Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Safety Regulations 1998
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.
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.
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or the CAOs. 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. The exemption applies to a class of persons. 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 has not been undertaken. This instrument has been requested by Qantas and renews a previous instrument, CASA EX67/09. Any operator who meets the requirements will be able to be issued with a similar instrument.
The exemption commences on 1 August 2011. It stops having effect at the end of 31 July 2014.
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
[Instrument number CASA EX74/11]