Explanatory Statement
Civil Aviation Regulations 1988
Direction — flight time limitations
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 them.
The instrument commences on 1 November 2010 and stops having effect at the end of 31 October 2012.
The direction has been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 382/10]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to regulate civil aviation operations in Australia, providing a comprehensive framework to ensure safety and efficiency within the sector. One particular issue these regulations address is the management of flight time limitations for pilots, particularly in specific operational contexts such as helicopter mustering. This is aimed at mitigating risks associated with pilot fatigue and ensuring operational safety. Regulation 5.55 of CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to issue directions to flight crew licence holders or aircraft operators regarding flight time limitations, rest periods, and circumstances under which flying is prohibited. The direction outlined in F2010L02799, issued under this authority, provides a uniform set of flight time limitations for helicopter mustering operations, offering an alternative to the standard limitations in Civil Aviation Order 48.1 (CAO 48.1). This direction applies to operators who notify CASA of their intention to comply with these specific rules. The policy objective is to enhance safety by ensuring pilots adhere to specific flight and rest periods, thereby reducing the risk of fatigue-related incidents.
Scope and Application
The Civil Aviation Regulations 1988 Direction regarding flight time limitations applies to aircraft operators and holders of flight crew licences involved in helicopter mustering operations in Australia. Specifically, it targets those who choose to comply with this direction instead of the standard limitations set out in Civil Aviation Order 48.1. Operators must notify the Civil Aviation Safety Authority (CASA) in writing to opt into this direction. The legislation governs the maximum flying hours, mandatory rest periods, and conditions under which pilots must not fly, such as instances of fatigue, illness, or injury. It also mandates the accurate recording of flight time and duty time. This direction distinguishes between entry-level pilots and experienced pilots, the latter requiring a minimum of 500 flying hours in helicopter mustering operations. The instrument is subject to disallowance under the Legislative Instruments Act 2003 as it supersedes CAO 48.1, and it came into effect on 1 November 2010, expiring on 31 October 2012.
Key Provisions
The primary operative sections of this legislation, specifically Regulation 5.55 of the Civil Aviation Regulations 1988 (CAR 1988), empower the Civil Aviation Safety Authority (CASA) to issue directions to flight crew licence holders and aircraft operators regarding flight time limitations. This includes setting the number of hours that a person may fly within a given period, mandatory rest periods, and circumstances under which a pilot must not fly or undertake other duties. The direction issued under this regulation provides a uniform set of rules for operators engaged in helicopter mustering operations, offering an alternative to the standard limitations in Civil Aviation Order 48.1 (CAO 48.1). It applies to any operator who notifies CASA in writing of their intention to comply with these rules.
The direction outlines two sets of flight time limitations, differentiating between entry-level pilots and experienced pilots. Entry-level pilots must have an approval to engage in helicopter mustering operations or be undergoing training to obtain such approval. An experienced pilot is defined as someone with a minimum of 500 flying hours in helicopter mustering operations as pilot in command or acting in command under supervision. Under this direction, pilots must adhere to a minimum number of duty-free days within each 16-day period and must not exceed the maximum number of flight hours specified for any given period. Additionally, pilots must not fly if they are unfit for duty due to fatigue, illness, injury, or any other reason.
The obligations imposed by this Act on the parties it governs include the requirement for accurate recording of flight time and duty time, as well as helicopter flying time. Operators who wish to comply with this direction must notify CASA in writing. Failure to comply with these flight time limitations and rest period requirements may result in significant operational disruptions and safety risks, which are central to the intent of the regulation.
For breaches of these flight time limitations and rest period requirements, the Civil Aviation Regulations 1988 provide for both civil and criminal consequences. The specific penalties depend on the nature and severity of the breach. Generally, civil penalties can include fines up to a substantial amount, depending on the specific regulatory breach. For more severe violations, particularly those involving significant safety risks, criminal penalties may apply, potentially resulting in imprisonment. The exact penalties are detailed within the Civil Aviation Regulations 1988 and would be enforced by CASA in accordance with the applicable laws.