Civil Aviation Order 82.1 (as amended)

made under paragraph 28BA (1) (b) and subsection 98 (4A) of the Civil Aviation Act 1988.

This compilation was prepared on 2 December 2021 taking into account amendments up to Civil Aviation Order (Flight Operations) Repeal and Amendment Instrument 2021 (No. 1). It is a compilation of Civil Aviation Order 82.1 (Conditions on Air Operators’ Certificates authorising commercial glider passenger operations) as amended and in force on 2 December 2021.

Prepared by the Advisory and Drafting Branch, Legal, International and Regulatory Affairs Division, Civil Aviation Safety Authority, Canberra.

Compilation No. 14.

Contents

Section 82.1 (Conditions on Air Operators’ Certificates authorising commercial glider passenger operations)

Page

1...Application of conditions....................................................

1A..Definition...............................................................

2...Obligations in relation to organisation and facilities.................................

2A..Loading................................................................

6...Obligations in relation to operating different aircraft models...........................

7...Obligations in relation to AOC Holder’s Safety Questionnaire..........................

 Appendix 1..............................................................

....Notes to Civil Aviation Order 82.1..............................................

Section 82.1

Conditions on Air Operators’ Certificates authorising commercial glider passenger operations

1 Application of conditions

 1.1This section applies to certificates authorising the operation of a glider for the purpose prescribed by paragraph 206 (c) of CAR.

 1.2For the purposes of paragraph 28BA (1) (b) of the Act, each certificate authorising the operation of a glider for the purpose prescribed by paragraph 206 (c) of CAR is subject to the condition that the obligations set out in this section are complied with.

 1.3The condition and obligations set out in this section are in addition to the conditions set out in section 82.0.

1A Definition

 1A.1In this section:

approved loading system means a system prepared by an operator in accordance with the requirements of Civil Aviation Order 100.7, and approved by CASA or the holder of an appropriate and valid Weight Control Authority for ensuring that an aircraft is loaded within approved limits at all times during flight.

2 Obligations in relation to organisation and facilities

 2.1Each operator must provide sufficient qualified personnel to operate the services proposed by the operator.

 2.2Each operator must establish a position of Chief Pilot and appoint a person to that position.

 2.3CASA may, having regard to the size of the organisation or the nature and scope of services of an operator:

(a) require the operator to provide additional supervisory positions; or

(b) approve the allocation of the duties and responsibilities associated with more than 1 position to 1 person.

 2.4Each operator must provide and maintain facilities and documentation sufficient to enable the operator to conduct services with safety and in compliance with Appendix 1. The scale of the facilities and documentation required of each operator may vary according to the size and scope of the operation.

 2.4AEach operator must provide an operations manual for the use and guidance of the operations personnel of the operator.

Note   Before 2 December 2021, this requirement was in subregulation 215 (1) of CAR.

 2.4BEach operator must ensure that the operations manual contains such information, procedures and instructions with respect to the flight operations of all types of aircraft operated by the operator as are necessary to ensure the safe conduct of the flight operations (other than information, procedures or instructions that are set out in other documents required to be carried in the aircraft under CAR and CASR).

Note   Before 2 December 2021, this requirement was in subregulation 215 (2) of CAR.

 2.4CEach operator must revise the operations manual from time to time where necessary as the result of changes in the operator’s operations, aircraft or equipment, or in the light of experience.

Note   Before 2 December 2021, this requirement was in subregulation 215 (5) of CAR.

 2.4DEach operator must ensure that all amendments to the operations manual are incorporated in all copies of the operations manual kept within the operator’s organisation and that copies of those amendments are forwarded to all persons to whom copies of the operations manual have been provided in accordance with paragraph 2.5.

Note   Before 2 December 2021, this requirement was in subregulation 215 (8) of CAR.

 2.4EFor regulation 11.245 of CASR, each member of the operations personnel of the operator must comply with all instructions contained in the operations manual insofar as they relate to the member’s duties or activities.

Note   Before 2 December 2021, this requirement was in subregulation 215 (9) of CAR.

 2.4FThe direction in paragraph 2.4E ceases to be in force at the end of 1 December 2031.

 2.5Each operator must include in the operator’s operations manual so much of the information set out in CASA’s publication ‘Guide to the preparation of Operations Manuals’ that is relevant to the operator’s operations and must provide copies of the manual to all operating crew members employed by the operator.

2A Loading

 2A.1Where an aircraft has an approved loading system, the operator and the pilot in command must ensure that the aircraft is loaded at all times in accordance with that system.

Note 1   Before 2 December 2021, this requirement was in subsection 3 of Civil Aviation Order 20.16.1.

Note 2   Civil Aviation Order 100.7 requires all aircraft, except balloons, to have a loading system unless it can be shown that the aircraft cannot possibly be loaded so that its centre of the gravity falls outside the approved range, observing all limitations on compartment loads.

Note 3   Some acceptable types of loading systems are given in the CASA publication titled Weight Control of Aircraft. Where the necessary limitations can be presented in placard form, such placards prominently displayed in the aircraft may be an acceptable type of loading system.

