Explanatory Statement
Civil Aviation Safety Regulations 1998
Prescription of Qualification Standards (Synthetic Trainers) Instrument 2022
Purpose
Prescription of Qualification Standards (Synthetic Trainers) Instrument 2022 (the instrument) prescribes qualification standards for flight simulation training devices comprised of synthetic trainers for the purposes of regulation 61.045 of the Civil Aviation Safety Regulations 1998 (CASR). The instrument is required so that such devices can qualify as a flight simulation training device as defined in paragraph 61.010 (d) of CASR.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made CASR and the Civil Aviation Regulations 1988 (CAR).
Under paragraph 98 (5A) (a) of the Act, the regulations may empower the Civil Aviation Safety Authority (CASA) to issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft.
Regulation 61.010 of CASR defines a flight simulation training device as including, under paragraph (d), “a device that meets the qualification standards prescribed by a legislative instrument under regulation 61.045”.
Regulation 61.045 of CASR enables CASA, by legislative instrument, to prescribe qualification standards for flight simulation training devices.
Background
Synthetic trainers are defined in regulation 2 of CAR as a type of ground training device, other than a flight simulator or flight training device, that simulates or represents flight conditions, aircraft characteristics and a cockpit environment. They are at the less complex end of the range of synthetic training devices in that they typically offer limited visual, systems and manual flight capabilities.
Part 60 of CASR governs synthetic training devices. It is divided into subparts, with Subpart 60.B governing flight simulators and flight training devices and Subpart 60.C (not yet populated) to govern basic instrument flight trainers, including synthetic trainers covered by this instrument. Once Subpart 60.C is added, the instrument can be repealed.
Synthetic trainers have been governed by section 45.0 of the Civil Aviation Orders as set out in Schedule 1 of Civil Aviation Amendment Order (No. 2) 2004 (CAO 45.0). However, the validity of CAO 45.0 has recently been questioned as a result of the repeal of certain provisions of CAR that served as its heads of power. Since CAO 45.0 was made, Parts 60 and 61 of CASR have become the legislative vehicles for this regulatory sphere, of which this instrument now forms a necessary part.
Overview of instrument
The instrument prescribes the qualification standards set out in the CASA document entitled FSD-2 (defined in the instrument) as the qualification standards for synthetic trainers.
The instrument incorporates FSD-2 as existing from time to time, as discussed below. This will enable the regulation of synthetic trainers by means of the qualification standards prescribed by the instrument to keep up to date with technological improvements to these kinds of devices over time. An updated version of FSD-2 (Version 1.6) is expected to coincide with the making of this instrument.
The qualification standards in FSD-2 are the standards against which the features of a synthetic trainer are evaluated in order to determine (a) whether the synthetic trainer qualifies as a flight simulation training device and (b) if so, the purpose for which the device may, in theory, be used (i.e. whether it is eligible to be an approved flight simulation training device for a purpose — see the definition of that term in regulation 61.010 of CASR) (an approved FSTD)). An operator must not use a synthetic trainer for a purpose without CASA’s approval.
CASA may approve the use of a synthetic trainer for a purpose for an operator in any of the following ways:
- For a Part 141 operator — by the approval of their operations manual (see paragraph (a) of the definition of approved flight simulation training device in regulation 61.010 of CASR). The operator would submit a new or revised version of their operations manual to CASA for approval. The application would include details of the synthetic trainer and how the qualification standards are met for a particular purpose. The operator’s head of operations must ensure that when the operator conducts training in the device, it meets the qualification standards (see regulation 141.130) and must include in the operations manual, a description of the procedures by which the operator ensures that the device meets those standards (see regulation 141.260)
- For a Part 142 operator — by the approval of their exposition (see paragraph (a) of the definition of approved flight simulation training device in regulation 61.010 of CASR). The operator would submit a new or revised version of their exposition to CASA for approval. The application would include details of the synthetic trainer and how the qualification standards are met for a particular purpose. The operator’s head of operations must ensure that when the operator conducts training in the device, it meets the qualification standards (see regulation 142.190) and must include in the operator’s exposition, a description of the procedures by which the operator ensures that the device meets those standards (see regulation 142.340)
- For any other operator — by an approval granted to the operator under regulation 61.040 of CASR. Paragraph (b) of the definition of approved flight simulation training device in regulation 61.010 relevantly refers to an operator holding an approval under regulation 61.040 to use such a device for a particular purpose (as required under subregulation 61.040 (1)). Application for such an approval would be made under Part 11 of CASR.
There are many purposes for which a synthetic trainer may be approved. Wherever CASR specifies the use of an approved FSTD for an activity, it could potentially involve a synthetic trainer. CASR permits applicants seeking to qualify for a range of flight crew licences, ratings and endorsements, to demonstrate competency by use of an approved FSTD, for example, the completion of aeronautical experience for the grant of private, commercial, multi-crew or air transport pilot licences — see subsections 61.525 (2), 61.590 (2), 61.645 (2)-(7) and 61.685 (2)-(7) respectively. The use of approved FSTDs are also contemplated in the grant of qualifications relating to pilot type ratings, cruise relief type ratings, instrument ratings, aircraft category or class endorsements, private instrument ratings, night VFR ratings, night VFR endorsements, night vision imaging system endorsements, flight instructor ratings, simulator instructor ratings, training endorsements, flight examiner ratings, flight engineer licences, flight engineer instructor ratings and flight engineer examiner ratings.
Document incorporated by reference
Paragraph 14 (1) (b) of the Legislation Act 2003 (the LA) authorises the incorporation into a legislative instrument of any matter contained in any other instrument or writing as in force or existing at the time the instrument commences. Under subsection 14 (2) of the LA, unless the contrary intention appears, the legislative instrument may not make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time. However, subsection 98 (5D) of the Act provides that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.
