Civil Aviation Order 40.0 Amendment Order (No. 2) 2008

Overview

The Civil Aviation Order 40.0 Amendment Order (No. 2) 2008 was enacted to address the need for updated English language proficiency standards for pilots and flight engineers in line with International Civil Aviation Organization (ICAO) requirements. This amendment to the Civil Aviation Regulations 1988 (CAR 1988) was introduced to ensure that flight crew possess sufficient English language skills to operate safely within Australian airspace, aligning with international standards that necessitate levels 4, 5, and 6 of English proficiency for operational flying. The objective of this amendment was to enhance safety in air navigation by implementing stringent language requirements for all flight crew, thereby reducing risks associated with language barriers. This change was made by the Acting Director of Aviation Safety under the authority of the Civil Aviation Act 1988 and became effective from 5 March 2008, with specific provisions for student pilots deferred to 1 January 2009. The amendment also corrects minor typographical errors and is subject to parliamentary disallowance under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Order 40.0 Amendment Order (No. 2) 2008 amends the Civil Aviation Regulations 1988 by updating the English language proficiency requirements for pilots and flight engineers, aligning them with the International Civil Aviation Organization's standards. This Act applies to all pilots and flight engineers who hold or are applying for an Australian-issued licence, ensuring they meet the required levels of English language proficiency as defined by ICAO, specifically levels 4 (operational), 5 (extended) and 6 (expert). The changes came into effect from 5 March 2008 for operational pilots and flight engineers, with the requirements for student pilots being deferred to 1 January 2009. The amendment also corrects minor typographical errors and is declared a disallowable instrument under the Legislative Instruments Act 2003, meaning it is subject to tabling and disallowance in the Parliament. The Act does not require further consultation as it is deemed minor and of a machinery nature, and a Regulation Impact Statement is not necessary due to the low impact on business compliance costs.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) Amendment Order (No. 2) 2008 (Amendment Order) makes significant changes to the English language proficiency requirements for pilots and flight engineers. Regulation 303 of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to specify conditions for licences or certificates, which are to be of general application to a specified class of licences or certificates. Subregulation 5.09(1) of CAR 1988 mandates that CASA may only issue a flight crew licence if the applicant has sufficient knowledge of the English language to safely exercise the authority given by the licence. This Amendment Order updates the English language proficiency requirements, aligning them with the International Civil Aviation Organization's (ICAO) standards, which recognise only levels 4 (operational), 5 (extended) and 6 (expert) of English language proficiency for operational flying. The Amendment Order introduces these updated English language proficiency requirements for all pilots and flight engineers, effective from 5 March 2008. The new requirements were initially set to apply to student pilots from 5 September 2008. However, after consultation, it was decided to defer this requirement until 1 January 2009. This change ensures that all pilots, regardless of their licence type, meet the necessary English language proficiency standards to ensure safe air operations. This change is a continuation of the existing requirement under regulation 5.09 of CAR 1988, which has always emphasised the importance of English language proficiency for flight crew. Under the Legislative Instruments Act, the Amendment Order is considered a disallowable instrument, subject to tabling and disallowance in the Parliament. The Office of Best Practice Regulation has determined that this Amendment Order does not require a Regulation Impact Statement, as the preliminary assessment suggests a low impact on business. This decision reflects the minor or machinery nature of the amendment, as well as the prior consultation conducted through the NPRM process. The Amendment Order was made by the Acting Director of Aviation Safety in accordance with subsection 84A(2) of the Act, and it came into effect the day after its registration. The Amendment Order also imposes specific obligations on the parties and entities it governs. All pilots and flight engineers must now meet the updated English language proficiency requirements, which are based on ICAO standards. This includes demonstrating proficiency at least at level 4 (operational) to ensure safe communication and understanding in aviation operations. Failure to meet these requirements can result in CASA not issuing or renewing a licence or certificate, which could lead to serious safety implications. The Amendment Order also corrects minor typographical errors in the existing regulations to ensure clarity and accuracy in the requirements. There are no specific offences, penalties, or consequences outlined in the Amendment Order itself. However, any breach of the English language proficiency requirements could potentially lead to CASA not issuing or renewing a licence or certificate. This could result in a pilot or flight engineer being unable to legally exercise the authority given by their licence, which could have significant professional and safety implications. The primary focus of the Amendment Order is to ensure that all flight crew members meet the necessary language proficiency standards to ensure safe and effective air operations.