Civil Aviation Order 20.2 Amendment Order (No. 1) 2006

Overview

The Civil Aviation Order 20.2 Amendment Order (No. 1) 2006 was enacted to align Australian regulations with international standards regarding fuel checks for aircraft with a maximum take-off weight of more than 5,700 kg. The existing requirement under paragraph 6.1 of Civil Aviation Order 20.2 stipulated that a pilot in command must not commence a flight without ensuring the fuel quantity on board had been checked by two separate methods. Paragraph 6.2 further mandated that any discrepancies identified through these checks must not exceed 3% of the higher amount. This was an Australian-specific requirement, differing from the outcome-based rules of other national airworthiness authorities, such as the Federal Aviation Administration of the USA and the European Aviation Safety Agency. The amendment was introduced to reflect the international standards that focus on the outcome of ensuring sufficient fuel for the intended flight, rather than the specific methods used to verify fuel quantities. The Civil Aviation Order 20.2 Amendment Order (No. 1) 2006 was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), under the authority conferred by the Civil Aviation Act 1988. Although the Legislative Instruments Act 2003 requires formal consultation for certain types of amendments, this particular amendment was deemed of a minor and machinery nature, allowing CASA to proceed with the changes after consulting with most affected parties. The amendment was not subject to a Regulation Impact Statement as it was considered minor. The changes took effect on the day following the registration of the Amendment Order, effectively updating the Civil Aviation Regulations to better align with international practices.

Scope and Application

The Civil Aviation Order 20.2 Amendment Order (No. 1) 2006 amends the Civil Aviation Order 20.2, which applies to aircraft operators and pilots who are subject to the Civil Aviation Regulations 1988. Specifically, it pertains to aircraft with a maximum take-off weight exceeding 5,700 kg and modifies the requirements for fuel checks prior to flight to align with international standards. This change, which adopts an outcome-based approach, is made under the authority of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations. The amendments reflect a shift from the previous method, which required fuel quantities to be checked by two separate methods, to a more flexible, outcome-based requirement that ensures sufficient fuel is on board for the intended flight. These regulations apply across Australia, given that the Civil Aviation Order 20.2 is a national regulation administered by the Civil Aviation Safety Authority (CASA). The Amendment Order is subject to parliamentary disallowance under the Legislative Instruments Act 2003, as it is considered a disallowable instrument. Although formal consultation under the Legislative Instruments Act was not mandated due to the minor and machinery nature of the amendments, CASA consulted with affected parties to ensure their agreement with the changes.

Key Provisions

The main operative sections of the Civil Aviation Order 20.2 Amendment Order (No. 1) 2006 pertain to the requirements for fuel checks on aircraft with a maximum take-off weight of more than 5,700 kg (sections 6.1 and 6.2). These sections mandate that the pilot in command must ensure the quantity of fuel on board is verified using two separate methods before commencing a flight. Furthermore, the aircraft operator is required to have procedures in place to ensure that any discrepancies in fuel quantity do not exceed 3% of the higher amount identified by the cross-check. This amendment aims to align Australian requirements with international standards, such as those of the Federal Aviation Administration and the European Aviation Safety Agency, which focus on ensuring that sufficient fuel is on board for the intended flight. The obligations and requirements imposed by this Act primarily concern the pilot in command and the aircraft operator. The pilot must take responsibility for ensuring that the fuel quantity on the aircraft has been accurately checked through two separate methods before any flight commences. This dual-check system is designed to enhance safety by providing an additional layer of verification. Additionally, the aircraft operator must implement and maintain procedures to manage and mitigate any discrepancies in fuel quantity checks, ensuring that any differences do not exceed the stipulated 3% of the higher amount identified. These procedures are crucial in maintaining the integrity of the flight planning process and ensuring compliance with both national and international safety standards. In the event of a breach of these provisions, the Civil Aviation Regulations 1988 outline potential penalties and consequences. While the specific penalties are not detailed within the Amendment Order itself, breaches of civil aviation regulations can typically result in administrative actions, fines, or other corrective measures enforced by the Civil Aviation Safety Authority (CASA). Given the importance of fuel checks for flight safety, any failure to comply with these requirements could potentially lead to serious safety risks, resulting in significant penalties. It is also worth noting that such breaches could have broader implications, including the potential for legal action or even criminal charges in cases where negligence leads to accidents or other severe consequences.