CASA EX19/09 – Exemption – recent experience requirements

Overview

The Civil Aviation Regulations 1988, amended by F2009L00707, was enacted to address the need for updated requirements regarding the recent flight experience of air transport pilots, particularly those operating in regular transport operations (RPT). This legislation empowers the Governor-General to make regulations in the interest of safety, as per section 98 of the Civil Aviation Act 1988. The instrument introduced by the Australian Civil Aviation Safety Authority (CASA) exempts air transport pilot (aeroplane) licence holders from certain recency requirements, substituting a one-hour flight time requirement for the previously mandated three-hour flight time. This change was made under subregulation 308(1) of the Civil Aviation Regulations 1988, which allows exemptions subject to safety conditions specified by CASA. The policy objective is to ensure safety without imposing unnecessary flight time burdens on pilots, based on the reasoning that critical flight phases adequately refresh pilot knowledge. This exemption applies only to pilots employed by operators who provide a training and checking organisation, with the instrument kept available for consultation in the operator’s operations manual.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the exemption instrument CASA EX19/09, apply to air transport pilot (aeroplane) licence holders employed by operators who provide a training and checking organisation under regulation 217 of the Civil Aviation Regulations 1988. The exemption instrument is a legislative instrument made under section 98 of the Civil Aviation Act 1988 and is subject to the tabling and disallowance provisions of the Legislative Instruments Act 2003. The exemption exempts eligible licence holders from the recency requirement of 3 hours flight time to a reduced requirement of 1 hour flight time, on the condition that the operator maintains the instrument in its operations manual. This exemption is designed to ensure safety while recognising that flight time beyond 1 hour in the cruise phase does not significantly enhance a pilot’s recency following a period away from flight. The exemption is effective from the date of its registration until 28 February 2011, replacing a previous exemption that expired at the end of February 2009.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) mandate that the Civil Aviation Safety Authority (CASA) must issue flight crew licences to applicants who meet statutory requirements under regulation 5.09 (1). Licences may be subject to conditions necessary for the safety of air navigation as per subregulation 5.11 (1) and (2) (c). For air transport pilot (aeroplane) licences, CASA specified in Civil Aviation Order 40.1.5 (CAO 40.1.5) that a pilot must have recent flight experience (recency requirement) to act as pilot in command of a particular aeroplane type in regular transport operations (RPT). This experience includes either two take-offs and two landings or three hours of flight time, including one take-off and one landing, within the preceding 35 days (paragraph 11.3 of CAO 40.1.5). Under regulation 308 (1) of CAR 1988, CASA may exempt persons from compliance with specified provisions of CAR 1988 if it is in the interests of safety. The exemption in this case, applies to air transport pilot (aeroplane) licence holders from the recency requirement of three hours of flight time under subparagraph (b) in paragraph 11.3 of CAO 40.1.5. However, a condition of this exemption is that a recency requirement of one hour of flight time is substituted instead. This substitution is deemed sufficient for refreshing a pilot’s knowledge following an absence from flight. The exemption is further conditioned on the licence holder being employed by operators who provide a training and checking organisation under regulation 217 of CAR 1988 and requires the instrument to be kept available for consultation in the operator’s operations manual. The exemption is considered a legislative instrument for section 5 of the Legislative Instruments Act 2003 (LIA), and as such, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. However, consultation under section 17 of the LIA has not been undertaken in this case. This exemption replaces a previous exemption which expired at the end of February 2009 (CASA EX08/07) and applies to all RPT operators who satisfy its terms. The exemption commences on the day it is registered and will cease to have effect at the end of 28 February 2011. The exemption has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988. There are no specific offences, penalties, or civil/criminal consequences outlined in the legislation for breach of this exemption. However, failure to comply with the conditions of the exemption, or any other provisions of CAR 1988, could potentially lead to CASA taking enforcement action, such as licence suspension or revocation, against the individual or the operator. The exact penalties for such actions would depend on the specific circumstances of the breach and would be determined by CASA in accordance with the provisions of CAR 1988.