Civil Aviation Regulations (Amendment) (Cth)
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, hereby make the following Regulations under
the
Dated 26 June 1990.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
BOB COLLINS
Minister of State for Shipping and Aviation Support
————
“‘
relevant medical standard’ , in relation to a class of licence, means the medical standard set out in the Schedule as the standard to be met by a person who applies for, or holds, a licence included in that class;”.
“55. In this Part, unless the
contrary intention appears, ‘
“55a. (1) A person must not perform any duties essential to the operation of an Australian aircraft during flight time, unless the person holds:
(a) a licence that is:
(i) appropriate under this Part; and
(ii) endorsed with the rating (if any) that is appropriate under this Part; and
(iii) endorsed with the appropriate grade, if the rating is graded under subregulation 56 (4);
for a person performing those duties; and
(b) a valid medical certificate granted under regulation 72c or 72d to that person.
“(2) Subregulation (1) does not apply to a student pilot who performs an essential duty in the course of receiving instruction.
“55b. (1) The Authority may grant and endorse licences.
“(2) The Authority may, for the purpose of ensuring the safety of air navigation, grant or endorse a licence subject to any condition set out:
(a) in an endorsement on the licence; or
(b) in Civil Aviation Orders in accordance with regulation 303.
“(3) Nothing in this Part limits the effect of a condition to which a licence is subject under subregulation (2).”.
(
a ) by omitting from subparagraph (1) (a) (i) all the words after “instruction”;(
b ) by omitting subparagraph (1) (a) (iv) and substituting the following subparagraph:“(iv) senior commercial pilot licence, being a licence authorising the holder to act as pilot in command of an aircraft having a maximum take-off weight of more than 5,700 kilograms engaged in charter operations;”;
(c) by adding at the end the following subregulation:
“(4) A rating may be graded in accordance with directions issued by the Authority.”.
(
a ) by omitting from paragraph (10) (a) “for a period not exceeding 3 hours” and substituting “used for flying training”;(
b ) by omitting paragraphs (10) (b), (c) and (d) and substituting the following word and paragraphs:“or (b) fly, for the purpose of increasing his or her skill, as pilot in command, an aerial work aircraft used for flying training, if the person has been granted a student pilot licence; or
(c) fly, if the person has been granted a private pilot licence:
(i) a private aircraft; or
(ii) for the purpose of increasing his or her skill, an aerial work aircraft used for flying training.”; ‘
(
c ) by omitting subregulation (11) and substituting the following subregulation:“(11) The holder of a student pilot licence is not authorised to fly an aircraft:
(a) outside Australian territory, unless the holder has obtained permission from the Authority for the flight; or
(b) for the purpose of the holder receiving practical flight instruction, unless:
(i) he or she is accompanied by, or under the supervision of, a licensed pilot who holds a flight instructor rating; and
(ii) the aircraft is not carrying anyone else other than the licensed pilot.”;
(
d ) by omitting from paragraph (12) (b) “aerial work operations; or” and substituting:“aerial work operations:
(i) except with the written permission of the Authority; and
(ii) subject to such written terms and conditions (if any) as are determined by the Authority; or”.
“58. Subject to regulation 73, a licence remains in force until it is suspended or cancelled.”.
(
a ) by omitting paragraph (1)(b) and substituting the following paragraph:
“(b) the licence ceases to be in force;”;
(
(
a ) by omitting from paragraph (2) (b) “conducting” and substituting “carrying out”;(
b ) by omitting from paragraph (2) (c) “medical standards referred to in paragraph (e)” and substituting “relevant medical standard”;(
c ) by omitting from paragraph (2)(d) “the Authority” and substituting “an authorised person”;(
d ) by omitting paragraph (2)(e) and substituting the following paragraph:“(e) the applicant is granted a medical certificate under regulation 72d.”;
(
e ) by omitting subregulations (3) and (4);(
f ) by omitting from subregulation (5) “conducted” and substituting “carried out”.
“63. (1) Where a person is not eligible under regulation 62 for the grant of a licence only because the person has failed to meet the relevant medical standard, the person may, within 21 days after the day on which he or she is notified of the failure, apply to the Authority for the grant of that licence under this regulation.
