CASA 244/14 - Conditions on authorisations under regulation 11.068 — flight crew licences and aircraft endorsements

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Legislation au F2014L01180 Not in force Legislative Instrument

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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 These CAOs have been repealed due to the commencement of Part 61 of the Civil Aviation Safety Regulations 1998 (CASR 1998) which contains new provisions relating to flight crew licences,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

Overview

The Civil Aviation (General) Regulations 1988, enacted by the Australian Parliament, provide the framework for the regulation of civil aviation safety in Australia. This legislation was introduced to address the need for comprehensive and enforceable safety standards within the civil aviation industry, ensuring the protection of life, property, and the environment. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to create regulations and orders that facilitate the safe navigation and operation of aircraft. A significant aspect of this Act is its ability to delegate regulatory powers to CASA, enabling it to issue instruments such as the Civil Aviation Orders (CAOs) that impose conditions on authorisations like flight crew licences and aircraft endorsements. These conditions are critical for maintaining high safety standards across the aviation sector. The objective of the Act is to ensure that all aspects of civil aviation, from pilot qualifications to aircraft maintenance, adhere to stringent safety regulations that prevent accidents and ensure public confidence in the aviation industry.

Scope and Application

The Civil Aviation Safety Regulations 1998, as supplemented by the legislative instrument, apply to pilots in command and flight instructors in Australia. This legislation is concerned with ensuring the safe navigation, operation, and maintenance of aircraft, and it is enforced by the Civil Aviation Safety Authority (CASA). The instrument specifically details conditions for flight crew licences and aircraft endorsements, ensuring that these personnel meet certain safety standards and competencies. These regulations apply nationally, overseen by CASA as the regulatory body under the Civil Aviation Act 1988. The instrument does not introduce new exclusions or exemptions but rather reissues existing conditions that have been in place and deemed necessary for aviation safety. Any further extension or restriction of the application is handled through subordinate instruments issued by CASA under the authority granted by the Civil Aviation Act 1988.

Key Provisions

The primary operative sections of this legislative instrument pertain to flight crew licences and aircraft endorsements under the Civil Aviation Safety Regulations 1998 (CASR 1998), as detailed in regulation 11.068. This regulation allows the Civil Aviation Safety Authority (CASA) to impose conditions on authorisations, which include flight crew licences, ratings, and endorsements. The instrument reissues certain provisions from Civil Aviation Orders (CAO) 40.0 and 40.1.0 that remain necessary for aviation safety, while these orders are repealed due to the new provisions in CASR 1998 Part 61. For example, section 3 of the instrument retains requirements for practising instrument flying in an aeroplane under visual flight rules, which were previously in paragraph 2.7 of CAO 40.0. Similarly, section 4 of the instrument retains requirements for participation in land and hold short operations (LAHSO), which were in subsection 4 of CAO 40.0. Section 5 imposes a condition on the holder of an MU-2 aircraft type rating, stipulating that they must undergo certain training before exercising their privileges as pilot in command, to manage unsafe conditions such as icing. Lastly, section 6 mandates that an instructor rating holder may only conduct training for a flight activity endorsement if they have demonstrated competency to a person authorised to conduct a flight test for the relevant endorsement. The obligations and requirements imposed by this Act on parties and entities include adhering to the conditions set forth in the instrument. These conditions are necessary to ensure the safe navigation, operation, and maintenance of aircraft. Pilots in command and flight instructors must comply with the specific training and competency requirements outlined in the instrument. For instance, pilots holding an MU-2 aircraft type rating must complete the specified training to safely deal with icing conditions. Additionally, flight instructors must demonstrate their competency in conducting specific training activities to an authorised person. These obligations are crucial for maintaining high safety standards within the aviation industry. Breach of any condition stipulated in this legislative instrument may result in civil or criminal consequences. While the specific penalties are not detailed in the instrument, general provisions in the Civil Aviation Act 1988 and other relevant regulations may apply. For instance, unauthorised operation of an aircraft or non-compliance with safety regulations can lead to fines, suspension or revocation of licences, and other penalties. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions in related legislation. Ensuring compliance with these conditions is essential to uphold the safety and integrity of the aviation sector.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.