Civil Aviation Amendment Regulations 2003 (No. 7) (Cth)

Civil Aviation Amendment Regulations 2003 (No. 7)1

Statutory Rules 2003 No. 2402

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Aviation Act 1988.

Dated 11 September 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

JOHN ANDERSON

Minister for Transport and Regional Services

Contents

1Name of Regulations

These Regulations are the Civil Aviation Amendment Regulations 2003 (No. 7).

2Commencement

These Regulations commence on gazettal.

3Amendment of Civil Aviation Regulations 1988

Schedule 1 amends the Civil Aviation Regulations 1988.

4Amendment of Civil Aviation Safety Regulations 1998

Schedule 2 amends the Civil Aviation Safety Regulations 1998.

Schedule 1Amendments of Civil Aviation Regulations 1988

(regulation 3)

  

[1]Subregulation 2 (1), after definition of flight service officer licence

insert

Note For definitions of flight simulator and flight training device, see the CASR Dictionary.

[2]Subregulation 2 (1), definition of synthetic flight trainer

substitute

synthetic flight trainer means a flight simulator, a flight training device, or a synthetic trainer.

Note 1 For definitions of flight simulator and flight training device, see the CASR Dictionary.

Note 2 Standards for flight simulators and flight training devices are set out in the document called ‘Manual of Standards (MOS) – Part 60’ published by CASA.

Note 3 Standards for synthetic trainers are set out in the document called ‘FSD-2 Operational Standards and Requirements – Approved Synthetic Trainers’ published by CASA.

synthetic trainer means a ground training device, other than a flight simulator or a flight training device, that simulates or represents flight conditions, aircraft characteristics and a cockpit environment.

[3]Subregulation 5.01 (1), definition of flight simulator

omit

[4]Part 5, Division 13, note 2

omit

flight simulator

[5]Part 5, Division 14, note 2

omit

flight simulator

[6]Subregulation 5.194 (1)

omit

a flight simulator,

insert

an approved flight simulator,

[7]Further amendments — omission of note

The following provisions are amended by omitting the note after the provision:

· regulation 5.60

· subregulation 5.81 (7)

· subregulation 5.85 (6)

· subregulation 5.91 (7)

· subregulation 5.99 (7)

· subregulation 5.108 (7)

· subregulation 5.112 (4)

· subregulation 5.116 (4)

· subregulation 5.124 (7)

· subregulation 5.133 (7)

· subregulation 5.154 (7)

· subregulation 5.159 (4)

· subregulation 5.161 (4)

· subregulation 5.169 (7)

· subregulation 5.173 (6)

· subregulation 5.178 (7)

· subregulation 5.182 (4)

· subregulation 5.192 (2)

· subregulation 5.193 (3).

Schedule 2Amendments of Civil Aviation Safety Regulations 1998

(regulation 4)

  

[1]After Part 45

insert

Part 60Synthetic training devices

Subpart 60.APreliminary

60.000Make-up of this Part

This Part is made up as follows:

Subpart 60.APreliminary

60.000 Make-up of this Part

60.005 Applicability

60.010 Definitions for Part 60

Subpart 60.BFlight simulators and flight training devices

60.015 Definitions for Subpart 60.B

60.020 Qualification levels

60.025 Application for flight simulator qualification or flight training device qualification

60.030 Initial evaluation and qualification

60.035 Issue of flight simulator qualification certificate or flight training device qualification certificate

60.040 Period of validity of flight simulator qualification or flight training device qualification

60.045 Recurrent evaluation of qualified flight simulator or qualified flight training device

60.050 Variation, cancellation or suspension of flight simulator qualification or flight training device qualification

60.055 Flight simulator or flight training device approvals

60.060 Quality system

60.065 Ongoing fidelity requirements

60.070 Modification of qualified flight simulator or qualified flight training devices

60.075 Change in qualification level of qualified flight simulator or qualified flight training device

60.080 Deactivation, relocation or reactivation of qualified flight simulator or qualified flight training device

60.085 Change of operator of qualified flight simulator or qualified flight training device

60.090 Evaluation teams

60.095 Records

Subpart 60.CBasic instrument flight trainers

60.005Applicability

This Part applies to synthetic training devices that may be used by a person to gain aeronautical experience.

