EXPLANATORY STATEMENT
STATUTORY RULES 1990 No. 216
Issued by the authority of the Minister for
Shipping and Aviation Support
Civil Aviation Act 1988
Civil Aviation Regulations (Amendment)
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides in part that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to the Act and, in relation to the safety of air navigation, being regulations with respect to any other matter with respect to which Parliament has power to make laws.
The Civil Aviation Regulations provide:
(a) for the endorsement of pilot ratings on licences issued under Part V of the Regulations;
(b) that a person may fly an aircraft for the purpose of undergoing flight instruction for a period not exceeding 3 hours before applying for a student pilot licence and submitting to any relevant medical examination;
(c) for the holder of a night VFR rating not to exercise the privileges of that rating otherwise than in private operations or in aerial work operations;
(d) that a flight crew licence is to remain in force for the period specified in the licence not exceeding the applicable prescribed period;
(e) that the holder of a flight crew licence who has been incapacitated by illness for more than the specified period requires a medical certificate as to his or her fitness before resuming duties;
(f) that the medical standards applied for the purposes of the Regulations may be issued in Civil Aviation Orders.
The amending regulations amend the Civil Aviation Regulations:
(a) by permitting the Authority to issue directions in Civil Aviation Orders in relation to pilot ratings endorsed on licences;
(b) by postponing the requirement for a person to obtain a student pilot licence until that person is ready to undertake his or her first solo flight;
(c) by permitting the Authority to allow a holder of a night VFR rating to fly otherwise than in private operations or aerial work operations;
(d) by providing that flight crew licences be granted for indefinite periods;
(e) by providing for the regular medical examination of the holders of flight crew licences;
(f) by requiring the holder of a flight crew licence who has been incapacitated by illness for more than the specified period to obtain a medical certificate from a medical practitioner approved by the Authority;
(g) by providing for the medical standards to be set out in a Schedule to the Regulations.
Transitional provisions are included in the amending regulations that provide for the continuation in force of licences issued before the commencement of the amending regulations and for the recognition of medical examinations carried out under the Civil Aviation Regulations before the commencement of the amending regulations.
The major purpose of the amending regulations is to amend provisions relating to licence holders and to give the Authority the discretion in certain cases to issue directions and grant exemptions. The amending regulations also deal with medical standards and medical assessments. These amendments lessen the administrative workload of the Authority and give it the ability to administer certain provisions more flexibly in areas where that need has been demonstrated.
The amending regulations also contain provisions correcting certain minor errors in the Civil Aviation Regulations and recasting some provisions.
Details of the amending regulations are provided in the Attachment.
The amending regulations come into operation on the date of their notification in the Gazette.
ATTACHMENT
Details of the Civil Aviation Regulations (Amendment)
Regulation 1 | - | provides that for the purposes of the amending regulations the term “Principal Regulations” means the Civil Aviation Regulations. |
Regulation 2 | - | amends subregulation 2(1) by inserting a definition of “relevant medical standard”. |
Regulation 3 | - | replaces regulation 55 with new regulations 55,55A and 55B: |
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| regulation 55 defines the meaning of “licence” for the purposes of Part V. |
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| subregulation 55A(1) requires a person to hold an appropriate licence and a valid medical certificate before performing duties essential to the operation of an Australian aircraft during flight time. |
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| subregulation 55A(2) permits a student pilot to perform duties of that nature in the course of receiving instruction. |
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| subregulation 55B(1) sets out the Authority’s power to grant and endorse licences. |
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| subregulation 55B(2) states that the Authority may grant or endorse a licence subject to any condition set out in an endorsement in the licence or in Civil Aviation Orders in accordance with regulation 303. |
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| subregulation 55B(3) states that nothing in Part V limits the effect of a condition imposed under subregulation (2). |
Regulation 4 | - | shortens subparagraph 56(1)(a)(i) by removing all the words after “instruction”. |
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| replaces subparagraph 56(1)(a)(iv) with a provision that omits the previous sub-subparagraph (B) which only repeats what is already authorised by sub-subparagraph 56(1)(a)(iii)(C). |
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| adds a new subregulation (4) which makes ratings endorsed on licences subject to grading by the Authority. |
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| amends paragraph 57(10)(a) by: removing the restriction of a student pilot to a maximum of 3 hours flying time before the student has to have a medical examination and apply for a student pilot licence. |
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| requiring that a student pilot fly an aerial work aircraft that is “used for flying training”. |
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| replaces paragraphs 57(10)(b), (c) and (d) with two new paragraphs which set out, respectively, the rights of a person who has been granted a student pilot licence or a private pilot licence. |
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| replaces subregulation 57(11) with a subregulation which: prohibits the holder of a student pilot licence from flying an aircraft outside Australia without the permission of the Authority and authorises the holder to receive practical flight instruction only from a pilot with a flight instructor rating and if no passenger other than that pilot is being carried. |
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| amends paragraph 57(12(b) to permit the Authority to grant exemptions from the operation of that paragraph. |
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| replaces regulation 58 which set out the maximum periods for which licences may remain in force with a regulation to state that a licence remains in force until it is suspended or cancelled. This is stated to be subject to regulation 73 which permits the Authority to grant licences to foreign licence holders for limited periods. |
