Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 82.6 Amendment Instrument 2014 (No. 1)
Purpose
Civil Aviation Order 82.6 (CAO 82.6) established operational and airworthiness standards and approval requirements for the use of night vision goggles (NVG) in specialised helicopter aerial work operations. The CAO had, and has, the effect of making unlawful any unapproved use of NVG as a primary means of terrain avoidance for safe air navigation by means of visual surface reference external to an aircraft.
The CAO is an interim measure pending finalisation of relevant Parts of the Civil Aviation Safety Regulations 1998 (CASR 1998) which affect the use of NVG. However, 3 of those Parts take effect on 1 September 2014, namely: Part 61 dealing with flight crew licensing; Part 141 dealing with certain pilot flight training; and Part 142 dealing with integrated and multi-crew pilot flight training and contracted recurrent training and checking. It is, therefore, necessary to amend CAO 82.6, to take account of new language and certain substantive changes arising from the new Parts that have an impact on CAO 82.6 and the use of NVG.
In this exercise, it is intended, as far as practicable, that no significant changes are made to the existing requirements for NVG operations under CAO 82.6 except to the extent that they may arise from the making of Parts 61, 141 and 142 of CASR 1998. In this sense, the amendments made to CAO 82.6 do not introduce new requirements into the CAO but accommodate requirements imposed under Parts 61, 141 and 142.
The key language impact mentioned above is that references to NVG have been replaced by references to NVIS, or night vision imaging system, and this terminology will be used here unless the reference to NVG is historical.
The CAO amendment also contains some new requirements in relation to the maintenance of NVIS and some minor changes to the modifications to be made to RTCA/DO-275 in relation to the performance standards for NVIS.
Legislation
A wide range of statutory powers was required in order to make CAO 82.6.
Under section 27 of the Civil Aviation Act 1988 (the Act), CASA may issue Air Operators’ Certificates (AOCs) for its functions. Under subsections 27 (2) and (9) of the Act, an aircraft operator must hold an AOC in order to operate for certain prescribed purposes. Paragraph 206 (1) (a) of the Civil Aviation Regulations 1988 (CAR 1988) prescribes aerial work purposes of various kinds, including aerial spotting, flying training, ambulance functions, and purposes that are substantially similar to these. Substantially similar purposes are generally taken to include search and rescue, law enforcement, aerial fire fighting and marine pilot transfers.
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, not inconsistent with the Act, in respect to any matter in relation to which regulations may be made for the purposes of section 28BA of the Act (conditions on AOCs).
Under subregulation 5 (1) of CAR 1988, where CASA is empowered to issue certain instruments, it may do so in a Civil Aviation Order.
Under subregulation 157 (1) of CAR 1988, the pilot in command of an aircraft must not fly over a city, town or populous area at a height lower than 1 000 feet, or over any area at a height lower than 500 feet.
Under subregulation 174B (1) of CAR 1988, except for take-off and landing, the pilot in command of an aircraft must not fly it at night under the visual flight rules (V.F.R.) at a height of less than 1 000 feet above the highest obstacle within 10 miles.
Under subregulation 195 (1) of CAR 1988, at night and in conditions of poor visibility, the operator and pilot in command of an aircraft must comply with the rules in Part 13 of CAR 1988 about the lights to be displayed for the aircraft.
Under subregulation 207 (2) of CAR 1988, a person must not use an Australian aircraft in a class of operation if the aircraft is not fitted with the instruments and equipment approved and directed by CASA. In approving or directing, CASA may have regard only to the safety of air navigation.
Under subregulation 215 (3) of CAR 1988, CASA may give directions requiring an operator to include, revise or vary information, procedures or instructions in the operations manual (operating procedures).
Under subregulations 217 (1) and (3) of CAR 1988, CASA may specify operators who must provide an approved training and checking organisation (a TCO) to ensure that members of the operator’s operating crews maintain their competency.
Under subregulation 249 (1) of CAR 1988, the pilot in command of an aircraft must not practice emergency procedures or fly low when carrying a passenger.
Under subregulation 11.160 (1) of CAR 1988, CASA may grant an exemption from compliance with provisions of CAR 1988 and CASR 1998.
