Transall Tankers has pushed back against claims by Australia’s aviation regulator that certification delays for its C-160 firefighting aircraft stem from the company’s commercial decisions, saying it has engaged with the Civil Aviation Safety Authority (CASA) on the project since 2023.
The dispute follows a statement by CASA this week defending its handling of the certification process for the former German military aircraft, which the regulator said had never previously been certified for civil aerial firefighting operations anywhere in the world.
CASA said safety remained the “overriding priority” and rejected suggestions it was delaying the project, adding the aircraft would require both regulatory amendments and extensive engineering assessment before approval could be considered.
In a detailed response, Transall Tankers said it had “never asked CASA to compromise safety” and supported rigorous oversight of the program.
Here is the full response from Transall Tankers:
Transall Tankers welcomes CASA’s continued engagement in the certification process relating to the C-160 program and acknowledges the importance of maintaining rigorous aviation safety standards. However, following CASA’s recent public comments, we believe it is necessary to clarify a number of factual matters relating to the project, the certification history, and the broader objective of establishing an Australian-owned large air tanker capability.
CASA statement:
CASA does not compromise safety in response to the commercial decisions of operators.
Transall Tankers Response:
We have never asked CASA to compromise safety, nor would we. Our position has always been that the aircraft should be assessed through the appropriate regulatory and engineering process.
On the day the aircraft arrived at Sunshine Coast, MachJet, as the registered owner, had engaged a CASA Authorised Delegate to attend and subsequently assist with the development and submission of a certification plan for CASA’s assessment. That initial certification plan was submitted on Saturday, 7 October 2023, and rejected shortly afterwards on Wednesday, 18 October 2023.
We accept that the initial application was deficient. Since that time, however, MachJet and John McDermott as the owner have engaged multiple engineering organisations and have continued to work through the certification plan process in a continuing effort to meet CASA’s expectations.
CASA statement:
McDermott Aviation did not engage with CASA before purchasing ex-military aircraft which are more than 50 years old and not approved for firefighting anywhere in the world.
Transall Tankers Response:
The aircraft were registered by CASA in Australia on 14 September 2022, and the intended operating purpose was clear from the outset. This was more than 12 months before the initial certification plan was submitted, and within 12 – 18 months of the aircraft being retired from active service with the German military, noting the retirement dates vary by individual airframe.
The project has always proceeded on the basis that a formal certification pathway would be required before the aircraft could conduct the proposed restricted category operations.
CASA statement:
McDermott Aviation submitted a certification plan to CASA last month. By their own estimates, the very earliest the aircraft will be certified will be the end of 2027.
Transall Tankers Response:
Correct, although it should be noted that the recent submission is the latest revision of the certification plan, not the first attempt to engage in this process. As noted above, the certification plan submission and rejection process has been ongoing since October 2023.
The estimated timeframe of end 2027 is the most recent estimate and based on the progress made since October 2023 and the current state of the process with CASA. This timeframe takes into consideration the time required to obtain CASA acceptance of the most recent requested amendment to the certification plan, completing the engineering assessment, and working through any additional required certification activities yet to be advised by CASA.
CASA statement:
If certification is achieved, it will be a world first.
Transall Tankers Response:
While certification of the aircraft in its proposed Australian restricted category configuration may ultimately represent a world first, that alone should not be viewed as a reason the project cannot proceed. Innovation in aviation has always involved new certification pathways, and every aircraft certification program at some point represents a first-of-type approval.
It is also important to clarify that, while the specific use of the C-160 in the proposed Australian restricted category configuration may be unique, CASA has previously issued restricted category certification for ex-military aircraft, including aircraft supported by foreign military technical documentation.
For example, restricted category type certificate VA517 was issued on the basis of Italian Air Force technical documentation. That precedent is relevant because it demonstrates that CASA has previously accepted military-origin technical data as part of a restricted category certification basis.
CASA statement:
Australia has access to more than 500 aircraft nationwide provided by over 150 operators for aerial firefighting.
Transall Tankers Response:
While Australia may have access to a large number of aircraft for aerial firefighting operations, that figure predominantly relates to light aircraft and helicopters. There are currently no Australian-owned and operated Large Air Tankers (LATs), despite the importance of sovereign aerial firefighting capability being identified following the 2020 Royal Commission into National Natural Disaster Arrangements.
At present, every Large Air Tanker operating in Australia is owned and operated by foreign companies because there are no Australian alternatives.
The opportunity presented by this project is different. It supports an Australian-owned enterprise using Australian manufacturing capability and employing hundreds of Australian staff across multiple disciplines. It is aimed at developing a sovereign large air tanker capability, reducing reliance on foreign operators for critical national firefighting resources.
