EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
CIVIL AVIATION AMENDMENT ORDER (NO. 2) 2004
FLIGHT CREW STANDARDS – SYNTHETIC TRAINERS – GENERAL
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Under Part 5 of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) may, in relation to the qualifications of flight crews, approve a synthetic flight trainer for the purposes of regular flight reviews, recent experience requirements and the calculation of flight times and aeronautical experience.
Regulation 5 of CAR 1988 provides that wherever CASA is empowered or required to give any approval, CASA may give the approval in Civil Aviation Orders (CAOs).
Under regulation 303A, CASA is also authorised to impose conditions on an approval.
Section 45.0 of the CAOs specifies the requirements for the approval of synthetic flight trainers used by pilots and flight engineers for aeronautical experience. Section 45.0 also details the conditions for the accreditation and classification of approved synthetic flight trainers.
Part 60 of the Civil Aviation Safety Regulations 1998 (CASR 1998) was introduced to update, consolidate and replace current rules found in section 45.0 of the CAOs, and documents “FSD-1 Operational Standards and Requirements — Approved Flight Simulators” and “FSD-2 Operational Standards and Requirements — Approved Synthetic Trainers”, that define requirements for flight simulators and synthetic trainers (FSD-2). CASR Part 60 prescribes the rules for the manufacture, supply, and use of synthetic training devices, a term which covers a broad range of devices. CASR Part 60 provides a regulatory regime that covers the qualifications, operation and approval of synthetic training devices. Synthetic training devices provide an environment for pilots and flight engineers to gain competencies that are essential for safe air navigation.
CASR Part 60 has been developed initially in stages. CASR Subparts 60.A and 60.B were implemented on 18 September 2003 and address synthetic training devices (flight simulators and flight training devices) typically used by air transport operators for pilots aircraft type ratings and maintaining operational recency. CASR Subpart 60.C, which will address synthetic training devices typically used for basic pilot licences and instrument rating purposes, is still under development and will be implemented at a later stage.
The implementation of CASR Subparts 60.A and 60.B requires the consequential amendment of section 45.0 of the CAOs. This Order makes those consequential amendments by removing references to flight simulators, as these are now detailed in CASR Subparts 60.A and 60.B, and to FSD-1.
Section 45.0 continues to apply to synthetic trainers, which are defined in CAR 1988. In addition, the applicable standards will continue in FSD-2.
Under transitional provisions, all flight simulator users and operators will retain the approvals granted under the current legislation. Most CASA flight simulator certificates and approvals have been issued with no expiry date. As part of the transition process CASA will issue new certificates and approvals as needed.
Regulation Impact Statement, CASA #0301, has been prepared and approved by the Office of Regulation Review in support of the implementation of CASR Subparts 60.A and 60.B, including the consequential amendment of Section 45.0 of the CAOs.
The Order came into effect on Gazettal.
The Order has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Civil Aviation Amendment Order (No. 2) 2004]
Overview
The Civil Aviation Amendment Order (No. 2) 2004, enacted to address the need for updated regulatory standards in the use of synthetic flight trainers, was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) in accordance with the Civil Aviation Act 1988. This amendment followed the introduction of the Civil Aviation Safety Regulations 1998 (CASR) Part 60, which established rules for the manufacture, supply, and use of synthetic training devices, aiming to ensure that these devices meet necessary qualifications, operation, and approval standards. The Order removes references to flight simulators and FSD-1 from section 45.0 of the Civil Aviation Orders (CAO) as these are now covered in CASR Subparts 60.A and 60.B, while retaining the standards for synthetic trainers as defined in CAR 1988 and FSD-2. The transitional provisions ensure that all existing flight simulator approvals remain valid, with CASA issuing new certificates and approvals as required. This regulatory update seeks to harmonise the legislative framework with contemporary aviation safety standards, ensuring that synthetic training devices continue to provide a safe environment for pilots and flight engineers to gain essential competencies.
Scope and Application
The Civil Aviation Amendment Order (No. 2) 2004, made under the authority of the Civil Aviation Act 1988, pertains specifically to the approval and operational standards of synthetic flight trainers used for pilot training and experience accumulation. The Order applies to entities and individuals involved in the aviation industry, particularly those responsible for the training of pilots and flight engineers, as well as the manufacturers, suppliers, and operators of synthetic training devices. The geographic reach of this legislation is national, as it is administered by the Civil Aviation Safety Authority (CASA) which operates under the Commonwealth of Australia. The Order amends the Civil Aviation Regulations 1988 and the Civil Aviation Orders to align with the Civil Aviation Safety Regulations 1998, ensuring a consistent regulatory approach across all jurisdictions in Australia. Exclusions and exemptions are not explicitly detailed in this Order, but they are managed through the detailed conditions and standards outlined in the referenced regulations and operational standards documents. The Order allows for the extension and restriction of its application through subordinate instruments, such as the specific standards and conditions detailed in CASR Part 60 and FSD-2.
Key Provisions
The Civil Aviation Amendment Order (No. 2) 2004 modifies provisions of the Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Orders (CAOs) to align with the new Civil Aviation Safety Regulations 1998 (CASR 1998) standards for synthetic flight trainers. Section 45.0 of the CAOs, which specifies requirements for synthetic flight trainers, is amended to reflect the updated standards and requirements detailed in CASR Part 60. The changes remove outdated references to flight simulators, which are now covered under CASR Subparts 60.A and 60.B, and update the standards for synthetic trainers. The transitional provisions ensure that current flight simulator approvals remain valid during the transition to the new regulations.
The Civil Aviation Amendment Order (No. 2) 2004 imposes several obligations on the parties governed by the legislation. It requires flight crew members and entities operating synthetic flight trainers to comply with the updated standards set forth in CASR Part 60. This includes adhering to the new operational standards and requirements for approved flight simulators and synthetic trainers. The Civil Aviation Safety Authority (CASA) is mandated to issue new certificates and approvals as necessary to reflect these changes. Additionally, flight simulator users and operators must ensure that their devices meet the specified criteria and standards to maintain their approval status.
Breaches of the Civil Aviation Amendment Order (No. 2) 2004 may result in various penalties and consequences. Entities that fail to comply with the updated standards for synthetic flight trainers may face enforcement actions from CASA. The penalties for non-compliance can include fines and potential suspension or revocation of approval for the synthetic flight trainer. The specific penalties depend on the nature and severity of the breach. Furthermore, individuals or entities found guilty of serious non-compliance may face criminal charges, which could result in substantial fines or imprisonment, depending on the offence. Compliance with the regulations is crucial to maintaining the safety and efficacy of synthetic flight training in the aviation sector.