In essence, CAO 82.6 operates as a set of conditions imposed on relevant AOC holders who wish to use NVG. As part of this scheme, completion of various forms of NVG pilot training or NVG aircrew member training were required, under CAO 82.6, in order to obtain NVG qualifications. Operators approved for NVG operations could use only qualified NVG pilots or NVG aircrew.
Part 61 of CASR 1998
Transitional provisions for Part 61 are contained in Subpart 202.CB of CASR 1998. They were placed there by the Civil Aviation Legislation Amendment Regulation 2013 (No. 1), as relevantly amended by the Civil Aviation Legislation Amendment (Flight Crew Licensing Suite) Regulation 2013, the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013, and the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014.
The effect of the transitional provisions in regulation 202.263 is that NVG flight qualifications issued under and for CAO 82.6 (“old authorisations”) and in force immediately before 1 September 2014, are continued in force (as “continuing authorisations”) on and from 1 September 2014 and Part 61 applies to them “as if they were the equivalent” flight crew ratings or endorsements under Part 61.
Under regulation 202.272 of CASR 1998, the holder of a continued authorisation is taken to have applied for, and to meet the requirements for, the grant of the equivalent new authorisation. This has the effect that persons who, immediately before 1 September 2014, held NVG pilot qualifications under CAO 82.6 have them continued in force as if they were equivalent NVIS ratings or endorsements under Subpart 61.P of CASR 1998. (NVIS aircrew qualifications, not being covered by Part 61, would remain unaffected.)
A key change is that all initial NVIS training requirements and proficiency checks for pilots are removed from the scope of CAO 82.6 because they are now covered by the operation of Parts 61, 141 and 142. Once again NVIS aircrew qualifications, not being covered by Part 61, would remain unaffected. Thus, in recasting CAO 82.6, references to NVG CCFs (that is, capability check flights) are retained (as NVIS CCFs) but exclusively as they apply for NVIS aircrew members.
The NVIS operational rules in CAO 82.6 are intended to govern the NVIS operations of AOC holders. Relevant Part 142 operators who become responsible for integrated and multi-crew NVIS flight training and contract NVIS recurrent training and checking will be AOC holders. However, Part 141 operators responsible for all other initial NVIS training will not be AOC holders. Amendments are made (to subsection 9 of CAO 82.6) to ensure that the NVIS operational rules in CAO 82.6 apply to Part 141 and Part 142 operators.
CAO amendment
Details of the CAO amendment are set out in Appendix 1.
The purpose of the specifically new amendments in relation to maintenance of NVIS is to provide operators of US-sourced NVIS a choice of maintenance providers. The original legislation limited the maintenance of the NVG to the original manufacturer. Industry feedback requested that an alternative US maintenance provider be permitted. This does not include non-US sourced equipment.
In addition, since the introduction of NVIS, there has been no reporting of failures of the NVIS equipment during operations. To identify any potential reliability or maintenance issues, mandatory reporting via the established Service Difficulty Reporting system will now be required. This is an extension of the operators’ existing obligations.
Legislative Instruments Act 2003 (the 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 registration, and to tabling and disallowance in the Parliament, under sections 24, and 38 and 42, of the LIA.
By providing that an AOC has effect, subject to any conditions specified in the 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 registration, and to tabling and disallowance in the Parliament, under sections 24, and 38 and 42, of the LIA.
The CAO amendment is made under both paragraph 28BA (1) (b) and subsection 98 (4A) of the Act and is a legislative instrument.
Consultation
Consultation under section 17 of the LIA has not been considered necessary for the CAO 82.6 amendment because it is entirely consequential on the making of Parts 61, 141 and 142 of CASR 1998 which were themselves the subject of previous extensive public consultation.
However, consultation in relation to the specifically new amendments was considered necessary and was as follows.
The proposals for the amendments were presented to the NVG Industry Forum meeting held on 25 June 2014. The industry members who were present, indicated support for the amendments. A Notice of Proposed Rule Making (NPRM) 1412MS describing the proposals was subsequently published for public comment on 6 August 2014. Two responses were received to the NPRM neither of which objected to the proposals. Suggestions for minor changes to improve clarity were acted on.
