Explanatory Statement
Civil Aviation Regulations 1988
Exemption — recency requirements for night flying (Eastern Australia Airlines Pty Limited and Sunstate Airlines (Qld) Pty Limited
Legislation
Section 98 of the Civil Aviation Act 1988 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.
The exemption applies to Eastern Australia Airlines Pty Limited and Sunstate Airlines (Qld) Pty Limited. These operators are commonly referred to as Qantaslink. The exemption allows the operators 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 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 operators to rely on flight simulators to meet the recency requirements and would also allow the operators 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
Under subregulation 308 (4) of CAR 1988, an exemption is a disallowable instrument for section 46A of the Acts Interpretation Act 1901. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The instrument is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation within the aviation industry as a whole has not taken place. This instrument is in its terms and conditions the same as instrument CASA EX56/09 which was issued to Qantas Airways Limited. 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 the day after it is registered and stops having effect at the end of 30 November 2011.
The exemption has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX99/09]
Overview
The Civil Aviation Regulations 1988, amended by F2009L04144, introduces an exemption for Eastern Australia Airlines Pty Limited and Sunstate Airlines (Qld) Pty Limited, trading as Qantaslink, concerning the recency requirements for night flying. This regulation was enacted to address the specific needs of these operators in maintaining the necessary flight proficiency without the traditional reliance on actual flight operations. The exemption allows these airlines to satisfy the recency requirements through approved flight simulators, thereby aligning with International Civil Aviation Organization standards and the European Joint Aviation Regulations. The Civil Aviation (All Aircraft) Regulations 1988 empower the Civil Aviation Safety Authority to make such exemptions under section 98 of the Civil Aviation Act 1988, with the aim of ensuring that the pilots maintain the required proficiency through approved and efficient means, enhancing overall aviation safety.
Scope and Application
The Civil Aviation Regulations 1988, under section 98 of the Civil Aviation Act 1988, provide regulatory requirements for commercial and air transport pilots concerning night flying recency, which include performing specific take-offs and landings at night or completing proficiency checks and flight tests within the preceding 90 days. An exemption has been made under this regulation, specifically applying to Eastern Australia Airlines Pty Limited and Sunstate Airlines (Qld) Pty Limited, which are collectively known as Qantaslink. This exemption allows these operators to satisfy the night flying recency requirements by using an approved flight simulator instead of relying on actual flights. The exemption allows for the completion of three take-offs and landings at night in an approved flight simulator or an aircraft of the same type within the preceding 90 days, with the possibility of extending this period up to a maximum of 120 days if specific conditions are met. The exemption also incorporates International Civil Aviation Organization (ICAO) and European Joint Aviation Regulations standards. This exemption enables the operators to use their training and checking organisation, approved by the Civil Aviation Safety Authority (CASA), rather than requiring pilots to undergo special flight tests mandated by CASA. The exemption is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, and it is effective from the day after its registration until 30 November 2011.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) under discussion pertain to night flying recency requirements for commercial aeroplane pilots. Specifically, Subregulation 5.109(1) and Subregulation 5.170(1) of the CAR 1988 mandate that pilots must not fly an aeroplane carrying another person unless they have satisfied certain night flying recency requirements. These requirements include carrying out at least three take-offs and three landings at night within the preceding 90 days or completing a proficiency check or a flight test conducted at night. However, the exemption applies to Eastern Australia Airlines Pty Limited and Sunstate Airlines (Qld) Pty Limited, allowing them to use an approved flight simulator to meet these recency requirements instead of relying solely on flights in an aeroplane. This exemption permits the operators to satisfy the recency requirements by completing three take-offs and three landings in the preceding 90 days in an approved flight simulator or an aircraft of the same type. The period can be extended up to 120 days if the pilot has carried out a take-off and landing at night, during the last 30 days, while line flying under the supervision of a qualified pilot. If neither of these conditions is met, the pilot must have successfully undertaken an approved test for requalification in the preceding 180 days.
The Act imposes several obligations and requirements on the parties it governs. Firstly, Eastern Australia Airlines Pty Limited and Sunstate Airlines (Qld) Pty Limited must ensure that their pilots meet the night flying recency requirements through the use of an approved flight simulator or an aircraft of the same type. They must also ensure that their training and checking organisation complies with CASA’s standards. Furthermore, the pilots must complete the requisite number of take-offs and landings in the simulator or aircraft, or undertake a requalification test if the conditions are not met within the specified timeframes. Additionally, the exemption requires that the operator’s training and checking procedures be approved by CASA, ensuring that they are consistent with ICAO and European standards. The operators must also ensure that any extensions to the 90-day period are justified and properly supervised by a qualified pilot.
Breach of the requirements set out in the exemption may result in civil or criminal consequences, although specific offences and penalties are not detailed in the provided text. Generally, under the Civil Aviation Act 1988, non-compliance with regulations could lead to enforcement actions, fines, or other penalties as prescribed by law. The exemption, being a legislative instrument, is subject to tabling and disallowance in the Parliament, meaning any failure to comply with the legislative process could also have legal ramifications. Furthermore, the use of unapproved flight simulators or non-compliance with CASA’s training and checking standards could result in the suspension or revocation of pilot licences, thereby affecting the operator’s ability to conduct commercial flights.