60.010Definitions for Part 60

In this Part:

Manual of Standards means the document called ‘Manual of Standards (MOS) – Part 60’ published by CASA, as in force from time to time.

master QTG, for a synthetic training device, means the QTG approved for the device under this Part.

QTG (or qualification test guide), for a synthetic training device, means a document that:

1. (a)

   shows that:

   1. (i)

      the performance and handling qualities of the synthetic training device agree, within the limits set out in the Manual of Standards, with those of the aircraft to which it relates; and

   2. (ii)

      all applicable requirements in these Regulations have been met; and

2. (b)

   includes the following information that relates to the matters mentioned in paragraph (a):

   1. (i)

      data relating to the performance and handling qualities of the aircraft and synthetic training device;

   2. (ii)

      the validation tests, and all functions and subjective tests for the device.

user, of a flight simulator or flight training device, means the person who uses the simulator or device in a training, testing or checking program.

Subpart 60.BFlight simulators and flight training devices

60.015Definitions for Subpart 60.B

In this Subpart:

flight simulator qualification, for a flight simulator, means a qualification of the flight simulator under regulation 60.030.

flight simulator qualification certificate, means a certificate issued under regulation 60.035 for a qualified flight simulator.

flight training device qualification, for a flight training device, means a qualification of the flight training device under regulation 60.030.

flight training device qualification certificate, means a certificate issued under regulation 60.035 for a qualified flight training device.

operator, of a flight simulator or flight training device, means the person who is responsible for the maintenance and operation of the simulator or device.

qualification level, for a flight simulator or flight training device, has the meaning given by regulation 60.020.

60.020Qualification levels

1. (1)

   The qualification level of a flight simulator is the level mentioned in column 2 of an item in table 60.020-1 met by the simulator, determined in accordance with the standards in the Manual of Standards.

Table 60.020-1Flight simulator qualification levels

Item	Levels
1	Level A
2	Level B
3	Level C
4	Level D

1. (2)

   The qualification level of a flight training device is the level mentioned in column 2 of an item in table 60.020-2 met by the device, determined in accordance with the standards in the Manual of Standards.

Table 60.020-2Flight training device qualification levels

Item	Levels
1	FAA Level 4
2	FAA Level 5
3	FAA Level 6
4	FAA Level 7
5	JAA Level 1
6	JAA Level 2

60.025Application for flight simulator qualification or flight training device qualification

1. (1)

   The operator of a flight simulator or flight training device may apply to CASA, in writing, for qualification of the simulator or device.

2. (2)

   An application must include:

   1. (a)

      a QTG for the simulator or device; and

   2. (b)

      a document describing the quality system that the operator proposes to use to satisfy regulation 60.060.

Note For further guidance see Advisory Circulars 60-1, 60-3 and 60-4.

60.030Initial evaluation and qualification

1. (1)

   If CASA receives an application for the qualification of a flight simulator or flight training device, CASA must conduct an evaluation (an initial evaluation) of the simulator or device, including consideration of:

   1. (a)

      any inspection or trial of the simulator or device; and

   2. (b)

      the data provided in the QTG; and

   3. (c)

      information available from any test conducted during the initial evaluation.

Note CASA may arrange for an evaluation to be conducted by an evaluation team: see regulation 60.090.

1. (2)

   If, after the initial evaluation, CASA is satisfied that:

   1. (a)

      the operator’s quality system will be suitable for the simulator or device; and

   2. (b)

      the simulator or device meets a qualification level;

CASA must qualify the simulator or device at the qualification level.

1. (3)

   CASA may qualify a simulator or device that will simulate a new type of aircraft for which fully validated aircraft data is not available at an interim qualification level that is based on partially validated aircraft data.

