seal :
And We do hereby authorise and empower Our Governor General to keep and use Our Great Seal of Canada for sealing all things whatsoever that may be passed under Our Great Seal of Canada.
- Appointment of Judges, Justices, etc :
And We do further authorise and empower Our Governor General to constitute and appoint, in Our name and on Our behalf, all such Judges, Commissionere, Justices of the Peace, and other necessary Officers ( including diplomatic and consular officers) and Ministers of Canada, as may be lawfully constituted or appointed by Us.
- Power to Appoint Deputies :
And Whereas by The British North America Acts, 1867 to 1946, it is amongst other things enacted that it shall be lawful for Us, if We think fit, to authorize Our Governor General to appoint any person or persons, jointly or severally, to be his Deputy or Deputies within any part or parts of Canada, and in that capacity to exercise, during the pleasure of Our Governor General, such of the powers, authorities, and functions of Our Governor General as he may deem it necessary or expedient to assign to such Deputy or Deputies, subject to any limitations or directions from time to time expressed or given by Us : Now We do hereby authorize and empower Our Governor General, subject to such limitations and directions, to appoint any person or persons, jointly or severally, to be his Deputy or Deputies within any part or parts of Canada, and in that capacity to exercise, during his pleasure, such of his powers, functions, and authorities, as he may deem it necessary or expedient to assign to him or them : Provided always, that the appointment of such a Deputy or Deputies shall not affect the exercise of any such power, authority or function by Our Governor General in person
- Succession :
And We do hereby declare Our pleasure to be that, in the event of the death, incapacity, removal, or absence of Our Governor General out of Canada, all and every the powers and authorities herin granted to him shall, until Our further pleasure is signified therein, be vested in Our Chief Justice for the time being of Canada, ( hereinafter called Our Chief Justice) or, in the case of the death, incapacity, removal or absence out of Canada of Our Chief Justice, then in the Senior Judge for the time being of the Supreme Court of Canada, then residing in Canada and not being under incapacity ; such Chief Justice or Senior Judge of the Supreme Court of Canada, while the said powers and authorities are vested in him, to be known as Our Administrator, Provided always, that the said Senior Judge shall act in the administration of the Government only if and when Our Chief Justice shall not be present within Canada and capable of administering the Government
- Officers and Others to Obey and Assist the Governor General :
And We do hereby require and command all Our Officers and Ministers, Civil and Military, and all the other inhabitants of Canada, to be obedient, aiding, and assisting unto Our Governor General, or, in the event of his death, incapacity, or absence, to such person as may, from time to time, under the provisions of these Our Letters Patent, administer the Government of Canada.
- Oaths to be Administered by the Governor General :
And We do authorize and require Our Governor General from time to time, by himself or by any other person to be authorized by him in that behalf, to administer to all and to every person or persons, as he shall think fit, who shall hold any office or place of trust or profit in Canada the said Oath of Allegiance, together with such' other Oath or Oaths as may from time to time be prescribed by any Laws or Statutes in that behalf made and provided.
- Power Reserved to His Majesty to Revoke, Alter or Amend the Present Letters Patent :
And We do hereby reserve:
- to Ourselves,
- to Our heirs and
- to successors,
full power and authority from time to time:
- to revoke,
- to alter, or
- to amend
these Our Letters Patent as to Us or them shall seem meet.
- Publication of Letters Patent :
And We do further direct and enjoin that these Our Letters Patent shall be read and proclaimed fit such place or places within Canada as Our Governor General shall think fit .
IN WITNESS WHEREOF
We have caused these Our Letters to he made Patent, and for the greater testimony and validity thereof, We have caused Our Great Seal of Canada to be affixed to these
presents, which We have signed with Our Royal Hand.
GIVEN the 8th day of September in the Year of Our Lord One thousand Nine Hundred and Forty-Seven and in the Eleventh Year of Our Reign .
