Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — Requirement for conversion training to be in a Qualified Synthetic Training Device (QSTD)
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under regulation 5.22 of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions prescribing aircraft endorsements that must be held in certain circumstances. Under regulation 5.23, CASA may give directions setting out requirements for the issue of aircraft endorsements. These directions may be issued in the form of a Civil Aviation Order (CAO).
CAO 40.1.0 contains directions prescribing aircraft endorsements and requirements for the issue of such endorsements.
The B200 aircraft is operated by pilots holding an appropriate endorsement.
Certain directions apply to the conduct of conversion training for the issue of endorsements. Pilots seeking an endorsement to fly the B200 aircraft are subject to these directions.
Under paragraph 2A.3 of CAO 40.1.0, an endorsement to fly an aeroplane type following conversion training for the type may only be issued if the training was conducted in a QSTD. Paragraph 2B.2 states that a person approved by CASA to give conversion training may only give the training in accordance with paragraph 2B.3. Under paragraph 2B.3, conversion training for an aeroplane “mentioned in paragraph 2A.2” must not be conducted in an aeroplane but must be conducted in a QSTD. The B200 is an aeroplane to which this provision applies.
An exemption was sought from those directions for the B200 aircraft by the operator named in the exemption.
Issue of exemptions
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including CAR 1988, and the CAOs, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
Details of exemption
This instrument exempts the Royal Flying Doctor Service of Australia (Queensland Section) Limited (the operator) from compliance with paragraphs 2A.3, 2B.2 and 2B.3 of CAO 40.1.0 in relation to the operation of B200 aircraft.
The operator, and persons employed by the operator to issue endorsements and conduct conversion training, have been granted this exemption for the following reasons.
The only B200 simulator in Australia at the Ansett Simulator Centre in Melbourne is an analogue simulator.
The operator has provided to CASA a safety case demonstrating, in part, the significant differences between the analogue B200 simulator and the cockpit of the operator’s B200 aircraft.
The operator proposed that it conducted training in a B350 simulator rather than the analogue B200 simulator due to the similarity between the B350 simulator and the cockpit of its B200 aircraft.
Subsequently, the operator of the B350 simulator withdrew the B350 simulator from Australia and as such this opportunity is no longer available to the operator. As a result, the operator would have to send its pilots overseas for conversion training in an appropriate QTSD at considerable expense.
While commercial considerations are not normally taken into consideration by CASA, the operator is formally registered as a “not for profit” organisation and, given the nature of the services conducted by the operator, there may be ramifications associated with a decision to require the operator to expend significant sums of money to train pilots overseas, should such a decision have budgetary implications which result in a reduction of the operator’s air ambulance services.
In addition, CASA is satisfied that the operator has safety measures in place to manage the risk of conducting conversion training in the B200 aircraft, and, therefore, is able to support the position of the operator that it should not be required to train pilots in the inappropriate analogue B200 simulator available in Australia or have to send its pilots overseas.
Legislative Instruments Act
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. Under regulation 5A of CAR 1988, if CASA has issued a CAO, and CASA later issues an exemption that affects the operation of the CAO, the later document is declared to be a disallowable instrument. This instrument affects the operation of paragraphs 2A.3, 2B.2 and 2B.3 of CAO 40.1.0 and is, therefore, a legislative instrument.
As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation with the aviation industry as a whole has not taken place. CASA considers that no further consultation is appropriate or necessary since it is satisfied with the operator’s safety measures, its reasons for seeking the exemption and because the instrument applies only to the operator. If another operator sought a similar exemption in similar circumstances, CASA would be prepared to issue the exemption, if satisfied of the relevant safety measures and the unavailability of a QSTD in Australia.
Making and commencement
The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The instrument commences on the day of registration and expires at the end of February 2015, as if it had been repealed by another instrument.
[Instrument number CASA EX10/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — Requirement for conversion training to be in a Qualified Synthetic Training Device (QSTD)
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
This legislative instrument exempts B200 aircraft operated by the Royal Flying Doctor Service of Australia (Queensland Section) Limited from compliance with requirements for conversion training to be conducted in a QSTD.
The instrument expires at the end of February 2015, by which time it is anticipated that the relevant requirements will no longer apply.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority