CASA EX03/2005 - Exemption under subregulation 308(1) relating to recent experience requirements

Overview

The Civil Aviation Act 1988, enacted to establish a regulatory framework for civil aviation and ensure safety, authorises the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. In this context, the Civil Aviation Regulations 1988 (CAR 1988) mandate the Civil Aviation Safety Authority (CASA) to issue flight crew licences to applicants meeting statutory requirements. A key policy objective of these regulations is to ensure the highest safety standards in air navigation by imposing specific conditions on licence holders, including recent flight experience requirements for air transport pilots. The explanatory statement outlines an exemption under subregulation 308(1) of CAR 1988, which allows certain licence holders to be exempt from compliance with recency requirements, substituting a shorter flight time criterion. This exemption, deemed necessary by CASA, aims to maintain safety while accommodating practical operational needs, particularly for pilots employed by training and checking organisations. The renewal of this exemption, subject to parliamentary disallowance, is intended to ensure continued safety in air navigation without compromising the rigorous standards set forth in the Civil Aviation Act 1988.

Scope and Application

The Civil Aviation Act 1988 and Civil Aviation Regulations 1988 provide the legislative framework for ensuring the safety of air navigation in Australia. The Act empowers the Governor-General to make regulations, including the issuing of flight crew licences, which are subject to conditions necessary for the safety of air navigation. These conditions can be specified in Civil Aviation Orders (CAOs), with one such condition being the recent flight experience requirement for air transport pilot (aeroplane) licences. Subregulation 308(1) of the Civil Aviation Regulations 1988 allows the Civil Aviation Safety Authority (CASA) to exempt individuals from specified provisions, subject to safety conditions. This particular exemption applies to air transport pilot (aeroplane) licence holders, reducing the recency requirement from 3 hours of flight time to 1 hour, provided the pilot is employed by an operator that provides a training and checking organisation under regulation 217 of the Civil Aviation Regulations 1988. The exemption is limited to these specific licence holders and operators and is effective from the day after its registration until the end of February 2007. The exemption is a legislative instrument subject to tabling and disallowance in the Parliament, although consultation under the Legislative Instruments Act 2003 was not undertaken for this renewal.

Key Provisions

The main operative sections of this instrument are found in the Civil Aviation Regulations 1988 (CAR 1988), particularly subregulation 308(1), which allows for exemptions from specified provisions of the CAR 1988 in relation to a category of aircraft. This particular exemption is related to recent flight experience requirements for air transport pilot (aeroplane) licence holders (subregulation 5.11(3)). It is stipulated that these pilots can be exempted from the requirement of completing 3 hours of flight time under subparagraph (b) in paragraph 11.3 of section 40.1.5 of the Civil Aviation Orders (CAOs) (section 40.1.5). Instead, a reduced flight time of 1 hour is required as a condition of the exemption (subregulation 308(3)). This exemption is justified on safety grounds, as it is considered that flight time beyond 1 hour in the flight cruise phase does not significantly contribute to refreshing a pilot’s knowledge following an absence from flight (subregulation 308(1)). The obligations imposed by the Act and the Regulations include that air transport pilot (aeroplane) licence holders must not contravene any conditions to which their licence is subject (subregulation 5.11(3)). Specifically, the exemption applies to licence holders employed by operators who provide a training and checking organisation under regulation 217 of CAR 1988. The instrument itself must be kept available for consultation in the operator’s operations manual. This ensures that the exemption is applied correctly and consistently across all relevant operators and that safety procedures are adhered to. Offences, penalties, or consequences for breaches of the Act or Regulations are not explicitly detailed within the instrument itself, but generally, violations of the Civil Aviation Act 1988 or the Civil Aviation Regulations 1988 can result in substantial penalties. Under the Civil Aviation Act 1988, an individual who contravenes a provision of the Act may be liable for a civil penalty of up to $222,200 (as of 2023), and in the case of a corporation, the penalty may be up to $1,111,000. Criminal penalties can also be imposed for more serious offences, with potential maximum penalties including fines and imprisonment. It is crucial for licence holders and operators to comply with the conditions set out in the Act and the Regulations to avoid these penalties and to ensure the safety of air navigation.