CASA EX11/13 - Exemption - from recent experience requirements for air transport pilots

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998), as amended by F2013L00260, address the need for updated recency requirements for air transport pilots. Enacted under the authority of the Civil Aviation Act 1988, this legislation empowers the Governor-General to make regulations to ensure the safety of air navigation. The Civil Aviation Safety Authority (CASA), established under these regulations, is responsible for issuing flight crew licences and imposing conditions on air transport pilot licences, including recent flight experience requirements. The legislative instrument in question specifically modifies the recency requirement for air transport pilots, substituting a 3-hour flight time requirement with a 1-hour requirement. This change is based on the premise that the time spent in the flight cruise phase beyond 1 hour does not significantly contribute to refreshing a pilot's knowledge following a period away from flight. The exemption is conditioned on the pilot being employed by operators who provide a training and checking organisation, ensuring that the safety standards are upheld. The instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the Act, and regulation 11.160(1) empowers the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory provisions, including those outlined in the Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Orders (CAO). Specifically, this legislation targets air transport pilots (aeroplane) licence holders by modifying the recency requirement, allowing a substitution of 1 hour of flight time instead of the standard 3 hours, provided certain conditions are met. This exemption applies only to pilots employed by operators who provide a training and checking organisation under regulation 217 of CAR 1998, and it is subject to conditions that ensure the safety of air navigation. The exemption is published on the Internet and ceases 3 years after its commencement unless a specific end date is provided. This legislative instrument is also subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, and it has been deemed compatible with human rights as it does not engage any applicable rights or freedoms.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide, under subregulation 11.160(1), that the Civil Aviation Safety Authority (CASA) can grant an exemption from certain provisions of the regulations, including the Civil Aviation Regulations 1988 (CAR 1988), or the Civil Aviation Orders (CAOs), if it is in the interests of the safety of air navigation. In this case, subregulation 11.160(1) allows CASA to exempt air transport pilot (aeroplane) licence holders from the recent flight experience requirement under subparagraph (b) in paragraph 11.3 of CAO 40.1.5, which mandates 3 hours of flight time for certain types of aircraft. The exemption replaces this requirement with a 1-hour flight time requirement, reflecting CASA’s assessment that the flight cruise phase beyond 1 hour adds no significant value to refreshing a pilot’s knowledge following an absence from flight. The exemption is considered sufficient to maintain safety as it ensures pilots adequately refresh their knowledge during critical phases of flight such as take-off, landing, climb, and descent. The obligations imposed by this exemption are primarily on the pilots and the operators employing them. Pilots must adhere to the reduced flight time requirement to remain compliant with the exemption. Additionally, operators who wish to benefit from this exemption must provide a training and checking organisation as per regulation 217 of CAR 1998. This ensures that the pilots remain adequately trained and checked to maintain safety standards. Operators are also required to keep the exemption instrument available for consultation in their operations manual. This ensures that the pilots and relevant personnel are aware of and understand the exemption and its conditions. The Civil Aviation Safety Regulations 1998 include provisions for potential offences and penalties for non-compliance. While the specific penalties for breaching the recent flight experience requirements are not detailed in the exemption itself, general penalties for non-compliance with CASA regulations can include fines, suspension or revocation of licences, and other administrative actions. The maximum penalties for such breaches can vary but are significant, reflecting the high safety standards required in the aviation industry. Civil penalties can reach up to $1,650 per breach for individuals and $8,250 for corporations, while criminal penalties can include imprisonment, reflecting the seriousness of ensuring aviation safety. The exemption under subregulation 11.160(1) is subject to certain conditions and limitations. Notably, it only applies to pilots employed by operators who provide a training and checking organisation under regulation 217 of CAR 1998. This ensures that the pilots maintain the necessary training and checking standards to ensure safety. Furthermore, the exemption must be kept available for consultation in the operator’s operations manual. This ensures transparency and compliance within the operator’s organisation. The exemption also specifies that it will cease on a date determined within it, but no later than three years after its commencement, ensuring that it remains current and relevant to safety standards.