Office of Best Practice Regulation (OBPR)
The CAO amendment is in most respects consequential on the amendment regulations which made Parts 61, 141 and 142. CASA prepared a Regulation Impact Statement for those amendment regulations which was assessed as adequate by OBPR and, thereby, covers the consequential CAO amendment (OBPR id: 2777). Additional amendments to the CAO are minor in nature and have a low or no impact on business compliance costs.
Statement of Compatibility with Human Rights
The Statement in Appendix 2 is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. To the extent that the legislative instrument may directly engage any of the applicable rights or freedoms, for example, the right to work, the limitation to human rights is reasonable, necessary and proportionate to protect aviation safety.
Commencement and making
The instrument comes into effect on 1 September 2014. The CAO amendment has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Civil Aviation Order 82.6 Amendment Instrument 2014 (No. 1)]
Appendix 1
Details of the CAO 82.6 amendment
1 Name of instrument
Under this section, the instrument is the Civil Aviation Order 82.6 Amendment Instrument 2014 (No. 1).
2 Commencement
Under this section, the instrument commences on 1 September 2014.
3 Purpose
Under this section, the purpose of this instrument is to amend Civil Aviation Order 82.6 (Night vision goggles – helicopters) 2007 (CAO 82.6) to take account of Parts 61, 141 and 142 of the Civil Aviation Safety Regulations 1998.
4 Amendment of CAO 82.6
Under this section, Schedule 1 amends CAO 82.6.
Schedule 1 Amendments
[1] Subsection 1A
Under this amendment, the instrument is the Civil Aviation Order 82.6 (Night vision imaging system — helicopters) 2007.
[2] Subsection 1, Definitions
Under this amendment, various definitions that are no longer relevant to NVIS in the Part 61/141/142 context (are that must be recast) are deleted.
[3] Subsections 1B to 9
Under this amendment, the abbreviation NVG is omitted wherever it occurs in CAO 82.6 and NVIS is substituted.
[4] Appendices 1 to 3
Under this amendment, the abbreviation NVG is omitted wherever it occurs in the Appendices to CAO 82.6 and NVIS is substituted.
[5] Subsection 1, Definitions
Under this amendment, various definitions that are required for the purposes of CAO 82.6 NVIS use in the Part 61/141/142 context are inserted.
[6] Subsections 2
Under this amendment only minor terminological changes are made.
[7] Subsection 3
Under this amendment, subsection 3 is recast for the Part 61/141/142 context to add that for a relevant NVIS pilot training operation, the operations manual of a Part 141 operator or a Part 142 operator must contain a statement that the operator must comply with, and ensure compliance with, its exposition as a Part 141 operator or a Part 142 operator.
[8] Subsection 4
Under this amendment, subsection 4 is recast for the Part 61/141/142 context to provide that for subregulation 217 (1) of CAR 1988, CASA specifies that an NVIS operator must provide a TCO to ensure that each of the operator’s NVIS pilots maintains his or her competency. (Thus, the TCO would no longer have any role in initial training.) However, paragraph 4.1 does not apply to an NVIS operator who uses a Part 142 operator to ensure that each of the NVIS operator’s NVIS pilots maintains his or her competency. CASA also specifies that an NVIS operator who uses an NVIS aircrew member in an NVIS operation must provide a TCO to ensure that each of the NVIS aircrew members maintains his or her competency.
[9] Subsection 5
Under this amendment, subsection 5 is recast for the Part 61/141/142 context to provide that the operations manual of an NVIS operator must:
(a) state whether it provides or uses a TCO or a Part 142 operator, and identify the TCO or Part 142 operator; and
(b) specify the training and checking carried out by the TCO or the Part 142 operator to ensure that each of its NVIS pilots maintains his or her competency; and
(c) if a Part 142 operator is used — state the basis of the NVIS operator’s relationship with the Part 142 operator for the provision of the training and checking mentioned in paragraph (b).
[10] Subsection 6
Under this amendment only minor terminological changes are made.
[11] Subsection 7
Under this amendment only minor terminological changes are made.
[12] Part 3, the heading
This amendment inserts a new heading for the Part 61/141/142 context.
[13] Subsection 8
Under this amendment, subsection 8 is recast for the Part 61/141/142 context to include mention that under regulation 11.245 of CASR 1998, a Part 141 operator is directed not to use NVIS unless the operator complies with this Order for the use of NVIS. CAO 82.6 as amended is not intended to affect the operation of any other Civil Aviation Order.
