Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Safety Regulations 1998
Conditions on authorisations under regulation 11.068 — flight crew licences and aircraft endorsements
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation. Under subsection 98 (4A) of the Act, CASA may issue Civil Aviation Orders (the CAOs) not inconsistent with the Act or regulations made under the Act.
Under subsection 98 (5A) of the Act, the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of an aircraft.
Civil Aviation Order (CAO) 40.0 contained conditions on flight crew licences. CAO 40.1.0 contained conditions on aircraft endorsements – aeroplanes. These CAOs have been repealed due to the commencement of Part 61 of the Civil Aviation Safety Regulations 1998 (CASR 1998) which contains new provisions relating to flight crew licences, ratings and endorsements.
Regulation 11.068 allows CASA, for subsection 98 (5A) of the Act, to issue a legislative instrument that imposes a condition relating to a matter mentioned in that subsection on a specified class of authorisations.
Authorisations include flight crew licences, ratings and endorsements. This instrument reissues certain paragraphs and subsections in CAO 40.0 and 40.1.0 which are still required in the interests of aviation safety, including relevant conditions.
Paragraph 2.7 of CAO 40.0 contained requirements for the practising of instrument flying in an aeroplane while the aeroplane is flying under the V.F.R. (visual flight rules). Section 3 of the instrument contains, as conditions on pilot licences, requirements, which are substantially the same as paragraph 2.7.
Subsection 4 of CAO 40.0 regulated participation in land and hold short operations (LAHSO) as defined. Section 4 of the instrument contains, as conditions on pilot licences, requirements which are substantially unaltered from subsection 4. Appendixes 1 and 2 of CAO 40.0, which related to LAHSO, have been included in the directions. They are substantially unaltered.
Section 5 of the instrument contains a condition applicable to the holder of an MU-2 aircraft type rating. Under this condition, the holder of an MU-2 single pilot multi-engine aeroplane type rating must not exercise the privileges of the rating as pilot in command unless he or she has carried out certain training. These training requirements are substantially the same as the conditions on Mitsubishi MU-2B endorsements that were contained in subsection 8B of CAO 40.1.0. They have to be met by Mitsubishi MU-2B pilots to allow them to deal with unsafe conditions that may arise due to icing occurring on those aeroplanes.
Section 6 of the instrument states, as a condition on an instructor rating, that the holder of an instructor rating with a training endorsement may only conduct training for a flight activity endorsement if he or she has demonstrated competency in doing so to a person authorised to conduct a flight test for the relevant training endorsement.
This section is a new requirement that has been included in the instrument.
Legislative Instruments Act
For subsection 98 (5A) of the Act, CASA may issue an instrument relating to the safe navigation, operation and maintenance of aircraft. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft.
The instrument applies to classes of persons, being pilots in command and flight instructors. The instrument is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
CASA did not undertake consultation in relation to those provisions taken from CAOs 40.0 and 40.1.0, because they have been in force for considerable periods of time and are accepted as necessary by the aviation industry. In addition, section 6 simply retains a current requirement under Part 5 of the Civil Aviation Regulations 1988.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required as the instrument replaces provisions in CAOs 40.0 and 40.1.0 which will be repealed on 1 September 2014. The repeal is consequential on the making of the Civil Aviation Legislation Amendment Regulation 2013 (No. 1). The relevant RIS for that Regulation was prepared and assessed as adequate by OBPR (OBPR ID: 2777).
Making and commencement
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
The instrument commences on 1 September 2014.
[Instrument number CASA [244/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Conditions on authorisations under regulation 11.068 —
flight crew licences and aircraft endorsements
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
Civil Aviation Orders (CAOs) 40.0 and 40.1.0 contained conditions on flight crew licences and aircraft endorsements – aeroplanes. These CAOs have been repealed due to the commencement of Part 61 of the Civil Aviation Safety Regulations 1998 which contains new provisions relating to flight crew licences, ratings and endorsements.
These conditions save certain paragraphs and subsections in Civil Aviation Orders 40.0 and 40.1.0 which are still required in the interests of aviation safety together with the relevant conditions.
They also contain a condition that retains a current requirement under Part 5 of the Civil Aviation Regulations 1988.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority