CASA EX113/12 - Exemption - recency requirements for night flying (Tiger Airways Australia Pty Limited)

Overview

The Civil Aviation Safety Regulations 1998, as amended by F2012L01558, introduce an exemption specifically for Tiger Airways Australia Pty Limited concerning the recency requirements for night flying operations. Enacted in 2012, this exemption addresses the gap in existing regulations by allowing the airline to use an approved flight simulator to satisfy the recency requirements instead of relying solely on flights in an aeroplane. This is particularly beneficial for the operator as it aligns with its specific training and proficiency program for night flying operations, which includes sequences in an approved simulator that are not typically available in the aircraft. The exemption was introduced under the authority granted by Section 98 of the Civil Aviation Act 1988, empowering the Governor-General to make regulations. The policy objective is to ensure the safe conduct of night operations by enabling the operator to meet regulatory standards through its established training program. The exemption is subject to conditions and will cease to have effect by the end of 31 July 2015, aligning with the legislative framework of the Civil Aviation Safety Regulations 1998.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by the exemption for recency requirements for night flying for Tiger Airways Australia Pty Limited, applies specifically to the airline and its pilots holding a commercial or air transport aeroplane pilot licence. The exemption allows Tiger Airways Australia to use an approved flight simulator to meet the recency requirements for night flying, instead of conducting the required number of take-offs and landings in an actual aeroplane. This exemption extends to the airline's pilots, enabling them to satisfy the recency requirements through approved simulator training, which aligns with International Civil Aviation Organization and European Joint Aviation Regulations standards. The exemption is subject to conditions that ensure the safety of air navigation, and it is published on the Internet, as mandated by the Civil Aviation Safety Regulations 1998. The exemption is applicable nationally within Australia and is a legislative instrument under the Legislative Instruments Act 2003, which requires tabling and disallowance in the Parliament. The exemption does not raise any human rights issues and is compatible with the human rights and freedoms recognised in international instruments. The exemption was made by a delegate of the Civil Aviation Safety Authority and commenced on 1 August 2012, expiring on 31 July 2015.

Key Provisions

The Civil Aviation Safety Regulations 1998, under section 11.160(1), allow the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory requirements for safety reasons, as per section 98(5A) of the Civil Aviation Act 1988. The exemption in question, detailed in subregulation 11.160(2), permits Tiger Airways Australia Pty Limited to use an approved flight simulator to meet the night flying recency requirements outlined in paragraphs 5.109(1)(b) and 5.170(1)(b) of the Civil Aviation Regulations 1988 (CAR 1988). This exemption allows pilots to satisfy the recency requirements through three take-offs and landings in a flight simulator or an aircraft of the same type within the preceding 90 days, or alternatively, within 120 days if additional conditions are met. These conditions include performing a take-off and landing at night under supervision in the last 30 days or successfully completing an approved requalification test in the preceding 180 days if neither of the previous conditions can be met. The exemption imposes specific obligations on Tiger Airways Australia Pty Limited. It requires the airline to ensure that pilots meet the stipulated recency requirements through approved flight simulators or aircraft of the same type. If the required number of take-offs and landings cannot be completed within 90 days, the airline must extend the period to a maximum of 120 days by having the pilot perform a night take-off and landing under supervision. Alternatively, pilots must complete an approved requalification test within the preceding 180 days if neither of the previous conditions is met. The exemption also mandates that the airline's training and proficiency program must contain specific night flying sequences in an approved simulator, enhancing the safe conduct of night operations. Under the Civil Aviation Safety Regulations 1998, there are potential civil and criminal consequences for non-compliance with the provisions of this exemption. Although the specific penalties are not detailed in the explanatory statement, generally, non-compliance with CASA regulations can result in penalties, including fines and potential prosecution. The severity of the penalties may depend on the nature and extent of the breach, as well as any harm caused by the non-compliance. CASA has the authority to take enforcement actions to ensure adherence to the safety standards outlined in the regulations. The exemption is designed to align with the standards set by the International Civil Aviation Organization (ICAO) and the European Joint Aviation Regulations. It is also consistent with the requirements of the Legislative Instruments Act 2003, as it applies to a class of persons and is therefore considered a legislative instrument. This means it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. Furthermore, the exemption is deemed compatible with human rights and freedoms as it does not raise any human rights issues and does not engage any of the applicable rights or freedoms recognised in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The exemption commences on 1 August 2012 and ceases to have effect on 31 July 2015.