2. (4)

   An interim qualification level applies for the period agreed between CASA and the operator of the simulator or device.

3. (5)

   If CASA qualifies a simulator or device, it must at the same time approve the QTG for the simulator or device.

60.035Issue of flight simulator qualification certificate or flight training device qualification certificate

1. (1)

   CASA must issue a flight simulator qualification certificate to the operator of a flight simulator, or a flight training device qualification certificate to the operator of a flight training device, if CASA qualifies the simulator or device.

2. (2)

   The certificate must include the name of the operator and:

   1. (a)

      include information identifying the simulator or device; and

   2. (b)

      specify the aircraft that is simulated by the simulator or device; and

   3. (c)

      specify the qualification level for the simulator or device.

60.040Period of validity of flight simulator qualification or flight training device qualification

1. (1)

   A flight simulator qualification or flight training device qualification is in force for:

   1. (a)

      12 months from the date of issue of the flight simulator qualification certificate or flight training device qualification certificate; or

   2. (b)

      if a shorter period is specified in the certificate — that period.

2. (2)

   However, a qualification ceases to be in force if:

   1. (a)

      it is cancelled by CASA under regulation 60.050; or

   2. (b)

      there is a change of operator of the simulator or device; or

   3. (c)

      the simulator or device is deactivated or relocated.

3. (3)

   A qualification is not in force for the period of any suspension imposed by CASA under regulation 60.050.

60.045Recurrent evaluation of qualified flight simulator or qualified flight training device

1. (1)

   The operator of a qualified flight simulator or qualified flight training device may, within 60 days before the expiry of the flight simulator qualification or flight training device qualification, ask CASA, in writing, to conduct an evaluation (a recurrent evaluation) of the simulator or device.

Note CASA may arrange for an evaluation to be conducted by an evaluation team: see regulation 60.090.

1. (2)

   Subject to subregulation (3), regulations 60.030 and 60.035 apply in respect of a recurrent evaluation in the same way as they apply to the initial evaluation.

2. (3)

   During a recurrent evaluation, a qualified flight simulator or qualified flight training device must be assessed against:

   1. (a)

      the qualification level at which the simulator or device was qualified at the initial qualification or accreditation of the simulator or device in Australia; or

   2. (b)

      if CASA has changed the qualification level since the initial evaluation — the qualification level as changed.

60.050Variation, cancellation or suspension of flight simulator qualification or flight training device qualification

1. (1)

   CASA may, by notice in writing to the operator of a qualified flight simulator or qualified flight training device, vary, cancel or suspend the qualification of the simulator or device if:

   1. (a)

      the simulator or device no longer meets the qualification level specified in its qualification certificate; or

   2. (b)

      the operator has failed to comply with a requirement of this Part in relation to the simulator or device.

2. (2)

   If an operator receives a notice of variation or cancellation under subregulation (1), the operator must return the qualification certificate to CASA within 14 days after receiving the notice.

3. (3)

   If CASA varies a qualification, CASA must reissue the qualification certificate specifying the qualification as varied.

60.055Flight simulator or flight training device approvals

1. (1)

   A person who proposes to be the user of a qualified flight simulator or qualified flight training device must apply to CASA, in writing, for approval to do so.

Note See Advisory Circulars 60-2 and 60-4.

1. (2)

   In considering whether to grant an approval, CASA must take into account:

   1. (a)

      the differences between the characteristics of the flight simulator or flight training device and the characteristics of a specific type (or a specific make, model and series) of aircraft, whether or not the user operates such an aircraft; and

   2. (b)

      the proposed user’s operating and training competencies.

2. (3)

   CASA may also take into account any other matter that affects the way the simulator or device operates or may be used.

3. (4)

   An approval:

   1. (a)

      must be in writing; and

   2. (b)

      may be issued subject to conditions that are set out in the approval.

4. (5)

   An approval takes effect on the date of issue and continues in force unless the applicable flight simulator qualification or flight training device qualification ceases to be in force.

