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.
Overview
The Civil Aviation Regulations 1988 were enacted to ensure the safe operation of civil aviation within Australia, providing a comprehensive framework governing the conduct of pilots, air traffic control, and other aviation-related activities. The problem addressed by this specific regulation is the restriction on flight hours that pilots can accrue under certain conditions, particularly in relation to private operations. This regulation was introduced to amend the Civil Aviation Orders to provide a specific exemption for Mr. Roff Alexander Howard, a Qantas pilot, who requested an exception to the flight hour limitations for private flying activities. The policy objective underpinning this exemption is to balance the pilot's professional commitments with their private flying interests, thereby ensuring safety without unduly restricting their personal activities. The instrument was issued by the Civil Aviation Safety Authority (CASA), acting under delegation from the relevant authority, and came into effect upon gazettal.
Scope and Application
The Civil Aviation Regulations 1988, as amended and supplemented by Civil Aviation Orders (CAOs), govern the operation and safety of civil aviation in Australia, with a focus on regulating flight crew hours to ensure safety. Specifically, subregulation 5.55(1) empowers the Civil Aviation Safety Authority (CASA) to issue directions concerning the number of flight hours a pilot may accrue within specified periods. These regulations apply to all licensed pilots operating within Australia's jurisdiction, including those engaged in both commercial and private aviation activities. Notably, the CAOs mandate that pilots cannot exceed 900 hours in 365 consecutive days, 100 hours in 30 consecutive days, and 30 hours in 7 consecutive days. In response to a specific application by a Qantas pilot, CASA issued a direction allowing the pilot to exceed these limits for private recreational flying under certain conditions, provided the aircraft used has a maximum take-off weight of less than 5700kg. This direction permits an additional 50 hours in any period of 365 days, 5 hours in any period of 30 consecutive days, and 3 hours in any period of 7 consecutive days, subject to safety considerations and adherence to the overall regulatory framework.
Key Provisions
The Civil Aviation Regulations 1988, as modified by this direction, provide specific allowances for Mr Roff Alexander Howard, a Qantas pilot, to exceed certain flight hour limitations during private operations. Under the new provisions set out in the instrument (paragraphs 1.14, 1.15, and 1.16 of section 48.1 of the Civil Aviation Orders), Mr Howard is permitted to fly up to 950 hours in any period of 365 consecutive days, 105 hours in any period of 30 consecutive days, and 33 hours in any period of 7 consecutive days. These allowances are applicable to his flying as a pilot of an aircraft with a maximum take-off weight of less than 5700kg used in private operations.
In issuing this direction, the Civil Aviation Safety Authority (CASA) has placed certain obligations on Mr Howard and Qantas. Mr Howard must adhere strictly to the flight hour limitations specified in the Civil Aviation Orders (CAOs) for all other flying activities, including his regular duties as a Qantas pilot. Qantas, as his employer, must ensure that Mr Howard complies with both the standard flight hour limitations and the additional allowances granted by this direction. Both parties must maintain accurate records of Mr Howard's flight hours and ensure that he does not exceed the stipulated limits in any given period.
Failure to comply with the flight hour limitations set out in the CAOs or this direction could result in serious consequences. CASA has the authority to take enforcement action against individuals or entities that breach the Civil Aviation Regulations 1988. Offences under these regulations can lead to penalties, including substantial fines. For example, under the Civil Aviation Act 1988, individuals may face fines up to $22,200, and corporations may face fines up to $111,000 for each breach. In addition to financial penalties, CASA can also suspend or revoke flight crew licences for non-compliance, which would have significant professional repercussions for Mr Howard.