[14] Subsection 9
Under this amendment, subsection 9 is recast for the Part 61/141/142 context to include mention that a Part 141 operator and a Part 142 operator may only use a night vision device that is in the form of NVIS and the use may only be in accordance with this Order, the operator’s exposition as an operator, and the operator’s operations manual.
[15] Appendix 1
Under this amendment, Appendix 1, dealing with “Use of NVIS” is recast for the Part 61/141/142 context. There are changes to terminology throughout the clauses. There are no substantive changes to clauses 1, 2 or 3. Clause 4 is reserved. (Throughout the Appendices to the CAO amendment, various clauses are reserved in an effort to retain (as far as practicable) the same numbers for similar provisions as the numbers that appear in the pre-amended version of CAO 82.6.)
5 NVIS operations
Old subclause 5.1 is no longer relevant in that form. Otherwise, clause 5 is recast for the Part 61/141/142 context to include mention that except when undergoing training by a Part 141 operator or a Part 142 operator for an NVIS rating or endorsement, a pilot who manipulates the flight controls of a helicopter may only use NVIS if he or she holds an NVIS rating with an NVIS endorsement, and complies with the requirements of this Order and the operator’s operations manual.
Also, mention is made that only an NVIS pilot who holds a special fire endorsement may conduct: aerial fire fighting involving incendiary dropping, or aerial fire fighting support involving fire mapping.
6 NVIS aircrew member — training
Old subclauses 6.1 and 6.2 referring to NVG pilot qualifications are no longer relevant in that form. However, under clause 6, the original requirement for NVIS aircrew members remains, namely that only an NVIS aircrew member instructor may instruct an aircrew member for an NVIS aircrew member qualification.
7 NVIS aircrew member — prerequisites for training
The clause is confined to the perquisites for training NVIS aircrew members only — otherwise there is no substantive change from old clause 7.
8 Reserved
This clause is reserved. All NVIS pilot initial training now falls outside the scope of CAO 82.6.
9 NVIS aircrew member — endorsements
The requirements for NVIS aircrew member endorsements remain essentially unchanged. However, for the Part 61/141/142 context, references to pilots have been removed.
10 NVIS aircrew members — endorsements based on recognition of training and experience
The requirements for NVIS aircrew member endorsements remain essentially unchanged. However, for the Part 61/141/142 context, references to NVIS pilots and their qualifications have been removed.
11 Requirements before commencing an NVIS operation
Under this amendment only minor terminological changes are made.
12 NVIS aircrew members — competency, recency and NVIS CCF capability
The competency, recency and NVIS CCF capability requirements relate to NVIS aircrew members only with references to NVIS pilots removed.
13 NVIS aircrew members — NVIS capability check flights
The NVIS CCF requirements are for an NVIS aircrew members only (with references to NVIS pilots removed) and are to be conducted for an NVIS operator in accordance with clause 23A.2 in Appendix 3.
14 NVIS aircrew members — flight testing
Clause 14 deals with the flight test requirements for NVIS aircrew members only, as the requirements for NVIS pilots are covered by Part 61. Thus, an NVIS flight test for an NVIS aircrew member must be conducted in actual flight. An NVIS aircrew member qualification may only be awarded in accordance with the procedures set out in the operations manual of an NVIS operator approved for NVIS operations and may only be awarded by an NVIS aircrew member instructor of the operator’s TCO.
[16] Appendix 2, subclause 2.1
Typographical, consequential on the definition of NVIS operation.
[17] Appendix 2, subclause 4.1
The subclause now deals only with NVIS aircrew members, as all NVIS pilot initial training is covered under Part 61. Otherwise, the operations manual requirements for NVIS aircrew members remain as before.
[18] Appendix 2, paragraph 4.3.2 (b)
The concept of an NVIS pilot “NVG CCF” is replaced by proficiency checking under Part 61, but the original requirement remains essentially the same. The operations manual must include procedures to ensure the conduct of the NVIS proficiency check required for a NVIS pilot using NVIS for the first time in a helicopter for which he or she holds a type endorsement.
