Civil Aviation Amendment Order (No. R14) 2004 - Civil Aviation Order 20.13 - Air service operations - Cockpit check systems (02/12/2004)

Overview

The Civil Aviation Amendment Order (No. R14) 2004, enacted in 2004, aims to revoke and replace section 20.13 of the Civil Aviation Orders. This action was taken to align the Civil Aviation Orders with the technical requirements of the Legislative Instruments Act 2003, which was set to come into effect on 1 January 2005. The Civil Aviation Amendment Order was issued by the Director of Aviation Safety under subsection 84A(2) of the Civil Aviation Act 1988 and came into effect upon gazettal. This legislative amendment did not introduce any changes in existing law or policy but sought to ensure consistency and compliance with the Legislative Instruments Act 2003. Additionally, the Order updated outdated references to legislation and introduced gender-neutral wording. The Office of Regulation Review determined that a Regulation Impact Statement was not necessary as the amendment was of a minor or machinery nature.

Scope and Application

The Civil Aviation Amendment Order (No. R14) 2004 amends the Civil Aviation Orders in relation to cockpit check systems, ensuring they comply with the Legislative Instruments Act 2003. This legislative change applies to all individuals and entities involved in civil aviation operations in Australia, specifically targeting the pilot in command and other personnel responsible for ensuring that required checks are performed before an aircraft takes flight. The scope of the Order extends nationally, as it pertains to civil aviation across all states and territories in Australia, and is enforced by the Civil Aviation Safety Authority (CASA). This Order does not introduce any new legal or policy changes but is a formalisation to meet legislative compliance. It revokes and remakes section 20.13 of the Civil Aviation Orders to ensure consistency and update outdated references, while also incorporating gender-neutral language. The changes are designed to maintain the integrity and safety of air services without altering existing practices or responsibilities.

Key Provisions

The Civil Aviation Amendment Order (No. R14) 2004 revokes and replaces section 20.13 of the Civil Aviation Orders, which originally pertained to cockpit check systems. This revision is part of a broader initiative to ensure the Civil Aviation Orders align with the technical requirements of the Legislative Instruments Act 2003, which was set to take effect on 1 January 2005. The changes made are procedural and aim to maintain consistency and compliance with the new legislative framework without altering the existing legal or policy positions. Additionally, the opportunity was taken to update references to outdated legislation and to introduce gender-neutral language into the Order. Section 20.13 of the Civil Aviation Orders, as it stood prior to this amendment, mandated that cockpit check systems must be approved by the Civil Aviation Safety Authority (CASA) and must take the form of check lists that are carried in the crew compartment. These checks are essential for ensuring that pilots and other personnel carry out necessary tests and precautions before the despatch of an aircraft on any flight, as permitted under subregulation 244(2) of the Civil Aviation Regulations 1988 (CAR 1988). The new Order maintains these core requirements but updates the language and references to ensure modern compliance and clarity. Parties governed by the Civil Aviation Orders, including airlines, pilots, and other aviation personnel, are required to adhere to the provisions outlined in section 20.13. This includes ensuring that all cockpit check systems used are approved by CASA and are carried out as specified. The updated Order reinforces the importance of these checks as a safety measure and mandates that they be consistently applied across all relevant operations. The updated wording and references serve to clarify these obligations without introducing new substantive requirements. For any breaches of the Civil Aviation Orders, including non-compliance with the updated requirements for cockpit check systems, the Civil Aviation Act 1988 provides for potential civil and criminal penalties. The specific consequences depend on the nature and severity of the breach, but the Act allows for enforcement actions that could include fines, imprisonment, or other penalties as deemed appropriate by the court. The maximum penalties for serious breaches can be significant, reflecting the critical importance of adhering to safety regulations in aviation.