Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Safety Regulations 1998
Exemption — recency requirements for night flying (Jetstar Airways Pty Limited)
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 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 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 or (for paragraph 5.109 (1) (b) only) for the issue of an aeroplane pilot licence.
The exemption allows Jetstar Airways Pty Limited (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 requirements to be satisfied by 3 take-offs and 3 landings in the immediately preceding 90 days that have been carried out in an approved flight simulator or an aircraft of the same type. In addition, if it appears that the required number of take-offs and landings will not be possible, that period of 90 days can be extended up to a maximum of 120 days by the pilot having carried out a take-off and landing at night, during the last 30 days, while line flying or in a flight simulator under the supervision of a pilot who holds a delegation to issue or renew a rating or conduct a flight test. If neither of the previous requirements have been satisfied then the pilot would need to have successfully undertaken, in the immediately preceding 180 days, an approved test for requalification.
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 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. The tests and procedures in the training and checking organisation require approval by CASA.
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 or Civil Aviation Orders. 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. The exemption applies to a class of persons who act as pilots in command of aircraft operated by the operator. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003.
Consultation
Consultation within the aviation industry as a whole has not taken place. This instrument revokes and reissues instrument CASA EX92/10 which expires at the end of 30 November 2012. The instrument 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 registration and stops having effect at the end of 30 November 2014.
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 EX 132/11]
Overview
The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of commercial aviation operations within Australia, and they provide specific requirements for pilots operating commercial aeroplanes, including recency requirements for night flying. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations concerning aviation safety, and the Civil Aviation Safety Regulations 1998 (CAR 1988) outline the necessary recency requirements for pilots to fly aeroplanes carrying passengers, including specific criteria for night flying. The exemption related to Jetstar Airways Pty Limited, published under instrument number CASA EX 132/11, allows the operator to use approved flight simulators to meet the recency requirements for night flying instead of relying solely on actual flights. This exemption permits the operator to satisfy the requirements by conducting take-offs and landings in a simulator or supervised line flying, aligning with International Civil Aviation Organization (ICAO) and European Joint Aviation Regulations standards. This legislative measure was introduced to enhance the flexibility and efficiency of pilot training and recency while maintaining safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998 Exemption, as specified in F2011L02579, provides a regulatory exemption for Jetstar Airways Pty Limited concerning the recency requirements for night flying of commercial aeroplane pilots. This exemption applies specifically to the pilots in command of aircraft operated by Jetstar Airways, allowing them to satisfy the necessary recency requirements through approved flight simulators rather than actual night flights. This provision enables Jetstar Airways to use its approved flight simulators and training and checking organisation, thereby reducing the need for pilots to undergo special flight tests as might otherwise be mandated by the Civil Aviation Safety Authority (CASA). The exemption aligns with the standards set by the International Civil Aviation Organization (ICAO) and European Joint Aviation Regulations. The exemption is a legislative instrument and is subject to the processes of tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption is in effect from the day after registration and will cease on 30 November 2014.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 (CAR 1998) set out the requirements for commercial and air transport aeroplane pilots to ensure they meet certain recency requirements for night flying. Specifically, under subregulation 5.109(1) and subregulation 5.170(1), pilots must satisfy certain conditions relating to night take-offs and landings within the preceding 90 days, either by actual flight experience or through completing a proficiency check or flight test. This exemption, however, allows Jetstar Airways Pty Limited to use an approved flight simulator to meet these recency requirements instead of relying solely on flights in an aeroplane. The exemption provides that pilots can satisfy the night flying recency requirements by conducting take-offs and landings in an approved flight simulator or by undertaking a night take-off and landing in an aeroplane within the last 30 days. If these conditions are not met, a requalification test within the preceding 180 days is necessary.
The exemption imposes specific obligations on Jetstar Airways Pty Limited and its pilots. The operator must ensure that its pilots use an approved flight simulator to meet the recency requirements for night flying, or they must conduct the required take-offs and landings in an aeroplane within the stipulated timeframe. Additionally, if the required number of simulator or aeroplane take-offs and landings are not feasible, the period for compliance can be extended up to 120 days by conducting a night take-off and landing in the last 30 days, either in an aeroplane or a flight simulator under supervision. If neither of these conditions is met, pilots must successfully complete an approved requalification test within the preceding 180 days.
Failure to comply with the conditions set out in the exemption can lead to various consequences. Under the Civil Aviation Act 1988, non-compliance with the regulations can result in civil penalties, including fines and potential criminal charges for serious breaches. The maximum penalties for such offences can be substantial, reflecting the critical nature of ensuring pilot competency and safety in aviation operations. It is essential for Jetstar Airways Pty Limited to adhere to these requirements to maintain compliance with aviation safety standards and avoid the associated penalties and legal ramifications.