EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
REVOCATION AND REPLACEMENT OF SECTION 48.4
FLIGHT TIME LIMITATIONS — FLIGHT RADIO OPERATORS
Subregulation 5.55 (1) of the Civil Aviation Regulations 1988 provides that the Civil Aviation Safety Authority (CASA) may give directions to the holder of a flight crew licence, a special pilot licence or a certificate of validation, or to an aircraft operator, about:
(a) the number of hours that a holder may fly in a period; and
(b) the length of each tour of duty undertaken; and
(c) the length of reserve time for the holder; and
(d) the rest periods that must be undertaken; and
(e) the circumstances in which the holder must not:
(i) fly as a flight crew member; or
(ii) perform any other duty associated with his or her employment; and
(f) the circumstances in which an operator must not require the holder:
(i) to fly as a flight crew member; or
(ii) perform any other duty associated with his or her employment.
Section 48.4 of the Civil Aviation Orders contained limitations on a flight radio operator’s flight time in any prescribed period, and set out the duration of a tour of duty and the necessary rest periods. The times involved were determined by reference to the aircraft and operations involved and the number of flight radio operators in a crew during a flight.
This Order revokes and remakes section 48.4. This has been done as part of a scheme to review the Civil Aviation Orders, and, in particular, to ensure that they are in a position to meet the technical requirements of the Legislative Instruments Act 2003 when it comes into effect on 1 January 2005. The remake does not involve any changes in existing law or policy in the Order. The Order is being remade solely for the purpose of ensuring compliance and consistency with the Legislative Instruments Act 2003 when it commences on 1 January 2005. However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.
The Office of Regulation Review has stated that a Regulation Impact Statement is not necessary because the remake is of a minor or machinery of government nature.
The Order has been issued by the Director of Aviation Safety in accordance with subsection 84A (2) of the Civil Aviation Act 1988.
The Order came into effect on gazettal.
[Civil Aviation Amendment Order (No. R51) 2004]
Overview
The Civil Aviation Amendment Order (No. R51) 2004, enacted to comply with the Legislative Instruments Act 2003, addresses the need for the Civil Aviation Orders to meet modern legislative standards. This Order specifically revokes and remakes section 48.4 of the Civil Aviation Orders, which had previously established limitations on a flight radio operator’s flight time, tour of duty duration, and rest periods. The changes are not intended to alter existing laws or policies but rather to ensure the Orders' alignment with the new legislative framework. Additionally, the Order incorporates updated references to existing legislation and gender-neutral language to enhance clarity and inclusivity. The Director of Aviation Safety issued this Order under the authority granted by the Civil Aviation Act 1988, and it came into effect upon gazettal.
Scope and Application
The Civil Aviation Orders, specifically the amendment concerning section 48.4, apply to flight radio operators who are holders of flight crew licences, special pilot licences, or certificates of validation, as well as to aircraft operators. This regulation governs the flight time limitations for flight radio operators, including the number of hours they may fly within a specific period, the length of their tours of duty, the reserve time they must observe, and the rest periods that are mandatory. The Civil Aviation Safety Authority (CASA) holds the authority to issue directives to these licence holders and operators regarding these flight time limitations and associated conditions. This Order applies across Australia, given its foundation in the Civil Aviation Act 1988 and its enforcement by CASA. The amendment is a technical update to ensure compliance with the Legislative Instruments Act 2003, without altering existing policies or legal frameworks. Additionally, it includes modernisation of legislative references and gender-neutral language. This Order came into effect upon gazettal and is subject to further specification through subordinate instruments as necessary for its implementation.
Key Provisions
The Civil Aviation Amendment Order (No. R51) 2004, which revokes and remakes section 48.4 of the Civil Aviation Orders, retains the core provisions concerning flight time limitations for flight radio operators, as outlined in subregulation 5.55(1) of the Civil Aviation Regulations 1988. Specifically, it mandates that the Civil Aviation Safety Authority (CASA) can issue directives to flight crew licence holders, special pilot licence holders, certificate of validation holders, and aircraft operators. These directives cover the permissible number of flying hours within a given period, the length of each tour of duty, the reserve time required, and the mandatory rest periods. Furthermore, the regulations specify the circumstances under which a licence holder must not fly or perform any employment-related duties, as well as conditions under which an operator cannot require such activities. Section 48.4 of the Civil Aviation Orders, now remade as part of this Order, focuses on flight radio operators’ flight time limitations in prescribed periods, tour of duty durations, and rest periods, with these being dependent on the type of aircraft, operations involved, and the number of flight radio operators in a crew during a flight.
This legislative amendment imposes specific obligations on licence holders and aircraft operators to adhere to the directives issued by CASA regarding flight time limits, tour of duty lengths, and rest periods. Licence holders must comply with the stipulated flight hours and rest periods and refrain from flying or performing employment-related duties under the specified conditions. Aircraft operators are obligated to ensure that they do not require licence holders to fly or perform duties in contravention of the regulations. This includes maintaining records and ensuring compliance with CASA’s directives to avoid any legal repercussions.
Failure to comply with the provisions outlined in the Civil Aviation Orders can lead to significant legal consequences. While the specific offences and penalties are not detailed in the explanatory statement, general civil aviation regulations typically include provisions for enforcement actions, fines, and potential licence suspension or revocation. The severity of penalties can vary depending on the nature and extent of the breach, but they are designed to ensure safety and compliance within the aviation industry. Given the critical nature of aviation safety, non-compliance can have severe implications, including potential criminal charges in cases of gross negligence or deliberate violations.