Federal Register of Legislation - Australian Government

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Regulations as made
This regulation amends the Civil Aviation Safety Regulations 1998 to extend the end of the transition period from 31 August 2017 to 31 August 2018, where applicable, for the purposes of the flight crew licensing suite of regulations that came into force on 1 September 2014. The effect is to align the transition period for all of the flight crew licensing activities to end on 31 August 2018. The regulations also remove the responsibility of the chief executive officer of a Part 141 operator to establish and regularly review the operator's safety performance indicators.
Administered by: Infrastructure and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 20 Jun 2017
Tabling HistoryDate
Tabled HR22-Jun-2017
Tabled Senate08-Aug-2017
Date of repeal 22 Jun 2017
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

EXPLANATORY STATEMENT

 

 

Issued by the authority of the Minister for Infrastructure and Transport

 

Civil Aviation Act 1988

Civil Aviation Safety Amendment (Flight Crew Licensing and Other Measures) Regulations 2017

 

The Civil Aviation Act 1988 (the Act) establishes the regulatory framework for maintaining, enhancing and promoting the safety of civil aviation, with particular emphasis on preventing aviation accidents and incidents.

 

Subsection 98 (1) of the Act provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. That subsection also provides that the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation (Chicago Convention) relating to safety and in relation to the safety of air navigation, being regulations with respect to any other matters for which the Parliament has power to make laws.

 

Subsection 9 (1) of the Act specifies, in part, that the Civil Aviation Safety Authority (CASA) has the function of conducting the safety regulation of civil air operations in Australian territory by means that include developing and promulgating appropriate, clear and concise aviation safety standards and issuing certificates, licences, registrations and permits.

 

The Civil Aviation Safety Amendment (Flight Crew Licensing and Other Measures) Regulations 2017 (the Regulations) make various amendments to the Civil Aviation Safety Regulations 1998 (CASR) that extend the end of the transition period from 31 August 2017 to 31 August 2018, where applicable, for the purposes of the flight crew licensing suite of regulations that came into force on 1 September 2014. The effect is to align the transition period for all of the flight crew licensing activities to end on 31 August 2018.

 

New flight crew licensing regulations introduced in September 2014 were complemented by a transition period running until 31 August 2017, designed to allow CASA and affected parts of industry time to satisfy the new regulatory requirements. Work to implement the new arrangements and consultations with industry revealed that more time was required to effectively implement the new requirements and that it was appropriate to extend the transition period by a further 12 months.

 

The transition regulations are contained in Part 202 of CASR. Regulation 202.277A makes provision for an applicant to be granted a private pilot licence with helicopter category rating (PPL(H)) if she or he meets the requirements in Part 5 of the Civil Aviation Regulations 1988 (CAR) that applied prior to the commencement of the new regulations. However, the option to use the old requirements ceased on 31 August 2017. The Regulations extend the period by 12 months to 31 August 2018, during which time applicants can use the old licensing requirements to obtain a PPL(H).

 

Regulation 202.277B applies to an applicant for a commercial pilot licence with helicopter category rating (CPL(H)), in the same way that regulation 202.277A applies to the PPL(H). The Regulations extend the transition period by 12 months to 31 August 2018, during which time applicants can use the old licensing requirements to obtain the CPL(H).

 

The Regulations also extend the transition period for operators that conduct flight training, contracted recurrent training and contracted checking activities under Parts 141 or 142 of CASR. The effect is to extend the validity period of any certificates issued under regulations 202.721, 202.722, 202.723, 202.744, 202.745 or 202.746 of CASR (temporary certificates) by 12 months to 31 August 2018, unless the certificate is cancelled earlier. The Regulations also extend the transition period within which these operators would have to complete their preparations and obtain their certificates under those CASR Parts.

 

The Regulations also remove the responsibility of the chief executive officer of a Part 141 operator to establish and regularly review the operator's safety performance indicators.

 

Consultation

 

CASA consulted on the proposed changes via various forums conducted after the flight crew licensing regulations commenced on 1 September 2014. This included consultation with:

·                the Flight Crew Licensing Implementation Forum of key stakeholders in Canberra on 17 December 2014;

·                the helicopter flight training sector at meetings held with CASA in December 2014, April 2015 and July 2015;

·                the flight crew licensing subcommittee of the Standards Consultative Committee, which is a consultation forum of aviation community and CASA participants; and

·                the Industry Advisory Panel, which was formed in December 2015 and included representatives from the relevant industry associations, representative operators and sector representatives, to provide advice to CASA on matters pertaining to the new licensing regulations.

 

Regulation Impact Statement

 

The Office of Best Practice Regulation assessed that the proposed legislation is likely to have minor regulatory impacts and that a Regulatory Impact Statement is not required (OBPR ID 22231).

 

Statement of Compatibility with Human Rights

 

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

 

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003. Details of the Regulations are set out in Attachment B.

 

The provisions of the Civil Aviation Safety Amendment (Flight Crew Licensing and Other Measures) Regulations 2017 commence on the day after registration on the Federal Register of Legislation.

