Civil Aviation Regulations (Amendment) (Cth)

Statutory Rules 1997

No. 139 1

__________________

Civil Aviation Regulations 2(Amendment)

I, The 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 16 June 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

john sharp

Minister for Transport and Regional Development

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1.   Amendment

1.1   The Civil Aviation Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 2 (Interpretation)

2.1   Insert the following definitions:

“‘restricted flight engineer’ means the holder of a restricted flight engineer licence;

‘restricted flight engineer proficiency check’ means a check:

• (a)

  designed to test the competency of a restricted flight engineer; and

• (b)

  approved for the purposes of regulation 217;”.

[NOTE:   The Notes to regulation 5.02 should be altered by adding at the end of Note 1:

 “; (q) in the case of a restricted flight engineer licence—in Division 16A.”.

3.   Regulation 5.08 (Flight crew licence: application)

3.1   After paragraph 5.08 (o), add at the end:

 “; (p) a restricted flight engineer licence.”.

4.   New Division 16A in Part 5

4.1   After Division 16 in Part 5, insert:

“Division 16A—Restricted Flight Engineer Licence

[NOTES:

1. The following terms used in this Division are defined in regulation 2:

check flight engineer	restricted flight engineer proficiency check
operator	synthetic flight trainer
restricted flight engineer	training flight engineer

2. The following term used in this Division is defined in regulation 5.01:

type type endorsement.]

What are the qualifications for a restricted flight engineer licence?

 “5.195A.(1) For the purposes of subregulation 5.09 (1), a person is qualified to hold a restricted flight engineer licence only if the person:

• (a)

  holds a commercial pilot (aeroplane) licence or an air transport pilot (aeroplane) licence; and

• (b)

  is employed by, or works under an arrangement with, an operator whose training and checking organisation has been approved under regulation 217; and

• (c)

  has received training in the duties of a restricted flight engineer in accordance with an approved syllabus of training; and

• (d)

  has satisfactorily completed a restricted flight engineer proficiency check.

 “(2) For the purposes of paragraph (1) (d), a person is not taken to have satisfactorily completed a restricted flight engineer proficiency check unless the operator has given CASA written notice that the person has done so.

What does a restricted flight engineer licence authorise the holder to do?

 “5.195B.(1) A restricted flight engineer licence authorises the holder of the licence to perform the duties of a flight engineer in an aircraft while the aircraft is in the cruise phase of a flight.

 “(2) The authority given by subregulation (1) is subject to the limitations set out in regulations 5.195C, 5.195D and 5.195E.

 “(3) In this regulation:

‘air traffic control organisation’ means:

• (a)

  in relation to Australia—Air Traffic Control; and

• (b)

  in relation to a country other than Australia—the organisation in that country that has responsibility for air traffic control;

‘cruise phase of flight’ means the part of an aircraft’s flight:

• (a)

  that starts when the aircraft reaches its first planned cruise level, or that level as amended by an air traffic control organisation; and

• (b)

  that ends when the aircraft reaches the point at which the aircraft first starts its descent for the purpose of landing;

and includes flight level changes made during that part of the flight;

‘first planned cruise level’, in relation to an aircraft’s flight, means the first cruising level stated in the aircraft’s flight plan as submitted to the relevant air traffic control organisation before the flight.

What kind of aircraft may a restricted flight engineer operate?

 “5.195C. The holder of a restricted flight engineer licence must not perform the duties authorised by the licence in an aircraft unless he or she also holds an aircraft endorsement for the aircraft authorising the holder to fly the aircraft for purposes authorised under his or her commercial pilot (aeroplane) licence or air transport pilot (aeroplane) licence, as the case may be.

[NOTE: See subsection 20AB (1) of the Civil Aviation Act 1988 for offences relating to flying and performing other duties that are essential to the operation of an aircraft during flight time without a licence, certificate, rating or endorsement.]

Restricted flight engineer to undertake regular proficiency checks

 “5.195D. The holder of a restricted flight engineer licence must not perform the duties authorised by the licence in an aircraft during flight time unless he or she has, within the period of 8 calendar months immediately before the day of the proposed flight, satisfactorily completed a restricted flight engineer proficiency check for the type of aircraft in which he or she proposes to perform the duties.

Penalty: 50 penalty units.

Restricted flight engineer: recent experience requirements

 “5.195E.(1) The holder of a restricted flight engineer licence must not perform the duties authorised by the licence in a type of aircraft unless he or she has, within the period of 70 days immediately before the day of the proposed flight:

• (a)

  performed the duties of a flight engineer during flight in an aircraft of that type; or

• (b)

  under the supervision of a check flight engineer, or of a training flight engineer, or of a synthetic flight trainer instructor, satisfactorily completed at least 2 hours in a synthetic flight trainer approved for the purposes of subregulation 5.193 (3).

Penalty:     25 penalty units.

 “(2)Subregulation (1) does not apply to the holder of a restricted flight engineer licence who is undertaking a restricted flight engineer proficiency check under regulation 5.195D.

 “(3) In this regulation:

‘synthetic flight trainer instructor’ has the same meaning as in regulation 5.192.

When may an unlicensed person perform the duties of a restricted flight engineer?

 “5.195F. A person who:

• (a)

  meets the requirements of paragraphs 5.195A (1) (a) and (b); and

• (b)

  does not hold a restricted flight engineer licence;

may perform the duties of a restricted flight engineer if:

• (c)

  the person is undertaking a restricted flight engineer proficiency check; or

• (d)

  the person:

  • (i)

    is accompanied by a check flight engineer or by a training flight engineer; and

  • (ii)

    is undertaking training as a restricted flight engineer.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 23 June 1997.

2. 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 (amended by 1992 No. 174); 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268, 319 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 and 111.