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 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 or (for paragraph 5.109 (1) (b) only) for the issue of an aeroplane pilot licence.
The exemption 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.
The exemption applies only to Fokker F50 and A320 aeroplanes. It 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
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument in legislation in force before the commencement of the LIA. Regulation 11.215 of CASR 1998 declares an exemption to be a disallowable instrument. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation within the aviation industry as a whole has not taken place. The exemption is based on previous exemptions issued to the operator and other operators. The instrument is in a form consistent with ICAO and European standards.
Any operator whose procedures and training and checking organisation is 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 May 2014
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX64/11]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to ensure the safety and regulation of civil aviation in Australia. The specific exemption to the recency requirements for night flying, introduced under the instrument F2011L01508, addresses the need for Skywest Airlines Pty Ltd to meet these requirements in a manner that aligns with international standards. This exemption allows the airline to use approved flight simulators to meet the recency requirements instead of relying on actual flights, thereby streamlining their pilot training and operational processes. This legislative instrument was introduced by the Civil Aviation Safety Authority (CASA) and is designed to provide flexibility while maintaining high safety standards. The policy objective is to ensure that pilots maintain their proficiency in night flying through approved simulators or other approved methods, thereby reducing the reliance on in-flight training and special tests, which can be resource-intensive.
Scope and Application
The Civil Aviation Regulations 1988 Exemption pertains specifically to Skywest Airlines Pty Ltd and applies to their Fokker F50 and A320 aeroplanes. This exemption modifies the recency requirements for night flying operations, allowing pilots to satisfy these requirements through approved flight simulators rather than solely through actual aeroplane flights. It aligns with International Civil Aviation Organization (ICAO) and European Joint Aviation Regulations standards, thereby permitting Skywest to utilise their training and checking organisation, which has been approved by the Civil Aviation Safety Authority (CASA). The exemption enables pilots to meet the night flying recency requirements by either completing three take-offs and three landings in an approved flight simulator within the preceding 90 days, or extending the period to a maximum of 120 days if the pilot has conducted a night take-off and landing under supervision during the last 30 days, or by successfully completing an approved requalification test within the preceding 180 days if neither of the prior conditions are met. This exemption is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003 and is effective from the day after its registration until the end of 31 May 2014.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) set forth specific recency requirements for pilots operating commercial aeroplanes. Specifically, under subregulation 5.109(1) and 5.170(1), a commercial or air transport aeroplane pilot must satisfy certain conditions before flying an aeroplane carrying another person. These conditions include performing a specified number of take-offs and landings at night or successfully completing relevant proficiency checks and flight tests within a 90-day period. This exemption pertains to Skywest Airlines Pty Ltd, allowing them to use an approved flight simulator to meet the recency requirements instead of conducting flights in an aeroplane. This exemption applies only to Fokker F50 and A320 aeroplanes and permits pilots to achieve the required number of night take-offs and landings through the use of an approved flight simulator or by line flying under the supervision of a qualified pilot. Furthermore, if the required number of take-offs and landings cannot be achieved within the 90-day period, this period can be extended up to a maximum of 120 days, provided the pilot has carried out a take-off and landing at night during the last 30 days while line flying under supervision. Should neither of these conditions be met, the pilot must have successfully completed an approved test for requalification within the preceding 180 days.
Skywest Airlines Pty Ltd is obligated to ensure that its pilots meet the specified recency requirements for night flying. This involves ensuring that pilots perform the required number of take-offs and landings at night, either through actual aeroplane flights or using an approved flight simulator. In cases where the required number of night operations cannot be achieved within the standard 90-day period, the airline must extend the period up to a maximum of 120 days, provided that the pilot completes a night take-off and landing while line flying under supervision during the last 30 days. If neither of these conditions is met, the pilot must complete an approved test for requalification within the preceding 180 days. Additionally, the airline must ensure that its procedures and training and checking organisation are approved by CASA and align with International Civil Aviation Organization (ICAO) and European standards.
Breaches of the conditions set out in this exemption could lead to serious consequences. While the specific civil or criminal penalties for non-compliance are not detailed in the document, failure to meet the recency requirements for night flying could result in regulatory action by CASA. This may include fines, suspension or revocation of pilot licenses, or other enforcement actions against Skywest Airlines Pty Ltd. Additionally, non-compliance could lead to safety risks, potentially resulting in accidents or incidents. It is crucial for the airline to adhere to the conditions of the exemption to maintain compliance with aviation safety standards and avoid potential penalties.