“(2) An application must:
(a) be in writing; and
(b) set out the reasons why, in the opinion of the applicant, the grant of the licence would not be likely to affect the safety of air navigation.
“(3) The Authority may grant a licence to an applicant.
“(4) A licence may be granted subject to any condition that the Authority considers necessary in the interests of the safety of air navigation, having regard to:
(a) the medical condition of the applicant; and
(b) his or her experience and ability.
“(5) If the Authority grants a licence under this regulation subject to any condition, it must endorse the condition on the medical certificate granted to the applicant under regulation 72d.
“(6) Where the Authority refuses to grant a licence under subregulation (3), the Authority must notify the applicant in writing of the refusal and give the applicant written reasons for the decision.
“(7) Nothing in this regulation affects the operation of subregulation 55b (2).”.
(a) by omitting from subregulation (2) “a qualified medical practitioner” and substituting “an approved qualified medical practitioner”;
(b) by omitting subregulation (3).
“68. An applicant for the renewal of a rating must:
(a) give to the Authority the licence on which the rating is endorsed together with an application in the approved form for its renewal; and
(b) give any information that the Authority requires with regard to the applicant’s recent experience in the capacity in which he or she seeks renewal of the rating; and
(c) pass the examinations applicable to the rating that the Authority specifies in Civil Aviation Orders.”.
“72a. (1) A person who has been granted a licence must have an examination by an approved medical practitioner for the purpose of determining whether he or she is to be granted a medical certificate under regulation 72d:
(a) if he or she is the holder of a commercial pilot licence or a licence of a higher category, an engineer licence or a navigator licence—every 12 months; or
(b) if he or she is the holder of a radio operator licence, a private pilot licence or a student pilot licence—every 24 months.
“(2) A person who has an examination under subregulation (1) must:
(a) answer all questions put to him or her by the approved medical practitioner that are necessary for determining whether he or she meets the relevant medical standard; and
(b) authorise the disclosure to an authorised person of information concerning the person that is:
(i) within the knowledge of a medical practitioner;
(ii) within the knowledge of any other person who has carried out on the person an examination of a kind that the person could be required to undergo as a periodic examination; or
(iii) that is held by a hospital or another medical organisation;
being information that may help in determining whether the person continues to meet the relevant medical standard.
“(3) The Authority may, for medical reasons, require a person to have examinations at shorter intervals than would otherwise be applicable under subregulation (1).
“(4) A person may have an examination under subregulation (1) at any time before the end of the period within which that examination must be carried out.
“(5) Where a person is examined under subregulation (1), the period within which he or she must have the next examination commences immediately after the day on which the previous examination was carried out.
“(6)
In this regulation,
“72b. (1) An examination of a person under regulation 72 or 72a may be deferred by the Authority once for a period not exceeding 3 months, if the person is a member of the operating crew of an aircraft operating in circumstances which render it impracticable for the person to submit to the examination.
“(2) Where an examination is deferred, the Authority may extend the period of validity of a medical certificate by endorsement in writing for a period that does not exceed the period of deferment by more than 1 month.
“72c. (1) If a person who has an examination under regulation 72 or 72a fails to meet the relevant medical standard, he or she may, within 21 days after the day on which he or she receives written reasons for that failure, apply to the Authority in writing for the grant of a medical certificate.
“(2) An application must:
(a) be in writing; and
(b) set out the reasons why, in the opinion of the applicant, the grant of the certificate would not be likely to affect the safety of air navigation.
“(3) The Authority may grant a medical certificate to an applicant.
“(4) A medical certificate may be granted subject to any condition that the Authority considers necessary in the interests of the safety of air navigation, having regard to:
(a) the medical condition of the applicant; and
(b) his or her experience and ability.
“(5) If the Authority grants a medical certificate subject to a condition, other than a condition set out in Part 5 of the Schedule, it must endorse the condition on the certificate.
“(6) If the Authority refuses to grant a medical certificate under subregulation (3), the Authority must notify the applicant in writing of the refusal and give the applicant written reasons for the refusal.