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| replaces paragraph 59(1)(b) with a paragraph which states that a rating remains in force until the licence on which the rating is endorsed ceases to be in force. |
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| omits subregulation 59(2). |
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| amends regulation 60 by omitting the words “initial issue” (wherever occurring) and substituting “grant”. |
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| amends paragraph 62(2)(b) by substituting “carrying out” for “conducting”. |
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| amends paragraph 62(2)(c) by substituting “relevant medical standard” for “medical standards referred to in paragraph (e)”. |
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| amends paragraph 62(2)(d) by substituting, “an authorised person” for “the Authority”. |
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| replaces paragraph 62(2) (e) with a paragraph which requires a licensee to obtain a medical certificate under regulation 72D. |
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| omits subregulations (3) and (4) which will have no application once licences are issued for indefinite periods. |
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| amends subregulation (5) by substituting “carried out” for “conducted”. |
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| replaces regulation 63 with a new regulation: |
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| subregulation 63 (1) states that a person may apply to the Authority for the grant of a licence, if the person is not eligible under regulation 62 due to a failure to meet the relevant medical standard. |
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| subregulation 63(2) states that an application must be in writing and set out reasons why the grant of the licence would not affect the safety of air navigation. |
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| subregulation 63(3) states that the Authority may grant a licence to an applicant. |
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| subregulation 63 (4) states that the Authority may impose those conditions on the grant of a licence that the Authority considers necessary in the interests of the safety of air navigation. |
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| subregulation 63(5) states that the Authority must endorse any condition imposed under subregulation (4) on the medical certificate granted to the applicant under regulation 72D. |
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| subregulation 63(6) states that the Authority must notify the applicant in writing of a refusal to grant a licence under subregulation (3) and give written reasons for the refusal. |
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| subregulation 63(7) states that the new regulation does not affect the operation of subregulation 55B(2). |
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| amends subregulation 64(2) by requiring a qualified medical practitioner to be approved by the Authority before acting under that subregulation. |
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| omits subregulation 64(3). |
Regulation 12 | - |
| replaces regulation 68 with a regulation which states the procedure for the renewal of a rating endorsed, on a licence. |
Regulation 13 | - |
| inserts regulations 72A to 72F which relate to the grant and renewal of medical certificates: |
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| . | subregulation 72A(1) requires a person who has been granted a licence under Part V to have medical examinations every 12 months or 24 months, depending on the class of licence granted. |
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| subregulation 72A(2) requires a person being examined under subregulation (1) to answer all questions put to him or her that are necessary for determining whether he or she meets the relevant medical standard, and to disclose all information that may help in making that determination, that is within the knowledge of a medical practitioner or a person who has carried out a similar examination on that person or that is held by a hospital or another medical organisation. |
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| subregulation 72A(3) enables the Authority to require a person to be examined at shorter intervals than would otherwise be applicable under subregulation (1). |
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| subregulation 72A(4) enables a person to have an examination under subregulation (1) at any time before the end of whichever period specified in subregulation (1) is applicable. |
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| subregulation 72A(5) states that a period within which a person is to be examined is to be taken to have commenced immediately after the previous examination. |
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| subregulation 72A(6) defines the word “examination” to mean any examination or test carried out by an approved person to determine whether the holder of the licence meets the relevant medical standard. |
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| subregulation 72B(1) allows the Authority to defer the examination of a person under regulation 72 or 72A if the person is a member of an operating crew of an aircraft in circumstances in which it would be impractical for the person to have the examination. |
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| subregulation 72B(2) permits the Authority to extend the period of validity of a medical certificate by endorsement in writing where an examination is deferred. |
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| subregulation 72C(1) permits a person who is not found to meet the relevant medical standard after an examination under regulation 72 or 72A to apply to the Authority for the grant of a medical certificate. |
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| subregulation 72C(2) requires an application under subregulation (1) to be in writing and set out reasons why the grant of the certificate would not be likely to affect the safety of air navigation. |
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| subregulation 72C(3) states that the Authority may grant a medical certificate to an applicant. |
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| subregulation 72C(4) states that a medical certificate may be granted subject to any condition that the Authority considers necessary in the interests of the safety of air navigation, having regard to the medical condition of the applicant and his or her experience and ability. |
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| subrequlation 72C(5) states that the Authority must endorse any condition, other than a condition set out in Part 5 of the Schedule, on the medical certificate. |
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| subrequlation 72C(6) states that the Authority must notify an applicant in writing if it refuses to grant a certificate and give written reasons for the refusal. |
