Explanatory Statement
Civil Aviation Regulations 1988
Direction — flight time limitations for helicopter mustering operations
Legislation
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Regulation 5.55 of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may give directions to the holder of a flight crew licence, or to an aircraft operator, about matters relating to the regulation of flight time. These matters include the number of hours that a person may fly in any period, the rest periods that must be taken and the circumstances in which a person must not fly or undertake other duties associated with his or her employment.
This direction has been issued under regulation 5.55 of CAR 1988. It provides a uniform set of rules applicable to operators engaged in helicopter mustering operations. It provides an alternative to the standard limitations and requirements in Civil Aviation Order 48.1 (CAO 48.1) and will apply to any operator who notifies CASA in writing that he or she wishes to comply with it.
Apart from the maximum number of hours that a pilot may fly in any given period and the duty free periods that a pilot is required to have, the instrument also deals with the circumstances in which a pilot must not fly or in which an operator must not require a pilot to fly. It also requires the accurate recording of flight time and duty time and of helicopter flying time.
The direction sets out 2 sets of flight time limitations, depending on whether the pilot in question is an entry level pilot or an experienced pilot. All pilots must hold an approval to engage in helicopter mustering operations or be undergoing training to obtain that approval. In addition, an experienced pilot is one who has a minimum of 500 flying hours in helicopter mustering operations as pilot in command or acting in command under supervision.
The direction provides for a pilot to have a minimum number of duty free days in each 16 day period and not to exceed the maximum number of flight hours provided for any of the specified periods. In addition, pilots must not fly, or be required to fly, in a mustering operation if unfit for duty because of fatigue, illness or injury or for any other reason.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instrument Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Under regulation 5A of CAR 1988, if CASA has issued a Civil Aviation Order (CAO), and CASA later issues a direction that affects the operation of the CAO, the later document is declared to be a disallowable instrument. The instrument affects the operation of CAO 48.1. It is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case because the instrument is a renewal of a previous instrument and is available to any operator who notifies CASA in writing that he or she wishes to comply with its limitations.
Human rights implications
The instrument sets out a direction adapted to the particular operational requirements of helicopter mustering operations. It only applies to operators who wish to regulate operations in its terms. The instrument does not engage any of the applicable rights or freedoms.
The instrument commences on 1 November 2012 and stops having effect at the end of 30 June 2014.
The direction has been issued by a delegate of CASA under regulation 11.160 of the Civil Aviation Safety Regulations 1998.
[Instrument number CASA 341/12]
Overview
The Civil Aviation Regulations 1988 were enacted by the Australian Government to ensure the safety and efficiency of civil aviation within Australia. The regulations were enacted under Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations necessary or expedient to achieve the objects of the Civil Aviation Act. The Civil Aviation (Flight Time Limitations) Direction for Helicopter Mustering Operations 2012 was introduced to address the need for a uniform set of rules for operators engaged in helicopter mustering operations. The Civil Aviation Safety Authority (CASA) has the authority to issue directions to flight crew licence holders and aircraft operators about matters relating to the regulation of flight time, including the number of hours that a person may fly in any period, rest periods that must be taken, and circumstances in which a person must not fly. This particular direction provides an alternative to the standard limitations and requirements in Civil Aviation Order 48.1 and applies to any operator who notifies CASA in writing that they wish to comply with it. The policy objective of the direction is to ensure the safety of helicopter mustering operations by setting out specific flight time limitations and requirements for pilots, including the number of hours they can fly, the rest periods they must take, and the circumstances in which they must not fly.
Scope and Application
The Civil Aviation Regulations 1988 Direction concerning flight time limitations for helicopter mustering operations applies specifically to operators engaged in such activities who voluntarily choose to adhere to these regulations instead of the standard limitations outlined in Civil Aviation Order 48.1. To comply with this direction, an operator must notify the Civil Aviation Safety Authority (CASA) in writing. The direction is applicable to both entry-level and experienced pilots, with experienced pilots defined as those having a minimum of 500 flying hours in helicopter mustering operations as pilot in command or acting in command under supervision. The regulations cover flight hour limits, mandatory rest periods, circumstances under which pilots must not fly, and the accurate recording of flight and duty times. Furthermore, this direction, which is a legislative instrument subject to tabling and disallowance under the Legislative Instruments Act 2003, supersedes the CAO 48.1 when an operator opts to follow it. Notably, human rights implications are not engaged by this instrument, as it pertains only to those operators who expressly choose to comply with its stipulations.
Key Provisions
The Civil Aviation Regulations 1988 Direction regarding flight time limitations for helicopter mustering operations sets out two distinct sets of rules applicable to operators who engage in such activities. These rules are designed to provide a uniform set of flight time limitations that can be applied instead of the standard limitations and requirements found in Civil Aviation Order 48.1 (CAO 48.1). Operators who wish to comply with these alternative rules must notify the Civil Aviation Safety Authority (CASA) in writing. The direction applies to both entry-level and experienced pilots, with different rules set out for each category. Entry-level pilots are those who do not meet the criteria for experienced pilots, which include having a minimum of 500 flying hours in helicopter mustering operations as pilot in command or acting in command under supervision.
The direction includes provisions for the maximum number of flight hours that a pilot may fly within specified periods, as well as the duty-free periods required between flights. It also specifies the circumstances in which a pilot must not fly, such as when they are unfit for duty due to fatigue, illness, injury, or any other reason. Furthermore, operators are required to ensure that accurate records of flight time and duty time, as well as helicopter flying time, are kept. The direction is applicable to any operator who notifies CASA in writing that they wish to comply with it.
Operators and pilots governed by the direction have several obligations and requirements to adhere to. Firstly, they must ensure that pilots hold an approval to engage in helicopter mustering operations or are undergoing training to obtain that approval. Secondly, they must ensure that pilots meet the specified flight time limitations, including the minimum number of duty-free days in each 16-day period and the maximum number of flight hours provided for any specified period. Thirdly, they must ensure that pilots do not fly or are not required to fly in a mustering operation if they are unfit for duty due to fatigue, illness, injury, or any other reason. Lastly, they must maintain accurate records of flight time and duty time, as well as helicopter flying time.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the direction itself. However, it is worth noting that the direction is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). Additionally, any breach of the Civil Aviation Regulations 1988 or the Civil Aviation Safety Regulations 1998 may result in enforcement action by CASA, which could include fines, suspension or revocation of licences, or other penalties as deemed appropriate by CASA. The maximum penalties for breaches of these regulations are not specified in the direction, but they can be found in the respective regulations themselves.