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.
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 aircraft. The exemption applies to a class of aircraft operated by Qantas. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003.
Consultation
Consultation within the aviation industry as a whole has not taken place. This instrument renews instrument CASA EX56/09 which expires at the end of 31 July 2011. No changes have been made to the terms and conditions in the former instrument. 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 1 August 2011 and 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, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX76/11]
Overview
The Civil Aviation Safety Regulations 1998, as amended by F2011L01580, address the need for flexible recency requirements for night flying for Qantas Airways Limited, providing an exemption from certain provisions of the Civil Aviation Safety Regulations 1998. This legislative instrument, enacted by the Civil Aviation Safety Authority (CASA), allows Qantas to satisfy night flying recency requirements through approved flight simulators rather than requiring pilots to fly actual aeroplanes. This exemption aims to provide flexibility and efficiency in meeting the necessary recency requirements, aligning with international standards set by the International Civil Aviation Organization (ICAO) and the European Joint Aviation Regulations. The exemption is intended to streamline training and checking procedures for Qantas pilots, reducing the need for special flight tests and allowing the use of approved simulators and line flying under supervision. This legislative instrument is subject to parliamentary review under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Safety Regulations 1998 Exemption, concerning the recency requirements for night flying specifically for Qantas Airways Limited, pertains to the airline's operations and its pilots who fly aeroplanes carrying other persons. The exemption primarily alters the recency requirements stipulated in subregulations 5.109(1)(b) and 5.170(1)(b) of the Civil Aviation Regulations 1988, which mandate that commercial and air transport aeroplane pilots must have performed a set number of night take-offs and landings within a 90-day period or completed relevant proficiency checks and flight tests. Instead, Qantas is permitted to use an approved flight simulator to meet these recency requirements. The exemption also allows for an extension of the 90-day period to 120 days if specific conditions are met, or requires requalification if neither condition is met. The exemption applies to Qantas Airways Limited and its aircraft, thus its scope is limited to this particular operator within the aviation industry. Geographically, the exemption operates under the Commonwealth jurisdiction as it is a legislative instrument issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988. The exemption is subject to parliamentary disallowance and is consistent with international standards set by the International Civil Aviation Organization (ICAO) and European Joint Aviation Regulations. The exemption, which commenced on 1 August 2011 and ceased on 31 July 2014, was made by the Director of Aviation Safety on behalf of CASA in accordance with the Act.
Key Provisions
The key operative sections of this legislative instrument pertain to the exemption granted to Qantas Airways Limited regarding night flying recency requirements. Specifically, Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, and under this authority, the Civil Aviation Safety Regulations 1998 (CAR 1998) set forth the requirements for commercial and air transport aeroplane pilots to carry out at least three night take-offs and landings within the preceding 90 days, or alternatively, complete an aeroplane proficiency check or flight test at night (Sections 5.109(1)(b) and 5.170(1)(b) of CAR 1998). The exemption, however, allows Qantas to satisfy these recency requirements using an approved flight simulator instead of actual night flights (Subregulation 5.109(1) and 5.170(1) of CAR 1998). This means that pilots can complete the required number of take-offs and landings in a flight simulator or in an aircraft of the same type, rather than exclusively in an aeroplane.
The obligations imposed by this Act on Qantas Airways Limited primarily revolve around ensuring that its pilots meet the specified recency requirements for night flying operations. Qantas must maintain an approved flight simulator and a training and checking organisation that has been approved by the Civil Aviation Safety Authority (CASA). The airline must ensure that its pilots complete the requisite number of night take-offs and landings in either an approved flight simulator or an aircraft of the same type, or alternatively, they must successfully complete an approved test for requalification if neither of the other two options is met. Additionally, Qantas must ensure that any line flying conducted in the last 30 days of the 90-day period complies with the regulations. This places a significant administrative burden on Qantas to oversee and verify the training and operational activities of its pilots to ensure compliance with the exemption.
There are no explicit criminal or civil penalties outlined in this particular exemption instrument. However, the overarching legislation under which this exemption operates, the Civil Aviation Act 1988, does provide for various penalties for breaches of aviation safety regulations. Generally, breaches of these regulations can result in fines, imprisonment, or both. For instance, under Section 27 of the Act, a person who contravenes a regulation can be fined up to 5,000 penalty units or imprisoned for up to five years, or both. Additionally, CASA can impose administrative penalties, including fines and the suspension or revocation of pilot licences, if it determines that a pilot has not met the required recency requirements. Therefore, while this specific exemption does not detail penalties, the broader legislative framework ensures that non-compliance carries significant consequences.