Federal Register of Legislation - Australian Government

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CASA EX116/15 Exemptions as made
This instrument allows co-pilots of multi-pilot capable single-pilot certificated aircraft (defined as multi-pilot capable aircraft in the instrument) to log their time in flight for the purposes of currency and licensing requirements in Part 61 of the Civil Aviation Safety Regulations 1998. The instrument allows that time logged (defined as permissible co-pilot time) to count as prerequisite flight hours for the grant of an air transport pilot licence in the aeroplane or helicopter category, and for other specified purposes.
Administered by: Infrastructure, Regional Development and Cities
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 28 Jul 2015
Tabling HistoryDate
Tabled HR10-Aug-2015
Tabled Senate10-Aug-2015
Date of repeal 30 Jun 2018
Repealed by Self Repealing

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — logging of time in flight for co-pilots on single-pilot certificated aircraft

 

Purpose

Civil aviation regulations may require aircraft operations to be conducted with 2 pilots depending on the complexity of the aircraft and the number of passengers being carried. In the absence of this requirement, an aircraft operator may, nevertheless, choose to operate a single‑pilot certificated aircraft as a multi-pilot operation, provided that the aircraft is equipped for operations with more than 1 pilot (defined as a multi-pilot capable aircraft in the instrument).

 

This instrument allows a pilot who performs co-pilot duties in a multi-pilot capable aircraft to log his or her flying time (referred to as permissible co-pilot time) into his or her personal logbook. The instrument allows permissible co-pilot time to be counted as equivalent to prerequisite flight time for applicants seeking an air transport pilot licence (ATPL) in the aeroplane or helicopter category, as well as being counted for flight time for specified type ratings and for the grant of a night vision imaging system endorsement in the helicopter category.

 

Legislation

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation. Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation of aircraft.

 

On 1 September 2014, the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014 inserted Part 61 into the Civil Aviation Safety Regulations 1998 (CASR 1998). Part 61 of CASR 1998 establishes the licensing scheme for pilots and flight engineers of registered aircraft. Among other things, regulation 61.080 of CASR 1998 defines a person’s flight time (also referred to as flight time as a pilot) as the duration of solo flight, the person’s flight time as pilot in command, and the person’s flight time as a co-pilot. Regulation 61.085 of CASR 1998 defines flight time as a co-pilot (also referred to as co-pilot flight time) as “any period, during flight in an aircraft that, under these Regulations, must be flown with a flight crew of at least 2 pilots in which the person is performing co-pilot duties other than as pilot in command under supervision.”

 

Regulation 61.360 of CASR 1998 provides that it is an offence for the holder of a flight crew licence to make an entry in his or her logbook and the entry is false or misleading.

 

Regulations 61.705 and 61.710 of CASR 1998 set out the prerequisite number of hours of aeronautical experience that an applicant for an ATPL in the aeroplane and helicopter categories must meet in order to be eligible for the grant of the ATPL. For an ATPL in the aeroplane category, among other things, at least 1 400 hours of flight time as a pilot and at least 750 hours of flight time as a pilot of an aeroplane are required. For an ATPL in the helicopter category, among other things, the applicant must have at least 900 hours of flight time as a pilot and at least 750 hours of flight time as pilot of a helicopter.

 

Regulation 61.775 of CASR 1998 sets out limitations on the exercise of privileges of pilot type ratings for multi-engine turbine-powered type rated aircraft, if the holder of the type rating passed the flight test for the rating in a flight simulator. Under subregulation 61.775 (2), a holder of a rating is authorised to exercise the privileges of his or her type rating as a pilot in command only if the pilot has at least 25 hours of flight time as pilot of an aircraft covered by the rating. Alternatively, the holder is also taken to have met this requirement if the holder has at least the number of hours of flight time specified for each type rating in subregulation 61.775 (3) — for instance, for a type rating for a turbojet‑powered aeroplane, the holder is taken to have met the requirements if he or she has at least 1 000 hours of flight time as a pilot of a turbojet-powered aeroplane; or at least 2 000 hours of flight time, including at least 500 hours of flight time as pilot of a turbojet-powered aeroplane.

 

Regulation 61.1035 of CASR 1998 sets out the requirements for the grant of a night vision imaging system endorsement and includes, under subparagraph 61.1035 (4) (b) (i), a requirement that the applicant for the endorsement has completed 250 hours of flight time in a helicopter and at least 10 hours of that flight time at night.

 

Subregulation 11.160 (1) of CASR 1998 provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the Civil Aviation Orders. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

 

Background

CASA has been working with industry to resolve a situation where, due to the way co-pilot flight time has been expressed in regulation 61.085 of CASR 1998, a co-pilot of multi-pilot capable aircraft would be unable to log his or her time in flight as co-pilot flight time unless regulations require the flight to be conducted with more than 1 pilot. Because a co-pilot is unable to log his or her flight time in this manner, the co-pilot would be unable to satisfy currency requirements (being the number of hours of flight time) for type ratings or prerequisite hours in support of an application for an ATPL or a night vision imaging system endorsement.

 

CASA EX116/15 is an exemption that allows co-pilots of multi-pilot capable aircraft to log their flight time and for that flight time to count for currency and licensing purposes.

 

Instrument

The instrument applies only to a co-pilot of a single-pilot certificated aircraft that is being operated as a multi-pilot aircraft, because the aircraft operator has chosen to do so as opposed to being required to do so under the regulations.

