CASA EX58/12 - Exemption – recency requirements for night flying (Skywest Airlines Pty Ltd)

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Legislation au F2012L00838 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Exemption – recency requirements for night flying (Skywest Airlines Pty Ltd)

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.

 

Subregulation 5.109 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that a commercial (aeroplane) pilot (the holder of a commercial (aeroplane) pilot licence) must not fly an aeroplane carrying another person, unless the pilot satisfies requirements set out in the subregulation.

 

Subregulation 5.170 (1) of CAR 1988 provides that an air transport (aeroplane) pilot (the holder of an air transport (aeroplane) pilot licence) must not fly an aeroplane carrying another person, unless the pilot satisfies requirements set out in the subregulation.

 

Paragraphs 5.109 (1) (b) and 5.170 (1) (b) of CAR 1988 both mention certain requirements (recency requirements) that the pilot must have satisfied in the immediately preceding period of 90 days, being requirements relating to take-offs and landings at night. These requirements are that the pilot has, within the period, carried out at least 3 take-offs and 3 landings at night, while flying the aeroplane as pilot in command, or as pilot acting in command under supervision or in dual flying; alternatively, in that period the pilot must have satisfactorily completed an aeroplane proficiency check that was completed at night or passed a flight test that was conducted at night for the issue, or renewal, of an aeroplane pilot rating.

 

The exemption, issued under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998) for subsection 98 (5A) of the Act, allows Skywest Airlines Pty Ltd (the operator) to use an approved flight simulator to satisfy recency requirements instead of relying on flights in an aeroplane. It applies to 3 aeroplane types operated by the operator.

 

The exemption differs from paragraphs 5.109 (1) (b) and 5.170 (1) (b) of CAR 1988 in that it allows the recency requirement to be satisfied by 3 take-offs and 3 landings in the immediately preceding 90 days that have been carried out in an approved flight simulator or an aircraft of the same type. In addition, if it appears that the required number of take-offs and landings will not be possible, that period of 90 days can be extended up to a maximum of 120 days by the pilot having carried out a take-off and landing at night, during the last 30 days, while line flying under the supervision of a pilot who holds a delegation to issue or renew a rating or conduct a flight test. If neither of the previous requirements have been satisfied then the pilot would need to have successfully undertaken, in the immediately preceding 180 days, an approved test for requalification.

 

The conditions in the instrument are largely consistent with the requirements of the International Civil Aviation Organization (ICAO) and the European Joint Aviation Regulations.

 

The exemption would allow the operator to rely on flight simulators to meet the recency requirements and would also allow the operator to rely on normal line flying and on its training and checking organisation, instead of requiring the pilot to undergo special flight tests as may be required by CASA. The tests and procedures in the training and checking organisation require approval by CASA.

 

Legislative Instruments Act

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or Civil Aviation Orders. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a class of aircraft, and class of persons, employed by the operator. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (the LIA).

 

Compatibility with human rights and freedoms

This instrument 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.

 

Consultation

Consultation within the aviation industry as a whole has not taken place. The exemption replaces a previous exemption (CASA EX08/12) issued to the same operator. The previous exemption applied only to Fokker F28–100 aeroplanes.

 

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 commences on the day after registration and stops having effect at the end of 31 March 2015. Under regulation 11.230 of CASR 1998, an exemption may be issued for a period not exceeding 3 years.

 