“72d. (1) The Authority must grant a medical certificate in a form approved by the Authority to a person who, on having an examination under regulation 62 or 72a:
(a) is found to meet the relevant medical standard; or
(b) is granted a licence under regulation 63.
“(2) The Authority may grant a medical certificate to a person who has been found not to meet the relevant medical standard after having an examination under regulation 62, 72 or 72a, if the Authority is satisfied that it may do so without endangering the safety of air navigation.
“(3) A medical certificate may be granted under subregulation (2) subject to any condition that the Authority considers necessary in the interests of the safety of air navigation.
“(4) If the Authority grants a medical certificate subject to a condition, other than a condition set out in Part 5 of the Schedule, it must endorse the condition on the certificate.
“(5) If, after having an examination under regulation 72 or 72a, a person is found not to meet the relevant medical standard, the Authority must, subject to subregulation (2), cancel his or her certificate in relation to any licence held by the person to which that standard applies.
“(6) If, after having an examination under regulation 62, 72 or 72a, a person is found not to meet the relevant medical standard, the
Authority must notify the person in writing of the failure and give the person written reasons for the failure.
“(7) If the Authority cancels a certificate under subregulation (5) in relation to any licence, it must notify the person holding the licence of the cancellation and give the person written reasons for the cancellation.
“72e. (1) A medical certificate is valid for the period set out in the certificate.
“(2) A period set out in a medical certificate must not exceed whichever period set out in paragraph 72a (1) (a) or (b) is applicable to the holder of the certificate.
“(3) The Authority may extend the period of validity of a medical certificate by not more than 1 month by endorsement on the certificate, if the holder of the certificate has been examined in accordance with regulation 72a but the results of the examination have not been evaluated.
“72F. (1) The Authority may, by written notice served on the holder of a medical certificate, cancel the certificate or suspend it for a specified period, if the holder:
(a) does not comply with a condition to which the grant of the certificate is subject; or
(b) fails to satisfy, or to continue to satisfy, any requirement prescribed by, or specified under, these Regulations in relation to the obtaining or holding of such a certificate other than meeting the relevant medical standard.
“(2) A notice under subregulation (1) must set out the grounds for the suspension or cancellation.
“(3) Before suspending or cancelling a certificate, the Authority must:
(a) give written notice to the holder of the certificate of the facts and circumstances that, in the opinion of the Authority, warrant consideration being given to the suspension or cancellation of the certificate; and
(b) allow the holder of the certificate to show cause (within the time the Authority specifies in that notice, being not less than 14 days) why the certificate should not be suspended or cancelled.”.
“(b) the class and category of any licence granted to the member under Part V;”.
(
a ) by omitting from paragraph (1)(b) “standards notified by the Authority in Civil Aviation Orders” and substituting “standard”;
(b) by omitting from subregulation (2) “standards notified by the Authority in Civil Aviation Orders if and substituting “standard if;
(c) by omitting from subparagraph (2)(b)(iii) “standards” and substituting “standard”;
(d) by inserting after subregulation (2) the following subregulation:“(2a) The Authority may determine that a person who has been found not to meet the relevant medical standard is eligible for the grant of a licence if the Authority, having had regard to the reasons for that failure, is satisfied that it may grant that licence without endangering the safety of air navigation.”.
(a) by omitting from paragraph (1) (b) “standards notified by the Authority in Civil Aviation Orders” and substituting “standard”;
(b) by omitting from subregulation (2) “standards notified by the Authority in Civil Aviation Orders if and substituting “standard if;
(c) by omitting from subparagraph (2)(b)(iii) “standards” and substituting “standard”;
(d) by inserting after subregulation (2) the following subregulation:“(2a) The Authority may determine that a person who has been found not to meet the relevant medical standard is eligible for the grant of a licence if the Authority, having had regard to the reasons for that failure, is satisfied that it may grant that licence without endangering the safety of air navigation.”.
“(aa) who is a student pilot assigned for instruction in the aircraft; or”.
(a) by inserting after “72,” in paragraph (1) (a) “72a,”;
(b) by inserting after “72,” in paragraph (1) (b) “72a,”.
