Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Order 40.1.7 Amendment Order (No. 1) 2008
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Subregulation 5.14 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may give directions in Civil Aviation Orders (the CAOs) setting out requirements for the issue of a flight crew rating, or grade of rating.
Subregulations 5.16 (1) and (2) of CAR 1988 provide that CASA may issue or renew a flight crew rating, or grade of rating, subject to conditions that must be set out in, among other things, the CAOs.
Regulation 5.18 of CAR 1988 provides that CASA may give directions in the CAOs setting out the authority given by, and the limitations of, a flight crew rating, or grade of rating, and the flight tests to be passed to exercise that authority.
For flight instructor (aeroplane) ratings, these directions and conditions are contained in Civil Aviation Order 40.1.7 (CAO 40.1.7). Subparagraph 4.2 (b) of CAO 40.1.7 provides that an applicant for the issue of a flight instructor (aeroplane) rating grade 2 must have logged at least 200 hours flight time instructing in other than navigational sequences specified in the aeroplane syllabus that are relevant to the private pilot (aeroplane) licence. Subparagraph 4.2 (c) specifies that the applicant must have logged at least 50 hours flight time instructing in navigational sequences specified in the aeroplane syllabus.
Subparagraph 4.3 (b) of CAO 40.1.7 provides that an applicant for the issue of a flight instructor (aeroplane) rating grade 1 must have logged at least 750 hours instructional experience including 500 hours flight time, instructing in sequences specified in the aeroplane syllabus.
The purpose of the amendments is to remove references to the aeroplane syllabus from subparagraphs 4.2 (b) and (c) and 4.3 (b) of CAO 40.1.7 so as to avoid an unduly restrictive interpretation on what types of instructional experience are recognised. The words “aeroplane syllabus” are not defined and CASA considers that they could be interpreted as referring only to experience in instructing in accordance with the CASA Day Visual Flight Rules Syllabus. This is not what is intended as the provisions are intended to apply to broad experience in instructing, other than where it is intended to apply to particular instructional experience as in subparagraph 4.2 (c). The amendments, therefore, remove references to the aeroplane syllabus and refer instead only to instructing in sequences. The exception is in the case of subparagraph 4.2 (c) where the reference is intended to be restrictive, referring only to sequences of a limited nature. Those sequences are excluded from the sequences referred to in subparagraphs 4.2 (b) and 4.3 (b). The minimum number of hours of instructional experience and all other requirements of the 3 subparagraphs that an applicant for a flight instructor (aeroplane) rating grade 2 or grade 1 must satisfy are retained. CASA does not consider that the amendments will have an adverse effect on the safety of air navigation.
Legislative Instruments Act
Under subsection 98 (5) of the Act, CAOs which contain directions under the regulations are declared to be disallowable instruments. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The Amendment Order is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has been undertaken in this case through the Standards Consultative Committee process. The amendments were approved because they are entirely beneficial with no adverse impacts on operators, pilots or trainee flying instructors.
Office of Best Practice Regulation
Clearance has been obtained from the Office of Best Practice Regulation. The amendments are considered to be minor or machinery in nature.
The instrument commences on the day after it is registered.
The Amendment Order has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Civil Aviation Order 40.1.7 Amendment Order (No. 1) 2008]