CASA 67/20 — Relevant Flight Time Limitations for Helicopter Mustering Operations Direction 2020 (Cth)

Instrument number CASA 67/20

I, WARREN CRAIG MARTIN, Executive Manager, Regulatory Services & Surveillance, a delegate of CASA,make this instrument under regulation 210A of the Civil Aviation Regulations 1988 and regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed C. Martin]

Craig Martin
Executive Manager, Regulatory Services & Surveillance

30 November 2020

CASA 67/20 — Relevant Flight Time Limitations for Helicopter Mustering Operations Direction 2020

1          Name

                 This instrument is CASA 67/20 — Relevant Flight Time Limitations for Helicopter Mustering Operations Direction 2020.

2          Duration

                 This instrument:

(a)commences on 1 December 2020; and

(b)is repealed at the end of 30 September 2021.

Note   This instrument will continue to apply to an operator or a relevant flight crew member (or relevant FCM) employed by an operator until the end of 30 September 2021 if related circumstances mentioned in the application provision in section 5 exist for the operator — see paragraphs 5 (2) (a) and (b).

3          Repeal of instrument CASA EX54/19

                 CASA EX54/19 — Civil Aviation Order 48.1 Instrument 2013 (Aerial Application Operations in Aeroplanes) Exemption 2019 is repealed.

Note  For the requirements and conditions related to an aerial application in an aeroplane under Part 137 of CASR, see subsection 11 (Part 137 Operations) of the Civil Aviation Order 48.1 Instrument 2019, available on the Federal Register of Legislation at

4          Definitions

NoteIn this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: aircraft, CAR, Civil Aviation Orders, helicopter, operator, of an aircraft, pilot in command and V.F.R.

                 In this instrument:

CAO 48.1 means Civil Aviation Order 48.1 Instrument 2013.

Note   CAO 48.1 is freely available on the Federal Register of Legislation at

duty‑free day, in relation to a pilot,means a day on which the pilot is not rostered for piloting or other aviation-related duties.

Note   See subclause 5 (2) of Schedule 1 to this instrument for a description of when a duty-free day, or a period composed of 2 or more duty-free days, is taken to begin and end.

entry-level pilot means a pilot who:

(a)   holds, or is undergoing training for, a mustering approval; and

(b)   has less than 500 hours flying time in helicopter mustering operations as pilot in command or acting as pilot in command under supervision.

experienced pilot means the holder of a mustering approval who has a minimum of 500 hours flying time in helicopter mustering operations:

(a)as pilot in command; or

(b)acting as pilot in command under supervision.

fatigue risk management system has the meaning given by paragraph 6.1 of Civil Aviation Order 48.1 Instrument 2019, as in force from time to time.

Note   Civil Aviation Order 48.1 Instrument 2019 is freely available on the Federal Register of Legislation at lang="EN-AU">.

helicopter mustering operations means activities related to the aerial supervision and control of livestock that are carried out by helicopter and includes:

(a)   aerial stock mustering; and

(b)   aerial stock spotting; and

(c)   animal culling; and

(d)   flying training related to carrying out by helicopter of activities related to the aerial supervision and control of livestock, including an activity mentioned in paragraph (a), (b) or (c).

instrument CASA 28/18 means the legislative instrument titled CASA 28/18 – Flight Time Limitations for Helicopter Mustering Operations – Direction 2018, as in force immediately before this instrument commences.

mustering approvalmeans an authorisation under Part 61 of CASR to conduct helicopter mustering operations.

relevant flight crew member (or relevant FCM) means a licensed crew member charged with duties essential to the operation of an aircraft during relevant flight time.

relevant flight time means:

(a)   in the case of a heavier-than-air aircraft — the total time from the moment at which the aircraft first moves under its own power for the purpose of taking-off until the moment at which it comes to rest after landing; and

(b)   in the case of a lighter-than-air aircraft — the total time from the moment at which the aircraft first becomes airborne until it comes to rest on the ground, excluding any time during which the aircraft is moored.

NoteUnder clause 4 of Schedule 1, relevant flight time, as defined, includes a pilot’s total relevant flight time as a relevant FCM in an aircraft and is not restricted to flying time in a helicopter mustering operation as a pilot in command or acting as pilot in command under supervision.

5          Application

        (1)     Subject to subsection (2), this instrument applies to:

(a)   the operator of an aircraft engaged in helicopter mustering operations; and

(b)   a relevant FCM of an aircraft engaged in helicopter mustering operations.

        (2)     On or after 1 July 2021, this instrument does not apply to an operator or a relevant FCM employed by an operator unless the operator:

(a)   is an AOC holder, other than an AOC holder engaged in regular public transport operations in high capacity aircraft to whom Civil Aviation Order 82.5 applies; and

(b)   has, on or before 30 June 2021, applied to CASA for a fatigue risk management system.

6          Direction

                 For regulation 210A of CAR, the following persons must follow the directions in Schedule 1 when conducting helicopter mustering operations:

(a)an operator mentioned in subclauses 1 (1) and (2) of Schedule 1;

(b)   a relevant FCM employed by an operator of that kind.

7          Transitional

(1)     This section applies to an operator who, immediately before the commencement of this instrument, was conducting helicopter mustering operations in accordance with the directions in Schedule 1 to instrument CASA 28/18.

