EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
AMENDMENT OF SECTION 40.3.0
AIRCRAFT ENDORSEMENTS — HELICOPTERS
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.
Subregulation 5.22 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may give directions in Civil Aviation Orders (the CAOs) prescribing the aircraft endorsements that must be held by a licence holder before the holder is permitted to carry out the duties authorised by the licence in a particular type or class of aircraft.
Subregulation 5.22 (2) of CAR 1988 provides that CASA may give directions in the CAOs classifying types of helicopters into classes.
Subregulation 5.23 (1) of CAR 1988 provides that CASA may give directions in the CAOs setting out requirements for the issue of aircraft endorsements.
Section 40.3.0 of the CAOs prescribes aircraft endorsements for helicopters, classifies types of helicopters into classes and sets out the requirements for the issue of aircraft endorsements for helicopters.
Paragraph 3.1 of section 40.3.0 of the CAOs provides that an endorsement mentioned in column 1 of Part 2 of Appendix IV authorises the holder to fly the type of helicopter mentioned in column 2 of that Part. Part 2 of Appendix IV deals with multi-engine helicopters certificated in a category other than the transport category.
The Order amends Part 2 of Appendix IV of section 40.3.0 to add a new endorsement in respect of Bell 427 type helicopters.
Paragraphs 3.3 and 3A.3 of section 40.3.0 of the CAOs provide, respectively, that a command endorsement for a type or class of helicopter mentioned in column 2 of Part 1 of Appendix VII authorises the person to fly the helicopter type mentioned in column 3 as pilot in command (or co-pilot) if the person also holds an endorsement for an Allison C250 powered helicopter. Part 1 of Appendix VII of section 40.3.0 also restates this authorisation.
The Order amends paragraphs 3.3 and 3A.3, and Part 1 of Appendix VII of section 40.3.0 of the CAOs to provide that holding an endorsement for a Rolls Royce powered helicopter will also have this effect. The Order merely reflects a change in the name of an aircraft engine manufacturer.
Legislative Instruments Act
Under subsection 98 (5) of the Act, where the regulations provide for certain instruments to be issued in the form of CAOs, such CAOs are declared to be disallowable instruments. 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 Order 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 under section 17 of the LIA has not been undertaken in this case because the Order merely adds a new helicopter type and related endorsement to the CAO and reflects a change in the name of an aircraft engine manufacturer.
As the Order is of a minor nature the Office of Regulation Review does not require a Regulation Impact Statement.
The instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
The CAO 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. 5) 2005]
Overview
The Civil Aviation Orders Amendment (No. 5) 2005, made under the authority of the Civil Aviation Act 1988, addresses a specific need to update the Civil Aviation Orders (CAOs) concerning helicopter endorsements and engine classifications. The Civil Aviation Amendment Order (No. 5) 2005 was enacted to amend Section 40.3.0 of the CAOs to incorporate a new endorsement for the Bell 427 type helicopters and to adjust the endorsement requirements to reflect a change in the name of an aircraft engine manufacturer, specifically from Allison to Rolls Royce. This amendment aims to ensure the safety and efficacy of air navigation by keeping the regulatory framework current with technological and industry changes. The Order is subject to the provisions of the Legislative Instruments Act 2003, which mandates its tabling and potential disallowance in Parliament. Given the nature of the amendments, no formal consultation was deemed necessary, and the Order does not require a Regulation Impact Statement as it is considered minor in scope.
Scope and Application
The Civil Aviation Amendment Order (No. 5) 2005 amends Section 40.3.0 of the Civil Aviation Orders (CAOs) to adjust the aircraft endorsements for helicopters, specifically adding a new endorsement for Bell 427 type helicopters and reflecting a name change for an aircraft engine manufacturer. This amendment applies to licence holders who operate helicopters within Australia, ensuring that they meet the updated requirements for endorsements necessary to fly certain types of helicopters. The changes are made under the authority granted by Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation, and are subject to the provisions of the Legislative Instruments Act 2003. The amendments reflect technical updates rather than substantive changes, hence consultation and a Regulation Impact Statement were not required. These regulations are effective from the day after registration on the Federal Register of Legislative Instruments.
Key Provisions
The key provisions of the Civil Aviation Amendment Order (No. 5) 2005 (F2005L01139) primarily involve amendments to the Civil Aviation Orders (CAOs) concerning aircraft endorsements for helicopters, specifically adding a new endorsement for Bell 427 type helicopters and modifying the conditions under which a Rolls Royce powered helicopter endorsement can be used. Under section 40.3.0 of the CAOs, an endorsement authorises a licence holder to fly a particular type of helicopter, as specified in Part 2 of Appendix IV (paragraph 3.1). The amendment introduces a new endorsement for Bell 427 helicopters, while also adjusting the conditions under which a Rolls Royce powered helicopter endorsement can be used for command purposes, as detailed in paragraphs 3.3, 3A.3, and Part 1 of Appendix VII of section 40.3.0.
The obligations imposed by these amendments include ensuring that any person seeking to act as pilot in command or co-pilot of a Bell 427 helicopter must hold the appropriate endorsement. Additionally, for those already holding a Rolls Royce powered helicopter endorsement, the new provisions allow them to fly such helicopters as pilot in command or co-pilot if they also hold an appropriate type endorsement. These requirements are designed to maintain safety standards in air navigation by ensuring that pilots are properly endorsed for the types of aircraft they operate.
Failure to comply with the requirements set out in the CAOs can lead to significant consequences. While specific offences and penalties are not detailed within the scope of this amendment, breaches of the CAOs generally may result in enforcement actions by the Civil Aviation Safety Authority (CASA). Such actions could include the suspension or revocation of a pilot's licence, administrative fines, or other corrective measures. The CAOs, as legislative instruments, are subject to disallowance in Parliament, and their provisions carry the weight of law, making compliance essential for all licence holders.
The Order itself is a legislative instrument under the Legislative Instruments Act 2003 (LIA) and is subject to tabling and disallowance in Parliament. Despite its minor nature, the Order was made in accordance with the Civil Aviation Act 1988 and the regulations, and it comes into effect upon registration on the Federal Register of Legislative Instruments. The amendments reflect changes in helicopter types and engine manufacturers, ensuring that the regulatory framework remains current and accurate.