Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 40.2.1 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 the safety of air navigation.
CAR 1988
Under subregulation 5.14 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions, in Civil Aviation Orders (CAOs), setting out the requirements for the issue to a person of a grade of flight crew rating. Under subregulation 5.14 (2), CASA must renew the grade of flight crew rating by entering it in the person’s log book only if the person has passed the necessary flight tests and satisfied the other requirements and conditions.
CAO 40.2.1
Directions for subregulation 5.14 (1) of CAR 1988 are set out in Civil Aviation Order 40.2.1 (CAO 40.2.1).
Subsection 1 (Application) of CAO 40.2.1 provides that, for the purposes of subregulation 5.14 (1) of CAR 1988, the flight tests and other requirements to be met for issue of a grade of instrument rating are set out in subsections 7 (Aeronautical knowledge), 8 (Aeronautical experience) and 10 (Instrument rating test requirements) of CAO 40.2.1.
Paragraph 8.2 provides that a person seeking an aeroplane instrument rating must hold 1 or more of the pilot’s licences or certificates listed in the paragraph, namely, a private pilot (aeroplane) licence, a commercial pilot (aeroplane) licence, an air transport pilot (aeroplane) licence (ATP(A)L) and a certificate of validation. There is no provision for the multi-crew pilot (aeroplane) licence (MP(A)L).
Paragraph 10.4.3 provides that a person may attempt the instrument rating test for initial issue of a grade of instrument rating only if the person meets the requirements of:
(a) subsection 7 (Aeronautical knowledge); and
(b) subsection 8 (Aeronautical experience); and
(c) requirements under CAR 1988 that apply for the issue of a pilot licence mentioned in paragraph 8.2; and
(d) paragraph 10.4.3A (other specific training and qualification requirements).
Background
CASA is introducing a new international pilot licence, namely, the multi-crew pilot (aeroplane) licence (MP(A)L).
The new licence was originally created by the International Civil Aviation Organizsation (ICAO) in November 2006 and the requirements for it were prescribed in Annex 1 (Personnel Licensing) of the Chicago Convention.
The MP(A)L is for co-pilots of multi-engine turbine-powered aeroplanes certificated for operation with a minimum crew of at least 2 pilots in all types of weather.
The new licence has been under consideration and evaluation by CASA with a view to its implementation in Australia.
The new licence was introduced for Australia through amendments to Part 5 of CAR 1988 (Civil Aviation Amendment Regulations 2008 (No. 4) [the CAR amendments]). The CAR amendments enable CASA to issue MP(A)Ls to eligible applicants. The CAR amendments specify the eligibility criteria for the grant of a MP(A)L, the requirements for using the licence and the requirements for qualifying for other flight crew licences as the holder of a MP(A)L.
Under the CAR amendments, a CAO will prescribe the training course, examinations, competency standards and flight tests required for the MP(A)L.
A trial of the draft MP(A)L standards and training requirements has been underway in Brisbane and it is expected that, on completion of the course, successful graduates will be issued with the MP(A)L.
Flight training organisations in Australia are interested in providing instruction for the MP(A)L and are finalising arrangements to conduct MP(A)L training for overseas airline clients. Training for the co-pilot instrument rating will be given simultaneously with training for the MP(A)L.
The CAO amendment
The CAR amendment specifies the restricted flight privileges of the holder of a MP(A)L, the highest of which is, in effect, authorisation to fly a multi-engine turbine-powered aeroplane as co‑pilot while the aeroplane is engaged in charter or RPT operations under an AOC.
Amendments to CAO 40.2.1 are required to support the implementation of the MP(A)L by enabling students to qualify for a co-pilot instrument rating while qualifying for a MP(A)L and without first having to hold 1 of the licences or certificates mentioned in paragraph 8.2.
Civil Aviation Order 40.2.1 Amendment Order (No. 1) 2008 (the CAO amendment) amends paragraph 8.2 and the effect of subparagraph 10.4.3 (c) of CAO 40.2.1 so that a person seeking an aeroplane instrument rating need not first hold 1 of the licences or certificates mentioned in paragraph 8.2 if instead they comply with new subsections 10A and 10B of the Order. Details of new subsections 10A and 10B are set out in Attachment 1.
