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R50/2004 Orders/Civil Aviation as amended, taking into account amendments up to Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1)
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 13 Jan 2015
Start Date 01 Sep 2014
Date of repeal 02 Sep 2019
Repealed by Civil Aviation Order 48.1 Instrument 2019

Civil Aviation Amendment Order (No. R50) 2004

as amended

made under regulation 5.55 of the Civil Aviation Regulations 1988.

This compilation was prepared on 23 December 2014 taking into account amendments up to Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1).

Prepared by the Legislative Drafting Section, Legal Branch, Legal Services Division, Civil Aviation Safety Authority, Canberra.

1          Name of Order

                 This Order is the Civil Aviation Amendment Order (No. R50) 2004.

2          Commencement

                 This Order commences on gazettal.

3              Replacement of section 48.3 of the Civil Aviation Orders

                 Section 48.3 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.

Schedule 1   Substitution of section 48.3 of the Civil Aviation Orders

Section 48.3

Flight time limitations — flight navigators

1          Limitations where the flight crew complement includes 1 flight navigator

       1.1     A flight navigator of an aeroplane which carries only 1 flight navigator shall be subject to the limitations specified in this subsection.

       1.2     A tour of duty or period of reserve time at home shall be preceded by a rest period on the ground of at least:

(a)   9 consecutive hours embracing the hours between 10 pm and 6 am local time; or

(b)   10 consecutive hours.

       1.3     Notwithstanding the provisions of paragraph 1.2, when an aeroplane is scheduled to arrive at a time such that the flight navigator would be free of duty not later than 10 pm and is delayed beyond that time, the 9 hours rest period prescribed may be commenced up to 11 pm local time if the succeeding tour of duty does not exceed 6 hours.

       1.4     An operator shall not roster a flight navigator for a tour of duty in excess of 12 hours.

       1.5     An operator shall not roster a flight navigator to fly in excess of 9 hours in any 1 tour of duty.

       1.6     A tour of duty already commenced in accordance with paragraph 1.4 may be extended to 13 hours.

       1.7     The flight time in a tour of duty already commenced in accordance with paragraph 1.5 may be extended to 10 hours.

       1.8     Where extensions have been made in accordance with paragraphs 1.6 or 1.7, a flight navigator shall receive a rest period on the grounds in accordance with paragraph 1.2 plus 1 additional hour for each 15 minutes, or part thereof, by which the tour of duty exceeded 12 hours or the flight time exceeded 9 hours.

       1.9     Where a tour of duty already commenced in accordance with paragraphs 1.6 or 1.7 exceeds 13 hours or the flight time exceeds 10 hours the flight navigator shall receive a rest period on the ground of at least 24 consecutive hours.

     1.10     A flight navigator may fly, and an operator may permit him or her to fly, more than 1 tour of duty in any 24 consecutive hours if he or she has a rest period between the first and second tours as prescribed in paragraphs 1.2 or 1.8 as applicable.

     1.11     When a flight navigator has flown as a flight crew member in conformity with paragraph 1.10 and where the aggregate flight time, or duty time within the 24 hours period exceeds 9 hours or 12 hours respectively, he or she shall have a rest period on the ground of at least 12 hours embracing the hours between 10 pm and 6 am local time, or 24 consecutive hours.

     1.12     A flight navigator shall not commence a flight and an operator shall not roster him or her for a flight unless, during the 7 day period terminating coincident with the termination of the flight he or she has been relieved from all duty associated with his or her employment for at least 1 continuous period embracing the hours between 10 pm and 6 am local time, on 2 successive nights.

     1.13     An operator shall not roster a flight navigator to fly when completion of the flight will result in the flight navigator exceeding 90 hours of duty of any nature associated with his or her employment in each fortnight standing alone. For the purpose of this paragraph, duties associated with a flight navigator’s employment include reserve time at the airport, tours of duty, dead head transportation, administrative duties and all forms of ground training. The operator shall designate the day on which the first of the fortnightly periods shall start.

     1.14     A flight navigator shall not fly and an operator shall not roster him or her to fly in excess of:

(a)   100 hours in 30 consecutive days; and

(b)   900 hours in 365 consecutive days.

2          Limitations where the flight crew complement includes 2 flight navigators

       2.1     For the purpose of this subsection, a 2 flight navigator flight crew shall include:

(a)   2 flight navigators; or

(b)   1 flight navigator and 1 pilot crew member holding a valid flight navigator licence.

