CASA EX79/10 – Exemption – recency requirements for night flying (Virgin Blue International Airlines Pty Ltd)

Overview

The Civil Aviation Regulations 1988, as amended by the instrument F2010L02487, provides an exemption for Virgin Blue International Airlines Pty Ltd, trading as V Australia, from specific recency requirements for night flying, allowing them to use approved flight simulators to satisfy these requirements instead of relying on flights in an aeroplane. Enacted under section 98 of the Civil Aviation Act 1988 by the Civil Aviation Safety Authority (CASA), this instrument aims to address the gap by allowing the airline to meet the recency requirements through simulator training, thereby reducing the necessity for actual night flights and enabling more efficient compliance with safety standards. The policy objective is to ensure that pilots maintain the necessary proficiency for night operations through alternative means, aligning with international standards set by the International Civil Aviation Organization (ICAO) and the European Joint Aviation Regulations.

Scope and Application

The Civil Aviation Regulations 1988 Exemption (Recency Requirements for Night Flying) (Virgin Blue International Airlines Pty Ltd) applies specifically to Virgin Blue International Airlines Pty Ltd, trading as V Australia, allowing the company to use an approved flight simulator to satisfy recency requirements for night flying, rather than requiring pilots to conduct actual flights to meet these requirements. The exemption pertains to commercial aeroplane pilots and air transport aeroplane pilots, who must not fly an aeroplane carrying another person unless they satisfy certain recency requirements, such as carrying out night take-offs and landings. The exemption permits the use of flight simulators to meet these requirements, provided certain conditions are met, including completing a specified number of night take-offs, landings, and approaches in a simulator or actual aircraft, as well as passing relevant proficiency checks. The exemption applies to flights conducted only to certified aerodromes with authorised instrument approach procedures for night operations and by operators with current CASA approvals. The exemption is largely consistent with International Civil Aviation Organization and European standards and is subject to disallowance under the Legislative Instruments Act 2003. It is effective from the day after registration and terminates on 31 October 2012.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) relevant to this exemption are sections 5.109 and 5.170. Section 5.109(1) mandates that a commercial aeroplane pilot must meet specific recency requirements before flying an aeroplane carrying another person. Similarly, section 5.170(1) applies to air transport aeroplane pilots. Both sections require that within the preceding 90 days, pilots must have conducted at least three night take-offs and landings while acting as pilot in command, or completed a proficiency check or flight test at night. The exemption in question modifies these requirements for Virgin Blue International Airlines Pty Ltd, allowing them to use an approved flight simulator to meet the recency requirements instead of relying solely on flights in an aeroplane. The obligations imposed by this exemption on Virgin Blue International Airlines Pty Ltd are detailed and specific. Firstly, the pilot must have carried out at least one night take-off and one night landing in an approved flight simulator or an aircraft of the same type within the immediately preceding 90 days. Additionally, within the same period, the pilot must have completed a night operations proficiency check in a simulator or an aircraft of the same type. Furthermore, if the flight includes a circling approach, the pilot must have carried out at least one night circling approach within the preceding 90 days. If the flight involves an approach without serviceable electronic or visual slope guidance systems, the pilot must have conducted at least one night approach without such guidance within the preceding 180 days. All flights under this exemption must be to a certified aerodrome with an authorised instrument approach procedure for night operations, and the operator must have a current CASA-approved training and checking organisation. The exemption also outlines specific consequences for non-compliance. Breaches of the conditions set out in the exemption could result in various civil or criminal penalties under the Civil Aviation Act 1988. While the maximum penalties are not explicitly stated in the explanatory statement, the general provisions of the Act allow for fines and imprisonment for violations related to aviation safety. For instance, under section 283, an individual who fails to comply with safety regulations may be liable for a penalty of up to $222,200 for a corporation and $44,440 for an individual, in addition to potential imprisonment terms. The exemption, being a legislative instrument, is also subject to disallowance in Parliament under the Legislative Instruments Act 2003. Virgin Blue International Airlines Pty Ltd, by availing of this exemption, must ensure that their procedures and training and checking organisation meet the stringent standards set by CASA. Failure to adhere to these requirements could result in the revocation of their exemption, thereby necessitating compliance with the standard recency requirements. The exemption, which commences on the day after it is registered and expires on 31 October 2012, has been made by the Director of Aviation Safety on behalf of CASA, in accordance with section 73(2) of the Act.