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| • | subrequlation 72D(1) requires the Authority to grant a medical certificate to a person who, after an examination under regulation 62 or 72A, is found to meet the relevant medical standard or is granted a licence by the Authority under regulation 63 in spite of not meeting the relevant medical standard. |
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| subrequlation 72D(2) states that the Authority may grant a medical certificate to a person who has been found not to meet the relevant medical standard, if the Authority is satisfied that it may do so without endangering the safety of air navigation. |
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| subrequlation 72D(3) states that a medical certificate may be granted subject to any condition that the Authority considers necessary in the interests of the safety of air navigation. |
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| subrequlation 72D(4) states that the Authority must endorse any condition, other than a condition set out in Part 5 of the Schedule, on the medical certificate. |
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| subrequlation 72D(5) requires the Authority to cancel a medical certificate in relation to a licence, if the holder of the licence after having an examination is found not to meet the relevant medical standard. |
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| • | subrequlation 72D(6) requires the Authority to notify a person in writing if that person is found not to meet a relevant medical standard and to give written reasons for that failure. |
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| subrequlation 72D(7) requires the Authority to notify a person who holds a licence, if the Authority cancels a medical certificate held by the person in relation to that licence, and to give written reasons for the cancellation. |
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| • | subrequlation 72E(1) states that a medical certificate is valid for the period set out in the certificate. |
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| . | subrequlation 72E(2) states that a period set out in the certificate must not exceed the relevant period set out in paragraph 72A(1)(a) or (b) as the period within which the next medical examination of the holder of that certificate must be held. |
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| • | subrequlation 72E(3) permits the Authority to extend the period of validity of a medical certificate by not more than 1 month, if the holder has been examined in accordance with regulation 72A but the results have not been evaluated. |
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| subrequlation 72F(1) permits the Authority by notice in writing to cancel or suspend a medical certificate if the holder does not comply with a condition to which the grant of the licence is subject or fails to satisfy a requirement prescribed by or under the Civil Aviation Regulations in relation to obtaining or holding a certificate, other than meeting the relevant medical standard. |
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| subregulation 72F(2) requires a notice under subregulation (1) to set out the grounds for the suspension or cancellation. |
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| • | subregulation 72F(3) requires the Authority before it suspends or cancels a medical certificate to give written notice to the holder of its reasons and to allow the holder to show cause why the certificate should not be cancelled. |
Regulation 14 | - | amends subregulation 77(2) by replacing paragraph (b). | |
Regulation 15 | - | amends paragraph 104(1)(b) by substituting a reference to the relevant medical standard for a reference to relevant medical standards. | |
| - | amends subregulation 104(2) and subparagraph 104(2)(b)(iii) by substituting references to the relevant medical standard for references to relevant medical standards. | |
| - | amends regulation 104 by inserting subregulation (2A) which gives the Authority a discretion to issue a medical certificate to a person who does not meet the relevant medical standard, if it is satisfied that to do so would not endanger the safety of air navigation. | |
Regulation 16 | - | amends paragraph 114(1)(b) by substituting a reference to the relevant medical standard for a reference to relevant medical standards. | |
| - | amends subregulation 114(2) and subparagraph 114(2)(b)(iii) by substituting references to the relevant medical standard for references to relevant medical standards. | |
| amends regulation 114 by inserting subregulation (2A) which gives the Authority a discretion to issue a medical certificate to a person who does not meet the relevant medical standard, if it is satisfied that to do so would not endanger the safety of air navigation. amends paragraph 139(1)(d) to require an Australian aircraft to carry the medical certificates of the operating crew as well as their licences. amends subregulation 226(1) by inserting paragraph (aa) which permits the control seat of an aircraft equipped with fully or partially functioning dual controls to be occupied in flight by a student pilot assigned for instruction in that aircraft. amends paragraph 228(b) so that it refers to a student pilot instead of the holder of a student pilot licence. amends paragraphs 265(1)(a) and (b) by inserting references to regulation 72A. gives effect to the amendments to the regulations set out in Schedule 1. adds a Schedule to the Civil Aviation Regulations. subregulation (1) states that a licence issued under Part V of the Civil Aviation Regulations before the amendments continues in force as if it had been issued after the amendments commenced. subregulation (2) states that a licence to which subregulation (1) applies continues in force subject to any conditions endorsed on the licence. subregulation (3) states that, the holder of a licence to which subregulation (1) applies shall be taken to hold a valid medical certificate until he or she is granted or refused a medical certificate under the amended Regulations. |
| . | subregulation (4) states that the period within which a person has to have a medical examination under the amended Regulations is to be taken to have commenced, where applicable, immediately after the month in which the person was given a medical examination under the Regulations before the commencement of the amendments. |
| . | subregulation (5) states that if a period calculated in accordance with subregulation (4) has expired before the commencement of the amendments, the person must have a medical examination not later than 4 weeks after the commencement. |
| . | subregulation (6) gives a person required to have an examination under subregulation (4) or (5) the right to apply for a postponement of that examination. |
| . | subregulation (7) defines the term “amended Regulations” to mean the Civil Aviation Regulations as amended by the amending regulations. |
The Schedule | - | in Part 1, replaces references to “relevant medical standards” in various provisions in the Civil Aviation Regulations with references to “relevant medical standard”. |
| - | in Part 2, adds a new Schedule to the Civil Aviation Regulations which sets out the medical standards. |