CASA EX74/11 – Exemption – recent experience requirements

Overview

The Civil Aviation Safety Regulations 1998 were amended by the Civil Aviation (Recent Experience Requirements) Exemption 2011 (F2011L01579) to address a specific gap in the recent experience requirements for pilots conducting Instrument Landing System (ILS) or Localiser Performance with Vertical Guidance (LLZ) approaches in Instrument Meteorological Conditions (IMC). This exemption was introduced to account for the technological advancements and modern aircraft design, which have simplified ILS approaches, making the existing requirements potentially outdated. The exemption was enacted by the Civil Aviation Safety Authority (CASA) under the authority granted by section 98 of the Civil Aviation Act 1988. The policy objective is to ensure that pilot proficiency requirements are aligned with current aviation technologies while maintaining safety standards. This exemption is a legislative instrument, subject to disallowance by Parliament under the Legislative Instruments Act 2003, and applies to a class of persons, specifically holders of a command instrument rating who meet the conditions set by Qantas's cyclic training and proficiency program.

Scope and Application

The Civil Aviation Safety Regulations 1988, under the Civil Aviation Act 1988, have been amended to provide an exemption concerning the recent experience requirements for holders of a command instrument rating, specifically regarding Instrument Landing System (ILS) or Localiser Performance with Vertical Guidance (LPV) approaches in Instrument Meteorological Conditions (IMC). This exemption applies to individuals who hold a command instrument rating and are employed by Qantas Airways Limited, subject to their participation in the airline’s cyclic training and proficiency program. The exemption effectively relieves these pilots from the requirement to perform an ILS or LPV approach in IMC within the preceding 35 days, provided they meet the outlined conditions. This regulatory change acknowledges the advancements in aircraft design and technology, which have streamlined the execution of such approaches. The exemption, declared as a disallowable instrument under regulation 5A of the Civil Aviation Regulations 1988, is a legislative instrument and is subject to tabling and disallowance in the Parliament as per the Legislative Instruments Act. Notably, the exemption is set to be in effect from 1 August 2011 until 31 July 2014, and it was made on behalf of the Civil Aviation Safety Authority by the Director of Aviation Safety.

Key Provisions

Section 98 of the Civil Aviation Act 1988 allows the Governor-General to create regulations that promote air navigation safety. This includes the ability to issue directions through Civil Aviation Orders (CAOs), as detailed in subregulation 5.18(1) of the Civil Aviation Regulations 1988 (CAR 1988). A specific direction under this framework is found in Civil Aviation Order 40.2.1 (CAO 40.2.1), which mandates that a pilot in command holding a command instrument rating must perform an ILS or LLZ approach in Instrument Meteorological Conditions (I.M.C.) within the previous 35 days to conduct such an approach. This requirement is intended to ensure that pilots maintain their skills and familiarity with these approaches. The new exemption modifies the existing requirements set out in paragraph 11.4 of CAO 40.2.1. Specifically, it relieves the holder of a command instrument rating from the obligation to perform an ILS or LLZ approach in flight or in a synthetic trainer within the preceding 35 days, provided they meet certain conditions. These conditions include participation in the cyclic training and proficiency program offered by Qantas Airways Limited (Qantas). This exemption acknowledges the advancements in modern aircraft design and technology that have simplified ILS approaches, thereby reducing the frequency with which pilots need to demonstrate their proficiency in these procedures. Under regulation 5A of CAR 1988, the exemption issued by the Civil Aviation Safety Authority (CASA) is classified as a disallowable instrument because it affects the operation of CAO 40.2.1. According to subsection 98(5A) of the Act, CASA can grant such exemptions from regulatory or CAO compliance, and this particular exemption applies to a class of persons, making it a legislative instrument. Consequently, it must be tabled and can be disallowed by Parliament under sections 38 and 42 of the Legislative Instruments Act (LIA). The exemption is effective from 1 August 2011 until 31 July 2014. In terms of penalties and consequences, the Act does not specify particular offences or penalties related to this exemption. However, failure to comply with the conditions set out in the exemption, or any other regulatory requirements, could lead to enforcement actions by CASA. These actions may include the suspension or revocation of the pilot's licence, administrative fines, or other regulatory sanctions. The precise nature and extent of these consequences would depend on the specific circumstances of any non-compliance and the discretion exercised by CASA.