CASA EX08/07 - Exemption - Recent experience requirements

Overview

The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation, provide the legislative framework for the regulation of civil aviation in Australia. The instrument F2007L00556, issued under the authority of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, addresses the gap in recent flight experience requirements for air transport pilot (aeroplane) licence holders. It was introduced to streamline and potentially enhance the safety measures surrounding flight recency without compromising the safety of air navigation. This legislative instrument, issued by the Civil Aviation Safety Authority (CASA), serves to exempt certain licence holders from the more stringent flight time requirements, substituting them with a reduced flight time of 1 hour, while maintaining stringent safety conditions. This exemption applies only to pilots employed by operators who have a training and checking organisation under the Civil Aviation Regulations 1988, ensuring that the safety net remains robust. The exemption is subject to disallowance by the Parliament and is in effect until the end of February 2009.

Scope and Application

The Civil Aviation Regulations 1988 provide a framework for ensuring the safety of air navigation, and under the authority of the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) issues flight crew licences to applicants who meet statutory requirements. One particular condition, outlined in Civil Aviation Order 40.1.5, requires recent flight experience for holders of air transport pilot (aeroplane) licences. Specifically, if a pilot has not flown a particular type of aeroplane within the preceding 35 days, they must complete a certain amount of flight time before acting as the pilot in command in regular transport operations. However, the Civil Aviation Regulations 1988 also allow CASA to exempt certain licence holders from compliance with these recency requirements, provided that specified conditions are met to ensure safety. This exemption applies to licence holders employed by operators who provide a training and checking organisation under regulation 217 of the Civil Aviation Regulations 1988 and is subject to tabling and disallowance in the Parliament. The exemption is in effect from 1 March 2007 until the end of February 2009, and consultation under the Legislative Instruments Act 2003 has not been undertaken in this case. The instrument replaces a previous exemption which expired at the end of February 2007.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) that pertain to this exemption relate to flight crew licences (sections 5.09 and 5.11) and the conditions that can be applied to these licences (sections 303 and 308). Section 5.09 mandates the Civil Aviation Safety Authority (CASA) to issue flight crew licences to applicants who meet statutory requirements, and section 5.11 allows for the imposition of conditions on these licences to ensure safety in air navigation. Section 303 permits CASA to specify general conditions for classes of licences through Civil Aviation Orders (CAOs), while section 308 grants CASA the authority to exempt individuals from certain provisions of the CAR 1988 under specified conditions. The obligations imposed by this Act on the parties it governs are primarily centred around ensuring safety in air navigation. Licence holders must adhere to the conditions specified in their licences and any applicable CAOs. In this instance, the exemption allows air transport pilot (aeroplane) licence holders to operate without meeting the standard recency requirement of 3 hours flight time, provided they complete 1 hour of flight time instead. However, this exemption is conditional on the licence holders being employed by operators who maintain a training and checking organisation under regulation 217 of the CAR 1988, and the exemption instrument must be readily available for consultation in the operator's operations manual. This ensures that even with the reduced flight time requirement, safety standards are not compromised. The consequences for non-compliance with the conditions outlined in the exemption are significant. Any breach of the conditions specified in a licence holder's licence, including failure to meet the adjusted recency requirements, could result in the licence holder contravening subregulation 5.11(3). The Civil Aviation Act 1988 does not explicitly detail the penalties for such breaches, but generally, non-compliance could lead to severe repercussions, including suspension or revocation of the licence, which would prevent the individual from acting as pilot in command. The severity of the penalties reflects the importance of maintaining high safety standards in aviation. Additionally, under the Legislative Instruments Act 2003 (LIA), the exemption is considered a legislative instrument and is subject to the provisions of the LIA. Specifically, it must be tabled and can be disallowed by the Parliament under sections 38 and 42 of the LIA. This means that if the exemption were to be challenged or deemed inappropriate, it could be subject to parliamentary scrutiny and potential disallowance. The exemption was made by the Chief Executive Officer, Operations, as a delegate of CASA, under subregulation 7(1) of CAR 1988, and it has a defined term, commencing on 1 March 2007 and ending at the end of February 2009.