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CASA 28/18 Directions/Civil Aviation as made
This instrument continues to provide uniform fatigue risk management rules for operators of helicopters engaged in mustering operations, as an alternative to the rules set out in Civil Aviation Order 48.1 Instrument 2013.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 20 Apr 2018
Tabling HistoryDate
Tabled HR08-May-2018
Tabled Senate08-May-2018
To be repealed 30 Nov 2020
Repealed by Self Repealing

Instrument number CASA 28/18

I, GRAEME MILLS CRAWFORD, Group Executive Manager, Aviation, a delegate of CASA, make this instrument under regulation 210A of the Civil Aviation Regulations 1988.

[Signed G.M. Crawford]

Graeme M. Crawford
Group Executive Manager, Aviation

17 April 2018

CASA 28/18 – Flight Time Limitations for Helicopter Mustering Operations – Direction 2018

1          Name

                 This instrument is CASA 28/18 – Flight Time Limitations for Helicopter Mustering Operations – Direction 2018.

2          Duration

                 This instrument:

(a)       commences on 1 May 2018; and

(b)      is repealed at the end of 30 November 2020.

3          Application

                 This instrument applies to the operator, and an FCM, of an aircraft engaged in helicopter mustering operations.

4          Direction

                 I direct that the following:

(a)       an operator mentioned in subclauses 2 (1) and (2) of Schedule 1; and

(b)      an FCM employed by that operator;

                 must follow the directions in Schedule 1 when conducting helicopter mustering operations.

5          Transitional

                 An operator who, immediately before the commencement of this direction, was conducting helicopter mustering operations in accordance with the directions in Schedule 1 to instrument CASA 40/17 may continue to conduct such operations in accordance with the directions in Schedule 1 of this instrument without renotifying CASA, but otherwise subject to compliance with Schedule 1 of this instrument.

Schedule 1          Directions

1          Definitions

In this Schedule:

CAO 48.1 means Civil Aviation Order 48.1 Instrument 2013.

duty-free day, in relation to a pilot, means a day on which he or she is not rostered for piloting or other aviation-related duties.

entry-level pilot means a pilot who:

(a)       holds, or is undergoing training for, a mustering approval; and

(b)      has less than 500 hours flying time in mustering operations as pilot in command or acting as pilot in command under supervision.

experienced pilot means the holder of a mustering approval who has a minimum of 500 hours flying time in helicopter mustering operations as pilot in command or acting as pilot in command under supervision.

flight crew member (or FCM) has the same meaning as in CAO 48.1. The abbreviation FCMs means more than 1 FCM.

flight time has the same meaning as in CAO 48.1.

Note   Under clause 5 of this Schedule, flight time, as defined, includes a pilot’s total flight time as an FCM in an aircraft and is not restricted to flying time in a helicopter mustering operation as a pilot in command or acting as pilot in command under supervision.

helicopter mustering operations means activities related to the aerial supervision and control of livestock that are carried out by helicopter and includes:

(a)   aerial stock mustering; and

(b)   aerial stock spotting; and

(c)   animal culling; and

(d)   flying training to carry out such activities.

mustering approval means an approval by CASA to engage in aerial mustering operations given under Civil Aviation Order 29.10, as in force from time to time.

2          Application of directions to mustering operations

     (1)     In spite of CAO 48.1, an operator may conduct helicopter mustering operations in accordance with these directions if the operator, in writing:

(a)   notifies CASA that he or she intends to do so; and

(b)   specifies the date on which he or she intends to start doing so.

     (2)     These directions apply to an operator on and after the date specified by the operator in accordance with paragraph (1) (b).

     (3)     An operator who no longer wishes to conduct helicopter mustering operations in accordance with these directions must give CASA a minimum of 7 days’ notice, in writing, specifying the day at the end of which the directions are to stop applying.

