Civil Aviation Regulations (Amendment)

Overview

The Civil Aviation Regulations (Amendment) 1997 No. 139, issued under the authority of the Minister for Transport and Regional Development, amends the Civil Aviation Regulations to address the economic and operational challenges faced by the aviation industry in relation to flight engineer duty times. This legislative amendment is enacted pursuant to subsection 98 (1) of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations concerning the safety of air navigation. The primary policy objective is to ensure the safety of air navigation while allowing flexibility in crew management. The amendments introduce a restricted flight engineer licence to enable the second officer on a flight to assume flight engineer duties during cruise mode, thereby allowing the flight engineer to take necessary rest breaks. This measure is designed to enhance operational efficiency without compromising safety standards.

Scope and Application

The Civil Aviation Regulations (Amendment) 1997 No. 139 amends the Civil Aviation Regulations to introduce provisions for the licensing of aircraft flight crew to carry out some flight engineer functions. This amendment applies to individuals who wish to undertake the duties of a flight engineer, particularly the second officer on flights, and seeks to address economic constraints that prevent the inclusion of a second flight engineer on certain aircraft. The regulations mandate specific qualifications, duties, and proficiency checks for individuals seeking a restricted flight engineer licence, ensuring that these duties are performed safely and competently. The amendments apply nationally, in alignment with the Civil Aviation Act 1988, and the regulations are enforceable across all states and territories within Australia. Notably, the scope of these amendments is confined to the licensing requirements for restricted flight engineers and does not extend to other areas of aviation operations unless specified through subordinate instruments. The Regulations commenced upon gazettal and are subject to the overarching provisions of the Civil Aviation Act 1988.

Key Provisions

The Civil Aviation Regulations (Amendment) 1997 No. 139 primarily serve to introduce a restricted flight engineer licence, which allows certain members of the flight crew to perform flight engineer duties during specific phases of flight. This amendment is necessary because, for economic reasons, it is not feasible to have a second flight engineer on board aircraft during long flights. Regulation 2 introduces two new definitions: "restricted flight engineer" and "restricted flight engineer proficiency test", which are crucial for understanding the scope and requirements of this new licence. Regulation 3 references the "restricted flight engineer licence" in regulation 5.08, providing a pathway for individuals to apply for this licence. The obligations imposed by these regulations on the parties involved are significant. For instance, Regulation 5.195A stipulates the qualifications a person must have before being eligible for a restricted flight engineer licence. Regulation 5.195B outlines the duties that can be performed by a licence holder, while Regulation 5.195C ensures that these duties are only carried out in aircraft for which the holder has the appropriate endorsement. Furthermore, Regulation 5.195D mandates that licence holders must complete regular proficiency checks to maintain their competency. Regulation 5.195E requires licence holders to have recent experience before undertaking any permitted duties, and Regulation 5.195F allows for certain flight engineer duties to be performed without a licence if the individual is in training or undergoing a proficiency check. The Civil Aviation Regulations (Amendment) 1997 No. 139 also establish clear consequences for breaches of these regulations. While specific offences, penalties, or civil and criminal consequences are not detailed within the text, it is understood that breaches of civil aviation regulations can lead to severe penalties under the Civil Aviation Act 1988. These can include fines, imprisonment, or both, depending on the nature and severity of the breach. The overarching goal of these amendments is to ensure that any changes to flight crew duties do not compromise the safety of air navigation, which remains a paramount concern under the Civil Aviation Act 1988.