CASA EX176/12 - Exemption - recency requirements for night flying (National Jet Express Pty Ltd)

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure that civil aviation operations in Australia are conducted safely and efficiently. This legislation allows the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulations to maintain safety standards while accommodating operational needs. The exemption for National Jet Express Pty Ltd, trading as Cobham Aviation Services Australia – Regional Services, was introduced to address the gap in allowing pilots to satisfy night flying recency requirements through approved flight simulators rather than solely relying on actual flights. This exemption was enacted by the Australian Government and aims to streamline pilot training and ensure that safety standards are met without undue restrictions on operational flexibility. The exemption aligns with international standards set by the International Civil Aviation Organization (ICAO) and European Joint Aviation Regulations, ensuring consistency and compatibility with global aviation safety practices. The exemption allows the operator to conduct necessary training and checks through approved simulators and their existing training and checking organisation, rather than requiring additional flight tests.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) exemption concerning recency requirements for night flying applies specifically to National Jet Express Pty Ltd, trading as Cobham Aviation Services Australia – Regional Services. The exemption allows the company to satisfy certain night flying recency requirements by using an approved flight simulator instead of conducting actual night flights in an aeroplane. This exemption pertains to commercial aeroplane pilots holding a commercial aeroplane pilot licence and air transport aeroplane pilots holding an air transport aeroplane pilot licence. The exemption permits these pilots to meet the recency requirements by carrying out three night take-offs and landings in an approved flight simulator or an aircraft of the same type within the preceding 90 days, or completing a proficiency check in an approved flight simulator or an aircraft of the same type within the preceding 180 days. The exemption is subject to the condition that the operator must have a current CASA-approved training and checking organisation. The exemption is designed to align with the requirements of the International Civil Aviation Organization (ICAO) and the European Joint Aviation Regulations, ensuring consistency with international standards. It exempts the operator from needing to undergo special flight tests as may be required by the Civil Aviation Safety Authority (CASA) and allows reliance on normal line flying and the training and checking organisation instead. The exemption is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. It does not raise any human rights issues and is compatible with human rights and freedoms as recognised or declared in international instruments. The exemption is effective from 1 December 2012 and ceases on 30 November 2015, renewing a previous exemption that expired at the end of November.

Key Provisions

The main sections of this exemption pertain to the Civil Aviation Safety Regulations 1998 and allow for a deviation from the usual recency requirements for night flying. Specifically, subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998 provides that the Civil Aviation Safety Authority (CASA) can grant exemptions from provisions of the regulations, including the Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Orders (CAOs). In this case, the exemption (paragraph 5.109(1)(b) and 5.170(1)(b) of CAR 1988) allows National Jet Express Pty Ltd, trading as Cobham Aviation Services Australia – Regional Services, to use an approved flight simulator to satisfy recency requirements instead of relying on flights in an aeroplane. This exemption permits the use of flight simulators for night take-offs and landings to meet the 90-day recency requirements, or proficiency checks to be completed within 180 days. The obligations and requirements imposed by this exemption on the parties it governs include that the operator must have a current CASA-approved training and checking organisation. Additionally, the conditions of the exemption must be consistent with the requirements of the International Civil Aviation Organization (ICAO) and the European Joint Aviation Regulations. The exemption allows the operator to rely on flight simulators to meet the recency requirements and to use its training and checking organisation instead of requiring the pilot to undergo special flight tests as may be required by CASA. This exemption applies to a class of persons and is a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The exemption does not specify any particular offences, penalties, or civil/criminal consequences for breach. However, CASA may impose conditions on the exemption if necessary in the interests of the safety of air navigation. Furthermore, any operator whose procedures and training and checking organisation are considered by CASA to make satisfactory provision for testing and training pilots for night flying operations would be granted an equivalent exemption. 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 is also in a form consistent with ICAO and European standards.