CASA Statement:
The C-160 is a military aircraft that has never been approved to operate in Australia, nor has it been certified anywhere else in the world for civil operations of the kind proposed.
Transall Tankers Response:
The C-160 is not without precedent in civil use. It has previously been civil certified in France for transport operations and in Indonesia for firefighting operations. However, the approval being sought in Australia is not for unrestricted civil transport category operations.
The application is for a restricted category approval for an ex-military aircraft to be used in defined special purpose operations. The proposed scope is deliberately narrow and limited to firefighting and humanitarian support operations only.
This proposed use is consistent with the aircraft’s historic military-approved capability, which included mission profiles directly relevant to aerial firefighting, including documented fire tank configurations dating back to 1980. Reference: A/DC/ES Nº452AN, 1980.
CASA Statement: CASA has not been involved in any flight evaluations to date.
Transall Tankers Response:
All flight evaluations to date have been conducted openly under the oversight framework applicable to the aircraft in its current limited category. CASA has not directed that these evaluations cease, nor has the operator sought to exclude CASA from the process.
We would welcome CASA’s direct involvement in any future evaluations and remain open to any constructive engagement that assists the certification process.
CASA Statement:
In order to certify the C-160, the regulations need to be amended. Following public consultation, we are working to advance these amendments.
Transall Tankers Response:
We acknowledge and appreciate the recent progress on the proposed regulatory amendments.
CASA Statement:
The regulation amendments would simply provide a legal pathway for certification. We are working in parallel with MachJet as the applicant McDermott Aviation to complete the engineering assessment that is required to determine whether the aircraft meets the necessary standards for certification.
Transall Tankers Response:
We agree that the proposed amendments would only provide the legal pathway for certification and would not, of themselves, certify the aircraft. To date, the practical engineering assessment has been limited by the lack of an accepted certification plan. We are hopeful that acceptance of the latest revision will allow CASA to allocate the necessary technical resources and progress the engineering assessment in a structured and timely manner.
CASA Statement:
Military aircraft are not designed and built to recognised civil aviation safety standards. Rather, they are built to the specific contractual requirements of an individual military purchase order which may prioritise capability such as speed, weapons or agility over safety.
Transall Tankers Response:
While that observation may apply to some military aircraft, it should not be treated as a universal conclusion for all former military platforms. Australia already operates a number of ex-military aircraft under specialised operational frameworks, including aircraft such as the Black Hawk, Chinook and C130. In this case, we are specifically pursuing the restricted category pathway established for former military aircraft undertaking defined special purpose operations.
The C-160 should therefore be assessed on its specific design basis, operational intent, and supporting technical data. The aircraft was designed to a historical but relevant transport category aircraft standard and, by the manufacturer’s own admission, can be shown to align with civil transport category certification principles. We also acknowledge that aviation safety expectations have advanced significantly since the aircraft was originally manufactured.
For that reason, we are not seeking unrestricted civil passenger or transport operations. The application relates to a narrow restricted category approval for defined firefighting and humanitarian support operations, supported by an appropriate certification basis, operating limitations, maintenance controls, and risk mitigations.
CASA Statement:
Additionally, the challenge for retrospective civil certification is compounded by the age and wear and tear of these aircraft during their time operating in a military environment.
Transall Tankers Response:
Age and prior operational use are important considerations for any aircraft certification assessment. However, if those concerns are to be applied consistently, the same scrutiny should reasonably extend to former civil aircraft that have been retired from passenger service and subsequently converted into Large Air Tankers. Aircraft such as converted B737 LATs were originally designed for high-altitude commercial transport operations, not repetitive low-level, low-speed firefighting missions, and many of those aircraft are significantly higher time and higher cycle airframes than the C-160 fleet.
We do acknowledge that age, service history, fatigue, corrosion, configuration control, and continuing airworthiness are central issues for any retrospective certification of former military aircraft. Those matters are precisely why a structured certification plan and engineering assessment are required. Our position is not that these issues should be overlooked, but that they should be assessed through a clear, evidence-based process using the available military technical records, aircraft-specific condition data, inspection findings, and appropriate continuing airworthiness controls.
Transall Tankers closing statement:
Our concern is not that CASA is applying safety scrutiny. We expect and support rigorous safety oversight as part of any certification process. Our concern is that the project has now remained within the certification plan process since October 2023, with the pathway still unresolved despite significant investment, ongoing engagement, and the involvement of multiple engineering organisations.
We are seeking a clear, timely, and technically grounded process so the aircraft can either be properly assessed against the applicable standards or any specific deficiencies can be clearly identified, addressed, and resolved through the appropriate engineering and regulatory framework.
