Explanatory Statement
Civil Aviation Regulations 1988
Exemption — recent experience requirements
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Under regulation 5.09 of the Civil Aviation Regulations 1988 (CAR 1988), CASA must issue flight crew licences to applicants who satisfy statutory requirements. Under subregulation 5.11 (1) of CAR 1988, the licence may be subject to any condition that is necessary in the interests of the safety of air navigation. Under paragraph 5.11 (2) (c), a condition can be set out in Civil Aviation Orders (the CAOs) issued under regulation 303 of CAR 1988.
Under regulation 303 of CAR 1988, CASA may use CAOs to specify conditions of general application to classes of licences. Under subregulation 5.11 (3), a person must not contravene a condition to which his or her licence is subject.
In Civil Aviation Order 40.1.5 (CAO 40.1.5), CASA has specified conditions of general application to air transport pilot (aeroplane) licences. One of these conditions, in paragraph 11.3 of CAO 40.1.5, requires recent flight experience (a recency requirement). Thus, where the holder of an air transport pilot (aeroplane) licence has not flown a particular type of aeroplane (type), including completion of 1 take-off and 1 landing in that type within the preceding 35 days, he or she must not act as pilot in command of that type in regular public transport (RPT) operations until he or she has completed in that type:
(a) 2 take-offs and 2 landings; or
(b) 3 hours flight time including 1 take-off and 1 landing.
Under subregulation 308 (1) of CAR 1988, CASA may exempt persons from compliance with specified provisions of CAR 1988 in relation to a category of aircraft. Under subregulation 308 (3), an exemption is subject to the person complying with any conditions which CASA specifies to be necessary in the interests of safety.
The instrument exempts air transport pilot (aeroplane) licence holders from compliance with subregulation 5.11 (3) of CAR 1988 to the extent that that subregulation requires them to comply with the recency requirement option of 3 hours of flight time under subparagraph (b) in paragraph 11.3 of CAO 40.1.5.
As a condition of the exemption, however, a recency requirement option of 1 hour of flight time is substituted.
It is considered that, from a safety perspective, the time spent in the flight cruise phase beyond 1 hour adds no value to refreshing a pilot’s knowledge following an absence from flight. Recency is adequately covered in the critical phases of flight through the requirement to undertake a take-off and landing, including climb and descent. In addition, cockpit procedures, navigation and communication procedures, transition from climb to cruise and transition from cruise to descent are refreshed during this flight time.
As a further safety precaution, the exemption applies only to licence holders employed by operators who provide a training and checking organisation under regulation 217 of CAR 1988. The instrument itself must be kept available for consultation in the operator’s operations manual.
Legislative Instruments Act
By operation of subregulation 308 (4) of CAR 1988 and subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), the exemption is a legislative instrument for section 5 of the LIA. It is, therefore, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument replaces a previous exemption which expired at the end of February 2011 (CASA EX19/09). It applies to all RPT operators who satisfy its terms.
The exemption commences on 1 March 2011 and stops having effect at the end of 28 February 2013.
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
[Instrument number CASA EX24/11]
Overview
The Civil Aviation Regulations 1988, as amended by F2011L00318, aim to address the issue of recent flight experience requirements for air transport pilots in the interests of safety. Enacted by the Governor-General under the authority of the Civil Aviation Act 1988, the regulation introduces an exemption for air transport pilot (aeroplane) licence holders, allowing them to forgo the three-hour flight time recency requirement if they have completed one hour of flight time instead. This change is based on the premise that the flight cruise phase beyond one hour does not significantly contribute to a pilot's recency and knowledge refreshment. The exemption is conditional on the licence holders being employed by operators who provide a training and checking organisation under the Civil Aviation Regulations, ensuring a continued focus on safety. This legislative instrument, subject to the Legislative Instruments Act 2003, replaces a previous exemption and is effective from 1 March 2011 until 28 February 2013.
Scope and Application
The Civil Aviation Regulations 1988, as amended by F2011L00318, provide exemptions for air transport pilot (aeroplane) licence holders from certain recency requirements regarding flight experience. Specifically, this legislation applies to pilots employed by operators who provide a training and checking organisation under regulation 217 of the Civil Aviation Regulations 1988. This exemption modifies the flight time requirements from 3 hours to 1 hour, considering that the time spent in the flight cruise phase beyond 1 hour adds no additional value to refreshing a pilot’s knowledge following an absence from flight. To maintain safety, the exemption only applies if the instrument itself is kept available for consultation in the operator’s operations manual. This legislative instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption commenced on 1 March 2011 and will cease to have effect at the end of 28 February 2013.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) establish the framework for issuing flight crew licences and the conditions under which they can be granted. Regulation 5.09 of the CAR 1988 mandates that the Civil Aviation Safety Authority (CASA) issues flight crew licences to applicants who meet the statutory requirements, with the option to attach conditions necessary for the safety of air navigation (subregulation 5.11(1)). These conditions can be specified in Civil Aviation Orders (CAOs), which are issued under regulation 303 of the CAR 1988 (subregulation 5.11(2)). The CAO 40.1.5 outlines conditions for air transport pilot (aeroplane) licences, including a recency requirement stipulating that pilots must complete two take-offs and two landings or three hours of flight time, including one take-off and one landing, within the preceding 35 days to act as the pilot in command in regular public transport operations (paragraph 11.3).
The exemption provided under the Civil Aviation Regulations 1988 aims to ease the recency requirements for air transport pilot (aeroplane) licence holders. Under subregulation 308(1) of the CAR 1988, CASA can exempt licence holders from specific provisions, provided it does not compromise safety. This exemption modifies the recency requirement from three hours of flight time to just one hour, based on the rationale that flight time beyond one hour adds little to refreshing a pilot’s knowledge, which is adequately covered during the critical phases of flight, such as take-off, landing, climb, and descent. Additionally, this exemption applies only to pilots employed by operators who maintain a training and checking organisation under regulation 217 of the CAR 1988, ensuring a controlled environment for the exemption to be effective. The exemption must also be included in the operator’s operations manual for reference.
Breaching the conditions of this exemption could have significant consequences. Under subregulation 5.11(3) of the CAR 1988, any violation of a licence condition is strictly prohibited. While specific penalties are not detailed in the text, non-compliance with aviation regulations generally can lead to severe penalties, including fines and suspension or revocation of the licence. These penalties are imposed to ensure strict adherence to safety standards and maintain the integrity of the aviation safety framework. The exemption is also subject to parliamentary scrutiny as a legislative instrument under the Legislative Instruments Act 2003 (LIA), ensuring that it undergoes appropriate legislative oversight.