CASA 20/15 - Authorisation amendment — pilot maintenance on class B rotorcraft

Overview

The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation and the regulation of civil aviation in Australia. It provides the framework for the regulation of civil aviation, including the establishment of the Civil Aviation Safety Authority (CASA) and the creation of the Civil Aviation Regulations 1988, which govern the operation and maintenance of aircraft within Australia. The Act empowers CASA to issue instruments affecting the safe navigation and operation of aircraft, as outlined in subsection 98(5A) of the Act. The problem this legislation addresses is the need for a comprehensive regulatory framework that ensures the safety of air navigation and the maintenance of aircraft, particularly in relation to the qualifications and authorisations required for personnel performing maintenance tasks on different types of aircraft. The Civil Aviation Regulations 1988, amended by legislative instruments such as CASA 67/13, provide detailed rules on who may perform maintenance on Australian aircraft, including class B rotorcraft. The amendments introduced by CASA 67/13, and further amended by CASA 20/15, expand the scope of pilots who can perform certain inspections on class B rotorcraft, including piston engine helicopters like the R44. These amendments were made in consultation with industry and are considered minor or machinery in nature, beneficial to industry, and consistent with the Office of Best Practice Regulation's assessment that no further analysis was required. The legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Civil Aviation Regulations 1988, as amended by CASA instrument 67/13, apply to suitably trained pilots who are authorised to perform certain inspections to confirm the serviceability of Class B rotorcraft, which are non-commercial aircraft, within Australian territory. This authorisation allows pilots to undertake specific maintenance checks on these aircraft, subject to conditions including completion of relevant training by a licensed aircraft engineer and the requirement for an engineer to make any decision regarding unserviceability. The amended instrument expands the scope to include piston engine rotorcraft such as the R44 helicopter, aligning with industry requests and broadening the applicability of the authorisation. This instrument, being a legislative one under the Legislative Instruments Act 2003, is subject to tabling and disallowance in Parliament. The amendments have been deemed minor and beneficial, consistent with the Office of Best Practice Regulation’s previous assessment, and do not require further consultation or a Regulation Impact Statement. A Statement of Compatibility with Human Rights confirms that the instrument does not engage any applicable rights or freedoms, ensuring its compatibility with human rights. The instrument, made by a CASA delegate, commences on the day after its registration.

Key Provisions

The Civil Aviation Regulations 1988 have been amended by instrument CASA 20/15 to allow suitably trained pilots to carry out certain inspections to confirm the serviceability of Class B rotorcraft, specifically including piston engine rotorcraft such as R44 helicopters. The primary operative section that empowers this amendment is Section 98(1) of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation, including the issuance of instruments by the Civil Aviation Safety Authority (CASA). This amendment is detailed in Regulation 42ZC(6) of the Civil Aviation Regulations 1988, which now permits suitably trained pilots to carry out inspections, subject to certain conditions. These conditions include that any decision regarding unserviceability must be made by a person holding an aircraft engineer licence in subcategory B1.3 (turbine engine helicopters) or B1.4 (piston engine helicopters), and that the pilot must have completed relevant training given by such a licensed individual. The obligations imposed by this amendment on the parties involved are primarily focused on ensuring that any maintenance inspections on Class B rotorcraft are carried out by suitably trained pilots, but any determination of unserviceability must be made by a licensed aircraft engineer with the appropriate subcategory and rating. Furthermore, the instrument requires that pilots have completed relevant training from a licensed individual before they can carry out these inspections. These obligations are intended to maintain the safety and airworthiness of Class B rotorcraft while allowing trained pilots to perform specific inspections under the supervision and oversight of licensed engineers. There are no specific offences, penalties, or civil/criminal consequences outlined in the instrument for breach of the amended conditions. However, failure to comply with the conditions set forth in instrument CASA 67/13, as amended, could lead to broader regulatory actions by CASA, potentially including revocation of authorisations or other enforcement measures. The safety and airworthiness of aircraft are paramount, and any non-compliance could result in significant safety risks, leading to regulatory scrutiny and potential enforcement actions by CASA.