BY HIS MAJESTY'S COMMAND W. L. MACKENZIE KING Prime Minister of Canada [27]
CanadianAME (talk) 19:26, 12 August 2016 (UTC) CanadianAME (talk) 19:40, 12 August 2016 (UTC) CanadianAME (talk) 22:36, 12 August 2016 (UTC)
Contractual Liability of the Crown and Its Officers - Agents of the Crown - Engineers - AMEs
[edit]The central governments of Canada and of the individual provinces do not consist of a single entity of the State, but are characterized by a certain duality. [28] [29]
Many of the powers of the Executive, both common law and statutory, are vested in "The Crown." [30] [31]
These powers are not exercised personally by the monarch but by government bodies and officials acting on behalf of the Crown.[32] [33]
The better view is that in acting in public affairs these authorities are not in fact acting in law on behalf of the monarch at all, but on behalf of a common law corporation which has legal powers distinct from those of the monarch personally [34] [35] [36]
With consideration of a "contract", the question must be asked : on whom does legal liability rest - the Crown and-or the agent of the Crown or upon the Public agency and-or the Agent of the Public agency ?
It must be determined who is actually a party to the agreement. [37] [38]
Where is the "Root" - the starting point for the need for the contract and as such, where does the responsibility lay?
In regard to questions of state liability, there are numerous points of identified in various Canada Law Reform Commission Working Papers. [39] [40] [41] [42]
The law admits of three possibilities:
- the agent alone is liable, (Several Liability)
- only the principal is liable, (Several Liability) or that
- both principal and agent liable
With item 3 in mind, it therefore must be determined to which extent the liability is applied. The questionss which then must be asked are thus:
- Is the Liability to be shared Jointly AND Severaly? or,
- is the Liability to be determined by being applied Jointly OR Severally?
Consider the following:
- An even % - 50% applied to principal and agent,
- 100% applied to principal and agent with both being equally liable for the full determination
- a fractional % of liability applied to principal and to agent
An agent may make himself a party (or be made a party), either alone or with his principal, even though he acts for the purposes of the principal and within the scope of his
authority, so that the principal is primarily liable.
This requires that the principal must indemnify the agent for any costs incurred as a result of the agent's own liability on the agreement [43]
Many bodies act sometimes:
- in an independent capacity of the Crown, and
- on behalf of the Crown, but some act
- in a capacity independent capacity of the Crown
What is the exact scope of the authority to bind the Crown? What is the exact scope of an authority's agency for the Crown?
When the UK ARB was created in 1937, it was not as a "Crown Agency", but as an Agency independent of the Crown. The ARB while accomplishing some functions previously accomplished directly by crown agents was not allowed to assume resonsibility for certain roles and functions - which remained with the crown. Principle to that is that the Crown remained responsible for Airworthiness while the ARB was allowed to accomplish certain functions. The ARB then cannot have been able to delegate responsiblilty for that which they did not posess. The ARB may have been able to act in capacity ”Capacity” however the Crown retained the ”Legal Right” over control of Airworthiness. In Canada, that "Legal Right" to ensure and confirm airworthiness was transferred from the Crown to the Governor General by the Stature of Westminster.
CanadianAME (talk) 20:37, 13 August 2016 (UTC)
Apprentices & Apprenticeships - general info
[edit]Apprenticeships
Apprenticeships were the main vehicle for technical education and training. Apprenticeships created a flow and maintained a stock of skilled craftspeople for the majority of trades and crafts . The ‘master’ a craftsman had a duty under the terms of the indenture (contractual agreement between the master and the apprentice) to teach the art, craft and ‘the mystery” of his trade to his Apprentice. Completion of the apprenticeship and the honouring of the indenture recognised the skills and ability of the apprentice who could then practice his craft or trade.
before the Industrial Revolution:
- Apprenticeships were the main vehicle for technical education
- Apprenticeships were the main vehicle for technical training
- Apprenticeships were provided by the Craft Guilds.
