Civil Aviation Order 40.3.0 Amendment Instrument 2013 (No. 2)

Overview

The Civil Aviation Order 40.3.0 Amendment Instrument 2013 (No. 2) was introduced to amend Appendices IV and V of Civil Aviation Order 40.3.0, which pertain to aircraft endorsements under the Civil Aviation Act 1988. This amendment was made to address the need to include specific helicopter types within the appropriate class endorsements, ensuring that pilots who meet the required training and examination standards can operate these aircraft safely. The instrument was enacted by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988, specifically Section 98, which empowers CASA to make regulations for the safety of air navigation. The policy objective of this amendment is to align the regulation of helicopter endorsements in Australia with international standards, particularly those set by the country of manufacture, thereby enhancing the safety and efficiency of air operations. This legislative instrument was registered, tabled, and disallowance was available in Parliament, in accordance with the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Order 40.3.0 Amendment Instrument 2013 (No. 2) amends Appendices IV and V of the Civil Aviation Order 40.3.0, which pertains to aircraft endorsements necessary for licence holders to operate specific types of aircraft. This instrument applies to two helicopter types, specifically the Bell 212S Eagle Single helicopter and the Kaman Aerospace K-Max helicopter. The Bell 212S is incorporated into the Bell 204/205 class endorsement, meaning it does not require a separate type endorsement for operation, aligning with its design and handling characteristics and the approach taken in its country of manufacture, Canada. Conversely, the Kaman K-Max helicopter is assigned a new type endorsement, K-1200, necessitating specific training and examination for pilots to operate it. The amendments are applicable nationally, governed by the Civil Aviation Act 1988, and enforced by the Civil Aviation Safety Authority (CASA) under its regulatory powers. This legislative instrument is subject to the legislative requirements outlined in the Legislative Instruments Act 2003, including registration, tabling, and disallowance processes. The amendments do not necessitate a Regulation Impact Statement, as they fall under a standing agreement between CASA and the Office of Best Practice Regulation. Additionally, the instrument has been assessed for compatibility with human rights, concluding that it does not engage with any of the applicable rights or freedoms as declared in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Civil Aviation Order 40.3.0 Amendment Instrument 2013 (No. 2) amends Appendices IV and V of Civil Aviation Order 40.3.0. This amendment involves two specific helicopter types: the Bell 212S Eagle Single helicopter (212S) and the Kaman Aerospace K-Max helicopter. The first amendment incorporates the 212S into the Bell 204/205 class endorsement, indicating that this helicopter type does not require a separate type endorsement, training, or examination as it shares similar design and handling characteristics with other helicopters already included in the class (Section 98 of the Civil Aviation Act 1988). This approach aligns with the practices in Canada, the country of manufacture. The second amendment introduces a new type endorsement, K-1200, for the Kaman Aerospace K-Max helicopter in Appendix 4, Part 1, which requires a separate type endorsement, training, and examination for safe operation as an aerial work aircraft. The obligations imposed by this amendment are primarily on the Civil Aviation Safety Authority (CASA) and pilots. CASA is required to implement the changes in the aircraft endorsements as specified in the Civil Aviation Order. Pilots who wish to operate the amended helicopter types must comply with the new endorsement requirements, including any necessary training and examinations. These changes are made under subregulations 5.22(1) and 5.23(1) of the Civil Aviation Regulations 1988, which allow CASA to prescribe aircraft endorsements and set out the requirements for the issue of these endorsements. There are no specific offences, penalties, or civil/criminal consequences outlined in the CAO Amendment for failure to comply with the new endorsement requirements. However, non-compliance with Civil Aviation Orders and Regulations can result in enforcement actions by CASA, including the suspension or revocation of a pilot’s licence, depending on the severity and nature of the breach. The maximum penalties for such actions are detailed in other sections of the Civil Aviation Act 1988 and Civil Aviation Regulations 1988, which may include fines and imprisonment for serious violations. This amendment, being a legislative instrument under the Legislative Instruments Act 2003, is subject to registration, tabling, and disallowance in Parliament, ensuring its legal validity and oversight.