Also included in Attachment 1 are remedial amendments concerning acquisition of the co-pilot and command instrument rating for holders of certain overseas qualifications which may have lapsed. The intention is to enable formerly highly qualified overseas pilots to use a student pilot licence to simultaneously qualify for the relevant Australian instrument rating while undergoing the flight test for the Australian ATP(A)L or MP(A)L.
An amendment in Attachment 1 also modifies paragraph 2.1 (g), Flight Manoeuvres, Circling Approach, in Appendix 1, Instrument Rating Test, in CAO 40.2.1, to permit use of an aeroplane or an approved synthetic flight trainer for demonstrating proficiency in conducting circling approaches.
Legislative Instruments Act 2003 (LIA)
Under subregulation 5.14 (1) of CAR 1988, CASA may give directions in the form of CAOs concerning flight crew ratings. Under subsection 98 (5) of the Act where regulations provide that directions may be issued in the form of a CAO, the CAO is a legislative instrument and subject to the LIA (other than Part 6 concerning sunsetting). The CAO amendment is, therefore, a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Extensive consultation under section 17 of the LIA for the MP(A)L was carried out before the CAR amendments were made. This is detailed in the Explanatory Statement for the CAR amendments. This included consultation in relation to the related CAO proposals. The CAO amendment is consequential and, therefore, further consultation in relation to it was not considered necessary. However, details of the CAO amendment proposals were circulated for consideration to Standards Consultative Committee, an industry representative body, and the joint CASA/industry MPL Project Team. No adverse comments or objections were received.
Office of Best Practice Regulation (OBPR)
A preliminary assessment of business compliance costs indicates that the CAO amendment will have no cost impact on business other than costs that may arise from voluntarily deciding to acquire and use this new form of international pilots licence. Consequently, preparation of a Regulation Impact Statement is not required for the CAO amendment.
Commencement and making
The CAO amendment comes into effect on the day after it is registered.
It 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 40.2.1 Amendment Order (No. 1) 2008]
Attachment 1
Details of amendments to CAO 40.2.1
Amendment No.1
This amendment makes the application of paragraph 8.2 of CAO 40.2.1 subject to new subsection 10A.
The amendment also makes the application of paragraph 8.2 of CAO 40.2.1 subject to new subsection 10B.
Without these qualifying provisions, paragraph 8.2 would prevent MP(A)L students from attempting the co-pilot instrument rating test. It would also prevent a person who holds, or has held, an overseas pilot licence that is at least equivalent to the multi-crew pilot (aeroplane) licence from attempting the co-pilot instrument rating test. It would also prevent certain overseas holders, or former holders, of a licence equivalent to the ATP(A)L, from attempting the command (multi-engine aeroplane) grade of instrument rating.
Amendment No. 2
This amendment inserts a new subsection 10A.
Under new paragraph 10A.1, a person is taken to satisfy subparagraphs 10.4.3 (b), (c) and (d) for attempting the co-pilot aeroplane instrument rating test if the test is incorporated into the multi‑crew pilot (aeroplane) flight test undertaken following successful completion of the course of training mentioned in regulations 5.215 and 5.216 of CAR 1988.
Under new paragraph 10A.2, a person is taken to satisfy subparagraphs 10.4.3 (b) and (c) for attempting the co-pilot aeroplane instrument rating test if the person holds, or has held, an overseas pilot licence that is at least equivalent to the multi-crew pilot (aeroplane) licence, the person holds a student pilot licence and the test is incorporated into the multi-crew pilot (aeroplane) flight test.
Under new paragraph 10B, a person is taken to satisfy subparagraphs 10.4.3 (b) and (c) for attempting the command (multi-engine aeroplane) instrument rating test if the person holds, or has held, an overseas pilot licence that is at least equivalent to an ATP(A)L, has the aeronautical experience mentioned in paragraph 8.3, and holds a student pilot licence.
Under new paragraph 10C.1, for the purposes of subsection 10A, provision is expressly made that the co-pilot grade of instrument rating test may be incorporated into the multi-crew pilot (aeroplane) flight test provided the requirements of both tests are satisfied in the flight test.
Amendment No. 3
This amendment modifies paragraph 2.1 (g), Flight Manoeuvres, Circling Approach, in Appendix 1, Instrument Rating Test, in CAO 40.2.1. For demonstrating proficiency in conducting circling approaches, the amendment permits use of an aeroplane, or a synthetic flight trainer approved for the purpose.