Explanatory Statement
Civil Aviation Regulations 1988
Exemption — recency requirements for night flying (National Jet Express Pty Ltd)
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) 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 the 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 the 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 National Jet Express Pty Ltd, trading as Cobham Aviation Services Australia – Regional Services (the operator) to use an approved flight simulator to satisfy recency requirements instead of relying on flights in an aeroplane. 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 night take-offs and 3 night landings in the immediately preceding 90 days that have been carried out in an approved flight simulator or an aircraft of the same type. Alternatively, if that requirement is not satisfied, it requires the pilot to have completed, in the immediately preceding 180 days, a proficiency check in an approved flight simulator or an aircraft of the same type.
The operator must have a current CASA approved training and checking organisation.
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.
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. 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 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 30 November 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 EX103/10]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were amended by the instrument F2010L03112, enacted in 2010, to provide an exemption for National Jet Express Pty Ltd, trading as Cobham Aviation Services Australia – Regional Services, from certain recency requirements for night flying. This exemption was introduced to address the need for alternative means of meeting recency requirements, specifically for night take-offs and landings, by allowing the use of approved flight simulators. The exemption was made under the authority of Section 98 of the Civil Aviation Act 1988, empowering the Governor-General to make regulations. The policy objective is to ensure that pilots meet necessary recency requirements for safe operations, while also considering efficient and practical methods of compliance, such as the use of flight simulators. The exemption is aligned with international standards set by the International Civil Aviation Organization (ICAO) and European Joint Aviation Regulations, ensuring consistency with global aviation safety practices.
Scope and Application
The Civil Aviation Regulations 1988 Exemption pertains specifically to recency requirements for night flying operations, as granted to National Jet Express Pty Ltd, trading as Cobham Aviation Services Australia – Regional Services. This exemption applies to commercial aeroplane pilots and air transport aeroplane pilots, who are holders of a commercial aeroplane pilot licence and an air transport aeroplane pilot licence, respectively, under the Civil Aviation Act 1988. The exemption allows the operator to use an approved flight simulator to meet the recency requirements, deviating from the standard stipulations of Subregulations 5.109(1)(b) and 5.170(1)(b) of the Civil Aviation Regulations 1988, which necessitate specific night take-offs and landings or proficiency checks within a 90-day period. Instead, the exemption permits the completion of these requirements in an approved flight simulator or an aircraft of the same type, either within the preceding 90 days or the preceding 180 days for a proficiency check. The exemption is subject to the operator having a current CASA-approved training and checking organisation and adheres to International Civil Aviation Organization and European Joint Aviation Regulations standards. This legislative instrument is a disallowable instrument under the Legislative Instruments Act 2003, thus subject to tabling and disallowance in Parliament. The exemption is effective from the day after its registration and expires on 30 November 2012.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) mandate that commercial and air transport pilots must meet specific recency requirements before flying an aeroplane carrying passengers. These requirements, outlined in subregulations 5.109(1) and 5.170(1) of CAR 1988, include completing at least three night take-offs and landings within the last 90 days, either by flying an aeroplane as pilot in command or by completing a proficiency check or flight test conducted at night. This exemption, however, provides an alternative for National Jet Express Pty Ltd, trading as Cobham Aviation Services Australia – Regional Services, allowing them to meet these recency requirements through the use of an approved flight simulator instead of actual night flights. This means that the required night take-offs and landings can be performed in a simulator, or alternatively, a proficiency check can be completed in the simulator within the preceding 180 days.
The obligations imposed by this exemption on National Jet Express Pty Ltd include maintaining a current CASA-approved training and checking organisation. This ensures that the operator's procedures and training methods are up to standard and capable of adequately preparing pilots for night flying operations. The exemption stipulates that these standards must align with those set by the International Civil Aviation Organization (ICAO) and the European Joint Aviation Regulations. It also allows the operator to rely on their normal line flying and internal training and checking organisation rather than requiring pilots to undergo additional special flight tests that might otherwise be mandated by the Civil Aviation Safety Authority (CASA).
Failure to comply with the conditions set out in this exemption could result in civil or criminal penalties. The specific consequences for breach are not detailed in the text provided, but typically, non-compliance with aviation regulations can lead to fines, suspension or revocation of pilot licenses, and other enforcement actions by CASA. The maximum penalties for such breaches would depend on the severity and nature of the violation, as well as any relevant precedents or statutory limits.
This exemption is a legislative instrument under the Legislative Instruments Act 2003 (LIA) and is subject to disallowance in the Parliament. The instrument is declared to be a disallowable instrument, meaning it must be tabled and can be subject to disallowance by either house of Parliament within the prescribed period. The exemption is effective from the day after its registration and remains in force until the end of 30 November 2012, at which point it will cease to have effect. This exemption was made by the Director of Aviation Safety on behalf of CASA, in accordance with the provisions of the Civil Aviation Act 1988.