CASA EX65/14 - Exemption — recency requirements for night flying (Qantas Airways Limited)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2014L01050 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Act 1988

Civil Aviation Safety Regulations 1998

Exemption recency requirements for night flying (Qantas Airways Limited)

 

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 or (for paragraph 5.109 (1) (b) only) for the issue or an aeroplane pilot licence.

 

Instrument

The exemption allows Qantas Airways Limited (the operator) to use an approved flight simulator to satisfy recency requirements instead of relying on flights in an aeroplane. 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 or in a flight simulator 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 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 persons being pilots in command of aeroplanes operated by the operator. The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).

 

Consultation

This instrument renews instrument CASA EX76/11 which ceased to have effect at the end of 31 July 2014. 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. Therefore, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).

 

Making and commencement

The exemption has been issued by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.

 

The instrument commences on 1 August 2014. It expires at the end of July 2017, as if it had been repealed by another instrument.

 

[Instrument number CASA EX65/14]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption recency requirements for night flying (Qantas Airways Limited)
 

This legislative 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.

 

Overview of the legislative instrument

The legislative instrument exempts pilots in command operating Qantas Airway Limited (the operator) aircraft from night flying recency requirements prescribed by paragraphs 5.109 (1) (b) and 5.170 (1) (b) of the Civil Aviation Regulations 1988.

 

The primary purpose of the exemption is to allow the operator to use approved type simulators to satisfy its pilot’s recency requirements and also provides a longer period in which recency is deemed to be current after a satisfactory proficiency check.

 

The exemption is subject to conditions imposed by CASA in the interest of air safety.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

 

Overview

The Civil Aviation Safety Regulations 1998 (CASR) were amended by the instrument F2014L01050, which was introduced to address the specific needs of Qantas Airways Limited regarding the recency requirements for night flying. Enacted by the Civil Aviation Safety Authority (CASA), this legislative instrument was designed to provide Qantas with the flexibility to meet night flying recency requirements through approved flight simulators rather than solely relying on actual night flights. This exemption allows Qantas to satisfy these requirements using approved flight simulators or by extending the recency period under certain conditions, thus aligning with international standards set by the International Civil Aviation Organization (ICAO) and the European Joint Aviation Authorities. The policy objective is to enhance safety and efficiency in pilot training while maintaining stringent safety standards. The instrument is subject to parliamentary scrutiny under the Legislative Instruments Act 2003 and has been deemed compatible with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The exemption provided under this legislative instrument pertains to Qantas Airways Limited and its pilots in command of aeroplanes. It specifically targets the recency requirements for night flying as prescribed by paragraphs 5.109(1)(b) and 5.170(1)(b) of the Civil Aviation Regulations 1988 (CAR 1988). The exemption allows Qantas Airways Limited to use an approved flight simulator to satisfy these recency requirements instead of relying solely on flights in an aeroplane. This means that pilots can achieve the required number of take-offs and landings at night either through real aeroplane flights or by using an approved flight simulator. This approach is in line with International Civil Aviation Organization (ICAO) and European Joint Aviation Regulations standards. The exemption is applicable on a national level, as it is issued under the authority of the Civil Aviation Safety Authority (CASA) and pertains to the operation of aeroplanes within Australia. The exemption is subject to conditions set by CASA to ensure air safety, and it is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption is compatible with human rights as it does not engage any of the applicable rights or freedoms, as stated in the Statement of Compatibility with Human Rights.

Key Provisions

The key provisions of the exemption granted to Qantas Airways Limited under the Civil Aviation Safety Regulations 1998 pertain to the recency requirements for night flying. Specifically, subregulations 5.109(1) and 5.170(1) of the Civil Aviation Regulations 1988 (CAR 1988) set out the necessary recency requirements for commercial and air transport aeroplane pilots, respectively. These requirements include completing a specified number of night take-offs and landings or undergoing certain proficiency checks within a defined period. The exemption, however, allows Qantas Airways Limited to use an approved flight simulator to meet these recency requirements instead of solely relying on actual flights in an aeroplane. This means that pilots can satisfy the recency requirements by performing take-offs and landings in an approved flight simulator or by completing an approved test for requalification if other conditions are not met. The obligations imposed by the exemption on Qantas Airways Limited are primarily centred around ensuring that its pilots meet the specified conditions to maintain their currency in night flying operations. Qantas must ensure that pilots use approved flight simulators to meet the required number of night take-offs and landings. Additionally, the airline must ensure that its pilots complete a satisfactory proficiency check or an approved requalification test if they do not meet the other conditions. The exemption also requires that the airline's training and checking organisation be approved by the Civil Aviation Safety Authority (CASA), ensuring that the training and checks conducted are of a high standard and meet the necessary safety requirements. Breach of the conditions set out in the exemption can result in serious consequences for both Qantas Airways Limited and its pilots. While the specific offences and penalties are not detailed in the exemption itself, violations of the Civil Aviation Regulations 1988 or non-compliance with CASA's requirements generally can lead to enforcement actions. These actions may include fines, suspension or revocation of pilot licences, and other regulatory sanctions. The severity of the penalties will depend on the nature and extent of the breach, but the overarching aim is to ensure that all safety requirements are met to maintain the highest standards of aviation safety.

Legal classification tags

Area of Law
Aviation Law
Instrument
Legislative Instrument
Concepts
Regulatory Standards
Licensing & Registration
Enforcement Powers

Interactions

Authorises

All Versions

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.