EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
HELICOPTER MUSTERING OPERATIONS
FLIGHT AND DUTY TIME
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 the Civil Aviation Safety Authority (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.
These directions have been issued under regulation 5.55. They provide a uniform set of rules applicable to operators engaged in helicopter mustering operations. They provide an alternative to the standard limitations and requirements set out in section 48.1 of the Civil Aviation Orders (the Orders) and will apply to any operator who notifies CASA in writing that he or she wishes to comply with them.
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 directions set out two 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 directions provide 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.
The directions also require the keeping of adequate records of flight time and duty time as well as helicopter flying time.
Regulation 5A of CAR 1988 provides that a direction that has the effect of repealing, amending or otherwise affecting the operation of, anything in the Orders is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
The directions are a disallowable instrument because they affect the operation of section 48.1 of the Orders.
The directions start having effect on 1 November 2004 and stop having effect at the end of October 2007.
They replace previous directions in identical terms which stop having effect at the end of October 2004.
The directions have been issued by a delegate of CASA in accordance with regulation 7 of CAR 1988.
[Instrument Number: CASA 524/04]
Overview
The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, address operational safety and efficiency within the civil aviation sector. These regulations were introduced to provide a comprehensive legal framework for the oversight and regulation of civil aviation activities in Australia, aiming to ensure the safety of air travel and the integrity of the aviation industry. Specifically, Regulation 5.55 of the Civil Aviation Regulations 1988 empowers the Civil Aviation Safety Authority (CASA) to issue directions concerning flight crew licences and aircraft operations, including flight and duty time limitations. This legislative measure aims to standardise safety protocols and operational guidelines, particularly for helicopter mustering operations, ensuring that pilots and operators adhere to stringent flight time and rest period regulations. The directions issued under Regulation 5.55 provide an alternative set of rules to those stipulated in the Civil Aviation Orders, allowing operators to choose compliance with these uniform standards, thereby enhancing safety and reducing operational discrepancies.
Scope and Application
The Civil Aviation Regulations 1988, specifically under Regulation 5.55, apply to operators engaged in helicopter mustering operations, providing them with an alternative set of rules to the standard limitations and requirements set out in section 48.1 of the Civil Aviation Orders. Any operator who wishes to comply with these directions must notify the Civil Aviation Safety Authority (CASA) in writing. The directions apply to all pilots involved in these operations, requiring them to hold an approval for helicopter mustering operations or be undergoing training to obtain such approval. It is pertinent to note that these directions have a specified duration, commencing on 1 November 2004 and ending at the conclusion of October 2007, replacing previous directions that ceased to have effect at the end of October 2004. The Civil Aviation Safety Authority, through a delegate, issues these directions in accordance with Regulation 7 of the Civil Aviation Regulations 1988. Importantly, these directions, being disallowable instruments, have the effect of repealing, amending, or otherwise affecting the operation of section 48.1 of the Orders, as provided under Regulation 5A of the Civil Aviation Regulations 1988.
Key Provisions
The main 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 concerning flight time limitations and requirements for helicopter mustering operations. These directions, detailed in CASA 524/04, provide an alternative to the standard limitations and requirements outlined in section 48.1 of the Civil Aviation Orders (the Orders). They apply to any operator who notifies CASA in writing that they wish to comply with these alternative rules. These provisions set out specific flight time limitations, rest periods, and conditions under which pilots must not fly, such as instances of fatigue, illness, or injury.
These regulations impose several obligations on the parties involved. Firstly, all pilots must hold an approval to engage in helicopter mustering operations or be undergoing training to obtain that approval. Furthermore, an experienced pilot is defined as one with a minimum of 500 flying hours in helicopter mustering operations as pilot in command or acting in command under supervision. Operators must ensure that pilots comply with the specified flight time limitations, take the required rest periods, and maintain accurate records of flight time, duty time, and helicopter flying time. Additionally, pilots must not fly or be required to fly if they are unfit for duty due to fatigue, illness, injury, or any other reason.
Failure to comply with these regulations can result in various consequences. The regulations specify that the directions are a disallowable instrument because they affect the operation of section 48.1 of the Orders. The Civil Aviation Safety Authority has the authority to take enforcement actions against operators and pilots who do not adhere to these flight time limitations and requirements. The potential penalties for non-compliance are not explicitly stated in the provided text, but it can be inferred that they would be in line with the broader regulatory framework governing civil aviation safety in Australia. The specific penalties would depend on the severity and nature of the breach, as determined by CASA.