Explanatory Statement
Civil Aviation Regulations 1988
Direction — flight time limitations for helicopter mustering operations
Purpose
The purpose of the instrument is to provide uniform rules for operators of helicopters engaged in mustering operations as an alternative to the rules set out in Civil Aviation Order 48.1 and to provide relief while an independent review of the rules in CAO 48.1 is being undertaken.
The instrument will have the effect of reissuing instrument CASA 37/16 with minor changes to provide additional time for the independent review to be conducted and to make some minor technical clarifications.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Regulation 210A of the Civil Aviation Regulations 1988 (CAR) 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. 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.
This instrument will replicate CASA 37/16 except with minor changes and to remove the requirement that an operator wishing to obtain relief from CAO 48.1 must provide particular information to CASA that was included at paragraphs 2 (a) (c) and (d) of Schedule 1 to CASA 37/16 has not been replicated in this instrument. Replicating CASA 37/16 will provide additional time for an independent review of the fatigue rules to be conducted. The requirement to provide particular information to CASA is not practical at a time when the rules are subject to review and possible change.
CASA 37/16 was in effect a reissuing of CASA 98/14.
The instrument refers to Part 48.0 of the Civil Aviation Orders, the Civil Aviation Order 48.1 Amendment Instrument 2013 (No. 1) and Civil Aviation Order 29.10, as in force from time to time. These instruments are all freely available on the Federal Register of Legislation.
Legislative instrument
Subsection 98 (5A) (a) of the Act provides that the regulations may empower CASA to issue instruments in relation matters affecting the safe navigation and operation, or the maintenance, of aircraft. Subsection 98 (5AA) of the Act provides that an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if it applies to a class of persons, class of aircraft or class of aeronautical product. The instrument applies to a class of persons, that is, persons operating a helicopter for mustering operations and is, therefore, a legislative instrument.
Consultation
Consultation under section 17 of the Legislation Act 2003 (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. Additional consultation has not been undertaken as CASA has previously indicated exemptions will be reconsidered to provide time for the conduct of the independent review which also aligns with the request for renewal received from the Helicopter Mustering representative. 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 1 May 2017 and expires on 30 April 2018.
[Instrument number CASA 40/17]
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.
Purpose
The purpose of the instrument is to provide uniform rules for operators of helicopters engaged in mustering operations that are an alternative to the rules set out in Civil Aviation Order 48.1 (CAO 48.1) and provide relief while an independent review of the rules in CAO 48.1 is being undertaken.
The instrument will have the effect of reissuing instrument CASA 37/16 with minor changes to provide additional time for the independent review to be conducted and to make some minor technical clarifications.
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