Overview

The Civil Aviation Regulations 1988 Amendment of Sections 40.1.0 and 40.3.0 of the Civil Aviation Orders, introduced in 2004, aims to address the need for appropriate aircraft endorsements for newly registered aircraft, as well as to amend endorsements due to manufacturer name changes. This amendment was enacted by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), in accordance with the Civil Aviation Act 1988. The Civil Aviation Amendment Order (No. 12) 2004 provides for the necessary aircraft endorsements for new multi-engine light aircraft, such as the LEZA, and updates the endorsement for the CASA212 aircraft following a manufacturer name change. Additionally, it includes the DORNIER 328-100 aircraft endorsement to record this aircraft on Australian licences, despite it not being on the Australian Register. The Office of Regulation Review has determined that a Regulation Impact Statement is not required for these amendments as they are minor and machinery of government in nature, with no substantial alteration to existing arrangements.

Scope and Application

The Civil Aviation Regulations 1988 Amendment of Sections 40.1.0 and 40.3.0 of the Civil Aviation Orders pertains to the regulations governing aircraft endorsements for aeroplanes and helicopters, respectively. This legislation applies to all persons who hold a flight crew licence, a special pilot licence, or a certificate of validation, as well as to the Civil Aviation Safety Authority (CASA), which is responsible for issuing aircraft endorsements. The scope of the Act extends to all aeroplanes and helicopters within Australian airspace, ensuring that these aircraft meet the safety standards prescribed by the Civil Aviation Orders. The amendments made to these sections focus on providing appropriate endorsements for new aircraft types entering the Australian Register, such as the LEZA aircraft, and correcting any discrepancies due to manufacturer name changes, like the CASA212 aircraft. The regulations also aim to include aircraft types not currently on the Australian Register, such as the DORNIER 328-100, allowing these endorsements to be recorded on Australian licences. The Act operates nationally, and while it does not require a Regulation Impact Statement due to its minor nature, it ensures the safety and compliance of air navigation within Australia.

Key Provisions

The key provisions of the Civil Aviation Amendment Order (No. 12) 2004 involve amendments to Sections 40.1.0 and 40.3.0 of the Civil Aviation Orders (CAOs). Section 40.1.0 now includes the LEZA aircraft, a new multi-engine 2-place light aircraft, which was previously not covered by any endorsement. This amendment ensures that the new aircraft coming onto the register have appropriate endorsements. Additionally, the endorsement for the CASA212 aircraft is being amended due to a name change of the manufacturer, and the DORNIER 328-100 is included to allow this aircraft endorsement to be recorded on an Australian licence. Minor technical amendments are also being made to both sections. The obligations and requirements imposed by these amendments include ensuring that flight crew licence holders who operate the LEZA aircraft must obtain the appropriate endorsement. Similarly, holders of endorsements for the CASA212 aircraft must update their records to reflect the manufacturer's name change. Licence holders for the DORNIER 328-100 can now obtain the necessary type endorsement to operate this aircraft in Australia. The amendments also ensure that all endorsements are recorded accurately and reflect the most current and accurate information regarding aircraft types and manufacturers. Failure to comply with the amended provisions of Sections 40.1.0 and 40.3.0 of the CAOs can result in civil or criminal consequences. Specifically, under section 238 of the Civil Aviation Act 1988, any person who contravenes a regulation or order made under the Act may be liable to a penalty. The maximum penalty for an individual is generally a fine of up to $16,500, while the maximum penalty for a body corporate can be significantly higher, up to $825,000. Additionally, the Civil Aviation Safety Authority (CASA) may take enforcement action, including the suspension or revocation of licences, which can have severe implications for individuals and operators relying on these endorsements to conduct their activities. The legislative amendments are designed to maintain the safety and integrity of air navigation in Australia by ensuring that all aircraft endorsements are current and accurate. By updating the CAOs to include new aircraft types and reflect manufacturer changes, the legislation aims to prevent any potential safety risks associated with operating aircraft without the appropriate endorsements. The minor technical amendments further refine the requirements to ensure clarity and compliance with regulatory standards.