 

 

Authority:  Subsection 98(1) of the

Civil Aviation Act 1988


ATTACHMENT A

 

 

Statement of Compatibility with Human Rights

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

 

Civil Aviation Safety Amendment (Flight Crew Licensing and Other Measures) Regulations 2017

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 Disallowable Legislative Instrument

The Civil Aviation Safety Amendment (Flight Crew Licensing and Other Measures) Regulations 2017 (the Regulations) make amendments to the Civil Aviation Safety Regulations 1998 (CASR) to extend the transition period of specified flight crew licensing activities authorised in Parts 61, 141 and 142 of CASR.  This will align the transition periods for all flight crew licensing activities under CASR.  The Regulations also remove from Part 141 of CASR the express responsibility of the chief executive officer of a Part 141 operator to establish and regularly review the operator’s safety performance indicators and targets.

 

Human rights implications

The extension of the transition arrangements provides continuing flexibility for operators and individuals to transition to the new flight crew licensing requirements, which in some circumstances may alleviate regulatory burden on some sectors of the aviation industry.  In this regard, the extension of the transitional arrangements may engage with the right to work in a positive way for sectors of the industry that take advantage of the extended transition period.

The removal of the requirement for the chief executive officer of a Part 141 operator to establish and regularly review the operator’s safety performance indicators and targets will not affect the level of safety provided to pilots or other persons in a material way.

Conclusion

The Regulations are considered compatible with human rights.

The instrument is intended to ensure that the safety standards required are reasonable and proportionate in relation to the risks involved, are not unnecessarily complex, and do not impose unnecessary costs.


ATTACHMENT B

 

Details of the Civil Aviation Safety Amendment (Flight Crew Licensing and Other Measures) Regulations 2017

 

Section 1 - Name of Regulations

 

This section provides that the title of the Regulations is the Civil Aviation Safety Amendment (Flight Crew Licensing and Other Measures) Regulations 2017.

 

Section 2 - Commencement

 

This section provides that the Regulations commence on the day after the date of registration on the Federal Register of Legislation.

 

Section 3 - Authority

 

This section provides that the Regulations are made under the Civil Aviation Act 1988.

 

Section 4 - Schedule(s)

 

This section provides that each instrument that is specified in a Schedule to the instrument will be amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the instrument will have effect according to its terms.

 

Schedule 1 - Amendments

 

Civil Aviation Safety Regulations 1998

 

Part 1—Extension of transition period to 31 August 2018

 

Item [1] Subregulations 202.277A(3) and 202.277B(3)

 

Item [1] repeals the subregulations and substitutes new subregulations 202.277A(3) and 202.277B(3), to extend the period within which an applicant can be granted a private pilot licence with a helicopter category rating, or commercial pilot licence with a helicopter category rating, by meeting the applicable requirements for the licence and rating that were specified in Part 5 of the Civil Aviation Regulations 1988 before the commencement of Part 61 of CASR on 1 September 2014.

 

Item [2] Paragraphs 202.721(5)(a), 202.722(6)(a) and 202.723(6)(a)

 

Item [2] omits references to '31 August 2017' and substitutes '31 August 2018', thereby extending the validity of a certificate that was issued to an operator under regulations 202.722, 202,722 or 202.723 of CASR (temporary certificates) until 31 August 2018 unless the temporary certificate is cancelled earlier. Prior to 1 September 2014, the holders of these temporary certificates conducted recreational, private and commercial pilot flight training, other than certain integrated training courses. The effect of this amendment, in conjunction with Item [3], is to extend the validity period of a Part 141 (temporary) certificate issued to a person on the basis of regulation 142.721 until 31 August 2018, or otherwise cancelled.

 


 

Item [3] Regulation 202.729

 

Item [3] repeals the regulation and substitutes a new regulation 202.729 of CASR that delays the repeal of Division 202.GA.1 of CASR from 31 August 2017 until 31 August 2018, so that the effect of the amendments to the regulations referred to in Items [1] and [2] are not lost.

 

Item [4] Paragraphs 202.744(4)(a), 202.745(5)(a) and 202.746(5)(a)

 

Item [4] omits '31 August 2017' and substitutes '31 August 2018', thereby extending the validity period of a certificate issued to an operator under regulations 202.744, 202.745 or 202.746 of CASR (temporary certificate) until 31 August 2018, unless the temporary certificate is cancelled earlier. Prior to 1 September 2014, the holders of these temporary certificates conducted a training activity that is equivalent to Part 142 flight training conducted in a flight simulation training device.

 

Item [5] Regulation 202.752

 

Item [5] repeals the regulation and substitutes a new regulation 202.752 of CASR that delays the repeal of Division 202.GA.1 from 31 August 2017 until 31 August 2018. The amendment applies to the holders of Air Operator's Certificates (AOCs) that authorised the flying or operation of an aeroplane, rotorcraft or airship for flying training. Prior to 1 September 2014, the holders of these AOCs conducted integrated and multi-crew pilot flight training, contracted recurrent training and contracted checking as described in Part 142 of CASR. The effect of this amendment is to give these AOC holders an additional 12 months within which to complete the transition and obtain a Part 142 AOC.

 

 

 

Part 2—Responsibilities of chief executive officers of Part 141 operators

 

Item [6] Paragraph 141.120(1)(e)

 

Item [6] repeals the paragraph, thereby removing the responsibility of the chief executive officer of a Part 141 operator to establish and regularly review the operator's safety performance indicators and targets.