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 the day after it is registered and stops having effect at the end of 31 October 2010.
The direction has been issued by the Deputy Chief Executive Officer, Strategy and Support, a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 407/07]
Overview
The Civil Aviation Regulations 1988, enacted by the Australian Government, provide a comprehensive framework for regulating civil aviation within Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, and these are further detailed and implemented through the Civil Aviation Regulations 1988. One such regulation, specifically Regulation 5.55, allows the Civil Aviation Safety Authority (CASA) to issue directions to flight crew licence holders and aircraft operators concerning flight time limitations, including maximum flying hours, required rest periods, and conditions under which flying is prohibited. These regulations aim to ensure the safety and efficiency of civil aviation operations by mitigating risks associated with fatigue, illness, and other factors that could impair pilot performance. The legislative instrument F2007L04154, which was issued as a direction under Regulation 5.55, provides an alternative set of rules for operators engaged in helicopter mustering operations, offering them a choice between these new rules and the standard limitations set out in Civil Aviation Order 48.1.
Scope and Application
The Civil Aviation Direction on flight time limitations, issued under regulation 5.55 of the Civil Aviation Regulations 1988, applies to operators engaged in helicopter mustering operations. These operators are required to comply with this direction by notifying the Civil Aviation Safety Authority (CASA) in writing. This direction provides an alternative to the standard limitations and requirements outlined in Civil Aviation Order 48.1 (CAO 48.1). It applies to both entry-level pilots and experienced pilots, with experienced pilots defined as those who have accumulated at least 500 flying hours in helicopter mustering operations as pilot in command or acting in command under supervision. The direction sets out specific flight time limitations and duty-free periods, and it mandates accurate recording of flight time and duty time. Additionally, it outlines circumstances in which a pilot must not fly or be required to fly, such as when unfit for duty due to fatigue, illness, injury, or other reasons. The direction is a legislative instrument under the Legislative Instruments Act 2003, and it is subject to tabling and disallowance in the Parliament. It comes into effect on the day after registration and will cease to have effect at the end of 31 October 2010.
Key Provisions
The key provisions of the Civil Aviation Direction on flight time limitations (F2007L04154) pertain primarily to Regulation 5.55 of the Civil Aviation Regulations 1988 (CAR 1988) and are outlined under sections that establish rules for helicopter mustering operations. This direction provides two sets of flight time limitations: one for entry-level pilots and another for experienced pilots. Entry-level pilots must hold an approval for helicopter mustering operations or be undergoing training to obtain that approval. In contrast, experienced pilots must have at least 500 flying hours in helicopter mustering operations as pilot in command or acting in command under supervision (Section 5). The direction specifies the maximum number of hours a pilot may fly in any given period, the minimum rest periods required, and the conditions under which a pilot must not fly, such as when unfit due to fatigue, illness, injury, or other reasons (Section 6).
Under the Civil Aviation Direction, helicopter mustering operators and pilots are obligated to adhere to these flight time limitations. They must ensure that pilots do not exceed the prescribed flight hours in any specified period and that they observe the required duty-free days in each 16-day period. Moreover, operators must not require pilots to fly if they are unfit for duty due to fatigue, illness, injury, or any other reason. The direction also mandates the accurate recording of flight time, duty time, and helicopter flying time (Section 7). This encompasses maintaining precise logs and documentation to ensure compliance with the set flight time limitations.
Failure to comply with the flight time limitations set out in this direction can result in significant consequences. While the direction does not explicitly detail specific offences, non-compliance could potentially lead to regulatory action under the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. Penalties for breaches may include fines, revocation of flight crew licences, or other sanctions deemed appropriate by the Civil Aviation Safety Authority (CASA). The maximum penalties for such breaches, however, are not specified within the direction itself but would be in accordance with the broader regulatory framework governing aviation safety (Section 8).