Civil Aviation Order 82.1 Amendment Order (No. 1) 2005

Overview

The Civil Aviation Orders Civil Aviation Order 82.1 Amendment Order (No. 1) 2005 amends the Civil Aviation Orders to address the administrative burden associated with the issuance of Air Operators’ Certificates (AOCs) for charter and aerial work operations. This amendment was introduced to streamline the process of updating AOCs when operators commence operations with a new model of a type already covered by their AOC, which previously required a new AOC to be issued. The Civil Aviation Act 1988 empowers the Civil Aviation Safety Authority (CASA) to issue AOCs, with conditions specified in the Civil Aviation Orders. The objective of this amendment is to ensure that operators provide adequate operations manuals for each aircraft type and model they operate, without the need to issue new AOCs for each model. This change reduces the administrative burden on both CASA and operators by allowing AOCs to identify aircraft by manufacturer and type, or by aircraft class, with a general condition that operations manuals must contain appropriate instructions for each type and model operated. The amendment is a legislative instrument subject to tabling and disallowance in the Parliament, as declared under the Legislative Instruments Act. Consultation with the aviation industry through the Standards Consultative Committee and public notification on the CASA website indicated no objections to the proposal.

Scope and Application

The Civil Aviation Order 82.1 Amendment Order (No. 1) 2005 amends the Civil Aviation Orders (CAOs) under section 28BA(1)(b) of the Civil Aviation Act 1988, empowering the Civil Aviation Safety Authority (CASA) to issue Air Operators’ Certificates (AOCs) with respect to aircraft for safety regulation purposes. The Amendment specifically applies to operators who hold an AOC authorising charter, or aerial work, operations in aircraft identified in the AOC by manufacturer and type only or by aircraft class only. The primary purpose of this Amendment is to alleviate the administrative burden associated with issuing new AOCs when operators commence operations with a different model of an aircraft type already covered by their AOC. By identifying aircraft in AOCs by manufacturer and type or by aircraft class, the Amendment ensures that an adequate operations manual is provided for the type and model of aircraft actually used by the operator. This approach requires the operator to ensure that the operations manual contains current and appropriate operating information, procedures, and instructions for each aircraft type and model operated, which can be supplemented by a manufacturer’s pilot operating handbook or aircraft flight manual. The Amendment also mandates that before a pilot operates an aircraft, the chief pilot must verify the pilot's understanding and competence to carry out the specific instructions for that aircraft type and model, and the differences for each model of that aircraft type operated by the operator. Maintenance control information must also be documented for each aircraft type and model. Notably, regular public transport operations and charter and aerial work categories above 5,700 kg are excluded from the scope of this Amendment.

Key Provisions

The Civil Aviation Order 82.1 Amendment Order (No. 1) 2005, introduced to streamline the process of issuing Air Operators’ Certificates (AOCs), primarily modifies the conditions under which AOCs are granted for charter and aerial work operations. Under section 82.1 of the Civil Aviation Orders (CAOs), the Amendment Order introduces a new subsection (subsection 6) to ensure that AOCs are issued with more generalised descriptions of aircraft by manufacturer and type or by aircraft class. This change aims to reduce the administrative burden associated with obtaining new AOCs when operators introduce new models of aircraft already covered by their existing AOCs. The Amendment Order makes it a general condition of such AOCs that operators must provide an adequate operations manual that includes specific instructions for each aircraft type and model they operate. This requirement ensures that pilots are competent and understand the differences between various models of aircraft within the same type, thereby maintaining safety standards. The obligations imposed by this Amendment Order on operators holding AOCs for charter and aerial work operations include ensuring that their operations manuals contain detailed and current operating information, procedures, and instructions for each aircraft type and model they operate. The Amendment Order clarifies that these instructions must be sufficiently detailed to enable safe operation in accordance with Australian legislative requirements. Furthermore, operators must ensure that their chief pilot verifies a pilot's understanding and competence to carry out specific instructions for each aircraft type and model before the pilot operates the aircraft. Additionally, maintenance control information must be documented for each aircraft type and model, ensuring that all operational aspects are comprehensively covered and compliant with regulatory standards. Breach of the requirements set out in the Amendment Order may result in significant consequences. Although specific penalties are not detailed in the Amendment Order itself, the broader legislative framework under the Civil Aviation Act 1988 (the Act) and the Civil Aviation Regulations 1988 (CAR 1988) provides for both civil and criminal penalties for non-compliance. For instance, failure to provide an adequate operations manual or ensure pilot competence can lead to enforcement actions by the Civil Aviation Safety Authority (CASA). Such actions may include fines, suspension, or revocation of AOCs. In severe cases, non-compliance may also result in criminal charges, potentially leading to imprisonment, reflecting the critical importance of adhering to safety regulations in aviation operations.