Note   An operator to whom these directions do not apply must conduct helicopter mustering operations in accordance with:

(a)     Part 48 of the Civil Aviation Orders (the CAOs); or

(b)     CAO 48.1.

3          Helicopter mustering operations

              Helicopter mustering operations must be carried out under the V.F.R. by day whether carried out by an entry-level pilot or an experienced pilot.

4          Maximum duty period

              On any day on which an entry-level pilot or an experienced pilot is rostered for piloting or other aviation-related duty by an operator engaged in helicopter mustering operations, the pilot must not be rostered for duty for a period that exceeds the hours of daylight at that particular place and time, plus an additional half hour.

5          Flight time limitations

     (1)     An operator engaged in helicopter mustering operations must not knowingly roster a pilot to fly if the pilot’s total flight time as an FCM will, as a result, exceed:

(a)   in the case of an experienced pilot:

             (i)  100 hours in any 16 consecutive days; or

            (ii)  subject to subparagraph (iii) — 1 200 hours in any 365 consecutive days; or

           (iii)  if the pilot has had a period of 42 consecutive days free of piloting or other aviation-related duty during that period — 1 400 hours in any period of 365 consecutive days; or

(b)   in the case of an entry-level pilot:

             (i)  10 hours in any 24 consecutive hours; or

            (ii)  120 hours in any 30 consecutive days; or

           (iii)  1 200 hours in any 365 consecutive days.

     (2)     A pilot carrying out helicopter mustering operations must notify the operator if his or her total flight time as an FCM will, as a result of being rostered to fly in such operations, exceed a limit set out in paragraph (1) (a) or (b), whichever is applicable.

     (3)     A pilot who is rostered to carry out a flight for the purpose of a helicopter mustering operation must not do so if, as a result, he or she would exceed a limit set out in paragraph (1) (a) or (b), whichever is applicable.

Note   In respect of operations to which these directions do not apply, operators and pilots must comply with the applicable limitations on flight time or duty time:

(a)     as determined in accordance with Part 48 of the CAOs; or

(b)     as otherwise directed under regulation 210A of CAR.

6          Duty-free days

     (1)     In any 16 consecutive days, a pilot must have at least 2 duty-free days that may be consecutive or taken separately.

     (2)     A duty-free day, or 2 or more consecutive duty-free days, are, for the purposes of these directions, taken to:

(a)   commence at the end of the evening civil twilight before the duty-free day, or first duty-free day; and

(b)   end at the beginning of the morning civil twilight on the day following the duty-free day or the last duty-free day.

     (3)     An operator must not knowingly require a pilot to fly in a helicopter mustering operation if the pilot is unfit for duty because of fatigue, illness or injury, or for any other reason.

     (4)     A pilot required to engage in a helicopter mustering operation:

(a)   must notify the operator if he or she is unfit for duty because of fatigue, illness or injury, or for any other reason; and

(b)   must not engage in the operation.

7          Recording of pilot’s flight time and duty time

              Records kept by an operator engaged in helicopter mustering operations must be in a form that facilitates the ready determination of a pilot’s cumulative flight and duty time.

8          Recording of helicopter flying time

              An operator engaged in helicopter mustering operations must record daily flying time for a helicopter by using:

(a)   an electronic data recording device, approved in writing by CASA, installed on a helicopter engaged in helicopter mustering operations; or

(b)   a form of a daily flying return, however described, containing at least the following details:

             (i)  helicopter registration;

            (ii)  the date;

           (iii)  the name of the pilot, or each pilot, flying the helicopter;

           (iv)  the maintenance release number;

            (v)  in respect of each flight:

(A)    the departure point; and

(B)    start engine time; and

(C)    take-off time; and

(D)    landing time; and

(E)    shutdown time; and

(F)     landing point; and

(G)    flight time (as entered in the pilot’s logbook); and

(H)    time-in-service (as entered in the maintenance release); and

(I)     comments (if any); and

(J)     the pilot’s signature; and

(K)    the client’s signature (where possible).