Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 82.5 Amendment Order (No. 1) 2008
Legislative background
Under section 27 of the Civil Aviation Act 1988 (the Act), CASA may issue Air Operators’ Certificates (AOCs) with respect to aircraft, for the purpose of safety regulation. Under section 28 of the Act, CASA must issue the AOC if satisfied that the applicant can comply with the requirements of Australian civil aviation safety legislation.
Under paragraph 28BA (1) (b) of the Act, an AOC has effect subject to any conditions specified in the regulations or Civil Aviation Orders (the CAOs).
Under subsection 98 (4A) of the Act, CASA may issue CAOs for any matter in relation to which regulations may be made for, among other things, section 28BA.
Part 82 of the CAOs specifies conditions on AOCs for various kinds of operations. CAO 82.5 contains conditions on AOCs that authorise regular public transport operations in high capacity aircraft. As defined in paragraph 2.1 of CAO 82.0, high capacity aircraft are those certificated as having a maximum seating capacity exceeding 38 seats or a maximum payload exceeding 4 200 kilograms.
Under paragraph 8.2 of CAO 82.5, an operator must ensure that a pilot who holds a commercial pilot (aeroplane) licence is not to act as a co-pilot of an aeroplane engaged in a high capacity regular public transport operation unless the pilot meets the recent experience requirements applicable to that pilot under paragraphs 11.5, 11.6 and 11.7 of CAO 40.1.5.
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 Organization (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 an 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 Civil Aviation Order 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.
It is necessary to amend paragraph 8.2 of CAO 82.5 to insert mention of a multi-crew pilot (aeroplane) licence, so that a MP(A)L pilot must also meet the recent experience requirements mentioned for a co-pilot in paragraphs 11.5, 11.6 and 11.7 of CAO 40.1.5.
Details of the CAO amendment are contained in Appendix 1.
Legislative Instruments Act (LIA)
Paragraph 28BA (1) (b) of the Act provides that an AOC has effect subject to any conditions “specified in the regulations or Civil Aviation Orders”.
Subsection 98 (4A) of the Act provides that CASA may issue CAOs with respect to any matter “in relation to which regulations may be made for the purposes of section . . . 28BA”. Under subsection 98 (4B) of the Act, a CAO issued under subsection 98 (4A) is stated to be a legislative instrument and is, therefore, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
By providing that an AOC has effect subject to any conditions specified in regulations or CAOs, paragraph 28BA (1) (b) of the Act is a separate head of power for the making of relevant CAOs. For section 5 of the LIA, such CAOs would be legislative instruments subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
The CAO amendment is made under both paragraph 28BA (1) (b) of the Act and subsection 98 (4A) of the Act and is a legislative instrument.
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 82.5 Amendment Order (No. 1) 2008]
Attachment 1
Details of amendments to CAO 82.5
Amendment No. 1
Under paragraph 8.2 of CAO 82.5, an operator must ensure that a pilot who holds a commercial pilot (aeroplane) licence must not act as co-pilot of an aeroplane engaged in high capacity regular public transport operations unless the pilot meets the recent experience requirements mentioned for a co-pilot in paragraphs 11.5, 11.6 and 11.7 of CAO 40.1.5.
Amendment No. 1 amends paragraph 8.2 of CAO 82.5 to insert mention of a multi‑crew pilot (aeroplane) licence, so that a MP(A)L pilot must also meet the recent experience requirements mentioned for a co-pilot in paragraphs 11.5, 11.6 and 11.7 of CAO 40.1.5.