CASA EX127/11 - Exemption - recency requirements for night flying (Eastern Australia Airlines Pty Limited and Sunstate Airlines (Qld) Pty Limited)

Overview

The Civil Aviation Safety Regulations 1998 (CASR) were enacted to ensure safety in civil aviation, particularly concerning pilot recency and competency requirements. The regulations were introduced to address the need for clear and consistent standards in pilot training and operations to maintain high safety levels in the aviation industry. This particular legislative instrument, F2011L02494, was enacted by the Civil Aviation Safety Authority (CASA) under the authority granted by Section 98 of the Civil Aviation Act 1988. The exemption, which applies to Eastern Australia Airlines Pty Limited and Sunstate Airlines (Qld) Pty Limited (collectively known as Qantaslink), allows these operators to use approved flight simulators to satisfy night flying recency requirements instead of relying solely on flights in an aeroplane. This exemption aligns with international standards set by the International Civil Aviation Organization (ICAO) and European Joint Aviation Regulations, thereby facilitating compliance with global safety benchmarks. The policy objective is to enable the operators to maintain pilot proficiency through their approved training and checking organisations, ensuring safety without the need for special flight tests mandated by CASA.

Scope and Application

The Civil Aviation Safety Regulations 1998 Exemption, specifically CASA EX127/11, pertains to Eastern Australia Airlines Pty Limited and Sunstate Airlines (Qld) Pty Limited, commonly known as Qantaslink. This exemption allows these airlines to use approved flight simulators to meet certain recency requirements for night flying instead of relying solely on actual flights. Under this exemption, commercial and air transport pilots employed by these airlines can satisfy the night flying recency requirements by performing three take-offs and three landings at night in an approved flight simulator or an aircraft of the same type within the immediately preceding 90 days. This period can be extended to 120 days if the pilot has carried out a take-off and landing at night during the last 30 days while line flying under the supervision of a pilot with the authority to issue or renew a rating or conduct a flight test. If neither of these conditions is met, the pilot must have successfully completed an approved requalification test within the preceding 180 days. This exemption is largely consistent with the requirements set by the International Civil Aviation Organization and the European Joint Aviation Regulations. The exemption applies to pilots in command of aeroplanes operated by the specified airlines and is considered a legislative instrument under the Legislative Instruments Act, subject to tabling and disallowance in the Parliament. The exemption was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority and is effective from 1 December 2011 to 30 November 2014.

Key Provisions

The Civil Aviation Safety Regulations 1998, under the authority granted by section 98 of the Civil Aviation Act 1988, provide exemptions from certain recency requirements for night flying, specifically tailored for Eastern Australia Airlines Pty Limited and Sunstate Airlines (Qld) Pty Limited, collectively referred to as Qantaslink. Subregulation 5.109(1) and subregulation 5.170(1) of the Civil Aviation Regulations 1988 mandate that commercial and air transport aeroplane pilots must meet specific recency requirements before flying an aeroplane carrying another person. These requirements include completing at least 3 take-offs and 3 landings at night, either as pilot in command or through dual flying, or alternatively, satisfactorily completing a proficiency check or a flight test conducted at night. The exemption, however, allows these pilots to satisfy these recency requirements by using an approved flight simulator instead of conducting actual night flights. The exemption introduces flexibility by permitting the use of an approved flight simulator to meet the recency requirements. Pilots can complete the necessary take-offs and landings in the simulator or in an aircraft of the same type. Moreover, if the required number of night take-offs and landings cannot be achieved within 90 days, the period can be extended to a maximum of 120 days, provided the pilot has conducted a night take-off and landing under the supervision of a suitably delegated pilot during the last 30 days. If neither of these conditions is met, the pilot must successfully complete an approved requalification test within the preceding 180 days. These conditions are designed to be consistent with International Civil Aviation Organization (ICAO) and European Joint Aviation Regulations standards. The exemption imposes specific obligations on Eastern Australia Airlines Pty Limited and Sunstate Airlines (Qld) Pty Limited. It mandates that these operators rely on their approved flight simulators and their training and checking organisation for pilot recency requirements, rather than requiring pilots to undergo special flight tests as may be required by the Civil Aviation Safety Authority (CASA). The operators must ensure that their training and checking organisation meets CASA's approval standards and provides adequate testing and training for night flying operations. Additionally, the exemption requires that any pilot in command of aeroplanes operated by these airlines adheres to the stipulated recency requirements, whether through actual flight experience or approved simulator training. Breach of the conditions set out in the exemption could lead to various consequences. Although the explanatory statement does not explicitly detail specific offences or penalties, it is reasonable to infer that non-compliance with the Civil Aviation Regulations 1988, including the exemption provisions, could result in enforcement actions by CASA. Such actions may include fines, suspension or revocation of pilot licences, or other regulatory measures. The maximum penalties for breaches of the Civil Aviation Act 1988 and associated regulations can vary, but they may include substantial financial penalties and imprisonment for serious offences. The specific penalties would depend on the nature and severity of the breach.