5. (6)

   However, if CASA is satisfied that any matter that was taken into account under subregulation (2) or (3) has changed, CASA may, by notice in writing to the user, vary, suspend or cancel the approval.

60.060Quality system

1. (1)

   The operator of a qualified flight simulator or qualified flight training device must establish and maintain a quality system that ensures the correct operation and maintenance of the simulator or device.

2. (2)

   The quality system must cover at least the following matters:

   1. (a)

      quality policy;

   2. (b)

      management responsibility;

   3. (c)

      document control;

   4. (d)

      resource allocation;

   5. (e)

      quality procedures;

   6. (f)

      internal audit.

Note The quality system may be structured according to the size and complexity of the operator’s organisation, in accordance with the requirements set out in the following documents:

(a) AS/NZS ISO 9001:2000 Quality Management System Requirements;

(b) SQAP:2000 Simulator Quality Assurance Program Standard published by the FAA.

60.065Ongoing fidelity requirements

1. (1)

   The operator of a qualified flight simulator or qualified flight training device must, progressively during the 12 months after the issue of the applicable flight simulator qualification certificate or flight training device qualification certificate, perform:

   1. (a)

      all validation tests mentioned in the master QTG for the simulator or device; and

   2. (b)

      all functions and subjective tests within the current (and any planned) training program (or an equivalent sample approved by CASA).

2. (2)

   The operator must establish a configuration management system to ensure the continued integrity of the equipment and software of the simulator or device.

3. (3)

   The operator must maintain an on-going modification program to ensure that the equipment, software and performance of the simulator or device accurately simulates the aircraft specified in the certificate.

4. (4)

   The operator must notify each user of the simulator or device, before its use, if the simulator or device is unsuitable for any training, testing or checking sequence specified in the certificate.

60.070Modification of qualified flight simulator or qualified flight training devices

1. (1)

   The operator of a qualified flight simulator or qualified flight training device must notify CASA, in writing, if it proposes to modify the equipment or software of the simulator or device in a way that will change the characteristics of the simulator or device.

2. (2)

   If CASA receives a notice under subregulation (1), CASA may conduct an evaluation (a special evaluation) of the simulator or device as it is proposed to be modified.

3. (3)

   Subject to subregulations (4) and (5), regulations 60.030 and 60.035 apply in respect of a special evaluation in the same way as they apply to the initial evaluation.

4. (4)

   If CASA decides not to conduct a special evaluation:

   1. (a)

      the operator may make the proposed modification of the simulator or device; and

   2. (b)

      the flight simulator or flight training device qualification continues to be in force.

5. (5)

   During a special evaluation, a simulator or device must be assessed against:

   1. (a)

      the qualification level at which the simulator or device was qualified at the initial qualification or accreditation of the simulator or device in Australia; or

   2. (b)

      if CASA has changed the qualification level since the initial evaluation — the qualification level as changed.

Note CASA may arrange for an evaluation to be conducted by an evaluation team: see regulation 60.090.

1. (6)

   This regulation does not apply to the modification of a device for the purpose of a change in the qualification level of the simulator or device.

60.075Change in qualification level of qualified flight simulator or qualified flight training device

1. (1)

   The operator of a qualified flight simulator or qualified flight training device may ask CASA, in writing, to change the qualification level of the simulator or device.

Note For further guidance about qualification levels see the Manual of Standards.

1. (2)

   If CASA receives a request under subregulation (1), it must conduct a special evaluation of the simulator or device, applying the standards in the Manual of Standards.

Note CASA may arrange for an evaluation to be conducted by an evaluation team: see regulation 60.090.

1. (3)

   If CASA changes the qualification level, it must:

   1. (a)

      approve any resulting amendments to the master QTG of the simulator or device; and

   2. (b)

      issue a revised flight simulator qualification certificate or flight training device qualification certificate.

60.080Deactivation, relocation or reactivation of qualified flight simulator or qualified flight training device

1. (1)

   The operator of a qualified flight simulator or qualified flight training device must notify CASA, in writing, if the simulator or device is deactivated.

