Civil Aviation Amendment Regulations 1999 (No. 7) 1999 No. 354
EXPLANATORY STATEMENT
Statutory Rule 1999 No. 354
Issued by the authority of the Minister for Transport and Regional Services
Civil Aviation Act 1988
Civil Aviation Amendment Regulations 1999 (No. 7)
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Subsection 9(1) of the Act specifies that the Civil Aviation Safety Authority (CASA) has the function of conducting safety regulation of civil air operations by means that include developing and promulgating appropriate, clear and concise safety standards and issuing certificates, licences, registrations and permits.
The amendment to the regulations will introduce a new qualification for aircraft pilots. The title of the new qualification will be Private IFR rating.
Holders of the Private IFR rating are authorised to fly an aircraft as pilot in command under the Instrument Flight Rules (IFR) in private operations and certain flying training operations.
The fundamental authority given by the Private IFR rating relates to flight above the Lowest Safe Altitude. Holders of the rating may subsequently qualify for flight procedure authorisations which relate to departures and arrivals.
Details of the amending regulations are attached.
The regulations commence on 1 January 2000.
ATTACHMENT
Civil Aviation Amendment Regulations 1999 (No. 7)
DETAILS OF THE PROPOSED REGULATIONS
REGULATION 1
Proposed regulation 1 sets out the name of the regulations.
REGULATION 2
Proposed regulation 2 provides that the regulations commence on 1 January 2000.
REGULATION 3
Proposed regulation 3 provides that the Civil Aviation Regulations 1988 are amended as set out in Schedule 1.
SCHEDULE 1
ITEM 1
Proposed item 1 amends subregulation 2(1) definition of aeroplane pilot rating by adding the multi-engine aeroplane grade of private IFR rating and the single-engine aeroplane grade of private IFR rating to the types of aeroplane pilot ratings.
ITEM 2
Proposed item 2 amends subregulation 2(1) definition of flight test to specify that a flight test is set by CASA.
ITEM 3
Proposed item 3 amends subregulation 2(1) definition of helicopter pilot rating by adding the multi-engine helicopter grade of private IFR rating and the single-engine helicopter grade of private IFR rating to the types of helicopter pilot ratings.
ITEM 4
Proposed item 4 amends subregulation 2(1) by adding a definition of instrument rating.
ITEM 5
Proposed item 5 amends subregulation 2(1) by adding a definition of private IFR rating.
ITEM 6
Proposed item 6 amends regulation 5.13 by inserting a new paragraph which adds the grades of private IFR rating to the grades of flight crew rating.
ITEM 7
Proposed item 7 amends subregulation 5.14(1) to provide that a person may be required to meet certain requirements before being eligible for a flight crew rating, and for CASA to specify those requirements in Civil Aviation Orders.
ITEM 8
Proposed item 8 amends subregulation 5.14(2) by removing reference to "if, and only if," and substituting '"only if".
ITEM 9
Proposed item 9 amends paragraphs 5.14(2)(a) and (b) by providing that CASA may issue a flight crew rating to a person only if the specified requirements and conditions have been met.
ITEM 10
Proposed item 10 adds regulation 5.17A which provides for holders of a private IFR rating to be subject to regular flight reviews, and for CASA to specify in Civil Aviation Orders the details of flight reviews.
ITEM 11
Proposed item 11 amends regulation 5.19 by adding a provision that CASA may describe in Civil Aviation Orders the flight tests that relate to flight crew ratings.
ITEM 12
Proposed item 12 adds regulation 5.20A which provides for the issue of flight procedure authorisations.
Proposed item 12 also adds regulation 5.2013 which provides for a person to be required to meet certain conditions before a flight procedure authorisation may be issued to the person.
Proposed item 12 also adds regulation 5.20C which provides for CASA to specify in Civil Aviation Orders the kinds of flight procedure authorisations that may be issued, the requirements that must be satisfied before those flight procedure authorisations may be issued to a person, the administrative procedures relating to flight procedure authorisations, and the authority given by each flight procedure authorisation.
ITEM 13
Proposed item 13 amends paragraph 5.51 (1)(a) by adding a requirement for a personal log book to be suitable for the entry of flight procedure authorisations.
ITEM 14
Proposed item 14 amends the heading to regulation 5.59 by removing reference to flight crew licences.
ITEM 15
Proposed item 15 amends paragraph 5.59(f) to provide for an additional paragraph to be added to regulation 5.59.
ITEM 16
Proposed item 16 amends regulation 5.59 by adding paragraph 5.59(g) to provide for CASA to issue a syllabus relating to a flight crew rating.
ITEM 17
Proposed item 17 amends subparagraph 5.80(2)(d)(5) by amending the spelling of "airplane" to "aeroplane".
ITEM 18
Proposed item 18 amends subparagraph 5.107(3)(d)(ii) by amending the spelling of "airplane" to "aeroplane".
ITEM 19
Proposed item 19 amends subregulation 176(1) by adding the private IFR rating to the authorisations which authorise a pilot to fly under the IFR.
ITEM 20
Proposed item 20 amends paragraph 178(5)(a) by adding a provision which authorises a pilot to fly under the IFR during arrival and departure when not subject to air traffic control nor carrying out certain published procedures.
ITEM 21
Proposed item 21 amends regulation 178 by adding subregulation 178(5A) which provides for definitions of arrival and departure.