[19] Appendix 2, paragraph 4.4.1 (b)
Under this amendment only minor terminological changes are made.
[20] Appendix 2, paragraph 4.4.1 (f)
Typographical only.
[21] Appendix 2, paragraph 4.6.1 (b)
Under this amendment only minor terminological changes are made.
[22] Appendix 3, the heading
Creates a more accurate heading for the contents of Appendix 3.
[23] Appendix 3, subclause 2.5
Under this amendment only minor terminological changes are made.
[24] Appendix 3, subclauses 2.7, 2.8, 2.9 and 2.10
These clauses relate to maintenance are relocated to more relevant places within the Order.
[25] Appendix 3, after subclause 3A.1
This clause contains the former subclauses 2.7 and 2.8.
[26] Appendix 3, subclause 3A.4
Terminological.
[27] Appendix 3, after subclause 3A.4
Subclause 3A.4 is subclause 2.9 relocated. And subclause 3A.5 is to assist in the interpretation of subclause 3A.4.
Subclause 3A.7 is new. It provides that, despite any other provision of Appendix 3, an NVIS operator must not carry out any routine scheduled servicing of any NVIS unless:
(a) the operator meets the requirements of subclauses 3A.5 and 3A.6; and
(b) the NVIS is the NVIS operator’s own NVIS and is not used by any other operator.
Subclause 3A.8 is new. It provides that an organisation endorsed by a manufacturer under paragraph 3A.5 (b) for any particular NVG manufactured in the US that complies with the specification mentioned in paragraph 3.1 (a) of Appendix 3 is taken to be endorsed for any other NVG manufactured in the US that is available in Australia and that complies with the specification mentioned in paragraph 3.1 (a) of this Appendix.
A Note explains that this provision is to ensure that an endorsement given to an organisation by an original US manufacturer of paragraph 3.1 (a) compliant NVIS, is taken to be an endorsement for any other US manufactured NVIS available in Australia that complies with paragraph 3.1 (a).
Subclause 3A.9 is new. It provides that if 1 or more image intensification tubes (tubes) fail for any reason during an NVG operation, or 1 or more tubes fail at any time as a result of a suspected error in maintenance, then the operator must, within 28 days of the failure, report it to CASA through the Service Difficulty Reporting system using ATA Code 2590.
Subclause 3A.10 is subclause 2.10 relocated.
[28] Appendix 3, subclause 4.2
Under this amendment only minor terminological changes are made.
[29] Appendix 3, subclause 4.3
Under this amendment only minor terminological changes are made.
[30] Appendix 3, subclause 5.1
Subclause 5.1 is recast for the Part 61/141/142 context. Under it, the pilot in command of a helicopter in an NVIS positioning flight that is an NVIS operation may fly below the relevant LSALT only if the pilot holds a Grade 1 NVIS endorsement, it is operationally necessary to fly below the relevant LSALT, and the flight is in accordance with the Order.
[31] Appendix 3, clause 7
Under this amendment only minor terminological changes are made.
[32] Appendix 3, paragraph 8.3 (c)
Under this amendment only minor terminological changes are made.
[33] Appendix 3, clause 9
The clause now deals only with minimum crewing for NVIS aircrew member training and makes essentially no changes.
[34] Appendix 3, clause 13
The requirements for a chief pilot remain essentially the same.
[35] Appendix 3, clause 13A
The requirements for a senior NVIS pilot remain essentially the same.
[36] Appendix 3, clause 14
This clause is repealed and the number now Reserved. It dealt with NVG testing officers now covered by Part 61.
[37] Appendix 3, clause 15
This clause is repealed and the number now Reserved. It dealt with NVG flight instructors now covered by Part 61.
[38] Appendix 3, clauses 16, 17 and 18
Old clauses 16, 17 and 18, which are replaced, dealt with NVG qualified pilots, NVG training and checking pilots and NVG aircrew members.
New clause 16 consolidates the existing requirements (from old subclause 16.2) for the special fire endorsement.
New clause 17 deals with NVIS training pilots and NVIS checking pilots, for competency checking and proficiency testing, respectively. Thus, for subsection 4 of the Order, for ensuring that an NVIS operator’s NVIS pilots maintain their competency, an NVIS training pilot of a TCO or a Part 142 operator must be the holder of an NVIS flight instructor rating under Part 61 of CASR 1998.