- crafts and trades practiced were mainly associated with agriculture and rural crafts.
However as the Industrial Revolution gained momentum the apprenticeship system began to lose its significance and importance as the “craftsman and the workshop” were gradually replaced by the “machine and factory”.
The Industrial Revolution brought with it:
- increased competition from domestic and overseas sources
- A need to maximise and maintain profit margins
- special knowledge associated with the operation of machines.
- Focused knowledge associated with the operation of specific machines
- larger numbers of less skilled workers.
- Hand Skills and tradecraft transferred from the crafts-person to the engineer / designer of the machines.
- Skilled artisans replaced by machine operators
- An undermining of the traditional master-apprenticeship relationship.
- technical and vocational trades seen as second class and ‘for the less able’
- Trades-persons who do not attend a “University” are looked upon with disdain. (affluenza).
- Commercial and Political interference and prejudice contribute to the negative image of apprenticeship.
- increased competition resulted in different attitudes and relationships between master and apprentice.
The Industrial Revolution brought massive people transformation :
- people moved to the cities from the villages and towns where crafts-people had traditionally worked alone or in small groups in work-shops.
- people now working in larger units carrying out highly repetitive tasks i.e. increased emphasis on sub-division of labour that meant the traditional methods of apprenticeship were increasingly irrelevant.
- masters increasingly did not want to teach apprentices : cost in terms of time, money and the fear of plagiarism.
- Highly skilled Apprentices are increasingly reduced to single skill performers.
- Apprentice education no longer delivers wide range comprehension.
Essential features of Apprenticeships: the way Apprentice subjects are taught - “Theory in Class” : “the Origin of and recent developments in” key subjects: Law - Theory and origin Technology - Theory Science mathematics Engineering principles literacy information technology the way Apprentice subjects are “learnt in class”- Practice : initial development of functional capabilities “manual skills” in key subjects: Law - Application of regulation during development of functional capability Technology - Practical application: Manual Skills Trade Craft Science mathematics Engineering practice: Skills Computation literacy information technology the way Apprentice subjects are “learnt in the workplace” — Practice : sustained development of functional capabilities “manual skills” in key subjects: Law - Application of regulation during development of functional capability Technology - Practical application: Manual Skills Trade Craft Science mathematics Engineering practice: Skills Computation literacy information technology the way Apprentice subjects are mastered - “Involvement in workplace” : Theory & Practice : ongoing requirement re recent developments in” key subjects: Law Technology - Theory Science mathematics Engineering principles literacy information technology: record keeping records research supply and distribution working with airworthiness directives working with regulatory documents Essentially, significant structural changes are required in: the way Apprentice work is assessed - Supervision the way Apprentice work is examined - Inspection
still based on traditional academic methods.
exercising a long-term philosophy / exercising a long-term mentality sustained employer involvement and effective employer involvement
work based learning : superficial and flawed work based assessment : superficial and flawed
functional subjects in literacy and numeracy : too academic and
functional subjects in literacy and numeracy : divorced from the realities of the workplace
the functional (Trades) mathematics examinations are pale imitations of the higher level university examinations
return to the structured system employed by the original Royal Engineers of the WW1 era:
- a benefit in today’s world
- a tiered system whereby each Engineering level progressed upwards to the next via a higher course of study.
- A tiered system whereby apprenticeship for trades progressed upwards to next level by being tested:
- practical application
- theoretical comprehension
- A tiered system whereby Licensed persons progressed upwards to next level by being apprenticed and tested at each level:
- practical application
- theoretical comprehension
- culminate in a degree or title being conferred to high level Lic. Holders.
In the case of the aircraft mechanic in Canada, there is so much to know that 2 years of “Formal” education is no longer enough when considering the breadth of information that is a part of the trade of being an aircraft mechanic, let alone the higher level of education and training required for that mechanic to then "Step-Up" and become a "licenced AME"
CanadianAME (talk) 00:18, 14 August 2016 (UTC)
Mass production of Machinery and the Mechanic -
[edit]The mechanic of today looks upon machinery as:
- a means of adding materially to his wage earning capacity and
- as an appliance creating a demand for his labour
in the world's markets.
