Explanatory Statement
Civil Aviation Safety Regulations 1998
Approval — for Approved Training Pilot approval holders under CAO 29.10 to conduct flight tests for a low-level rating, low-level endorsement and mustering endorsement
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.
On 1 September 2014, the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014 inserted Part 61 into the Civil Aviation Safety Regulations 1998 (CASR 1998). Part 61 of CASR 1998 deals with the licensing scheme for pilots and flight engineers of registered aircraft, including flight testing.
Regulation 61.245 of 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 regulation 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) of CASR 1998 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.
Subsection 12 of Civil Aviation Order 29.10 (CAO 29.10) provided for the approval of a person as an approved training pilot if he or she was competent to conduct the training of other pilots to gain competency in aerial stock mustering.
Approved training pilots were able to grant certificates of competency to pilots who satisfactorily completed that training. This involved flight testing.
Following the commencement of Part 61, CAO 29.10 was amended so that approved training pilots were no longer able to conduct training or award certificates of competency. However, transitional provisions were included in CASR 1998 as regulations 202.261 and 202.263 so that approvals granted to training pilots remained in force.
This approval under regulation 61.040 gives the holders of those approvals the right to conduct flight tests for endorsements and ratings equivalent to the certificates of competency that they were entitled to award under subsection 12 of CAO 29.10, being low-level ratings, low-level endorsements and aerial mustering endorsements.
The approval is subject to conditions under regulation 11.056 of CASR 1998. Among these conditions, an approved training pilot must register with the CASA Flight Test Notification System, and comply with the limitations and obligations of a holder of a flight examination rating under Subpart 61.U of CASR 1998. They must also successfully complete a course of training as described, no later than 18 months after the date of commencement of this instrument.
The conditions enable the holder of an expired training approval to continue to exercise his or her powers under the regulation 61.040 instrument of approval, subject to successful completion of an instructor rating proficiency check.
Legislative Instruments Act
Under paragraph 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 subsection 98 (5AA) of the Act, an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply to a class of persons. This instrument of approval applies to any person who held an approved training pilot approval under subsection 12 of CAO 29.10. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
Consultation
CASA has received feedback from industry on the operation of the new Part 61 provisions. CASA considers that it is appropriate, with adequate safeguards in the conditions, to issue this approval under regulation 61.040 so that the approved training pilots can continue to perform functions equivalent to those they performed under CAO 29.10. 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.
Making and commencement
The approval has been issued by a delegate of CASA duly appointed under regulation 11.260 of CASR 1998.
The instrument commences on the day of registration and expires at the end of August 2017, as if it had been repealed by another instrument.
[Instrument number CASA 289/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Approval — for Approved Training Pilot approval holders under CAO 29.10 to conduct flight tests for a low-level rating, low-level endorsement and mustering endorsement
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 training pilot approvals under Civil Aviation Order 29.10, as in force immediately before 1 September 2014, to conduct equivalent flight testing for low-level ratings, low-level endorsements and mustering endorsements as mentioned in Table 61.1235 of the Civil Aviation Safety Regulations 1998.
The approval is subject to conditions imposed by CASA in the interest of air safety but recognises existing qualifications.
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