Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — from recent experience requirements for air transport pilots
Legislation
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.
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 public transport (RPT) 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.
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, or a provision of 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.
The instrument exempts air transport pilot (aeroplane) licence holders from compliance with the recency requirement of 3 hours of flight time under subparagraph (b) in paragraph 11.3 of CAO 40.1.5.
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
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The instrument applies to a class of persons, the pilots in command of the exempted aircraft. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (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 2013 (CASA EX24/11). It applies to all RPT operators who satisfy its terms.
Human Rights Compatibility Statement
A statement of compatibility with human rights is at attachment 1.
Commencement and making
The instrument commences on 1 March 2013 and stops having effect at the end of February 2016.
This exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX11/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Exemption under regulation 11.160 — from recent experience requirements for
air transport pilots
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
The legislative instrument reduces the recency requirement of 3 hours of flight time under subparagraph (b) in paragraph 11.3 of CAO 40.1.5 to a requirement of 1 hour.
As a safety requirement, the exemption applies only to pilots employed by operators who provide a training and checking organisation under regulation 217 of CAR 1988.
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