Originally the mechanic regarded the machine as
- an invention which would reduce the demand for,
- an invention which would reduce the value of his labour
in the world's markets.
Beginning in the Victorian age, the evolution of steam power and machinery led to a demand for fast, repetitive work:
- the rapid production of parts for machines
- the duplication of standard forms of parts for machines
- the production of interchangeable parts for machine production
- the production of interchangeable spare parts for machines
- the rapid production of parts for machines
Demand for the rapid production of interchangeable parts could only be met by the introduction of precise methods whereby: error was reduced to the extreme limit of possibility and machine work in engineering workshops became a matter of great precision in measurement
Today's standard of accuracy in has reached a very high level of excellence. In modern workshops, the degree of precision expected in:
- the rapid production of parts for machines
- the duplication of standard forms of parts for machines
- the production of interchangeable parts for machine production
- the production of interchangeable spare parts for machines
- the rapid production of parts for machines
Is as high as that which was formerly attained by an exceptionally skilled prerson engaged on producing the highest grade of work by hand from drawings.
Inspection of the work produced by the workshop remains paramount, as does the subsequent work of installation of the parts produced and ensuring correct functioning of the parts once installed.
The length of the standard yard is purely arbitrary and is defined by Act of Parliament : Weights and Measures Act of 1878.
The metre became the French standard unit of length in accordance with the law of the French Republic in 1796. The use of the metre as a unit of length throughout Great Britain was legalized by Act of Parliament in 1907.
CanadianAME (talk) 01:34, 14 August 2016 (UTC) CanadianAME (talk) 01:35, 14 August 2016 (UTC)
- ^ a b c Short History of the Royal Air Force, Chapter 7 - Cultural and Organizational Heritage, Royal Air Force. (retrieved 6 August 2016)
- ^ a b Gp Capt W J Taylor OBE RAF DD Spt Pol 2 (RAF retired); “Trenchard's Brats Blow Out”, The 103rd Entry Association Newsletter No 8.
- ^ "Royal Air Force—Aircraft Apprentices", Flight, 5 February, 1932, Page 123.
- ^ Flight and the Aircraft Engineer, 4 February 1926. page 65.
- ^ Press Section, Air Ministry, Flight, 25 January 1932. [clarification needed]
- ^ a b Wg Cdr Andy Tait; "Boy and Apprentice Training at Cranwell 1916-1952", RAF SOTA Vol 3 No 1-2, 2008.
- ^ Human Reliability in Civil Aircraft Inspection - The Human Factor in System Reliability, Is Human Performance Predictable? : C. G. Drury, State University of New York at Buffalo, Department of Industrial Engineering- Defense Technical Information Center Compilation Part Notice ADPO10442
- ^ Delegation of Legislative Power in Canada - McGILL LAW JOURNAL, Vol. 21 pg.134, 1975
- ^ Aeronautics Act, RSC 1985, c A-2, RSC 1985, c A-2, s 4.3(1) <https://zoupio.lexum.com/calegis/rsc-1985-c-a-2-en#!fragment/sec4.3subsec1>
- ^ http://www.solon.org/Constitutions/Canada/English/LettersPatent.html
- ^ http://www.revparl.ca/english/issue.asp?param=74&art=163
- ^ http://www.solon.org/Constitutions/Canada/English/LettersPatent.html
- ^ http://www.investinganswers.com/financial-dictionary/laws-regulations/jointly-and-severally-574
- ^ http://www.investinganswers.com/financial-dictionary/laws-regulations/jointly-and-severally-574
- ^ http://www.usingenglish.com/forum/threads/89787-and-vs-or
- ^ http://canadaonline.about.com/cs/gg/g/govincouncil.htm
- ^ http://www.parl.gc.ca/About/House/Compendium/web-content/c_g_parliamentaryframework-e.htm
- ^ Delegation of Legislative Power in Canada - McGILL LAW JOURNAL, Vol. 21 pg. 147, 1975
- ^ THE LAW OF THE AIR - The Tagore Law Lectures of 1931 - BY ARNOLD D. McNail C.B.E., LL.D. OF GRAY'S INN, BARRISTER-AT-LAW FELLOW OF GONVILLE AND CAIUS COLLEGE READER IN PUBLIC INTERNATIONAL LAW IN THE UNIVERSITY OF CAMBRIDGE
- ^ https://archive.org/details/inspectioncasest00clif
- ^ lessonslearned.faa.gov/Fokker/001301.pdf
- ^ https://www.translegal.com/legal-english-lessons/licence-vs-license-2
- ^ http://www.oxforddictionaries.com/definition/english/license
- ^ https://www.translegal.com/legal-english-lessons/licence-vs-license-2
- ^ http://www.lawnow.org/role-of-the-governor-general/
- ^ The Canada Gazette, Ottawa, Wednesday October 1, 1947
- ^ The Canada Gazette, Ottawa, Wednesday October 1, 1947
- ^ Arrowsmith, Sue. "The Contractual Liability of the Crown and Its Agents." Osgoode Hall Law Journal 28.3 (1990) : 571-612.
- ^ http://digitalcommons.osgoode.yorku.ca/ohlj/vol28/iss3/3
- ^ Arrowsmith, Sue. "The Contractual Liability of the Crown and Its Agents." Osgoode Hall Law Journal 28.3 (1990) : 571-612.
- ^ http://digitalcommons.osgoode.yorku.ca/ohlj/vol28/iss3/3
- ^ Arrowsmith, Sue. "The Contractual Liability of the Crown and Its Agents." Osgoode Hall Law Journal 28.3 (1990) : 571-612.
- ^ http://digitalcommons.osgoode.yorku.ca/ohlj/vol28/iss3/3
- ^ S. Arrowsmith, Government Procurement and Judicial Review (Toronto: Carswell, 1988) at 109-29.
- ^ Arrowsmith, Sue. "The Contractual Liability of the Crown and Its Agents." Osgoode Hall Law Journal 28.3 (1990) : 571-612.
- ^ http://digitalcommons.osgoode.yorku.ca/ohlj/vol28/iss3/3
- ^ Arrowsmith, Sue. "The Contractual Liability of the Crown and Its Agents." Osgoode Hall Law Journal 28.3 (1990) : 571-612.
- ^ http://digitalcommons.osgoode.yorku.ca/ohlj/vol28/iss3/3
- ^ Law Reform Commission Of Canada, The Legal Status of the Federal Administration - Working Paper 40, Ottawa: The Commission, 1985.
- ^ D. Cohen, - Thinking about the State, Law Reform and the Crown in Canada", 24 Osgoode Hall L.i. 379. 1986
- ^ Arrowsmith, Sue. "The Contractual Liability of the Crown and Its Agents." Osgoode Hall Law Journal 28.3 (1990) : 571-612.
- ^ http://digitalcommons.osgoode.yorku.ca/ohlj/vol28/iss3/3
- ^ F.M.B. Reynolds, Bowstead on Agency, 15th ed. (London: Sweet & Maxwell, 1985) pp 210-245
- ^ Richard Evans FInst.P. FCGI. FInstLM. CompCIPHE. The History of commercial & Technical Examinations
- ^ PRINCIPAL MEASUREMENTS REQUIRED AND THE INSTRUMENTS USED IN WORKSHOP PRACTICE : LOUIS BURN A.M.I.Mech.E., A.M.I.E.E. : SIR ISAAC PITMAN & SONS, LTD. PARKER STREET, KINGSWAY, LONDON W.C.2, 1924