CASA EX08/12 – Exemption - recency requirements for night flying (Skywest Airlines Pty Ltd)

Overview

The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulations governing civil aviation in Australia, ensuring safety and efficiency in air travel. A notable exemption within these regulations is the one issued for Skywest Airlines Pty Ltd, allowing the company to use approved flight simulators to meet the recency requirements for night flying, rather than relying solely on flights in an aeroplane. This exemption, granted under regulation 11.160 of the Civil Aviation Safety Regulations 1998, applies specifically to Fokker F28–100 aeroplanes and modifies the standard recency requirements for commercial and air transport aeroplane pilots. Instead of the usual requirement of three night take-offs and landings within 90 days, Skywest Airlines can satisfy these requirements through simulator training or, under certain conditions, extend the period to 120 days. This exemption aligns with International Civil Aviation Organization (ICAO) and European Joint Aviation Regulations, aiming to enhance the efficiency and safety of the operator's night flying operations by leveraging approved simulators and training protocols. The exemption, subject to the Legislative Instruments Act, is in place from 1 February 2012 until 31 January 2015.

Scope and Application

The Civil Aviation Regulations 1988, as amended, set forth stringent requirements for commercial and air transport pilots engaged in night flying operations, stipulating that these pilots must have completed a specified number of take-offs and landings at night or have undergone relevant training and testing within a defined period. However, under the Civil Aviation Act 1988, the Governor-General has the authority to issue exemptions from these regulations. Specifically, this Act applies to Skywest Airlines Pty Ltd, allowing the company to utilise approved flight simulators to meet the recency requirements for night flying instead of conducting flights in an aeroplane. This exemption applies solely to Fokker F28–100 aeroplanes, providing flexibility in the completion of required night flying tasks by allowing simulator-based training as an alternative to actual flight experience. This legislative exemption is designed to be consistent with international standards, notably those of the International Civil Aviation Organization and European Joint Aviation Regulations, ensuring that the operator's practices align with globally recognised safety benchmarks. The exemption is a legislative instrument subject to parliamentary scrutiny under the Legislative Instruments Act 2003, and it is compatible with human rights and freedoms as outlined in relevant international instruments. The exemption was renewed and is effective from 1 February 2012 until 31 January 2015, subject to CASA’s regulatory framework.

Key Provisions

The key provisions of the Civil Aviation Regulations 1988 (CAR 1988) as modified by this exemption, pertain primarily to the recency requirements for night flying operations. Specifically, Sections 5.109(1) and 5.170(1) establish that commercial and air transport pilots must meet certain recency requirements, such as performing at least three night take-offs and landings within the previous 90 days, or successfully completing a proficiency check or flight test at night (5.109(1)(b) and 5.170(1)(b)). This exemption under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998), allows Skywest Airlines Pty Ltd to meet these recency requirements through the use of an approved flight simulator, instead of relying solely on actual flights in an aeroplane. This applies exclusively to Fokker F28-100 aeroplanes. The exemption imposes certain obligations on Skywest Airlines Pty Ltd. The airline must ensure that its pilots meet the recency requirements either by performing three night take-offs and landings in an approved flight simulator within the preceding 90 days or by completing a night proficiency check or flight test. If the required number of take-offs and landings cannot be achieved within 90 days, the period may be extended to 120 days by conducting a night take-off and landing under supervision by a qualified pilot 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. Failure to comply with the conditions of this exemption may result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with the regulations or with an exemption granted under the Act can lead to civil or criminal penalties. The exact penalties for breaching these provisions can vary, but they can include substantial fines and, in severe cases, imprisonment. The severity of the penalty typically depends on the nature and extent of the breach, as well as any harm caused as a result of the non-compliance. The exemption is designed to align with international standards, particularly those set by the International Civil Aviation Organization (ICAO) and the European Joint Aviation Regulations. By meeting these international standards, the exemption ensures that Skywest Airlines Pty Ltd maintains a level of safety and proficiency that is globally recognised. Furthermore, the exemption is subject to parliamentary scrutiny under the Legislative Instruments Act 2003 and must be tabled and may be disallowed by Parliament. This ensures that the exemption is subject to oversight and can be challenged if necessary, maintaining the integrity and safety of the aviation industry.