(a) a medical certificate is granted to him or her under regulation 72c or 72d, as the case may be; or
(b) the Authority refuses to grant the certificate.
—————
The following provisions are amended by omitting all words from and including “standards” and substituting “standard”:
Paragraph 62 (2) (d), subregulation 62(5), paragraph 72 (1) (c), subregulation 72 (2), paragraph 104 (2) (c), subregulation 104 (3), paragraph 107 (1) (c) subregulation 107 (2), paragraph 114 (2) (c), subregulation 114 (3), paragraph 117 (1) (c), subregulation 117 (2), paragraph 265 (1) (b).
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SCHEDULE Subregulation 2 (1)
(relevant medical
standard)
MEDICAL STANDARDS
PART 1
GENERAL MEDICAL REQUIREMENTS
The following are the general medical requirements referred to in Parts 2, 3, 4 and 5
(a) any congenital or acquired abnormality; and
(b) any disability or disease that is active or latent; and
(c) any wound, injury or sequelae resulting from an operation or an accident;
that entails a degree of functional incapacity, or a risk of incapacitation, which is likely to interfere with the safe exercise of privileges, or performance of duties, under the licence that the person holds or has applied for, as the case may be.
(a) a psychosis; or
(b) alcoholism; or
(c) drug dependence or the use of illicit drugs; or
(d) any personality disorder of a significant degree; or
(e) a mental abnormality or neurosis of a significant degree;
that is likely to interfere with the safe exercise of privileges, or performance
of duties, under the licence that the person holds or has applied for, as the case may be.
3. A person must have no established medical history or clinical diagnosis of:
(a) a progressive or non-progressive disease of the nervous system, the effects of which are likely to interfere with the safe exercise of privileges, or performance of duties, under the licence that the person holds or has applied for, as the case may be; or
(b) epilepsy; or
(c) any disturbance of consciousness for which there is no satisfactory medical explanation and which may recur.
4. A person must not suffer from the effects of a head injury or neurosurgical procedures that are likely to interfere with the safe exercise of privileges, or performance of duties, under the licence that the person holds or has applied for, as the case may be.
5. A person must not possess any congenital or acquired abnormality of the heart that is likely to interfere with the safe exercise of privileges, or performance of duties, under the licence that the person holds or has applied for, as the case may be.
6. The systolic and diastolic blood pressures of a person must be within normal limits but drugs approved by the Director of Aviation Medicine may be used to maintain the blood pressure within normal limits.
7. A person must have no significant functional or structural abnormality of the circulatory tree.
8. A person must not suffer from any congenital or acquired condition of the respiratory system that is likely to interfere with the safe exercise of privileges, or performance of duties, under the licence that the person holds or has applied for, as the case may be.
9. A person must have full and free respiratory function without the use of drugs which act on the respiratory organs.
10. A person must not suffer from:
(a) any defect (congenital or acquired); or
(b) the effects of a trauma or an operation; or
(c) any disease process;
of the digestive system (including its adnexae) that is, or are, likely to interfere with the safe exercise of privileges, or performance of duties, under the licence that the person holds or has applied for, as the case may be.
11. A person must be free of all metabolic, nutritional or endocrine disorders that are likely to interfere with the safe exercise of privileges, or performance of duties, under the licence that the person holds or has applied for, as the case may be.
12. A person who suffers from diabetes mellitus may be assessed as meeting the medical standard if the approved person conducting the relevant examination
is satisfied that the diabetes is satisfactorily controlled without the use of any anti-diabetic drug.
13. A person must not suffer from an enlargement of the spleen that causes a significant displacement below the costal margin.
14. A person must not surfer from any:
(a) localised or generalised enlargement of the lymphatic glands; or
(b) diseases of the blood; or
(c) immune deficiency disorders;
that is, or are, likely to interfere with the safe exercise of privileges, or performance of duties, under the licence that the person holds or has applied for, as the case may be.
15. A person must not display any signs or symptoms of disease of the genitourinary system that is likely to cause incapacitation during flight.
16. A person must not have any sequelae of disease or surgical procedures on the kidneys or the urinary tract that are likely to cause incapacitation during flight.
17. The kidneys and urinary tract must be free of all significant obstructions due to stricture or compression.
18. A person must be free of severe menstrual disturbances that have not responded to medical treatment and that are likely to interfere with the safe exercise of privileges, or performance of duties, under the licence that the person holds or has applied for, as the case may be.
19. A person who is pregnant may be assessed as meeting the medical standard if the approved person conducting the relevant examination is satisfied that the pregnancy is not likely to interfere with the safe exercise of privileges, or performance of duties, under the licence that the person holds or has applied for, as the case may be.
20. An assessment under paragraph 19 is valid only for the period that the Director of Aviation Medicine specifies in writing.
21. A person must be free of any active disease of the bones, joints, muscles or tendons that is likely to interfere with the safe exercise of privileges, or performance of duties, under the licence that the person holds or has applied for, as the case may be.
22. A person must be free of all serious functional sequelae (whether congenital or acquired) of the bones, joints, muscles or tendons that are likely to interfere with the safe exercise of privileges, or performance of duties, under the licence that the person holds or has applied for, as the case may be.
23. A person must be free of:
(a) all active pathological processes of the internal ear or of the middle ear; and
(b) all permanent obstructions of the Eustachian tubes; and
(c) all permanent disturbances of the vestibular apparatus.
24. A person must not have any serious malformation, or any serious condition of:
(a) the buccal cavity; or
(b) the upper respiratory tract;
that is likely to interfere with the safe exercise of privileges, or performance of duties, under the licence that the person holds or has applied for, as the case may be.
25. A person must be free of any hearing defect that is likely to interfere with the safe exercise of privileges, or performance of duties, under the licence that the person holds or has applied for, as the case may be.
26. A person must not, when in a quiet room, have a hearing loss in either ear of more than:
(a) 35dB at any of the frequencies of 500 Hz, 1,000Hz or 2,000Hz; or
(b) 50dB at 3,000Hz;
unless the person passes a speech test, or an operational check, by an approved person carrying out the examination in an aircraft of similar ambient noise level to that in which the person is or will be operationally involved.
27. A person’s eyes and their adnexae must function normally.
28. A person’s eyes must be free of all congenital or acquired conditions that are likely to interfere with the safe exercise of privileges, or performance of duties, under the licence that the person holds or has applied for, as the case may be.
29. A person must have normal fields of vision.
30. A person must have a distant visual acuity of 6/9 or better in each eye separately and 6/6 or better binocular (whether with or without correcting lenses).
31. A person must be able (whether with or without correcting lenses) to read an N5 chart (or its equivalent) at a distance selected by the person (being a distance in the range of 30 to 50 centimetres) and be able to read an N14 chart at a distance of 1 metre.
32. A person must have a near point of accommodation no further than 30 centimetres with or without correcting lenses.
33. A person who uses contact lenses to meet the visual standards set out in paragraphs 27 to 32 (both inclusive):
(a) must be able to wear those lenses for twice the projected length of flight time or duty time for the person without deterioration in visual acuity or discomfort; and
(b) if the lenses used are of the hard or gas permeable variety—must be demonstrated able to read at least 6/9 with a pair of spectacles binocularly immediately after removal of the lenses.
34. A person must be able to demonstrate the ability to distinguish readily those colours the perception of which is necessary for the safe exercise of privileges, or performance of duties, under the licence to which the medical standard applies.
35. A person who readily identifies a series of pseudoisochromatic plates of the Ishihara 24 plate type in daylight or in artificial light of similar luminosity will satisfy the requirements of paragraph 34.
36. A person must not make more than 2 errors for the purposes of paragraph 35.
37. A person who makes more than 2 errors for the purposes of paragraph 35 must be able to readily identify aviation coloured lights displayed by means of a Farnsworth colour perception lantern.
38. For the purposes of paragraph 37 a person must not make more than 2 errors on a sequence of 2 runs of 9 pairs of lights on the Farnsworth lantern.
39. A person who fails the Farnsworth lantern test may be assessed as meeting the medical standard if all relevant coloured lights are correctly identified in a simulated operational situation test of a kind determined by the Director of Aviation Medicine.
