CASA 171/15 - Prescription of aircraft and rating — Agusta Westland AW169

Overview

The Civil Aviation Safety Regulations 1998 were enacted to address the need for stringent safety standards in air navigation and aircraft operations. This legislative instrument, made under the authority of the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue regulations that ensure the safe navigation and operation of aircraft, including the prescription of aircraft types and pilot ratings. The regulations empower CASA to determine whether a single-pilot type rating is required for specific aircraft and to prescribe the type ratings that may be granted for single-pilot operations. The introduction of the Agusta Westland AW169 helicopter into the Australian civil register necessitated the creation of a legislative instrument to specify that a single-pilot type rating is required for this aircraft and that the AW169 type rating may be granted. This instrument is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. The process did not require consultation under the Legislative Instruments Act due to the nature of the change, and a Statement of Compatibility with Human Rights confirms that the instrument does not engage any applicable rights or freedoms.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 provide the legislative framework for ensuring the safety of air navigation and operations within Australia. Section 98 of the Act empowers the Governor-General to make regulations for this purpose, with specific authority under paragraph 98(5A)(a) allowing the Civil Aviation Safety Authority (CASA) to issue instruments concerning the safe navigation, operation, or maintenance of aircraft. This includes the authority to prescribe whether a single-pilot type rating is required for certain aircraft types, and to specify the type ratings that may be granted for single-pilot operations. The Agusta Westland AW169 helicopter, which is being introduced to the Australian civil register for the first time, falls under this regulatory purview. The new instrument prescribes that a single-pilot type rating is necessary for the operation of this aircraft type, and specifies the type rating that can be granted, aligning with existing regulations for multi-engine helicopters. This legislative instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, and while CASA does not deem consultation necessary for this specific addition, the instrument's compatibility with human rights has been affirmed in a Statement of Compatibility with Human Rights.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) empower the Civil Aviation Safety Authority (CASA) to prescribe the type of aircraft that require a single-pilot type rating and the type ratings that may be granted for single-pilot operation, under section 61.060(1)(a) and (b)(i). The recent legislative instrument prescribes that a single-pilot type rating is required for the Agusta Westland AW169 helicopter, and that the AW169 type rating may be granted. This is a legislative instrument under the Legislative Instruments Act 2003 (LIA) and is subject to tabling and disallowance in the Parliament. CASA has determined that no consultation under section 17 of the LIA is necessary or appropriate for this instrument, as it simply adds one aircraft type to the list of aircraft recognised in Australia for pilot type ratings. The instrument is compatible with human rights as it does not raise any human rights issues. The main obligations and requirements imposed by this instrument on the parties it governs are that CASA must prescribe the Agusta Westland AW169 helicopter as a type of aircraft for which a single-pilot type rating is required, and prescribe AW169 as the type rating that may be granted for single-pilot operations. The purpose of this instrument is to allow CASA to issue a single-pilot type rating on a pilot licence to allow pilots to operate this type of aircraft. This will enable pilots to operate the Agusta Westland AW169 helicopter in Australia. There are no specific offences, penalties, or civil/criminal consequences outlined in the instrument for breach. However, any breach of the Civil Aviation Safety Regulations 1998 (CASR 1998) may result in civil or criminal penalties, including fines and imprisonment. The maximum penalties for breach of the CASR 1998 depend on the specific offence and may include fines of up to $275,000 for individuals and $1.375 million for corporations, and imprisonment for up to five years. CASA is responsible for enforcing the CASR 1998 and may take enforcement action against any person or entity that breaches the regulations.