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 210A 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 length of a tour of duty, the length of time on reserve that may be undertaken by a flight crew member, 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.
Instrument
This Direction has been issued under regulation 210A 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 Instrument 2013 (CAO 48.1), and will apply to any operator who notifies CASA, in writing, that he or she wishes to comply with it.
The instrument deals with 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. It 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 instrument 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 instrument 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.
The instrument is intended to replace instrument CASA 98/14. The instrument has been revised to confirm that an operator wishing to comply with this Direction must provide CASA with either a copy of the draft amendments to be made to the operator’s operations manual for the operator to comply with CAO 48.1, or a completed CASA Form 824B — Application for Approval of a Fatigue Risk Management System. These must be provided to CASA by not later than 31 October 2016. This requirement mirrors the requirements under CAO 48.1 for transitional AOC holders and grandfathered Part 141 operators to provide these documents in order to comply with CAO 48.1. Aside from these changes, the instrument is identical to instrument CASA 98/14.
Legislation Act 2003 (the LA)
Under section 57A of the LA, an instrument is a legislative instrument for section 8 of the LA if it is declared to be a disallowable instrument under legislation in force before 1 January 2005. Under regulation 5A of CAR 1988, which was in force before 1 January 2005, 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.
This instrument affects the operation of CAO 48.1. It is, therefore, a legislative instrument and is subject to tabling and disallowance in Parliament under sections 38 and 42 of the LA.
Consultation
Consultation under section 17 of the LA has taken place with helicopter mustering industry operators regarding the content of previous instrument CASA 98/14. These operators have advised that the flight time and duty limitations contained in the provisions of instrument CASA 98/14 continue to be appropriate. In addition, the terms of the instrument remain available to any operator who notifies CASA, in writing, that he or she wishes to comply with its limitations, but otherwise does not affect operators. Having regard to these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
The instrument commences on the day after registration and expires at the end of April 2017, as if it had been repealed by another instrument.
[Instrument number CASA 37/16]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Direction — flight time limitations for helicopter mustering operations
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 instrument sets out a direction adapted to the particular operational requirements of helicopter mustering operations. It mentions 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.
It only applies to operators who wish to regulate operations in its terms.
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