FSD-2 is incorporated into the instrument as existing from time to time. The qualification standards set out in FSD-2 are prescribed as the qualification standards for synthetic trainers. Publication FSD-2 is freely available on the CASA website at:
https://casaau.sharepoint.com/sites/document-catalogue/CASADocuments/Forms/AllItems.aspx?id=%2Fsites%2Fdocument-catalogue%2FCASADocuments%2FOperational standards and requirements - approved synthetic trainers %28FSD-2%29%2Epdf&parent=%2Fsites%2Fdocument-catalogue%2FCASADocuments.
Content of instrument
Subsection 1 (1) gives the instrument its name: Prescription of Qualification Standards (Synthetic Trainers) Instrument 2022.
Section 2 provides that the instrument commences on the day after it is registered.
Section 3 contains definitions of 2 terms used in the instrument. These are FSD-2, defined as the document entitled Operational Standards and Requirements—Approved Synthetic Trainers (FSD2) published by CASA as existing from time to time and synthetic trainer, which is given the same meaning as it has in regulation 2 of CAR, namely, “a ground training device, other than a flight simulator or a flight training device, that simulates or represents flight conditions, aircraft characteristics and a cockpit environment”.
Section 4 provides that, for the purposes of regulation 61.045 of CASR, the qualification standards in FSD-2 are prescribed as the qualification standards for synthetic trainers. The Note to section 4 draws the reader’s attention to where the instrument would be called up in CASR, namely, paragraph (d) of the definition of flight simulation training device in regulation 61.010.
The transitional provision in section 5 deems an approved synthetic trainer within the meaning of CAO 45.0 (provided its approval was in force immediately before the commencement of the instrument) to have met the prescribed qualification standards and accordingly to continue as a flight simulation training device, subject to the same terms and conditions that applied under the approval.
Legislation Act 2003
Under subsection 8 (2) of the LA, if a primary law gives power to do something by legislative instrument, then, if the thing is done, it must be done by instrument, and that instrument is a legislative instrument. Regulation 61.045 of CASR (which is a primary law) gives power to prescribe qualification standards for flight simulation training devices by legislative instrument.
Additionally, regulation 61.045 expresses that it is “for paragraph 98 (5A) (a) of the Act”. Paragraph 98 (5A) (a) of the Act provides that CASA may issue instruments in relation to matters affecting the safe navigation and operation or the maintenance of aircraft. Paragraph 98 (5AA) (c) of the Act provides that an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply in relation to a class of aeronautical product. The instrument applies to synthetic trainers which are a class of aeronautical product. The instrument is, therefore, a legislative instrument, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
The instrument is being made as a result of CASA’s concerns surrounding the uncertain footing of the current regulatory instrument for synthetic trainers, namely, CAO 45.0. The instrument provides a firmer legislative foundation for the regulation of synthetic trainers and brings it into better alignment with Parts 60 and 61 of CASR with no resulting change to the regulatory landscape for industry. The practices and procedures with regard to the regulation of synthetic trainers will continue in the same manner as long understood by CASA and industry and will continue to meet the standards and capabilities for this class of trainer as prescribed by the International Civil Aviation Organization (ICAO). Accordingly, CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.
Sunsetting of legislative instruments
As the instrument relates to aviation safety and is made under CASR, Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the instrument (see item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). The instrument is intended to have enduring operation and it would not be appropriate for it to be subject to sunsetting. The exemption from the sunsetting provisions affects parliamentary oversight by not requiring the instrument to be remade and subject to further tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Sector risk, economic and cost impact
Subsection 9A (1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A (3) of the Act states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9 (1) (c), CASA must:
(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and
(b) take into account the differing risks associated with different industry sectors.
The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.
As the instrument replaces a regulatory scheme for synthetic trainers that has been in place for several years with no change to conditions or outcomes, there will be no change of economic or cost impact on individuals, businesses or the community.
Office of Best Practice Regulation (OBPR)
The making of this instrument does not involve a change of policy or any change in regulatory impact. The policy behind the qualification of synthetic trainers remains intact. The only change is the legislative vehicle by which the measure is achieved. Accordingly, a regulation impact statement is not considered necessary.
Impact of instrument on categories of operations and on communities in regional and remote Australia
The impact of the instrument is to create a sound foundation for the regulation of synthetic trainers. This legislative vehicle for the regulation of synthetic trainers will ensure that aviation training is safer, more cost-effective and versatile, especially in training programs affected by airspace congestion, distance from capital city airports and a reduction in numbers of ground-based navigational aids.
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.
Making and commencement
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
The instrument commences on the day after it is registered.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Prescription of Qualification Standards (Synthetic Trainers) Instrument 2022
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 Prescription of Qualification Standards (Synthetic Trainers) Instrument 2022 (the instrument) is to prescribe qualification standards for synthetic trainers under regulation 61.045 of the Civil Aviation Safety Regulations 1998 (CASR). Synthetic trainers are defined, under regulation 2 of the Civil Aviation Regulations 1988, as a type of ground training device that simulates or represents flight conditions, aircraft characteristics and a cockpit environment.
The instrument prescribes the qualification standards contained in the document published by the Civil Aviation Safety Authority: Operational Standards and Requirements—Approved Synthetic Trainers (FSD-2). FSD-2 contains the qualification of standards applying to synthetic trainers. FSD-2 applies as it exists from time to time, thereby enabling those matters to be adjusted, if necessary, in accordance with technological improvements over time.
It is anticipated that the instrument will eventually be replaced by new Subpart 60.C of CASR and at that stage the instrument will be repealed.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority