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]
Overview
The Civil Aviation Order 40.1.7 Amendment Order (No. 1) 2008 amends the Civil Aviation Order 40.1.7, which sets out requirements for the issue of a flight crew rating, or grade of rating, under the Civil Aviation Act 1988. The primary objective of this amendment is to clarify and broaden the scope of instructional experience recognised for applicants seeking flight instructor ratings. The Civil Aviation Order was enacted by the Parliament of Australia to ensure the safety of air navigation and to provide for the regulation of civil aviation within Australia. The problem this amendment addresses is the potential for an unduly restrictive interpretation of the term "aeroplane syllabus" in the existing provisions, which could limit the types of instructional experience recognised as valid. The amendment seeks to remove references to the aeroplane syllabus and instead refer to instructing in sequences to avoid such a restrictive interpretation, while retaining the minimum hours of instructional experience and other requirements for applicants. The Office of Best Practice Regulation has approved the amendments, considering them to be minor or machinery in nature, and they are subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Order 40.1.7 Amendment Order (No. 1) 2008 pertains to the Civil Aviation Regulations 1988 and the Civil Aviation Order 40.1.7, which together govern the issuance and conditions of flight crew ratings and grades in Australia. The amendments apply to applicants seeking a flight instructor (aeroplane) rating, specifically those aiming for grade 2 or grade 1, and the Civil Aviation Safety Authority (CASA) which administers these ratings. The changes are designed to broaden the interpretation of instructional experience recognised for these ratings, ensuring that the requirements do not unduly limit the types of experience considered valid. The amendments remove references to the aeroplane syllabus, which CASA found could be restrictively interpreted, replacing them with broader references to instructing in sequences, except where a specific, limited scope of sequences is intended. The minimum hours of instructional experience and other requirements remain unchanged, and CASA maintains that these amendments will not compromise the safety of air navigation. This order applies nationally across Australia and is subject to disallowance under the Legislative Instruments Act 2003, having been subject to consultation and clearance processes ensuring its alignment with regulatory best practices.
Key Provisions
The key operative sections of the Civil Aviation Order 40.1.7 Amendment Order (No. 1) 2008 include the amendments to subparagraphs 4.2(b), 4.2(c), and 4.3(b) of CAO 40.1.7. These amendments remove references to the "aeroplane syllabus" in subparagraphs 4.2(b) and 4.3(b), and clarify the reference in subparagraph 4.2(c) to ensure it applies only to instructing in limited sequences. The purpose of these amendments is to avoid any unduly restrictive interpretation of the types of instructional experience recognised, while maintaining the minimum number of instructional hours and other requirements for applicants for flight instructor (aeroplane) ratings grade 2 and grade 1. The changes aim to broaden the scope of recognised instructional experience, except in cases where the experience is intended to be limited, such as in subparagraph 4.2(c).
The Civil Aviation Order 40.1.7 Amendment Order (No. 1) 2008 imposes obligations on applicants for flight instructor (aeroplane) ratings grade 2 and grade 1 to ensure they meet the updated instructional experience requirements. Specifically, applicants must log at least 200 hours of flight time instructing in sequences other than those specified in the aeroplane syllabus, at least 50 hours instructing in specified navigational sequences, and at least 750 hours of instructional experience including 500 hours of flight time instructing in specified sequences. These requirements are intended to ensure that applicants have a broad range of instructional experience, while maintaining specific requirements where necessary. CASA does not consider these changes will adversely affect the safety of air navigation.
The Amendment Order itself is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. The consultation process for these amendments was conducted through the Standards Consultative Committee, and the amendments were approved as they are entirely beneficial with no adverse impacts on operators, pilots, or trainee flying instructors. Clearance has also been obtained from the Office of Best Practice Regulation, which considers the amendments to be minor or machinery in nature. There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of the amended CAO 40.1.7 in the Explanatory Statement; however, general provisions under the Civil Aviation Act 1988 may apply in cases of non-compliance.