Notice of Making of Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 2)

Overview

The Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 2) was enacted to amend the Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 1), correcting a technical error identified in the previous amendment. This amendment was introduced to address a discrepancy where the original regulation incorrectly specified that flight crew members must consider situations when called out from standby to commence non-flying duties before a flight duty period, instead of any situation requiring the crew member to commence non-flying duties before a flight duty period. The Civil Aviation Regulations 1988 (CAR 1988) mandates that notices of such amendments must be published in the Gazette, and this notice serves that purpose. The Civil Aviation Safety Authority, under Dr Jonathan Aleck, the General Manager of Legal Affairs, Regulatory Policy and International Strategy Branch, was responsible for the enactment of this amendment to ensure compliance with the regulatory requirements and to rectify the identified technical error.

Scope and Application

The Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 2) applies to any person or entity involved in civil aviation operations within Australia, specifically those operating under an Air Operator's Certificate (AOC). This includes medical transport operations, emergency service operations, aerial work operations, and flight training associated with aerial work. The amendment corrects a technical error in the previously made Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 1), ensuring that the requirement for AOC holders to consider situations when a flight crew member is required to commence non-flying duties before a flight duty period is correctly expressed. The amendment is intended to ensure clarity and compliance with safety regulations within the civil aviation industry. The instrument is effective from the day of registration, and its scope is national, applying across all states and territories of Australia. The notice of its making is published in the Gazette, ensuring that all relevant parties are informed of the amendment and its implications.

Key Provisions

The Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 2) (CAO amendment) primarily focuses on correcting a technical error identified in the previous Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 1), which was registered on 4 July 2016 (section 48.1). The CAO amendment seeks to rectify a misunderstanding in the application of certain flight duty period requirements, specifically addressing the situation where a flight crew member is required to commence non-flying duties before a flight duty period. The amendment ensures that the requirement applies to any instance when a flight crew member is called to undertake non-flying duties prior to a flight duty period, rather than only when called out from standby (section 48.1). This amendment imposes specific obligations on the parties or entities governed by the Civil Aviation Order 48.1, including Air Operator Certificate (AOC) holders, to ensure compliance with the corrected requirements. AOC holders must now consider and adhere to the amended provisions that pertain to the commencement of non-flying duties before a flight duty period, as specified in Appendices 4B and 5 of the Civil Aviation Order 48.1. This includes reviewing and updating any relevant operational procedures and training to ensure that all flight crew members are aware of and comply with the corrected requirements. Failure to comply with the provisions of the Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 2) can result in significant consequences. While specific penalties are not detailed in the notice, breaches of the Civil Aviation Regulations 1988 (CAR 1988) can lead to enforcement actions, including fines and potential suspension or revocation of AOCs. The Civil Aviation Safety Authority (CASA) has the authority to impose penalties on non-compliance, which can vary depending on the severity and frequency of the breach. The primary objective of these penalties is to ensure that air operators maintain high safety standards and comply with regulatory requirements to protect public safety in civil aviation.