Note   Instrument CASA 28/18 is freely available on the Federal Register of Legislation at

        (2)     An operator of a kind mentioned in subsection (1) may continue to conduct helicopter mustering operations in accordance with the directions in Schedule 1 to this instrument without renotifying CASA, but otherwise subject to compliance with Schedule 1 to this instrument.

Schedule 1          Directions — Helicopter Mustering Operations

1          Application of directions to helicopter mustering operations

     (1)     In spite of CAO 48.1, an operator may continue to conduct helicopter mustering operations in accordance with the directions in this Schedule if the operator, in writing:

(a)   notifies CASA that the operator intends to conduct the operations; and

(b)   specifies the date on which the operator intends to start conducting the operations.

     (2)     The directions in this Schedule apply to an operator on and after the date specified by the operator in accordance with paragraph (1) (b).

     (3)     An operator who no longer wishes to conduct helicopter mustering operations in accordance with the directions in this Schedule must give CASA:

(a)   notice, in writing, mentioning that the operator intends to stop conducting the operations at the end of a specific date; and

(b)   the written notice at least 7 days before the date mentioned in paragraph (a).

Note   An operator to whom the directions in this Schedule do not apply must conduct helicopter mustering operations in accordance with Civil Aviation Order 48.1 Instrument 2019, as in force from time to time (freely available on the Federal Register of Legislation at

2          Helicopter mustering operations

              Helicopter mustering operations must be carried out under the V.F.R. by day whether carried out by an entry-level pilot or an experienced pilot.

3          Maximum duty period

              On any day on which an entry-level pilot or an experienced pilot is rostered for piloting or other aviation-related duty by an operator engaged in helicopter mustering operations, the pilot must not be rostered for duty for a period that exceeds the hours of daylight at that particular place and time, plus an additional half hour.

4          Relevant flight time limitations

     (1)     An operator engaged in helicopter mustering operations must not knowingly roster a pilot to fly if the pilot’s total relevant flight time as a relevant FCM will, as a result, exceed:

(a)   for an experienced pilot:

             (i)  100 hours in any 16 consecutive days; or

            (ii)  subject to subparagraph (iii) — 1 200 hours in any 365 consecutive days; or

           (iii)  if the pilot has had a period of 42 consecutive days free of piloting or other aviation-related duty during that period — 1 400 hours in any period of 365 consecutive days; or

(b)   for an entry-level pilot:

             (i)  10 hours in any 24 consecutive hours; or

            (ii)  120 hours in any 30 consecutive days; or

           (iii)  1 200 hours in any 365 consecutive days.

     (2)     A pilot carrying out helicopter mustering operations must notify the operator if the pilot’s total relevant flight time as a relevant FCM will, as a result of being rostered to fly in operations of that kind, exceed a limit set out in paragraph (1) (a) or (b), whichever is applicable.

     (3)     A pilot who is rostered to carry out a flight for the purpose of a helicopter mustering operation must not do so if, as a result, the pilot would exceed a limit set out in paragraph (1) (a) or (b), whichever is applicable.

Note   In respect of operations to which the directions in this Schedule do not apply, operators and pilots must comply with the applicable limitations on flight time or duty time:

(a)     as determined in accordance with CAO 48.1; or

(b)     as otherwise directed under regulation 210A of CAR.

5          Duty-free days

     (1)     In any 16 consecutive days, a pilot must have at least 2 duty-free days that may be consecutive or taken separately.

     (2)     A duty-free day, or 2 or more consecutive duty-free days, are, for the purposes of the directions in this Schedule, taken to:

(a)   commence at the end of the evening civil twilight before the duty-free day, or first duty-free day; and

(b)   end at the beginning of the morning civil twilight on the day following the duty-free day or the last duty-free day.

     (3)     An operator must not knowingly require a pilot to fly in a helicopter mustering operation if the pilot is unfit for duty because of fatigue, illness or injury, or for any other reason.

     (4)     If a pilot who is required to engage in a helicopter mustering operation is unfit for duty because of fatigue, illness or injury, or for any other reason, the pilot:

(a)   must notify the operator; and

(b)   must not engage in the operation.

6          Recording of pilot’s relevant flight time and duty time

              Records kept by an operator engaged in helicopter mustering operations must be in a form that facilitates the ready determination of a pilot’s cumulative:

(a)   relevant flight time: and

(b)   duty time.

7          Recording of helicopter flying time

              An operator engaged in helicopter mustering operations must record daily flying time for a helicopter by using:

(a)   an electronic data recording device, approved in writing by CASA, installed on a helicopter engaged in helicopter mustering operations; or

(b)   a form of a daily flying return, however described, containing at least the following details:

             (i)  helicopter registration;

            (ii)  the date;

           (iii)  the name of the pilot, or each pilot, flying the helicopter;

           (iv)  the maintenance release number;

            (v)  in respect of each flight:

(A)  the departure point; and

(B)   start engine time; and

(C)   take-off time; and

(D)  landing time; and

(E)   shutdown time; and

(F)   landing point; and

(G)  relevant flight time (as entered in the pilot’s logbook); and

(H)  time-in-service (as entered in the maintenance release); and

(I)    comments (if any); and

(J)    the pilot’s signature; and

(K)  the client’s signature (where possible).