Civil Aviation Regulations (Amendment) 1994 No. 396
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 396
Issued by the authority of the Minister for Transport
Civil Aviation Act 1988
Civil Aviation Regulations (Amendment)
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act and in relation to the safety of air navigation.
The purpose of the Regulations is to amend the Civil Aviation Regulations.
The amendments of regulation 31 provide that the practical experience that is required by applicants for aircraft maintenance engineer licences must be set out in Civil Aviation Orders.
The amendments of regulation 42G remove the right of the holder of a student pilot licence who has passed a general flying progress flight test for a particular category of aircraft to inspect the flight control system of an Australian aircraft belonging to that category after part of that system has been assembled, adjusted, repaired, modified or replaced.
The amendments of regulation 42ZC remove the right of the holder of a student pilot licence who has passed a general flying progress flight test for a particular category of aircraft to carry out maintenance of a kind specified in Schedule 8 on a class B aircraft belonging to that category.
The Civil Aviation Authority is currently reviewing the maintenance that may be performed by student pilots.
The Regulations commenced on gazettal.
DETAILS OF THE AMENDMENTS ARE AS FOLLOWS:
REGULATION 1
This regulation provides that the Civil Aviation Regulations are amended as set out in the Regulations.
REGULATION 2
This regulation makes 3 amendments of regulation 31.
Subregulation 2.1 amends regulation 31 to provide that the practical experience that is required by applicants for aircraft maintenance engineer licences must be set out in Civil Aviation Orders. Civil Aviation Orders are subject to Parliamentary scrutiny.
Subregulations 2.2 and 2.3 omit subregulations 31(5A) and 31(7), respectively. These subregulations allowed the practical experience required of applicants to be set out in publications that were not Civil Aviation Orders.
REGULATION 3
This regulation makes 2 amendments of regulation 42G.
Subregulation 3.1 omits paragraphs 42G(5)(ba) which gave the holder of a student pilot licence, who has passed a general flying progress flight test for a particular category of aircraft, the right to inspect the flight control system of an Australian aircraft belonging to that category of aircraft.
Subregulation 3.2 omits subregulation 42G(8) which defined what the particular categories of aircraft were.
REGULATION 4
This regulation makes 2 amendments of regulation 42M.
Subregulation 4.1 omits paragraph 42ZQ4(da) which gave the holder of a student pilot licence, who has pass a general flying progress flight test for a particular category of aircraft, the right to carry out limited maintenance of a kind specified in Schedule 8 on a class B aircraft belonging to that category.
Subregulation 4.2 omits subregulation 42ZC(11) which defined what the particular categories of aircraft were.
Overview
The Civil Aviation Regulations (Amendment) 1994 No. 396, issued under the authority of the Minister for Transport, amends the Civil Aviation Regulations to address specific concerns related to the qualifications and permissible activities of aircraft maintenance engineers and student pilots. Enacted under the Civil Aviation Act 1988, the objective of these amendments is to enhance the regulatory framework governing the safety of air navigation by ensuring that the practical experience required for aircraft maintenance engineer licences is clearly defined and subject to parliamentary scrutiny through Civil Aviation Orders. Additionally, the amendments restrict the activities that student pilot licence holders can perform on aircraft, specifically preventing them from inspecting or maintaining flight control systems on certain aircraft categories unless they meet higher qualification standards. These changes aim to maintain stringent safety standards and ensure that those involved in aircraft maintenance and operation possess the necessary expertise and qualifications.
Scope and Application
The Civil Aviation Regulations (Amendment) 1994 No. 396 applies to individuals and entities involved in the aviation industry in Australia, specifically targeting applicants for aircraft maintenance engineer licenses and holders of student pilot licenses. These regulations amend the Civil Aviation Regulations to refine the requirements for practical experience and the scope of maintenance tasks permissible under student pilot licenses. The amendments are made under the authority of the Civil Aviation Act 1988, which allows the Governor-General to establish regulations pertaining to the safety of air navigation. The regulatory changes ensure that practical experience requirements are clearly outlined in Civil Aviation Orders, which undergo Parliamentary scrutiny, and restrict the maintenance activities that student pilots can perform on specific aircraft categories. These regulations have a national reach, applying uniformly across Australia and are effective from the date of their gazettal. There are no explicit exclusions or thresholds stated in the document, and the scope of the amendments is limited to the specified regulatory changes. The application of these regulations may be further defined or extended through subsequent subordinate instruments, which are not detailed in the explanatory statement.
Key Provisions
The Civil Aviation Regulations (Amendment) 1994 No. 396 amends the Civil Aviation Regulations to enhance safety and regulatory clarity in the context of aircraft maintenance and pilot training. Regulation 1 serves as the overarching amendment, setting the stage for the specific changes outlined in subsequent regulations. Regulation 2 amends Regulation 31 of the Civil Aviation Regulations, stipulating that the practical experience required for applicants seeking aircraft maintenance engineer licences must now be detailed in Civil Aviation Orders. This amendment ensures that such requirements are subject to parliamentary scrutiny, thus maintaining a higher level of oversight and accountability. Subregulations 2.2 and 2.3 remove outdated provisions that allowed practical experience to be outlined in other publications not subject to the same scrutiny, thereby consolidating the regulatory framework.
The obligations imposed by these amendments on applicants for aircraft maintenance engineer licences include ensuring they meet the specific practical experience requirements as set out in the Civil Aviation Orders. For entities involved in the issuance and oversight of these licences, the obligation now lies in adhering to and enforcing these updated requirements. Furthermore, the Civil Aviation Authority's ongoing review of maintenance tasks that student pilots can perform adds a layer of dynamic regulation, ensuring that any future amendments will be grounded in current safety standards and practices.
Failure to comply with the amended regulations can result in significant consequences. For instance, omitting the required practical experience or performing maintenance tasks not permitted under the new regulations can lead to enforcement actions. While the specific penalties are not detailed in the explanatory statement, it is reasonable to infer that violations of Civil Aviation Regulations can result in fines, licence suspensions, or other penalties as prescribed under the Civil Aviation Act 1988. The seriousness of these consequences underscores the importance of adhering to the updated regulatory requirements to ensure the safety and integrity of the aviation industry.