EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
AMENDMENT OF SECTION 40.1.0
AIRCRAFT ENDORSEMENTS — AEROPLANES
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.
Paragraph 5.22 (2) (a) of CAR 1988 provides that CASA may give directions in the CAOs classifying types of aeroplanes 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 40.1.0 of the CAOs prescribes aircraft endorsements for aeroplanes, classifies types of aeroplanes into classes and sets out the requirements for the issue of aircraft endorsements for aeroplanes.
Paragraph 1.1 of section 40.1.0 of the CAOs provides that the type endorsements mentioned in column 1 of Appendix I are prescribed for aeroplanes.
The Order amends Part 1 of Appendix I to add two new endorsements. ANGEL 44 is added in respect of ANGEL AIRCRAFT ANGEL 44 type aeroplanes. This is a new aircraft type soon to appear on the Australian Civil Aircraft Register (the Register). GNAT is added in respect of FOLLAND GNAT type aeroplanes. These are foreign ex-military jet trainer aircraft for which an endorsement is needed for the issue of a foreign certificate of validation.
Paragraph 1.2 of section 40.1.0 provides that the class endorsements mentioned in Appendix IA are prescribed for aeroplanes.
The Order amends Part 1A of Appendix IA to rename the YAK 3 class as YAK. This will enable the Yakovlev YAK 9, which has performance capabilities similar to the YAK 3, to be added to the Register.
Paragraph 2.1 of section 40.1.0 provides that the types of aeroplane mentioned in column 3 of an item in Appendix 1B are included in the class mentioned in column 2 of that item.
The Order amends item 37 of Appendix 1B to add the Bombardier DHC8-400 to the DHC 8 class endorsement. This is because the aircraft is an acceptable variant of the DHC 8 aircraft and is suitable for DHC 8 class endorsement.
The Order also amends item 101 of Appendix 1B to add the Yakovlev YAK 9 (all models) to the YAK class endorsement. As noted above, this is because the aircraft has performance capabilities similar to the YAK 3 and is suitable for YAK class endorsement.
The changes to the nomenclature and content of the YAK class endorsement make it necessary to have transitional and savings provisions. The first of these enables the YAK 3 class endorsement to have effect as if it were a YAK class endorsement.
The second enables a pilot who had flown a Yakovlev YAK 9 aircraft as pilot in command under the SINGLE ENGINE AEROPLANES NOT EXCEEDING 5 700 KG MAXIMUM TAKE-OFF WEIGHT class endorsement to continue to do so and be taken to have satisfied the requirements for a YAK class endorsement.
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 to section 40.1.0 new aircraft types, classes and related endorsements consistent with those already prescribed.
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 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.6) 2005]
Overview
The Civil Aviation Amendment Order (No. 6) 2005, introduced by the Civil Aviation Authority of Australia (CASA) under the Civil Aviation Act 1988, aims to update the Civil Aviation Orders (CAOs) to include new aircraft types and classes that have recently been introduced or identified as requiring specific endorsements. The changes are made in accordance with section 98 of the Act, which empowers the Governor-General to issue regulations for the safety of air navigation. The policy objective is to ensure that all aircraft types and classes are appropriately classified and that pilots are adequately endorsed to operate these aircraft within Australian airspace. The Order amends the CAOs to add new aircraft endorsements for the ANGEL 44 and FOLLAND GNAT type aeroplanes, and to rename and adjust the classification of the YAK 3 class to YAK, to include the Yakovlev YAK 9 aircraft. Transitional provisions are also included to ensure continuity for pilots already endorsed under the old classification system. The Order is a legislative instrument under the Legislative Instruments Act 2003 and is subject to disallowance by the Parliament.
Scope and Application
The Civil Aviation Amendment Order (No.6) 2005 amends section 40.1.0 of the Civil Aviation Orders 1988, enhancing the regulatory framework for aircraft endorsements in relation to aeroplanes as mandated by the Civil Aviation Act 1988. This amendment applies to individuals and entities holding a licence to operate aeroplanes in Australia, including pilots and aircraft operators. The amendments ensure that the classification and endorsement requirements are updated to include new aircraft types and classes, thereby facilitating the safe operation of these aircraft. The geographical reach of this Order is national, affecting all licence holders within Australia. While the Order introduces new endorsements and classifications, it does not exclude any specific entities or types of aircraft from its scope. However, it does not impose new restrictions but rather updates the existing regulatory framework to accommodate new aircraft types and classes. The legislative authority for these amendments is derived from section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation. This Order is subject to disallowance by Parliament and is classified as a legislative instrument under the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Amendment Order (No.6) 2005 primarily amends section 40.1.0 of the Civil Aviation Orders (CAO) 1988 to update the aircraft endorsements for aeroplanes, classify aeroplane types into classes, and set out requirements for the issue of aircraft endorsements. Section 40.1.0(1.1) adds two new aircraft type endorsements, ANGEL 44 for ANGEL AIRCRAFT ANGEL 44 aeroplanes and GNAT for FOLLAND GNAT aeroplanes. Section 40.1.0(1.2) renames the YAK 3 class as YAK to facilitate the addition of the Yakovlev YAK 9 aeroplane to the Australian Civil Aircraft Register. Section 40.1.0(2.1) updates class endorsements by adding the Bombardier DHC8-400 to the DHC 8 class and the Yakovlev YAK 9 to the YAK class. These changes necessitate transitional provisions to maintain continuity for existing endorsements and endorsements for aircraft already in operation.
The obligations imposed by the Order on relevant parties include ensuring that pilots and licence holders possess the appropriate endorsements for the aeroplanes they operate. The Civil Aviation Safety Authority (CASA) is required to update its records and procedures to reflect these changes. Operators of aeroplanes affected by these amendments must ensure their pilots are appropriately endorsed for the aircraft they fly, and must comply with any new classification requirements. The Order also requires CASA to provide the necessary documentation and endorsements to applicants in accordance with the updated provisions.
The amendment to section 40.1.0 introduces no new offences or penalties but enforces compliance with the updated endorsements and class requirements. Non-compliance with the endorsement requirements may result in legal repercussions, including the inability to operate certain types of aeroplanes without the appropriate endorsements. CASA may take enforcement action against licence holders who operate aircraft without the required endorsements, which could include fines or other penalties as prescribed by the Civil Aviation Act 1988. The specific penalties are not detailed in the Order but would be consistent with the penalties outlined in the Act for non-compliance with aviation regulations.