Federal Register of Legislation - Australian Government

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CASA EX54/19 Exemptions as made
This instrument exempts Air Operator Certificate holders and their flight crew members, who are involved in aeroplane aerial application operations, from the requirements of Civil Aviation Order 48.1 Instrument 2013 and subsections 2 and 3 of Civil Aviation Order 48.1 as contained in Civil Aviation Amendment Order (No. R48) 2004. This will remove any doubt that all flight time limitations and fatigue management requirements for aeroplane aerial application operations will continue to be those imposed under Subpart 137.Q of the Civil Aviation Safety Regulations 1998 which, for the time being, are specifically designed for such operations.
Administered by: Infrastructure, Transport, Cities and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 31 May 2019
Tabling HistoryDate
Tabled HR02-Jul-2019
Tabled Senate02-Jul-2019
To be repealed 31 May 2022
Repealed by Self Repealing

Instrument number CASA EX54/19

I, Shane Patrick carmody, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed S. Carmody]

Shane Carmody
Director of Aviation Safety

31 May 2019

CASA EX54/19 — Civil Aviation Order 48.1 Instrument 2013 (Aerial Application Operations in Aeroplanes) Exemption 2019

1          Name

                 This instrument is CASA EX54/19 — Civil Aviation Order 48.1 Instrument 2013 (Aerial Application Operations in Aeroplanes) Exemption 2019.

2          Duration

                 This instrument:

(a)   commences on 1 June 2019; and

(b)   is repealed at the end of 31 May 2022.

3          Definition

                 In this instrument:

aerial application operation has the meaning given by regulation 137.010 of the Civil Aviation Safety Regulations 1998 (CASR).

4          Application of section 5

                 Section 5 of this instrument applies to the following:

(a)   the holder of an Air Operator’s Certificate (an AOC) for an aeroplane who is engaged in an aerial application operation using the aeroplane (the operator);

(b)   each flight crew member (an FCM) employed by, and undertaking aerial application duties in the aeroplane for, the operator;

                 if on the commencement of this instrument, the operator is required to comply with Civil Aviation Order 48.1 Instrument 2013.

5          Exemption — Civil Aviation Order 48.1 Instrument 2013

                 Each operator and each FCM mentioned in section 4 is exempt from compliance with the requirements of Civil Aviation Order 48.1 Instrument 2013.

Note   The exemption does not apply to any helicopter operations.

6          Conditions for section 5

                 The exemption mentioned in section 5 is subject to the following conditions:

(a)   before an FCM conducts an aerial application operation for an operator in an aeroplane, the operator must be satisfied that the FCM has received awareness material, or training, in managing the fatigue-related risks relevant to his or her duties as an FCM;

(b)   the operator and the FCM must comply with the requirements of Subpart 137.Q of CASR to the extent that those requirements apply to the person.

Note   Regulation 137.300, in particular, deals with the FCM being fit for duty.

7          Application of section 8

                 Section 8 of this instrument applies to the following:

(a)   the holder of an Air Operator’s Certificate (an AOC) for an aeroplane who is engaged in an aerial application operation using the aeroplane (the operator);

(b)   each flight crew member (an FCM) employed by, and undertaking aerial application duties in the aeroplane for, the operator;

                 if on the commencement of this instrument, the operator is required to comply with subsections 2 or 3 of the Civil Aviation Amendment Order (No. R48) 2004.

8          Exemption — subsections 2 or 3 of the Civil Aviation Amendment Order (No. R48) 2004

                 Each operator and each FCM mentioned in section 7, is exempt from compliance with the requirements of subsections 2 and 3 of the Civil Aviation Amendment Order (No. R48) 2004.

Note   The exemption does not apply to any helicopter operations, nor to subsection 1 of the Civil Aviation Amendment Order (No. R48) 2004 which is not for aerial application operations.

9          Condition for section 8

                 The exemption mentioned in section 8 is subject to the condition that the operator and the FCM must comply with the requirements of Subpart 137.Q of CASR to the extent that those requirements apply to the person.

Note   Regulation 137.300, in particular, deals with the FCM being fit for duty.