CASA EX163/12 - Exemption - recency requirements for night flying (Virgin Australia International Airlines Pty Ltd)

Overview

The Civil Aviation Safety Regulations 1998 were amended to create an exemption for Virgin Australia International Airlines Pty Ltd, allowing the operator to use an approved flight simulator to satisfy recency requirements instead of relying on flights in an aeroplane. This amendment was introduced to address the operational needs of the airline while ensuring safety standards are maintained. The exemption was enacted under section 98 of the Civil Aviation Act 1988, empowering the Governor-General to make regulations. The primary objective of this exemption is to enable the airline to rely on its approved training and checking organisation for meeting the recency requirements, thereby reducing the need for pilots to undergo special flight tests as may be required by the Civil Aviation Safety Authority (CASA). This legislative instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The exemption is compatible with the human rights and freedoms recognised in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, as it does not raise any human rights issues.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide for an exemption from certain recency requirements for night flying for Virgin Australia International Airlines Pty Ltd. This exemption applies to the operator, allowing it to use an approved flight simulator to meet the recency requirements instead of relying solely on flights in an aeroplane. The exemption renews a previous exemption (CASA EX79/10) without any changes to its terms. It enables the operator to meet the recency requirements through flight simulators and normal line flying, in addition to its training and checking organisation, as long as these are approved by the Civil Aviation Safety Authority (CASA). This exemption is granted under section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations. The exemption is a legislative instrument and, as such, is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The exemption 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 as it does not raise any human rights issues. The exemption commences on the day of registration and will cease to have effect at the end of 31 October 2013. It has been made by a delegate of CASA under regulation 11.260 of CASR 1998.

Key Provisions

The Civil Aviation Safety Regulations 1998, as amended by this legislation (F2012L02146), specifically address the recency requirements for night flying by granting an exemption to Virgin Australia International Airlines Pty Ltd. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to enact these regulations. Subregulations 5.109(1) and 5.170(1) of the Civil Aviation Regulations 1988 (CAR 1988) outline that commercial and air transport aeroplane pilots must satisfy certain recency requirements to fly an aeroplane carrying another person. These requirements include completing at least three take-offs and three landings at night within the preceding 90 days or passing a relevant proficiency check or flight test. The exemption allows Virgin Australia International Airlines Pty Ltd to use an approved flight simulator to meet these recency requirements instead of relying solely on actual night flights. This change enables the airline to satisfy the regulatory requirements through alternative means, specifically flight simulators, while continuing their normal operations. This exemption imposes specific obligations on Virgin Australia International Airlines Pty Ltd. The airline must ensure that its pilots meet the stipulated recency requirements through the approved flight simulator or other approved methods. The exemption allows the airline to utilise its training and checking organisation, which must have CASA approval. The organisation's procedures must meet the safety standards set by CASA, ensuring that pilots are adequately trained and proficient in night flying operations. The exemption requires the airline to maintain records and documentation to demonstrate compliance with the regulatory requirements, including proof of simulator training and any other approved training methods. There are no explicit offences, penalties, or civil/criminal consequences detailed in this particular exemption for failure to comply with the conditions. However, non-compliance with the Civil Aviation Safety Regulations 1998 in general could result in enforcement actions by CASA, including the possibility of fines, suspension, or revocation of the airline's operating licence. The severity of the penalties would depend on the nature and extent of the non-compliance and could be determined by CASA under its regulatory authority. The exemption itself, while providing flexibility, must still be operated within the overarching framework of aviation safety regulations to ensure the highest standards are maintained.