Explanatory Statement
Civil Aviation Regulations 1988
Exemption — Recent experience requirements
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Under regulation 5.09 of the Civil Aviation Regulations 1988 (CAR 1988), CASA must issue flight crew licences to applicants who satisfy statutory requirements. Under subregulation 5.11 (1), the licence may be subject to any condition that is necessary in the interests of the safety of air navigation. Under paragraph 5.11 (2) (c), a condition can be set out in Civil Aviation Orders (the CAOs) issued under regulation 303 of CAR 1988.
Under regulation 303 of CAR 1988, CASA may use CAOs to specify conditions of general application to classes of licences. Under subregulation 5.11 (3), a person must not contravene a condition to which his or her licence is subject.
In Civil Aviation Order 40.1.5 (CAO 40.1.5), CASA has specified conditions of general application to air transport pilot (aeroplane) licences.
One of these conditions, in paragraph 11.3 of CAO 40.1.5, requires recent flight experience (a recency requirement). Thus, where the holder of an air transport pilot (aeroplane) licence has not flown a particular type of aeroplane (type), including completion of 1 take-off and 1 landing in that type within the preceding 35 days, he or she must not act as pilot in command of that type in regular transport operations until he or she has completed in that type:
(a) 2 take-offs and 2 landings; or
(b) 3 hours flight time including 1 take-off and 1 landing.
Under subregulation 308 (1) of CAR 1988, CASA may exempt persons from compliance with specified provisions of CAR 1988 in relation to a category of aircraft. Under subregulation 308 (3), an exemption is subject to the person complying with any conditions which CASA specifies to be necessary in the interests of safety.
The instrument exempts air transport pilot (aeroplane) licence holders from compliance with subregulation 5.11 (3) to the extent that that subregulation requires them to comply with the recency requirement option of 3 hours of flight time under subparagraph (b) in paragraph 11.3.
As a condition of the exemption, however, a recency requirement option of 1 hour of flight time is substituted.
It is considered that, from a safety perspective, the time spent in the flight cruise phase beyond 1 hour adds no value to refreshing a pilot’s knowledge following an absence from flight. Recency is adequately covered in the critical phases of flight through the requirement to undertake a take-off and landing including climb and descent. In addition, cockpit procedures, navigation and communication procedures, transition from climb to cruise and transition from cruise to descent are refreshed during this flight time.
As a further safety precaution, the exemption applies only 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.
Legislative Instruments Act
By operation of subregulation 308 (4) of CAR 1988 and subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), the exemption is a legislative instrument for section 5 of the LIA. It is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument replaces a previous exemption which expired at the end of February 2007 (CASA EX03/2005). It applies to all RPT operators who satisfy its terms.
The exemption commences on 1 March 2007, after it is registered on the Federal Register of Legislative Instruments, and stops having effect at the end of February 2009.
The exemption has been made by the Chief Executive Officer, Operations, a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Exemption number CASA EX08/07]