2. (2)

   An operator must notify CASA, in writing, before the operator reactivates or relocates a simulator or device, and CASA may then conduct a special evaluation of the simulator or device.

Note 1 A flight simulator qualification or flight training device qualification ceases to be in force if the simulator or device is deactivated or relocated: see paragraph 60.040 (2) (c).

Note 2 CASA may arrange for an evaluation to be conducted by an evaluation team: see regulation 60.090.

1. (3)

   During a special evaluation, a flight simulator or flight training device must be assessed against:

   1. (a)

      the qualification level at which the simulator or device was qualified at the initial qualification or accreditation of the simulator or device in Australia; or

   2. (b)

      if CASA has changed the qualification level since the initial evaluation — the qualification level as changed.

60.085Change of operator of qualified flight simulator or qualified flight training device

1. (1)

   The operator of a qualified flight simulator or qualified flight training device must notify CASA, in writing, of any proposed change of operator of the simulator or device.

2. (2)

   If there is a change of operator of a simulator or device:

   1. (a)

      the former operator must give to the new operator the records mentioned in regulation 60.095 that apply to the simulator or device; and

   2. (b)

      the new operator may apply to CASA, in writing, for qualification of the simulator or device.

3. (3)

   An application under paragraph (2) (b) must be accompanied by a plan of transfer setting out in detail how the new operator will comply with the requirements of this Subpart.

4. (4)

   If CASA is satisfied that the new operator is able to comply with the requirements of this Subpart, CASA must:

   1. (a)

      approve the plan; and

   (b) issue a new flight simulator qualification certificate or flight training device qualification certificate.

Note A flight simulator qualification or flight training device qualification ceases to be in force if there is a change of operator: see paragraph 60.040 (2) (b).

60.090Evaluation teams

CASA may:

1. (a)

   arrange for an evaluation mentioned in this Subpart to be conducted by an evaluation team; and

2. (b)

   appoint a person to be an evaluation team leader, having regard to the skills, qualifications and experience necessary to undertake the evaluation.

Note See Advisory Circulars 60-1 and 60-4.

60.095Records

1. (1)

   The operator of a qualified flight simulator or qualified flight training device must keep the following records relating to the simulator or device for at least 3 years after the simulator or device is decommissioned:

   1. (a)

      the master QTG;

   2. (b)

      modification records;

   3. (c)

      quality system records.

2. (2)

   The operator must also keep the results of each test carried out under subregulation 60.065 (1) for the simulator or device for at least 3 years after the test.

3. (3)

   If there is a change of operator of a simulator or device, the new operator must keep the records and test results relating to the simulator or device that were kept by the former operator.

Subpart 60.CBasic instrument flight trainers

Note This Subpart heading is reserved for future use.

[2]Part 148

omit

[3]Regulation 202.000

after

202.172 Exemption from requirements of airworthiness directive

insert

Subpart 202.CATransitional provisions for Part 60 (Synthetic training devices)

202.240 Definitions for this Subpart

202.241 Transitional accreditation — flight simulators

[4]Subpart 202.CA

substitute

Subpart 202.CATransitional provisions for Part 60 (Synthetic training devices)

202.240Definitions for this Subpart

In this Subpart:

accreditation, of a flight simulator, means accreditation of the flight simulator under Part 45 of the Civil Aviation Orders for the purpose of granting an approval of the flight simulator under the old regulations, and includes an accreditation certificate issued for that purpose.

flight simulator qualification has the meaning given by regulation 60.015.

old regulations means CAR as in force immediately before the commencement of this regulation.

transitional accreditation, of a flight simulator, means accreditation of the flight simulator that is continued in force after the commencement of this regulation by regulation 202.241 as if it were a flight simulator qualification.

202.241Transitional accreditation — flight simulators

1. (1)

   The accreditation of a flight simulator that was in force immediately before the commencement of this regulation at a level (the old level) specified in column 2 of an item in table 202.241 continues to be in force on and after that commencement, subject to subregulations (2), (3) and (4), as if it were a flight simulator qualification for the flight simulator at the level (the new level) specified in column 3 of that item.

