Explanatory statement
Civil Aviation Regulations 1988
CIVIL AVIATION AMENDMENT ORDER (NO. 4) 2005
Amendment of section 40.3.0 of
the Civil Aviation Orders
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Regulation 5.22 of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may give directions in Civil Aviation Orders (CAOs) prescribing the aircraft endorsements that must be held by the holder of a flight crew licence, a special pilot licence or a certificate of validation before the holder is permitted to carry out the duties authorised by the licence or certificate in a particular type of class of aircraft or in an aircraft that has a special design feature.
Section 40.3.0 of the CAOs prescribes aircraft endorsements for helicopter pilots by reference to types of helicopters (type endorsements) and sets out the requirements for the issue of type endorsements.
The Orders are being amended to provide new aircraft coming onto the register with appropriate endorsements. The AMT OH-58A is a helicopter type of the same design as the Bell 206. It is anticipated that there will be other types, generally described as OH-58 or OH-58A, that are also identical to the Bell 206. The amendment provides for all of these types to be included in the Bell 206 class in Appendix V to section 40.3.0 of the CAOs.
The Office of Regulation Review has advised that a Regulation Impact Statement is not required because the proposed amendments are minor and machinery of government in nature and will not substantially alter existing arrangements.
The Order came into effect on the day after it was registered. It was 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. 4 ) 2005]
Overview
The Civil Aviation Amendment Order (No. 4) 2005 was introduced to amend section 40.3.0 of the Civil Aviation Orders 1988, which prescribe the aircraft endorsements required for helicopter pilots. This amendment was enacted by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) and was made under the authority of the Civil Aviation Act 1988. The primary objective of this amendment was to address the issue of newly registered helicopters, specifically the AMT OH-58A, which are identical to the Bell 206 in design. The purpose was to ensure that these helicopters are appropriately included within the Bell 206 class in the Civil Aviation Orders, thereby providing clear and consistent regulatory oversight. The amendment was deemed minor and of a machinery of government nature, not requiring a Regulation Impact Statement, and came into effect immediately after registration.
Scope and Application
The Civil Aviation Amendment Order (No. 4) 2005 pertains to the Civil Aviation Regulations 1988 and specifically modifies section 40.3.0 of the Civil Aviation Orders, which relate to aircraft endorsements for helicopter pilots. This amendment is enacted under the authority of section 98 of the Civil Aviation Act 1988, empowering the Governor-General to establish regulations in the interest of air navigation safety. The Civil Aviation Amendment Order (No. 4) 2005 applies to individuals holding flight crew licences, special pilot licences, or certificates of validation, ensuring that these individuals possess the necessary endorsements to operate specific types of helicopters, particularly those of the Bell 206 design, including the AMT OH-58A and similar variants. The amendment integrates these helicopter types into the Bell 206 class, thereby ensuring regulatory coherence and safety standards are uniformly applied. The changes are designed to accommodate new aircraft entering the register and are deemed minor by the Office of Regulation Review, necessitating no comprehensive Regulation Impact Statement. The Order is executed by the Director of Aviation Safety on behalf of CASA, aligning with the statutory framework established by the Civil Aviation Act 1988.
Key Provisions
The main operative sections of the Civil Aviation Amendment Order (No. 4) 2005 pertain to section 40.3.0 of the Civil Aviation Orders (CAOs). Specifically, section 40.3.0 deals with aircraft endorsements for helicopter pilots and their requirements. The amendment introduces new provisions that allow for newly registered aircraft types, specifically the AMT OH-58A helicopter, to be included within the Bell 206 class in Appendix V to section 40.3.0 of the CAOs (section 40.3.0). This means that any helicopters of the type AMT OH-58A, which are essentially identical to the Bell 206, will be recognised under the Bell 206 class, thereby ensuring that they meet the same operational standards and requirements.
The obligations and requirements imposed by this Order are primarily focused on ensuring that all helicopters of the specified types carry the appropriate endorsements. This involves the Civil Aviation Safety Authority (CASA) and licensed helicopter pilots ensuring that the endorsements for the Bell 206 class include the AMT OH-58A helicopters. The amendment mandates that CASA include these types in the official documentation and ensure that the relevant authorities are informed of these changes to maintain safety and compliance with aviation regulations.
In terms of breaches and consequences, the Civil Aviation Amendment Order (No. 4) 2005 does not explicitly detail specific offences, penalties, or consequences for non-compliance. However, under the broader framework of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, failure to comply with the endorsed requirements and regulations can result in significant penalties. These may include fines, suspension or revocation of flight crew licences or certificates, and potential criminal charges in cases of gross negligence or wilful misconduct. The exact penalties would be determined based on the nature and severity of the breach, but they can be severe given the critical nature of aviation safety.