For subsection 4 of the Order, for ensuring that an NVIS operator’s NVIS pilots maintain their proficiency through a proficiency check, an NVIS checking pilot of a TCO or a Part 142 operator must be the holder of an NVIS flight examiner rating under Part 61 of CASR 1998.
New clause 17 also provides that an NVIS training pilot may give NVIS flight instruction to a non‑NVIS endorsed pilot only if he or she is an NVIS flight instructor of a Part 141 operator or a Part 142 operator.
New clause 18, for NVIS aircrew members and instructors, has only minor terminological changes.
[39] Appendix 3, clause 19
Under this amendment only minor terminological changes are made. (The former requirements of subsection 9 of CAO 40.2.2 in relation to recency for night VFR ratings are now covered by Part 61.)
[40] Appendix 3, clause 21
The recency requirements and the proficiency check requirements for an NVIS pilot remain unchanged in content. Thus, an NVIS pilot with more than 50 hours of NVIS flight time as an NVIS pilot in command (PIC), NVIS PIC under supervision (PICUS) or NVIS pilot dual must meet the minimum NVIS recent experience, and NVIS proficiency check, requirements:
(a) set out in regulations 61.1010 and 61.1015 of Part 61 of CASR 1998; and
(b) in accordance with this Order.
Subject to subclause 21.3, an NVIS pilot with 50 hours or less of NVIS flight time as an NVIS PIC, NVIS PICUS or NVIS pilot dual must meet the minimum NVIS recent experience and NVIS proficiency check requirements mentioned in subclause 21.1, modified in accordance with subclause 21.3. The modification involves the concept of increasing the frequency with which the less experienced pilots must meet the requirements.
Thus, for such an NVIS pilot, the minimum NVIS recent experience requirements are modified by reading each reference in regulation 61.1010 to “6 months”, as a reference to “3 months”, and the minimum NVIS proficiency check requirements are modified by reading each reference in regulation 61.1015 to “the 12th month”, as a reference to “the 6th month”.
A Note explains that the modification made to increase the frequency of proficiency checks for low-experience NVIS pilots (while keeping it the same as was the case under the old CAO 82.6) does not amend regulations 61.1010 and 61.1015 of Part 61 of CASR 1998. In the interests of safety, the provisions of CAO 82.6 impose AOC conditions in the form of the additional recency and proficiency check obligations that an NVIS operator must ensure are met for the conduct of NVIS operations under this Order by a less experienced pilot.
Subclause 21.4 consolidates the minimum recent experience requirements for an NVIS pilot with a special fire endorsement. They are as follows:
(a) compliance with the requirements of subclause 21.1 or 21.2 (as the case requires for greater or lesser experienced NVIS pilots);
(b) within the 90 days before an NVIS operation for which the pilot requires a special fire endorsement — NVFR recency, including 3 hours of NVFR (unaided) flight;
(c) within the 30 days before an NVIS operation for which the pilot requires a special fire endorsement — completion on type of proficiency check for an NVIS pilot with a special fire endorsement, in accordance with the requirements of paragraphs 23.2 (a) to (d) (including subparagraphs (d) (i) to (ix));
(d) separate from any requirements under paragraphs (a), (b) and (c) — repeated practice of recovery from unusual attitudes, which must be conducted in daylight.
These requirements are all essentially the same as the requirements under CAO 82.6 before 1 September 2014.
[41] Appendix 3, clause 23A
This amendment is to repeal the old clause 23A. A new clause 23A is inserted by amendment No. 42 below.
[42] Appendix 3, clause 23
This clause deals with the conduct of NVIS operator proficiency checks and special fire endorsements to take account of the Part 61/141/142 context. Thus, an NVIS operator proficiency check for an NVIS pilot, including where applicable with a special fire endorsement, must be conducted by an NVIS checking pilot of a TCO or a Part 142 operator. The content of the NVIS proficiency is the same as the content of an old NVG CCF for an NVG pilot.
New clause 23AA, deals with the NVIS aircrew member proficiency checks. The content is the same as the content of an old NVG CCF for an NVG aircrew member.