       2.2     Where the rostered tour of duty exceeds 12 hours the operator shall provide for the resting flight navigator a bunk or berth, approved by CASA as being capable of providing adequate rest, except that where the tour is restricted to not more than 14 hours, a seat approved by CASA may be provided in lieu of the bunk or berth.

       2.3     Before commencing a tour of duty, or a period of reserve time at home, a flight navigator shall have a rest period of at least 12 consecutive hours.

       2.4     An operator shall not roster in such a manner that a flight navigator will exceed 9 consecutive hours and a total of 14 hours of active duty in any tour of duty.

       2.5     An operator shall not roster a flight navigator for a tour of duty in excess of 18 hours.

       2.6     If the provisions of section 48.0, paragraph 2 are observed a tour of duty commenced in accordance with paragraph 2.5 may be extended at the discretion of the pilot in command up to 22 hours.

       2.7     An operator shall be responsible for providing a system which ensures that the pilot in command rosters the flight navigator for in-flight relief in such a manner that optimum rest periods are provided.

       2.8     At or before the completion of 9 consecutive hours of active duty a flight navigator shall be rostered off-duty, in flight, for a period of rest which is in accordance with the roster of rest and duty periods drawn up by the pilot in command.

       2.9     Following a tour of duty a flight navigator shall have a rest period of at least 12 consecutive hours except that, where seat rest has been provided in accordance with paragraph 2.2 and the tour of duty exceeded 12 hours or the flight time exceeded 9 hours, the flight navigator shall have a rest period of at least 24 hours before being rostered for duty under subsection 1 of this Part.

     2.10     When a flight navigator has completed a tour of duty extended under the provisions of paragraph 2.6, he or she shall:

(a)   have a rest period of not less than 18 consecutive hours before the next tour of duty; or

(b)   not exceed 18 hours on the following tour of duty.

     2.11     Following 50 hours of duty of any nature associated with his or her employment a flight navigator shall have a rest period of not less than 24 consecutive hours before commencing a tour of duty.

     2.12     An operator shall not roster a flight navigator to fly when completion of the flight will result in the flight navigator exceeding 90 hours of duty of any nature associated with his or her employment in each fortnight standing alone. For the purpose of this paragraph duties associated with a flight navigator’s employment include reserve time at the airport, tours of duty, dead head transportation administrative duties and all forms of ground training. The operator shall designate the day on which the first of the fortnightly periods shall start.

     2.13     A flight navigator shall not fly and an operator shall not roster him or her to fly in excess of:

(a)   100 tours in 30 consecutive days; and

(b)   900 hours in 365 consecutive days.

3          Limitations where the flight crew includes 1 flight navigator and the route to be flown includes 1 or more sectors approved by CASA for navigation solely from the pilot station

                 The provisions of paragraphs 2.2, 2.3, 2.4, 2.5, 2.7, 2.9, 2.10, 2.11, 2.12, 2.13 shall apply.

Notes to Civil Aviation Order 48.3

Note 1

The Civil Aviation Order (in force under the Civil Aviation Regulations 1988) as shown in this compilation comprises Civil Aviation Order 48.3 amended as indicated in the Tables below.

Table of Orders

Year and
number

Date of notification
in Gazette/
registration on FRLI

Date of
commencement

Application, saving or
transitional provisions

CAO 2004 No. R50

8 December 2004 (F2005B00878)

8 December 2004 (s. 2)

 

CAO (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1)

FRLI 29 August 2014 (F2014L01177)

1 September 2014 (s. 2)

Sections 3 and 31 (Table A)

 


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

s. 48.3

subs. 2

rs. CAO 2004 No. R50

am. CAO (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1)

 

Table A          Application, saving or transitional provisions

 

Sections 3 and 31 of Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) read as follows:

 

3          Definitions

        (1)     In this instrument:

continued authorisation has the meaning given by regulation 202.261 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

new authorisation has the meaning given by regulation 202.261 of CASR 1998.

        (2)     A reference in this instrument to a Civil Aviation Order identified by a specified number is taken to include a reference to the section of the Civil Aviation Orders with that number.

Note   Some existing legislative instruments are referred to as a Civil Aviation Order followed by a number. Other instruments are referred to as a section of the Civil Aviation Orders. For consistency, in this instrument, all such instruments are referred to as a Civil Aviation Order followed by a number. For example, a reference to Civil Aviation Order 40.2.2 is taken to include a reference to section 40.2.2 of the Civil Aviation Orders.

31        Transitional — application of Civil Aviation Orders

                 The Civil Aviation Orders apply to a continued authorisation as if it were the equivalent new authorisation.