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PART 2
MEDICAL STANDARD NO. 1
1. Any person who applies for, or holds:
(a) a first class airline transport licence (aeroplane and helicopter); or
(b) a second class airline transport licence (aeroplane and helicopter); or
(c) a senior commercial pilot licence (aeroplane and helicopter); or
(d) a commercial pilot licence (aeroplane and helicopter); or
(e) a flight navigator licence; or
(f) a flight engineer licence;
is required to meet medical standard no. 1.
2. Medical standard no. 1 consists of all the general medical requirements set out in Part 1.
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PART 3
MEDICAL STANDARD NO. 2
1. Any person who applies for, or holds:
(a) a private pilot licence; or
(b) a student pilot licence; or
(c) a commercial pilot licence (balloons); or
(d) a flight radiotelephone operator licence;
is required to meet medical standard no. 2.
2. Medical standard no. 2 consists of the general medical requirements set out in Part 1, subject to the following modifications:
(a) omit paragraph 9;
(b) omit paragraph 12, substitute the following paragraph:
“12. A person who suffers from diabetes mellitus may be assessed as meeting medical standard no. 2, if:
(a) the approved person conducting the relevant examination is satisfied that the condition is satisfactorily controlled without the use of any anti-diabetic drug; or
(b) where an oral anti-diabetic drug is used to control the condition:
(i) the person provides evidence that he or she is undertaking on-going supervision and control of the condition; and
(ii) the oral drug is approved by the Director of Aviation Medicine.”;
(c) omit paragraph 26, substitute the following paragraphs:
“26. A person must (whether with or without a hearing aid) be able to hear with both ears an average conversational voice in a quiet room while at a distance of 2 metres from the approved person conducting the examination and while looking away from the examiner so that lip reading cannot be used.
“26.1 If a person fails to meet the standard in paragraph 26, the person must pass an operational check by the approved person conducting the examination in an aircraft of similar ambient noise level to that in which the person is operationally involved.”;
(d) omit from paragraph 30 the words “visual acuity of 6/9 or better in each eye separately and 6/6 or better binocular” and substitute the words “visual acuity of 6/12 or better in each eye separately and 6/9 or better binocular”.
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PART 4
MEDICAL STANDARD NO. 3
1. Any person who applies for, or holds:
(a) an air traffic controller licence; or
(b) a flight service officer licence;
is required to meet medical standard no. 3.
2. Medical standard no. 3 consists of the general medical requirements set out in Part 1, subject to the following modifications:
(a) omit paragraph 9;
(b) omit paragraph 12, substitute the following paragraph:
“12. A relevant person who suffers from diabetes mellitus may be assessed as meeting medical standard no. 3, if:
(a) the approved person conducting the relevant examination is satisfied that the condition is satisfactorily controlled without the use of any anti-diabetic drug; or
(b) where an oral anti-diabetic drug is used to control the condition:
(i) the person provides evidence that he or she is undertaking ongoing supervision and control of the condition; and
(ii) the oral drug is approved by the Director of Aviation Medicine.”;
(c) omit paragraph 13;
(d) omit “during flight” from paragraphs 15 and 16, substitute “while the person is on duty”;
(e) omit subparagraph 23 (b);
(f) omit all the words after “examination” from paragraph 26.
————
PART 5
CONDITIONS APPLICABLE TO CERTAIN MEDICAL CERTIFICATES
1. If a medical certificate is granted to a person who needs correcting lenses to satisfy the requirements of paragraph 31 of the general medical requirements, the person must use those correcting lenses while exercising privileges, or performing duties, under the licence to which the relevant medical standard applies.
2. In the case of a person who is required to meet medical standard no. 1 or 2, the correcting lenses may be incorporated into 1 spectacle frame or be a combination of contact lenses and lenses incorporated into 1 spectacle frame.
3. In the case of a person who is required to meet medical standard no. 1 or 2, a spare pair of lenses for each pair of correcting lenses required must be within reach of the person while the person is exercising privileges under the licence to which the relevant medical standard applies.
1. Notified in the
Commonwealth of Australia Gazette on 4 July 1990.2. Statutory Rules 1988 No. 158 as amended by 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276.
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