 

The aircraft must be equipped to undertake multi-pilot operations, meaning that it must be fitted with dual flight controls and fitted with flight instruments that are suitable for operation of the aircraft from either pilot station. The aircraft must also be of a kind that has not been covered under regulation 61.085 of CASR 1998, since co-pilots would already be allowed to log their flight time as co-pilot flight time if the regulations require a 2-pilot operation. An example of a multi-pilot capable aircraft covered by this instrument is an AW139 helicopter that is being operated as a 2-pilot operation, with the aircraft operator’s operations manual defining the duties of the co-pilot as pilot flying and pilot monitoring. Without prescribing a list of aircraft, other examples are the Metro series aeroplanes, BE1900 aeroplanes, DO228 aeroplanes, and S-76 helicopters.

 

Permissible co-pilot time is a new kind of flight time that is being created by this instrument. It is time that may be logged by a co-pilot for the duration of the performance of multi-crew operations in accordance with multi-crew procedures specified in the multi-pilot capable aircraft operator’s operations manual. This means that the co-pilot must be genuinely performing co-pilot duties, as specified in the operations manual, during multi-crew operations in the aircraft in order for that time to be logged as permissible co-pilot time.

 

An exemption from subregulation 61.360 (1) of CASR 1998 is required since a permitted co‑pilot would be logging permissible co-pilot time in his or her personal logbook, which outside the operation of this instrument would not be legitimate flight time and would otherwise be false or misleading. It is a condition of the exemption that the permitted co-pilot log permissible co‑pilot time entries into his or her personal logbook.

 

For the purposes of a co-pilot seeking to apply for an ATPL in the aeroplane or helicopter category, the instrument exempts the permitted co-pilot from, respectively, paragraphs 61.705 (1) (a) and (b), and from paragraphs 61.705 (1) (a) and (b) of CASR 1998. The conditions of the instrument are that the permitted co-pilot must log in his or her personal logbook at least the equivalent number of hours specified in those paragraphs via flight time as a pilot, permissible co-pilot time, or a combination of both. This gives the permitted co‑pilot the opportunity to fulfil ATPL prerequisite flying hours either as a co‑pilot taking advantage of this instrument, or through flying hours logged as a pilot in accordance with regulation 61.080 of CASR 1998 (which includes logging co-pilot flight time in accordance with regulation 61.085), or a combination of the 2 kinds of flying hours.

 

A permitted co-pilot is also exempt from complying with subregulation 61.775 (2) and paragraphs 61.775 (3) (a), (b) and (c) of CASR 1998, subject to conditions that require an equivalent number of hours to be logged by way of flight time as a pilot or permissible co‑pilot time, or a combination of both for the type of rating. Through these exemptions and their respective conditions, a permitted co-pilot may use his or her permissible co-pilot time to count for multi-engine turbine-powered aircraft type rating currency requirements.

 

Finally, the permitted co-pilot is exempt from the requirements of subparagraph 61.1035 (4) (b) (i) of CASR 1998, subject to the condition that the permitted co-pilot log an equivalent 250 hours of flight time as a pilot of a helicopter, permissible co‑pilot time in a helicopter, or a combination of both.

 

The instrument is also subject to a range of general conditions specified in Schedule 3. It is a condition that the permitted co-pilot only log, as permissible co-pilot time, the time that he or she performed co-pilot duties in accordance with multi-crew procedures contained in the multi-pilot capable aircraft operator’s operations manual. This ensures that the co-pilot is undertaking the function of, and has a genuine role as, a co-pilot. It is also a condition that the permitted co-pilot log his or her permissible co-pilot time in his or her personal logbook as soon as practicable after completing each flight. This is a requirement similar to that imposed by subparagraph 61.345 (3) (f) (ii) of CASR 1998 in relation to flight time as a pilot. It is a condition that the permitted co-pilot must ensure that a copy of the instrument is included in the operations manual of an operator of a multi-pilot capable aircraft.

 

Legislative Instruments Act 2003 (the LIA)

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or the Civil Aviation Orders. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. CASA EX116/15 applies to a class of persons, being co-pilots of multi-pilot capable aircraft as defined by the instrument. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

At the request of industry, the instrument has been issued to allow co-pilots of modified single-pilot certificated aircraft to log their time in flight for currency and licensing purposes. It is of beneficial effect to the industry and only has an administrative effect since co-pilots are still required to conduct multi-crew operations in accordance with an aircraft operator’s operations manual. It is expected that a regulatory amendment to expand the definition of co‑pilot flight time in regulation 61.085 of CASR 1998 will be made in due course, after which time this instrument will no longer be required. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA. 

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).

 

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 of registration and expires, as if it had been repealed by another instrument, at the end of June 2018.

 

[Instrument number CASA EX116/15]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption — logging of time in flight for co-pilots on single-pilot certificated aircraft

 

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 legislative instrument allows co-pilots of multi-pilot capable single-pilot certificated aircraft (defined as multi-pilot capable aircraft in the instrument) to log their time in flight for the purposes of currency and licensing requirements in Part 61 of the Civil Aviation Safety Regulations 1998. The instrument allows that time logged (defined as permissible co-pilot time) to count as prerequisite flight hours for the grant of an air transport pilot licence in the aeroplane or helicopter category, and for other specified purposes.

 

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