CASA EX89/11 – Exemption – recency requirements for night flying (Surveillance Australia Pty Ltd)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2011L01724 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — recency requirements for night flying (Surveillance Australia Pty Ltd)

 

Legislation

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.

Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to the following:

(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or

(b) the airworthiness of, or design standards for, aircraft.

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A), CASA may grant an exemption from a provision of these Regulations (including the Civil Aviation Regulations 1988 (CAR 1988)) or a provision of the Civil Aviation Orders in relation to a matter mentioned in that subsection.

 

Under subregulation 11.160 (2) of CASR 1998, an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation.

 

Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

 

Subregulation 5.109 (1) of 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.

 

The exemption under regulation 11.160 of CASR 1998 allows Surveillance Australia Pty Ltd, trading as Cobham Aviation Services Pty Ltd – Special Mission (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.

 

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 the recency requirements and would also allow the operator to rely on normal line flying instead of requiring the pilot to undergo special flight tests as may be required by CASA.

 

Legislative Instruments Act

Exemptions issued under regulation 11.160 of CASR 1998 are issued under subsection 98 (5A) of the Act. Subsection 98 (5A), in paragraph (a), states that the regulations may empower CASA to issue an instrument relating to the safe navigation and operation, or the maintenance, of aircraft. Subsection (5AA) states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons. This exemption is accordingly a legislative instrument.

 

As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003.

 

Consultation

Consultation within the aviation industry as a whole has not taken place. The exemption is based on several previous exemptions issued to other operators. The instrument is in a form consistent with ICAO and European standards.

 

Any operator whose procedures are considered by CASA to make satisfactory provision for testing and training pilots for night flying operations would be granted a similar exemption.

 

The exemption commences on the day after registration 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 EX89/11]

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation, and to provide a framework for the regulation of civil aviation in Australia. This includes the establishment of safety standards and the issuance of exemptions from certain regulatory requirements, where necessary, to facilitate safe operations. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue exemptions from certain provisions of the regulations or the Civil Aviation Orders, where it is necessary in the interests of the safety of air navigation. This includes the ability to grant exemptions from the recency requirements for night flying, as is the case with the exemption for Surveillance Australia Pty Ltd, trading as Cobham Aviation Services Pty Ltd – Special Mission. The exemption allows the operator to use an approved flight simulator to satisfy the recency requirements, rather than relying solely on flights in an aeroplane. The exemption is consistent with international standards and allows the operator to use normal line flying instead of requiring the pilot to undergo special flight tests as may be required by CASA. The exemption was made by the Director of Aviation Safety, on behalf of CASA, and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption commences on the day after registration and stops having effect at the end of 31 July 2014.

Scope and Application

The Civil Aviation Safety Regulations 1998, amended by F2011L01724, provide an exemption for Surveillance Australia Pty Ltd, trading as Cobham Aviation Services Pty Ltd – Special Mission, from certain recency requirements for night flying, specifically allowing the use of an approved flight simulator to meet these requirements. This exemption applies to the company and its operations within the scope of the Civil Aviation Safety Regulations 1998, which are made under the Civil Aviation Act 1988. The exemption allows the company to satisfy the recency requirements by conducting take-offs and landings in an approved flight simulator or aircraft of the same type, rather than through actual aeroplane flights. This regulatory change aims to align with International Civil Aviation Organization (ICAO) and European Joint Aviation Regulations, ensuring the safety of night flying operations while providing operational flexibility to the company. The exemption is subject to conditions set by the Civil Aviation Safety Authority (CASA) to ensure it does not compromise air navigation safety and must be published on the Internet. It will cease to have effect on 31 July 2014 unless otherwise specified.

Key Provisions

The key provisions of the legislation, detailed in the Explanatory Statement, pertain to an exemption granted under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998). This exemption, which is a legislative instrument, allows Surveillance Australia Pty Ltd, trading as Cobham Aviation Services Pty Ltd – Special Mission, to use an approved flight simulator to meet the recency requirements for night flying, as opposed to the traditional requirement of completing these operations in an actual aeroplane. Specifically, subregulation 5.109(1) and subregulation 5.170(1) of the Civil Aviation Regulations 1988 (CAR 1988) require commercial and air transport aeroplane pilots to have carried out specific night flying operations within a 90-day period. However, this exemption allows the operator to satisfy these recency requirements by performing the necessary take-offs and landings in an approved flight simulator or in an aircraft of the same type. Additionally, if the required number of take-offs and landings cannot be achieved within 90 days, the period can be extended to a maximum of 120 days, provided the pilot completes a night take-off and landing under supervision within the last 30 days. The obligations imposed by this Act on Surveillance Australia Pty Ltd include adherence to the conditions set forth in the exemption. These conditions must be met to ensure the safety of air navigation, as per subregulation 11.205(1) of CASR 1998. Moreover, the exemption must be published on the internet, as required by regulation 11.225 of CASR 1998, and it will cease to have effect 3 years after its commencement unless a specific date is mentioned within it, per subregulation 11.230(1) of CASR 1998. The exemption must also align with the International Civil Aviation Organization (ICAO) and European Joint Aviation Regulations, ensuring international standards are maintained. In terms of breaches and consequences, any non-compliance with the conditions specified in the exemption could potentially lead to civil or criminal penalties, depending on the severity of the breach and the impact on aviation safety. While the specific penalties are not detailed in the Explanatory Statement, violations of aviation safety regulations typically attract substantial fines and, in severe cases, imprisonment. The exemption itself is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003, which ensures parliamentary oversight and the ability to reject the exemption if deemed necessary.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.