Explanatory Statement
Civil Aviation Safety Regulations 1998
Approval — to conduct flight tests for a training endorsement mentioned in Table 61.1235 of CASR 1998
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the
Governor-General may make regulations for the Act and the safety of air navigation. Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation of aircraft.
Regulation 61.245 of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides, among other things, that a flight test for a flight crew licence, rating or endorsement must be conducted by an examiner or the holder of an approval under section 61.040 of CASR 1998 to conduct the flight test. Table 61.1235 sets out the kinds of endorsements for licences and aircraft ratings that may be tested and issued by an examiner or the holder of an approval.
Subregulation 61.040 (1) provides that if a provision in Part 61 refers to a person or organisation holding an approval, the person or organisation may apply to CASA for the approval. Subregulation 61.040 (2) provides that, among other things, CASA must grant the approval if applicants meet the requirements specified in the Part 61 Manual of Standards.
Under subregulation 11.056 (1) of CASR 1998, CASA may grant an authorisation subject to any condition that CASA is satisfied is necessary in the interests of the safety of air navigation.
Instrument
On 1 September 2014, the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014 inserted Part 61 into CASR 1998 and repealed a substantial portion of Part 5 of the Civil Aviation Regulations 1988 (CAR 1988) which dealt with flight crew licencing. Part 61 of CASR replaces Part 5 of CAR 1988 and deals with the licensing scheme for pilots and flight engineers of registered aircraft.
After implementation of Part 61 of CASR 1998, CASA received feedback from industry that included concerns on whether delegations to flight instructors for the testing and issue of Part 61 endorsements were sufficient. CASA subsequently reviewed existing arrangements and concluded that a range of endorsements set out in Table 61.1235 did not readily carry across from previously delegated provisions under Part 5 of CAR 1988. Consequently, this instrument approves persons who held delegations under Part 5 of CAR or Part 40 of the Civil Aviation Orders (pilot licences and ratings) immediately before 1 September 2014, as being approved to conduct a flight test for the corresponding Part 61 endorsement as set out in Schedules 1 and 2 of the instrument.
The approval is subject to a number of conditions, including that on the day of the flight test the approved person must meet experience requirements specified in Schedule 3 for the relevant endorsement, as well as have clear records in his or her pilot log book for each relevant operation showing the date, pilot in command and total flight time.
Legislative Instruments Act
Under section 98 (5A) (a) of the Act, CASA may issue instruments, including approvals, in relation to a matter that affects the safe navigation and operation of aircraft. For section 98 (5AA) of the Act, an instrument issued under section 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply to a class of persons. CASA 255/14 applies to any person who held a delegation under Part 5 of CAR 1988 or Part 40 of the Civil Aviation Orders as specified in Schedules 1 and 2 of the instrument, and is therefore a legislative instrument. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
In September 2014, industry provided feedback to CASA on the operation of the new Part 61 provisions and raised concerns on whether flight instructors had an adequate level of delegation to continue testing and issuing endorsements under Part 61. CASA has issued this instrument to cover the legislative gap, approving flight instructors to continue their testing activities. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.
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 because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).
Making and commencement
The exemption has been issued by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The instrument commences on the day of registration and expires at the end of June 2016, as if it had been repealed by another instrument.
[Instrument number CASA 255/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Approval — to conduct flight tests for a training endorsement mentioned in Table 61.1235 of CASR 1998
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
The legislative instrument approves holders of flight testing delegations under Part 5 of the Civil Aviation Regulations 1988, immediately before 1 September 2014, as being approved to conduct flight testing for the corresponding endorsement in Part 61 of the Civil Aviation Safety Regulations 1998, as set out in the instrument.
The approval is subject to conditions imposed by CASA in the interest of air safety, including that the approved person must, on the day of the flight test, meet experience requirements set out in Schedule 3 of the instrument.
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