The exemption has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

[Instrument number CASA EX58/12

Overview

The Civil Aviation Regulations 1988 were amended by the exemption issued under regulation 11.160 of the Civil Aviation Safety Regulations 1998 to allow Skywest Airlines Pty Ltd to use an approved flight simulator to satisfy recency requirements for night flying, instead of relying on flights in an aeroplane. This exemption addresses the issue of meeting night flying recency requirements through alternative means to traditional flight operations. The exemption is made under section 98 of the Civil Aviation Act 1988, with the policy objective of ensuring that pilots maintain the necessary proficiency and recency in night flying operations, while also accommodating the operator's specific training and checking procedures. The exemption applies to a class of aircraft and persons employed by the operator, and is therefore considered a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in the Parliament. The exemption is compatible with human rights and freedoms as recognised in international instruments and replaces a previous exemption issued to the same operator for Fokker F28-100 aeroplanes. The exemption will be in effect until 31 March 2015, in accordance with the Civil Aviation Safety Regulations 1998. This exemption allows Skywest Airlines Pty Ltd to meet night flying recency requirements through the use of flight simulators and their approved training and checking procedures, rather than requiring pilots to undergo special flight tests. This change is intended to maintain pilot proficiency while accommodating the operator's specific training and checking organisation. The exemption is consistent with the requirements of the International Civil Aviation Organization (ICAO) and the European Joint Aviation Regulations, and it provides an alternative method for meeting night flying recency requirements. The exemption is applicable to a class of aircraft and persons employed by the operator, making it a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in the Parliament. It is compatible with human rights and freedoms as recognised in international instruments. The exemption replaces a previous exemption for Fokker F28-100 aeroplanes and will be in effect until 31 March 2015.

Scope and Application

The Civil Aviation Regulations 1988 Exemption - Recency Requirements for Night Flying (Skywest Airlines Pty Ltd) applies specifically to Skywest Airlines Pty Ltd, an entity operating commercial aeroplanes. The exemption pertains to the recency requirements for night flying as stipulated under the Civil Aviation Regulations 1988, allowing the airline to satisfy these requirements through the use of an approved flight simulator rather than solely through actual flights. This exemption applies to three specific types of aeroplanes operated by Skywest Airlines and is designed to align with the standards set by the International Civil Aviation Organization and the European Joint Aviation Regulations. It permits the airline to use its training and checking organisation, approved by the Civil Aviation Safety Authority (CASA), to meet the night flying recency requirements, thereby avoiding the need for special flight tests mandated by CASA. The exemption is a legislative instrument subject to the Legislative Instruments Act 2003, including the requirement for tabling and disallowance in the Parliament. This exemption is compatible with human rights and freedoms as recognised in international instruments. Notably, this exemption replaces a previous one (CASA EX08/12), which was limited to Fokker F28-100 aeroplanes, and it will remain in effect until 31 March 2015.

Key Provisions

The main operative sections of the exemption issued under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998) allow Skywest Airlines Pty Ltd to satisfy recency requirements for night flying using an approved flight simulator instead of actual flights in an aeroplane. Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General is empowered to make regulations, and subregulations 5.109(1) and 5.170(1) of the Civil Aviation Regulations 1988 (CAR 1988) require commercial and air transport pilots to meet certain recency requirements for night flying. This exemption modifies those requirements for Skywest Airlines, permitting the use of simulators and extending the period for compliance if specific conditions are met. The obligations imposed by this exemption require Skywest Airlines to ensure that their pilots meet the specified recency requirements for night flying. Specifically, pilots must carry out at least three take-offs and three landings at night either in an approved flight simulator or in an actual aircraft of the same type within the immediately preceding 90 days. If the required number of take-offs and landings cannot be completed within 90 days, the period can be extended up to 120 days by performing a take-off and landing at night during the last 30 days under supervision. If neither of these conditions is satisfied, pilots must have successfully completed an approved requalification test within the preceding 180 days. Additionally, the exemption relies on the operator's training and checking organisation, which must be approved by the Civil Aviation Safety Authority (CASA). Failure to comply with the conditions of this exemption may result in civil or criminal consequences. The exemption is subject to the Legislative Instruments Act 2003 (LIA), which means it must be tabled and can be disallowed in Parliament. While specific penalties for breach are not detailed in the text, general aviation regulations and orders could impose fines or other penalties for non-compliance. The exemption also ensures compatibility with human rights and freedoms as recognised by international instruments. The exemption was issued by the Acting Director of Aviation Safety on behalf of CASA, and it is effective from the day after registration until the end of March 2015, subject to renewal within the three-year limit stipulated by CASR 1998.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.