Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 40.3.0 Amendment Instrument 2014 (No. 1)
Purpose
The purpose of Civil Aviation Order 40.3.0 Amendment Instrument 2014 (No. 1) (the CAO Amendment) is to amend Part 1 of Appendix V to Civil Aviation Order 40.3.0.
CAO 40.3.0 — legislative background
Under subregulation 5.22 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions in Civil Aviation Orders (the CAOs) prescribing the aircraft endorsements that must be held by a licence holder to carry out the duties authorised by the licence in a type or class of aircraft.
Under subregulation 5.23 (1) of the CAR 1988, CASA may give directions in CAOs setting out the requirements for the issue of an aircraft endorsement.
Amendments
The amendments apply to a helicopter class endorsement. The amendment of column 1 in Part 1 of Appendix V changes the existing EC-130B helicopter class endorsement to EC-130. The amendment of column 2 includes the Eurocopter EC-130T2 helicopter in the types covered by that class endorsement. The characteristics of the EC-130T2 are such that it does not require a separate type endorsement with the required training and examination.
A transitional provision ensures that EC-130B class endorsements will continue to have effect as if they were EC-130 endorsements.
Legislative Instruments Act 2003 (the LIA)
Under subregulation 5.22 (1) of CAR 1988, CASA may give directions in CAOs prescribing aircraft endorsements. Under subsections 98 (5) and 98 (5AAA) of the Civil Aviation Act 1988 (the Act), such a CAO is a legislative instrument for the LIA. The CAO Amendment is, therefore, a legislative instrument. It is subject to registration, and tabling and disallowance in the Parliament, under sections 24, and 38 and 42, of the LIA.
Consultation
Consultation within the aviation industry as a whole has not taken place. The amendments include in an existing class of helicopter, a model that CASA considers to have design and handling characteristics similar to those of the helicopters already included in the class. The differences between the new helicopter and the models already included in the EC-130B class are minimal. This approach is consistent with the European Safety Agency (EASA) approach which specifies a common rating for all models of the EC130-B class and the EC-130T2.
Regulation Impact Statement (RIS)
A RIS is not required because the proposal is covered by a standing agreement between CASA and the Office of Best Practice Regulation (OBPR) under which a RIS is not required for the CAO amendment to simply list new pilot and aircraft endorsements (OBPR id: 14507).
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Commencement and making
The CAO Amendment commences on the day after registration. It has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Civil Aviation Order 40.3.0 Amendment Instrument 2014 (No. 1)]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Civil Aviation Order 40.3.0 Amendment Instrument 2014 (No. 1)
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The legislative instrument includes the EC-130T2 in the previous EC-130B class endorsement. It also changes the class endorsement name to EC-130. A transitional provision ensures that holders of the previous endorsement are not affected.
This issue of an inclusive endorsement is consistent with the approach of the European Aviation Safety Agency.
Human rights implications
This CAO amendment is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority