EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
REVOCATION AND REPLACEMENT OF SECTION 40.2.3
PRIVATE I.F.R. RATING
Regulation 5.14 of the Civil Aviation Regulations 1988 (CAR 1988) provides that the Civil Aviation Safety Authority (CASA) may give directions in Civil Aviation Orders (the Orders) setting out the requirements for the issue and renewal of flight crew ratings.
Regulation 5.16 of CAR 1988 provides that CASA may issue or renew a flight crew rating subject to conditions.
Regulation 5.18 of CAR 1988 provides that CASA may give directions in the Orders setting out the authority that is given by a flight crew rating , the limitation on that authority and the flight tests that must be passed before that authority is exercised.
Section 40.2.3 of the Orders set out directions relating to the issue and renewal of private I.F.R. ratings. These ratings authorised a pilot to fly under the I.F.R. in the course of a private operation or when undergoing flying training. The Order also contained limitations on the size of the aircraft that may be flown under the rating and the times during which it could be used, as well as setting out flight tests.
This Order revokes and remakes section 40.2.3. This has been done as part of a scheme to review the Civil Aviation Orders, and, in particular, to ensure that they are in a position to meet the technical requirements of the Legislative Instruments Act 2003 when it comes into effect on 1 January 2005. The remake does not involve any changes in existing law or policy in the Order. The Order is being remade solely for the purpose of ensuring compliance and consistency with the Legislative Instruments Act 2003 when it commences on 1 January 2005. However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.
The Office of Regulation Review has stated that a Regulation Impact Statement is not necessary because the remake is of a minor or machinery of government nature.
The Order has been issued by the Director of Aviation Safety in accordance with subsection 84A (2) of the Civil Aviation Act 1988.
The Order came into effect on gazettal.
[Civil Aviation Amendment Order (No. R36) 2004]
Overview
The Civil Aviation Amendment Order (No. R36) 2004 was enacted to ensure that the Civil Aviation Orders (the Orders) comply with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. This amendment specifically addresses section 40.2.3 of the Orders, which concerns the issue and renewal of private Instrument Flight Rules (IFR) ratings. The Civil Aviation Safety Authority (CASA) has the authority under the Civil Aviation Act 1988 to issue directions in the Orders, and this amendment ensures that these directions align with the requirements of the new legislative framework. The policy objective is to maintain the integrity and consistency of civil aviation regulations by updating the Orders without altering existing laws or policies. The amendment also includes updating outdated legislative references and adopting gender-neutral language in the Orders. This change was made under the authority of the Director of Aviation Safety, as per subsection 84A(2) of the Civil Aviation Act 1988, and it came into effect upon gazettal.
Scope and Application
The Civil Aviation Orders (Revocation and Replacement of Section 40.2.3 Private I.F.R. Rating) 2004 pertains to the Civil Aviation Orders, which are subordinate instruments issued by the Director of Aviation Safety under the authority granted by the Civil Aviation Act 1988. Specifically, this Order revokes and replaces Section 40.2.3, which concerns the issue and renewal of private Instrument Flight Rules (I.F.R.) ratings for pilots. These ratings are critical for pilots engaged in private operations or those undergoing flight training under I.F.R. The Order delineates the conditions, limitations, and requisite flight tests necessary for the issuance and renewal of these ratings. The application of this Order is directed towards individuals who hold or seek to obtain a private I.F.R. rating, thereby affecting pilots, flight training organisations, and potentially aviation schools across the Commonwealth of Australia. The Order operates under the jurisdictional reach of the Civil Aviation Act 1988 and ensures compliance with the Legislative Instruments Act 2003. Notably, the Order does not introduce substantive changes to existing law or policy but rather serves to update references and incorporate gender-neutral language, aligning with legislative standards as of 1 January 2005. The Order came into effect upon gazette publication, thereby immediately applying to all relevant entities within its scope.
Key Provisions
Section 40.2.3 of the Civil Aviation Orders, previously detailing the issue and renewal of private Instrument Flight Rules (IFR) ratings, has been revoked and replaced by this Order (Civil Aviation Amendment Order (No. R36) 2004). This change was made to align with the technical requirements of the Legislative Instruments Act 2003, which came into effect on 1 January 2005. The purpose of this replacement is to ensure that the Civil Aviation Orders comply with the new legislative framework without altering the existing laws or policies. The new Order maintains the same requirements for the issuance and renewal of private IFR ratings, including the conditions for granting such ratings and the limitations on the authority they confer, as well as the flight tests that must be passed. Additionally, the Order incorporates gender-neutral language and updates outdated references to legislation.
Under the Civil Aviation Orders, the Civil Aviation Safety Authority (CASA) is responsible for setting out the requirements for the issue and renewal of flight crew ratings, including private IFR ratings. CASA must ensure that these requirements are detailed in Civil Aviation Orders, which are subject to the approval of the Director of Aviation Safety and must be made in accordance with the Civil Aviation Act 1988. The Authority is also required to issue flight crew ratings subject to any conditions outlined in the Orders, and to specify the authority, limitations, and flight tests associated with these ratings. These obligations ensure that pilots are adequately trained and assessed to operate under Instrument Flight Rules for private purposes, maintaining high safety standards in civil aviation.
The Civil Aviation Orders establish several key obligations for both CASA and pilots. CASA must issue detailed directions in the Orders regarding the issuance and renewal of flight crew ratings, including private IFR ratings, and must ensure these directions comply with the Civil Aviation Act 1988. Pilots seeking a private IFR rating must meet all the specified requirements and conditions, including passing the necessary flight tests. Additionally, pilots must adhere to the limitations on aircraft size and operating times specified in the Orders. These obligations ensure that both CASA and pilots are aware of and comply with the necessary standards and regulations to maintain safe operations.
Failure to comply with the Civil Aviation Orders can result in civil or criminal penalties, although specific penalties are not detailed in the explanatory statement. The Civil Aviation Act 1988 provides for enforcement actions against individuals and entities that breach the regulations. CASA may take action against pilots who fail to meet the requirements for their ratings or who operate outside the limitations set forth in the Orders. Civil penalties could include fines, suspension, or revocation of a pilot's license, while more serious breaches may result in criminal charges. The exact penalties depend on the nature and severity of the breach, as well as any relevant case law.