 2A.2When passengers are carried, the operator or the operator’s representative must compile a passenger list and leave it for retention at the aerodrome of departure. The list must contain the aircraft registration, the names of passengers carried, the date and estimated time of departure, and the places of embarkation and destination.

Note   Before 2 December 2021, this requirement was in subsection 7 of Civil Aviation Order 20.16.1.

6 Obligations in relation to operating different aircraft models

 6.1This subsection applies to each operator who holds a certificate authorising operations in an aircraft identified in the certificate by:

(a) manufacturer and type only; or

(b) aircraft class only.

 6.2The operator must ensure that:

(a) the operations manual contains current and appropriate operating information, procedures and instructions (the specific instructions) for each aircraft type and model operated; and

(b) before a pilot operates an aircraft, the chief pilot is satisfied that the pilot:

 (i) is competent to operate the aircraft in accordance with the specific instructions for the aircraft type and model; and

 (ii) understands the differences in each model of the aircraft type operated by the operator; and

(c) the operations manual, the maintenance control manual or other airworthiness control document contains appropriate maintenance control instructions for each aircraft type and model operated.

 6.3A current pilot operating handbook (POH) or aircraft flight manual (AFM) for the aircraft type and model when attached to the operations manual is taken to contain the specific instructions.

 6.4However, if the specific instructions in the POH or AFM do not contain instructions to ensure compliance with the Australian legislative requirements for operations of the aircraft type and model, these instructions must be stated in the operations manual.

 6.5In this subsection:

appropriate means sufficiently detailed to enable the safe operation of the aircraft type and model in accordance with the Australian legislative requirements.

Australian legislative requirements means the requirements of the Civil Aviation Regulations 1988, the Civil Aviation Safety Regulations 1998 and the Civil Aviation Orders.

7 Obligations in relation to AOC Holder’s Safety Questionnaire

 7.1CASA may in writing or by electronic means or by facsimile ask an AOC holder to complete an AOC Holder’s Safety Questionnaire (AHSQ) by accurately answering all questions in the AHSQ.

 7.2Each AOC holder must:

(a) comply with the request; and

(b) ensure that the AHSQ is completed and submitted not later than 28 days after being asked by CASA.

 7.3An AOC holder may before the end of the 28 day period apply in writing to CASA for an extension.

 7.4CASA may grant the extension subject to conditions.

Appendix 1

 Paragraph 2.4

 Facilities and documentation

 1 Facilities

 1.1 Each operator must provide and maintain at least the following facilities:

(a) an operating headquarters through which CASA may communicate with the person or persons responsible for any aspect of the operations conducted under the terms of the operator’s certificate;

(b) buildings, at each place where operating crew are based, of adequate size and suitable for the conduct of the operator’s operations.

 2 Documentation

 2.1 Each operator must provide a reference library of operational documents which is readily available to all operating crews and which includes:

(a) a copy of the Act, the Civil Aviation Regulations 1988, the Civil Aviation Safety Regulations 1998 and those Parts of the Civil Aviation Orders and Manuals of Standards that apply to the operator’s operations; and

(b) those parts of the Aeronautical Information Publications that are relevant to the class of operations conducted by the operator; and

(c) an operations manual; and

(d) if the carriage of dangerous goods is intended — a dangerous goods manual or an operations manual supplement.

 2.2 Each operator who distributes operational documents to flight crews and other operating staff must maintain records of that distribution and must provide an amendment system for such documents.

 2.3 Each operator must maintain:

(a) up-to-date records showing the recent experience status of each flight crew member and the currency of licences, ratings and endorsements held by each member; and

(b) up-to-date records showing the flight time and duty time achieved by each flight crew member during the immediately preceding 7 consecutive days, 30 consecutive days and 365 days and during each fortnight standing alone for the preceding 12 months.

 2.4 Each operator must maintain a training file in respect of each flight crew member, recording at least:

(a) each ground training course completed or attempted, including the results for each phase or subject and the final assessment of the standard achieved; and

(b) each endorsement training course completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each test or check; and

(c) each flight or simulator proficiency check completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each check; and

(d) each period of training, other than training referred to in paragraph (a), (b) or (c), undertaken in an aircraft or simulator, including the exercises completed or attempted, and an assessment of the standard achieved.

 2.5 Each operator must provide the following documentation:

(a) copies of expired maintenance releases and approved trip records for all aircraft covering the immediately preceding 12 months of operation, where applicable;

(c) copies of passenger lists as required by paragraph 2A.2 for the immediately preceding 3 months of operations;

(g) for a leased aircraft — details of the lease conditions to enable CASA to:

 (i) assess the arrangements for operational control of the aircraft; and

 (ii) assess the arrangements for the maintenance of the aircraft; and

 (iii) ensure that the aircraft meets airworthiness requirements.

Notes to Civil Aviation Order 82.1

Note 1

The Civil Aviation Order (in force under the Civil Aviation Act 1988) as shown in this compilation comprises Civil Aviation Order 82.1 amended as indicated in the Tables below.

Table of Orders