As part of amendment No. 42, a new clause 23A deals with the recency due date for an NVIS aircrew member, which remains essentially the same as before 1 September 2014. The due date for NVIS pilots is covered by Part 61 and the Order, as dealt with above.
[43] Appendix 3, clause 24
Clause 24 is now repealed and the number Reserved. It dealt with initial NVIS pilot training which is now covered by Part 61.
[44] Appendix 3, clause 25
Clause 25 is now repealed and the number Reserved. It dealt with initial NVIS pilot training which is now covered by Part 61.
[45] Appendix 3, clause 27, the heading
This amendment inserts a more accurate heading to clause 27 which deals only with NVIS aircrew members.
[46] Appendix 3, subclause 27.1
This amendment has the effect of confining the scope of clause 27 to NVIS aircrew members.
[47] Appendix 3, paragraph 27.2 (g)
This amendment updates the relevant Australian Standard (AS/NZS) to the relevant ISO standard.
[48] Appendix 3, subclause 27.3
This clause provides that NVIS aircrew member training for incendiary dropping and fire mapping must comply with subclauses 27.1 and 27.2.
[49] Appendix 3, clause 28
Under this clause, NVIS flight training for NVIS aircrew member qualifications must be approved by CASA.
[50] Appendix 3, clause 29
Clause 29 is now repealed and the number Reserved. It dealt with NVIS pilot training which is now covered by Part 61.
[51] Appendix 3, clause 30
Clause 30 is now repealed and the number Reserved. It dealt with about NVIS pilot training which is now covered by Part 61.
[52] Appendix 3, clause 31
Clause 31 is now repealed and the number Reserved. It dealt with NVIS pilot training which is now covered by Part 61.
[53] Appendix 3, paragraph 33.2 (a)
The amendment clarifies that flight training for an NVIS aircrew member must be conducted in at least 2 separate flights by an NVIS pilot qualified to conduct an NVIS CCF for an NVIS aircrew member. A Note refers readers to clause 23A
[54] Appendix 3, clause 34, the chapeau
The amendment clarifies that a flight test for the initial NVIS aircrew member qualification must be conducted by an NVIS pilot qualified to conduct an NVIS CCF for an NVIS aircrew member and, as a minimum, the candidate must demonstrate competency in various procedures.
[55] Attachment 1 to Appendix 3
The amendment replaces Attachment 1 to Appendix 3 with a new Attachment which contains changes to the modifications to be made to RTCA/DO-275. These changes amend some of the performance requirements.
Appendix 2
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Civil Aviation Act 1988
Civil Aviation Safety Regulations 1998
Civil Aviation Order 82.6 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 purpose of Civil Aviation Order 82.6 Amendment Instrument 2014 (No. 1) (the CAO amendment) is to amend CAO 82.6 to take account of the coming into effect on 1 September 2014 of Parts 61, 141 and 142 of the Civil Aviation Safety Regulations 1998 (CASR 1998). These new Parts of CASR 1998 deal directly and exclusively with the initial pilot training requirements for night vision imaging system (NVIS) ratings and endorsements and the organisations which may conduct such training. As a consequence of this, provisions in the CAO amendment dealing with such training must be removed and CAO 82.6 generally made congruent with the new Part 61, 141 and 142 context. Aside from these consequential impacts, no other significant changes are made to CAO 82.6.
Human rights implications
The legislative instrument may indirectly engage the right to freedom of movement under the International Covenant on Civil and Political Rights by placing restrictions on certain NVIS operations unless particular aviation qualification and safety requirements are met. However, this right is more directly engaged by the primary requirements of the Civil Aviation Act 1988, the Civil Aviation Safety Regulations 1998, and the Civil Aviation Regulations 1988 under which the CAO amendment is made and which are designed for aviation safety and conformity with the standards of the International Civil Aviation Organization under the Convention on International Civil Aviation (the Chicago Convention). Thus, the right to freedom of movement is engaged in a way that is balanced by the objectives of achieving and improving aviation safety.
The instrument is otherwise 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 otherwise engage any of the applicable rights or freedoms.
Conclusion
The legislative instrument is compatible with human rights and to the extent that it may also limit human rights, those limitations are reasonable, necessary and proportionate to protect aviation safety in the operation of aircraft.
Civil Aviation Safety Authority