Civil Aviation Amendment Regulations 2000 (No. 8) 2000 No. 295
EXPLANATORY STATEMENT
Statutory Rules 2000 No. 295
Issued by the Authority of the Minister for Transport and Regional Services
Civil Aviation Act 1988
Civil Aviation Amendment Regulations 2000 (No. 8)
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.
With the exception of cross-country flying training, regulation 141 of the Civil Aviation Regulations 1988 (CAR 1988) currently requires all flying training outside the traffic pattern or a 10 nautical mile radius of an aerodrome to be conducted in a designated 'flying training area'. Regulation 2 of CAR 1988 defines a 'flying training area' and requires it to be designated by Airservices Australia (AA).
Regulation 2.09 of the Air Service Regulations 1995 provides for Airservices Australia (AA) to designate an area as a flying training area. However, no flying training areas have ever been designated and neither CASA nor AA have seen any safety requirement to do so. As a consequence, all flying training currently conducted in such areas is technically being performed illegally. This has obvious legal ramifications for both the aviation industry and CASA as well as implications for insurance coverage.
These Regulations remove the requirement for flying training to be carried out, inter alia, in designated flying training areas, and simplifies the definition of a flying training area. The amending regulations also clarify the fact that training conducted under the auspices of an airline check and training organisation, does not have to be conducted in a flying training area.
Details of the amending Regulations are attached.
The Regulations commence on gazettal.
ATTACHMENT
Civil Aviation Amendment Regulations 2000 (No. 8)
DETAILS OF THE AMENDING REGULATIONS
Regulation 1 - Name of Regulations
Regulation 1 sets out the name of regulations as the Civil Aviation Amendment Regulations 2000 (No. 8)
Regulation 2 - Commencement
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 - Amendment of Civil Aviation
Regulations 1988 Regulation 3 provides that Schedule 1 amends the Civil Aviation Regulations 1988.
SCHEDULE 1 -Amendments
Item 1 - Subregulation 2 (1), definition of flying training area
Item 1 amends subregulation 2(1) by deleting the existing subregulation 2(1)(b) that requires a flying training area to be designated by Airservices Australia under regulation 2.09 of the Air Services Regulations 1995, and substituting a new definition for flying training area.
Item 2 - Regulation 141
Item 2 amends regulation 141 by deleting the existing subregulation 141(3)(a) that refers to designated flying training areas and calls for all training to be conducted within specified areas. Regulation 141 (1) has been retained but expanded to deal specifically with low flying and acrobatics in flying training areas and existing paragraph (3) (b) has been renumbered to subregulation (2).
Overview
The Civil Aviation Amendment Regulations 2000 (No. 8) were enacted to address the existing legal issues surrounding the designation and use of flying training areas for civil aviation in Australia. As per the Civil Aviation Act 1988, the Minister for Transport and Regional Services has the authority to make regulations for the purposes of the Act, particularly concerning the safety of air navigation. The policy objective behind these regulations is to streamline the process of flying training by removing the requirement for designated flying training areas and simplifying the definition of such areas. This amendment aims to resolve the technical illegality of all flying training conducted outside designated areas and to alleviate the legal ramifications for both the aviation industry and the Civil Aviation Safety Authority (CASA). These regulations were issued under the authority of the Minister for Transport and Regional Services and took effect upon gazettal.
Scope and Application
The Civil Aviation Amendment Regulations 2000 (No. 8) pertain to the Civil Aviation Act 1988 and are designed to enhance the safety and regulation of civil air operations within Australia. These Regulations apply to all entities involved in civil aviation, including pilots, flight instructors, training organisations, and regulatory bodies such as the Civil Aviation Safety Authority (CASA) and Airservices Australia (AA). The geographic reach of these Regulations is national, impacting all regions within Australia. The Regulations specifically address the removal of the requirement for flying training to be conducted within designated flying training areas and clarify the definition of a flying training area, thereby simplifying compliance for aviation training providers. This amendment is intended to resolve the technical illegality of flying training conducted outside designated areas, which previously lacked official designation. The Regulations also specify that training conducted under the auspices of an airline check and training organisation does not need to be within a flying training area. These changes are intended to streamline regulatory compliance and ensure that aviation safety standards are upheld without unnecessary administrative burdens. The Regulations extend their application through subordinate instruments, ensuring a comprehensive approach to aviation safety regulation.
Key Provisions
The Civil Aviation Amendment Regulations 2000 (No. 8) (the Regulations) primarily amend the Civil Aviation Regulations 1988 (CAR 1988) by removing the requirement for flying training to be conducted in designated flying training areas. This change is significant because, under the existing CAR 1988, all flying training outside the traffic pattern or a 10 nautical mile radius of an aerodrome had to be conducted in a flying training area designated by Airservices Australia (AA). This requirement was stipulated in Regulation 141(3)(a) of CAR 1988. However, the Regulations now simplify the definition of a flying training area and clarify that training conducted under the auspices of an airline check and training organisation does not have to be conducted in such areas.
The Regulations impose obligations on parties conducting flying training to ensure that their operations comply with the amended requirements. Specifically, the amendments relieve them from the need to conduct training in a designated flying training area, thereby simplifying compliance. However, they must still adhere to the safety standards set out in the Civil Aviation Act 1988 (the Act) and ensure that any low flying or acrobatics comply with the new regulations. The definition of a flying training area in subregulation 2(1) has also been revised to exclude the need for designation by AA, simplifying the process further.
The Civil Aviation Amendment Regulations 2000 (No. 8) do not introduce new offences or penalties but operate within the existing framework of the Act and CAR 1988. Violations of safety standards or failure to comply with the Civil Aviation Safety Authority's (CASA) regulations could lead to enforcement actions, including fines and other penalties as prescribed in the Act. For instance, CASA could issue infringement notices or pursue legal action against non-compliant parties, which could result in significant financial penalties. Moreover, any accidents or incidents resulting from non-compliance could have severe civil and criminal consequences, including potential prosecution under the Act. The exact penalties would depend on the nature and severity of the breach.