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 subregulation 5.18 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions in Civil Aviation Orders (the CAOs) setting out the authority given by a flight crew rating, or grade of flight crew rating, and the limitations on that authority and the flight tests that must be passed, or any requirement that must be satisfied, before the authority may be exercised.
CASA has issued a direction in Civil Aviation Order 40.2.1 (CAO 40.2.1). Paragraph 11.4 of CAO 40.2.1 provides that the holder of a command instrument rating must not carry out an ILS or LLZ approach in I.M.C. as pilot in command of an aircraft unless, within the preceding 35 days, he or she has not performed in flight, or in an approved synthetic trainer, either 1 of those approaches.
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 ILS recency requirements have been in place for many years. It has not taken into consideration technological advancements and aircraft design. Modern aircraft design has simplified ILS approaches.
The instrument exempts the holder of a command instrument rating from the requirement of paragraph 11.4 of CAO 40.2.1 in relation to having performed in flight, or in a synthetic trainer, either an ILS or LLZ approach in I.M.C. within the preceding 35 days. The exemption is subject to conditions which include the holder participating in the cyclic training and proficiency program of Qantas Airways Limited (Qantas).
Legislative Instruments Act
Under regulation 5A of CAR 1988 if CASA has issued a CAO that is not an Airworthiness Directive and a prescribed direction or exemption is issued, given or granted and the prescribed direction or exemption has the effect of repealing, amending or otherwise affecting the operation of anything in the CAO, the prescribed direction or exemption is a disallowable instrument. Because the exemption affects the operation of paragraph 11.4 of CAO 40.2.1, it is declared to be a disallowable instrument under regulation 5A of CAR 1988.
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 subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation has not been undertaken. This instrument has been requested by Qantas. Any operator who meets the requirements will be able to be issued with a similar instrument.
The exemption commences on the day after it is registered. It stops having effect at the end of 31 July 2011.
The exemption has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX67/09]