Overview

The Civil Aviation Amendment Order (No. R21) 2004, which revokes and remakes section 20.22 of the Civil Aviation Orders, was enacted to address the need for compliance and consistency with the Legislative Instruments Act 2003, effective from 1 January 2005. This amendment to the Civil Aviation Regulations 1988 (CAR 1988) ensures that the Civil Aviation Orders meet the technical requirements of the new Act. The policy objective behind this Order is to maintain and enhance aviation safety and regulatory standards without altering existing laws or policies. The Civil Aviation Orders were updated to include gender-neutral language and correct outdated legislative references. The Director of Aviation Safety issued the Order in accordance with the Civil Aviation Act 1988, and it came into effect upon gazettal. The Office of Regulation Review deemed that a Regulation Impact Statement was unnecessary due to the minor nature of the changes.

Scope and Application

The Civil Aviation Orders, specifically section 20.22, applies to any person who may be involved in the taxiing of aircraft on an aerodrome. This includes individuals who are not licensed pilots endorsed for that aircraft, thereby requiring approval from the Civil Aviation Safety Authority (CASA) to perform such tasks. The scope of the Order is aligned with the overarching Civil Aviation Regulations 1988 (CAR 1988), which empower CASA to provide directions and approvals under certain conditions. The Order applies across the Commonwealth of Australia and is designed to ensure the safe and compliant operation of aircraft on aerodromes. Notably, the Order does not introduce any new laws or policies but serves to update references and language to maintain consistency with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. The Order was remade to ensure compliance with this act, reflecting a machinery of government change rather than a substantive alteration in policy.

Key Provisions

The Civil Aviation Amendment Order (No. R21) 2004 revokes and replaces section 20.22 of the Civil Aviation Orders, which governs the taxiing of aircraft by individuals who are not licensed pilots. Under section 20.22 of the Civil Aviation Regulations 1988 (CAR 1988), a person is not permitted to taxi an aircraft on an aerodrome unless they hold a license as a pilot endorsed for that aircraft, or they have approval from the Civil Aviation Safety Authority (CASA) (subregulation 229(1)). The Order updates the form of the certificate of approval for taxiing and the training requirements necessary to obtain such a certificate. This update is part of a broader review of the Civil Aviation Orders to ensure compliance with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. The remake of section 20.22 does not alter existing law or policy but ensures that the Orders meet modern legislative standards. The Order also includes minor updates, such as gender-neutral wording and updated references to other legislation. The Civil Aviation Amendment Order imposes specific obligations on CASA and individuals seeking approval to taxi aircraft. CASA must issue certificates of approval to individuals who meet the specified training requirements, ensuring that only suitably qualified personnel are permitted to taxi aircraft. Individuals applying for such approval must undergo the requisite training and demonstrate their competence to CASA, which may include assessments and examinations. CASA has the authority to specify the form of the approval certificate and the training requirements under subregulation 5(1) of CAR 1988. The Order also ensures that all communications and documentation from CASA regarding these approvals are clear, consistent, and comply with the Legislative Instruments Act 2003. Failure to comply with the provisions of the Civil Aviation Regulations 1988 and the Civil Aviation Orders can result in significant consequences. For example, individuals who taxi aircraft without the necessary license or CASA approval may be subject to enforcement actions. The Civil Aviation Act 1988 and associated regulations empower CASA to take action against non-compliance, which could include fines and other penalties. The exact penalties depend on the specific circumstances and the severity of the breach, but they may include substantial monetary fines or other administrative sanctions. In addition, repeated or severe non-compliance could potentially lead to more severe criminal charges, depending on the nature and impact of the breach.