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R49/2004 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 14 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Repealed by Civil Aviation Order 48.1 Instrument 2019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. R49) 2004
as amended

made under regulation 5.55 of the Civil Aviation Regulations 1988.

This compilation was prepared on 12 January 2015 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. R49) 2004.

2          Commencement

                 This Order commences on gazettal.

3          Replacement of section 48.2 of the Civil Aviation Orders

                 Section 48.2 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.

Schedule 1   Substitution of section 48.2 of the Civil Aviation Orders

Section 48.2

Flight time limitations — flight engineers

1          Limitations where the flight crew includes 1 flight engineer

       1.1     A flight engineer of an aeroplane which carries 1 flight engineer shall be subject to the limitations specified in these Orders.

       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.

    1.2.1     Notwithstanding the provisions of paragraph 1.2, when an aircraft is scheduled to arrive at a time such that the flight engineer would be free of duty not later than 10 pm and the aircraft 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.

       1.3     An operator shall not roster a flight engineer for a tour of duty in excess of 11 hours.

       1.4     An operator shall not roster a flight engineer to fly in excess of 8 hours flight time in any 1 tour of duty.

       1.5     A tour of duty already commenced in accordance with paragraph 1.3 may he or she extended to 12 hours.

       1.6     The flight time in a tour of duty already commenced in accordance with paragraph 1.4 may be extended to 9 hours.

       1.7     Where extensions have been made in accordance with paragraph 1.5, a flight engineer shall receive a rest period on the ground of not loss than:

(a)   9 consecutive hours, which shall include the hours between 10 pm and 6 am local time, plus 1 additional hour for each 15 minutes or part thereof by which his or her tour of duty time exceeded 11 hours; or

(b)   10 consecutive hours plus 1 additional hour for each 15 minutes or part thereof by which his or her tour of duty time exceeded 11 hours.

       1.8     Where extensions have been made in accordance with paragraph 1.6, a flight engineer shall receive a rest period on the ground of not less than:

(a)   9 consecutive hours, which shall include the hours between 10 pm and 6 am local time, plus 1 additional hour for each 15 minutes or part thereof by which his or her flight time exceeded 8 hours; or

(b)   10 consecutive hours plus 1 additional hour for each 15 minutes or part thereof by which his or her flight time exceeded 8 hours.

       1.9     Where a tour of duty already commenced in accordance with paragraph 1.3 and 1.4 exceeds 12 hours, or the flight time exceeds 9 hours, the flight engineer shall receive, at the completion of the tour of duty, a rest period of at least 24 consecutive hours.

     1.10     Where a flight engineer has completed 2 consecutive tours of duty, the aggregate of which exceeds 8 hours flight time or 11 hours duty time, and the intervening rest period is less than:

(a)   12 consecutive hours embracing the hours between 10 pm and 6 am local time; or

(b)   24 consecutive hours, if not embracing the hours between 10 pm and 6 am local time;

he or she shall have a rest period on the ground of at least 12 consecutive hours embracing the hours between 10 pm and 6 am local time or 24 consecutive hours, prior to commencing a further tour of duty.

     1.11     Notwithstanding the provisions of paragraph 1.10 of this subsection, when an aircraft is scheduled to arrive at such a time that the flight engineer would be free of duty not later than 10 pm local time and the aircraft is delayed beyond that time, the 12 hour rest period prescribed in paragraph 1.10 may be commenced up to 11 pm provided that the succeeding tour of duty does not exceed 6 hours.

     1.12     A flight engineer 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 consecutive nights.

     1.13     An operator shall not roster a flight engineer to fly when completion of the flight will result in the flight engineer 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 engineers 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 engineer shall not fly, and an operator shall not roster him or her to fly, in excess of 900 hours in 365 consecutive days.

     1.15     A flight engineer shall not fly, and an operator shall not roster him or her to fly, in excess of 100 hours in 30 consecutive days.

     1.16     A flight engineer shall not fly, and an operator shall not roster him or her to fly, in excess of 30 hours in 7 consecutive days.

2          Limitations where the flight crew complement includes 2 or more flight engineers

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

(a)   2 flight engineers; or

(b)   1 flight engineer and such other licensed crew member authorised to relieve the flight engineer.

       2.2     Where the rostered tour of duty exceeds 11 hours, the operator shall provide, for the resting flight engineer, a bunk or berth, approved by CASA as being capable of providing adequate rest, except that where a tour of duty 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 engineer 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 engineer will exceed 8 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 engineer for a tour of duty in excess of:

(a)   16 hours in turbo-jet aircraft; and

(b)   18 hours, except where specifically varied by CASA, in other types of aircraft.

       2.6     Provided that the provisions of section 48.0, subsection 1 are observed, a tour of duty, commenced in accordance with the provisions of paragraph 2.5, may be extended, at the discretion of the pilot in command, up to the following:

(a)   20 hours in turbo-jet aircraft; and

(b)   22 hours, except where specifically varied by CASA, in other types of aircraft.

       2.7     At or before the completion of 8 consecutive hours of active duty, a flight engineer 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.

       2.8     The operator shall be responsible for providing a system which ensures that the pilot in command rosters the flight engineer for in flight relief in such a manner that optimum rest periods are provided.

       2.9     When a flight engineer has completed a tour of duty in excess of 18 hours, he or she shall:

(a)   receive a rest period of at least 18 hours before the next tour of duty; or

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

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

     2.11     Following a tour of duty under this subsection, a flight engineer shall, before being rostered for duty under the provisions of subsection 1 of this section, have a rest period of not less than 12 consecutive hours except that, after operating with seat rest, as provided in paragraph 2.2 and where the tour of duty exceeded 11 hours or the flight time exceeded 8 hours, this rest period shall not be less than 24 hours.

     2.12     A flight engineer 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.

Notes to Civil Aviation Order 48.2

Note 1

The Civil Aviation Order (in force under the Civil Aviation Regulations 1988) as shown in this compilation comprises Civil Aviation Order 48.2 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. R49

8 December 2004 (F2005B00877)

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. 48.2

rs. CAO 2004 No. R49

subs. 1

am. F2014L01177

subs. 2

am. F2014L01177

 

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.