Explanatory Statement
Civil Aviation Regulations 1988
Exemption — recency requirements for night flying (Qantas Airways Limited)
Legislation
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Subregulation 5.109 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that a commercial (aeroplane) pilot (the holder of a commercial (aeroplane) pilot licence) must not fly an aeroplane carrying another person, unless the pilot satisfies requirements set out in the subregulation.
Subregulation 5.170 (1) of CAR 1988 provides that an air transport (aeroplane) pilot (the holder of an air transport (aeroplane) pilot licence) must not fly an aeroplane carrying another person, unless the pilot satisfies requirements set out in the subregulation.
Paragraphs 5.109 (1) (b) and 5.170 (1) (b) of CAR 1988 both mention certain requirements (recency requirements) that the pilot must have satisfied in the immediately preceding period of 90 days, being requirements relating to take-offs and landings at night. These requirements are that the pilot has, within the period, carried out at least 3 take-offs and 3 landings at night, while flying the aeroplane as pilot in command, or as pilot acting in command under supervision or in dual flying; alternatively, in that period the pilot must have satisfactorily completed an aeroplane proficiency check that was completed at night or passed a flight test that was conducted at night for the issue, or renewal, of an aeroplane pilot rating.
The exemption allows Qantas Airways Limited (the operator) to use an approved flight simulator to satisfy recency requirements instead of relying on flights in an aeroplane. It differs from paragraphs 5.109 (1) (b) and 5.170 (1) (b) of CAR 1988 in that it allows the recency requirement to be satisfied by 3 take-offs and 3 landings in the immediately preceding 90 days that have been carried out in an approved flight simulator or an aircraft of the same type. In addition, if it appears that the required number of take-offs and landings will not be possible, that period of 90 days can be extended up to a maximum of 120 days by the pilot having carried out a take-off and landing at night, during the last 30 days, while line flying under the supervision of a pilot who holds a delegation to issue or renew a rating or conduct a flight test. If neither of the previous requirements have been satisfied then the pilot would need to have successfully undertaken, in the immediately preceding 180 days, an approved test for requalification.
The conditions in the instrument are largely consistent with the requirements of the International Civil Aviation Organization (ICAO) and the European Joint Aviation Regulations.
The exemption would allow the operator to rely on flight simulators to meet the recency requirements and would also allow the operator to rely on normal line flying and on its training and checking organisation, instead of requiring the pilot to undergo special flight tests as may be required by CASA. The tests and procedures in the training and checking organisation require approval by CASA.
Legislative Instruments Act
Under subregulation 308 (4) of CAR 1988, an exemption is a disallowable instrument for section 46A of the Acts Interpretation Act 1901. Under subparagraph 6 (d) (i) of the Legislative Instruments 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. The instrument is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation within the aviation industry as a whole has not taken place. The instrument has been issued following a request from the operator to modify the requirements of paragraph 5.170 (1) (b) of CAR 1988. The request was, however, discussed within CASA and the instrument finally provided is in a form consistent with ICAO and European standards. Any operator whose procedures and training checking organisation is considered by CASA to make satisfactory provision for testing and training pilots for night flying operations would be granted an equivalent exemption.
The exemption commences on the day after it is registered and stops having effect at the end of 31 July 2009.
The instrument has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX02/08]
Overview
The Civil Aviation Regulations 1988, enacted to establish comprehensive rules governing aviation operations in Australia, contain specific recency requirements for pilots operating commercial and air transport aeroplanes. These requirements ensure that pilots maintain the necessary proficiency to safely conduct night operations, including a minimum number of take-offs and landings at night within a specified period. However, these regulations were adapted to allow for alternative means of meeting such recency requirements. The exemption for Qantas Airways Limited, introduced through a legislative instrument, permits the use of approved flight simulators to satisfy the recency requirements for night flying, aligning with international standards and offering a practical solution to ensure pilot proficiency without the need for additional special flight tests mandated by the Civil Aviation Safety Authority (CASA). This exemption, subject to parliamentary disallowance, was made in response to a specific request from Qantas and is consistent with standards set by the International Civil Aviation Organization and the European Joint Aviation Authorities.
Scope and Application
The Civil Aviation Regulations 1988 Exemption—recency requirements for night flying (Qantas Airways Limited) applies specifically to Qantas Airways Limited, allowing the airline to use approved flight simulators to satisfy the recency requirements for night flying instead of relying on flights in an aeroplane. This exemption applies to commercial aeroplane pilots and air transport aeroplane pilots employed by Qantas Airways Limited, who must otherwise meet the recency requirements outlined in subregulations 5.109 and 5.170 of the Civil Aviation Regulations 1988. These requirements include conducting a certain number of take-offs and landings at night or completing an aeroplane proficiency check or flight test conducted at night. The exemption allows Qantas to satisfy these requirements using an approved flight simulator, with certain conditions, and aligns with International Civil Aviation Organization (ICAO) and European Joint Aviation Regulations standards. The exemption is subject to disallowance under the Legislative Instruments Act 2003 and is effective from the day after it is registered, expiring on 31 July 2009.
Key Provisions
The key provisions of the legislation (F2008L00087) pertain to the exemption granted to Qantas Airways Limited from certain recency requirements for night flying as outlined in the Civil Aviation Regulations 1988 (CAR 1988). Specifically, subregulation 5.109(1) and subregulation 5.170(1) of CAR 1988 detail the conditions that commercial and air transport pilots must meet to legally operate an aeroplane. Under these subregulations, pilots are required to demonstrate proficiency in night take-offs and landings, either through actual flight experience or approved proficiency checks and flight tests. The exemption allows Qantas to use approved flight simulators to meet these recency requirements instead of conducting night flights. This means that pilots can satisfy the requirements by completing three take-offs and three landings in an approved flight simulator within the preceding 90 days, or by performing a take-off and landing under supervision within the last 30 days if the required number of simulator sessions cannot be achieved.
The obligations imposed by this Act on Qantas Airways Limited are primarily centred around ensuring that their pilots meet the specified recency requirements for night flying through either actual flight experience or approved simulator training. Qantas must ensure that their approved flight simulators meet the standards set by the Civil Aviation Safety Authority (CASA) and that their training and checking organisation is approved by CASA. The airline must also ensure that pilots who are required to extend the 90-day period to 120 days have carried out a night take-off and landing under supervision, or have successfully undertaken an approved requalification test if neither of the previous requirements are met.
Failure to comply with the provisions of this exemption could result in significant consequences. Although the specific penalties for breaching the Civil Aviation Regulations 1988 are not detailed in this legislation, general regulations under the Civil Aviation Act 1988 and associated regulations typically include substantial fines and potential imprisonment for serious breaches. Additionally, CASA has the authority to take enforcement actions, including grounding of aircraft and suspension of pilot licenses, if it is determined that a pilot is not meeting the required standards. The exemption is designed to align with international standards set by the International Civil Aviation Organization (ICAO) and European Joint Aviation Regulations, ensuring that Qantas maintains a high level of safety and compliance in its night flying operations.