EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
EXEMPTION UNDER SUBREGULATION 218 (2)
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Subregulation 218 (1) of the Civil Aviation Regulations 1988 (CAR 1988) requires that an operator must not permit a pilot to act, and a pilot must not act, as pilot in command of an aircraft engaged in a regular public transport operation unless the pilot is qualified for the route to be flown. In accordance with paragraphs 218 (1) (a) and (b), the pilot must have been certified as competent by a qualified pilot and have made at least one trip over that route within the preceding 12 months as a pilot member of the operating crew.
Subregulation 218 (2) provides for CASA to grant an exemption from the requirements specified in paragraphs (1) (a) and (b) subject to such conditions as CASA considers necessary in the interests of safety.
In light of the available aeronautical information, modern simulator technology and the instrumentation available to pilots during flight and on landing and taking‑off from international airports, this exemption under subregulation 218 (2) has been granted to the operator, Australian Airlines Limited, and its pilots.
The exemption is subject to the operator and pilots meeting the requirements for route qualification set out in the conditions of the exemption.
Paragraph 9.1 of section 82.5 of the Civil Aviation Orders (CAOs) states that, subject to paragraph 9.2, an operator must ensure that a pilot does not act as pilot in command of an aircraft engaged in a regular public transport operation unless the pilot meets the requirements of subregulation 218 (1). Paragraph 9.2 provides for an audio-visual briefing as a means of qualifying for a route.
Under regulation 5A of CAR 1988, if CASA has issued a CAO and then issues a prescribed exemption that affects the operation of anything in the CAOs, the prescribed exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
This exemption affects the operation of paragraph 9.1 of section 82.5 by exempting an operator from compliance with paragraphs 218 (1) (a) and (b) and is a prescribed exemption as defined in regulation 5A. It has been tabled as a disallowable instrument.
The exemption has been issued by a delegate of CASA in accordance with regulation 7 of CAR 1988.
[Exemption Number EX26/2002]