2. (2)

   A transitional accreditation remains subject to any conditions to which it was subject immediately before the commencement of this regulation.

3. (3)

   A transitional accreditation continues in force until the sooner of the following:

   1. (a)

      the date of expiry of the accreditation;

   2. (b)

      12 months after the day on which this regulation commences.

4. (4)

   However, a transition accreditation ceases if:

   1. (a)

      it is cancelled; or

   2. (b)

      there is a change of operator of the simulator or device; or

   3. (c)

      the simulator or device is deactivated or relocated.

Table 202.241Accreditation and qualification levels

Item	Old level	New level
1	3	B
2	4	C
3	5	D

[5]Dictionary, Part 1

insert the following definitions in the appropriate alphabetic position (determined on a letter-by-letter basis)

flight simulator, for a specific type (or a specific make, model and series) of aircraft:

1. (a)

   means a simulator that simulates the aircraft in ground and flight operations and comprises:

   1. (i)

      a full size replica of the flight deck of the aircraft; and

   2. (ii)

      a visual system providing an out of the flight deck view; and

   3. (iii)

      a force cueing motion system; and

2. (b)

   includes the necessary software and equipment, and the way that the equipment is interconnected.

flight training device, for a specific type (or a specific make, model and series) of aircraft:

1. (a)

   means a device that:

   1. (i)

      simulates the aircraft in ground and flight operations to the extent of the systems installed in the device; and

   2. (ii)

      comprises a full size replica of the instruments, equipment, panels and controls in an open flight deck area, or an enclosed flight deck, of the aircraft; and

   3. (iii)

      does not, in every respect, simulate the aircraft in ground and flight operations; and

2. (b)

   includes the necessary software and equipment, and the way that the equipment is interconnected.

qualified flight simulator means a flight simulator that is qualified under Part 60 of CASR.

qualified flight training device means a flight training device that is qualified under Part 60 of CASR.

synthetic training device means:

1. (a)

   a flight simulator; or

2. (b)

   a flight training device; or

3. (c)

   a basic instrument flight trainer.

Notes

1. These Regulations amend (in Schedule 1) Statutory Rules 1988 No. 158, as amended by 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; Act No. 25, 1990; Statutory Rules 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487 (as amended by 1992 No. 174); 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268, 319 (new regulation 239 contained in regulation 16 was disallowed by the Senate on 23 March 1994) and 368; 1994 Nos. 93, 173, 187, 188, 260, 294, 382 and 396; 1995 Nos. 122, 147, 148 and 224; 1996 No. 88; 1997 Nos. 23, 67, 111, 139 and 220; 1998 Nos. 31, 32, 219, 234 (disallowed by the Senate on 8 March 1999), 235, 236 and 288; 1999 Nos. 166 (as amended by 1999 No. 262), 167, 210, 229, 262, 353 and 354; 2000 Nos. 8, 204 (items [1], [4] and [5] of Schedule 3 were disallowed by the Senate on 8 November 2000), 205, 227, 261, 294, 295, 296 and 362; Act No. 137, 2000; Statutory Rules 2001 Nos. 348 and 349 (as amended by 2002 No. 79); 2002 Nos. 167 (as amended by 2003 No. 58), 180, 221, 267, 319 and 350; 2003 Nos. 58, 75, 95, 189, 201 and 232.

These Regulations also amend (in Schedule 2) Statutory Rules 1998 No. 237, as amended by 1999 Nos. 166 (as amended by 1999 No. 262) and 262; 2000 Nos. 7, 204 (Item [7] of Schedule 2 was disallowed by the Senate on 8 November 2000) and 227; 2001 Nos. 34, 242 and 349 (as amended by 2002 No. 79); 2002 Nos. 167 (as amended by 2003 No. 58), 266, 268, 320, 321, 349 and 350; 2003 Nos. 58, 75, 189 and 232.

2. Notified in the Commonwealth of Australia Gazette on 18 September 2003.