Civil Aviation Order 40.1.0 Amendment Instrument 2011 (No. 2)

Overview

The Civil Aviation Order 40.1.0 Amendment Instrument 2011 (No. 2) amends the Civil Aviation Order 40.1.0, which was made under section 98 of the Civil Aviation Act 1988. This amendment was introduced to address the need for updated aircraft endorsements due to changes in aeroplane types and classes. The Civil Aviation Order 40.1.0 originally prescribed aircraft endorsements for aeroplanes, classified types of aeroplanes into classes, and outlined the requirements for the issue of aircraft endorsements. This amendment responds to the identification of sufficient differences in certain aeroplanes to warrant separate type endorsements and the creation of new class endorsements, ensuring that the classifications and endorsements accurately reflect the characteristics of the aircraft in question. The Civil Aviation Order 40.1.0 Amendment Instrument 2011 (No. 2) was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), under the authority of subsection 73(2) of the Act. The instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, though consultation and a Regulation Impact Statement were deemed unnecessary due to the minor nature of the amendments. The changes come into effect on the day after the instrument is registered.

Scope and Application

The Civil Aviation Order 40.1.0 Amendment Instrument 2011 (No. 2) amends the Civil Aviation Order 40.1.0, which is a subordinate instrument of the Civil Aviation Act 1988, to address specific requirements for aircraft endorsements and classifications for certain aeroplane types. This Amendment Order applies to aeroplane licence holders who must comply with the new endorsements and classifications for the EMB-500 and EMB-505 aeroplanes, and the B747-400 series, as well as the new co-pilot endorsement for the Dornier Seastar aircraft type. The changes are made to ensure the safety of air navigation by reflecting the specific characteristics of these aircraft. Transitional provisions are included to ensure the continuity of existing endorsements. This amendment applies nationally across Australia, as it is an instrument under the Civil Aviation Act 1988, which has a Commonwealth jurisdiction. The Amendment Order is a legislative instrument and is subject to tabling and disallowance in the Parliament, as declared under the Legislative Instruments Act 2003. Notably, consultation under the Legislative Instruments Act 2003 was deemed unnecessary for this minor amendment, and a Regulation Impact Statement was not required due to the low impact on business compliance costs.

Key Provisions

The Civil Aviation Order 40.1.0 Amendment Instrument 2011 (No. 2) introduces significant changes to the aircraft endorsements and classifications under the Civil Aviation Act 1988, as well as the Civil Aviation Regulations 1988 (CAR 1988). It includes new aeroplane type endorsements for the EMB-500 and EMB-505 aeroplanes, which were previously included in the PHENOM class but now warrant separate endorsements due to their distinct characteristics (Section 5.22(1)). The B747-400 type endorsement has been replaced with a B747-400 series class endorsement, deemed more appropriate for this aircraft type (Section 5.22(2)(a)). Additionally, a new co-pilot endorsement has been introduced for the Dornier Seastar aircraft type (Section 5.23(1)). The Amendment Instrument also includes transitional provisions to ensure the continuity of existing endorsements until the new provisions take full effect. Under the Act, the Civil Aviation Safety Authority (CASA) is empowered to prescribe aircraft endorsements through Civil Aviation Orders (CAOs), and these endorsements must be held by licence holders before they can operate specific types or classes of aircraft (Section 98). The Amendment Instrument thus mandates that licence holders must obtain the new type endorsements for the EMB-500, EMB-505, and the B747-400 series, as well as the new co-pilot endorsement for the Dornier Seastar, in compliance with the updated regulations. These obligations are designed to ensure that pilots are adequately trained and qualified to operate these aircraft safely. Failure to comply with the new requirements could result in severe consequences. Under the Civil Aviation Act 1988, operating an aircraft without the necessary endorsements could lead to civil penalties, including fines, or even criminal charges if the non-compliance results in an aviation incident. The precise penalties would depend on the nature and severity of the breach, but they could include substantial fines and imprisonment. Additionally, CASA has the authority to cancel or suspend the licence of any pilot found to be in breach of these regulations, which could have long-lasting professional repercussions. Furthermore, the Amendment Instrument is subject to the Legislative Instruments Act 2003, which means it must be tabled and can be subject to disallowance by Parliament. This ensures a level of parliamentary oversight and scrutiny over the changes made by the Amendment Instrument. While consultation was not deemed necessary due to the minor nature of the changes, the instrument has been assessed to have a low impact on business compliance costs. The Amendment Order comes into effect on the day after it is registered, and it has been made by the Director of Aviation Safety on behalf of CASA, in accordance with the Civil Aviation Act 1988.