EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
DIRECTION UNDER PARAGRAPH 5.55 (1) (a)
Subregulation 5.55 (1) of the Civil Aviation Regulations 1988 (the Regulations) provides, amongst other things, that CASA may give directions about the number of hours that the holder of a flight crew licence may fly in any period as a member of the flight crew of an aircraft.
Under regulation 5 of the Regulations, CASA may issue directions in Civil Aviation Orders (CAOs) or otherwise in writing. Under regulation 5A of the Regulations, if CASA has issued directions by way of a CAO and later issues directions, not included in a CAO, that in any way affects the operation of the earlier directions, the latter document is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
CASA has provided, in paragraphs 1.14, 1.15 and 1.16 of section 48.1 of the CAOs, that a pilot must not fly as a flight crew member more than 900 hours in 365 consecutive days, 100 hours in 30 consecutive days and 30 hours in 7 consecutive days. Under paragraph 1.3 of section 48 of the CAOs, any flight time clocked in the course of private operations is to be counted in computing the total number of hours flown by a pilot.
Mr Roff Alexander Howard, a Qantas pilot, has applied to CASA to be allowed to fly a limited number of hours in private recreational flying in excess of the limitations imposed by the CAOs. He has explained that he would like to fly in private operations, as a pilot member of the Historical Aircraft Restoration Society or when holidaying with his family, but is precluded at times from doing so because of the number of hours that he is required to fly as a training captain on Qantas’s B747-400 long haul fleet.
By this instrument, CASA has given a direction under paragraph 5.55 (1) (a) of the Regulations, allowing Mr Howard to fly, in addition to the number of hours that he is authorised to fly under the CAOs:
(a) 50 hours in any period of 365 days; and
(b) 5 hours in any period of 30 consecutive days; and
(c) 3 hours in any period of 7 consecutive days;
as pilot of an aircraft that has a maximum take-off weight of less than 5700kg and is employed in private operations.
Before issuing the instrument, CASA has, in accordance with subsection 9A (1) of the Civil Aviation Act 1988, given due consideration to the safety of air navigation.
The instrument was issued by the General Manager, Airlines Operation, as a delegate of CASA and took effect on gazettal.