Commonwealth Numbered Regulations - Explanatory Statements
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CIVIL AVIATION SAFETY AMENDMENT (FLIGHT CREW LICENSING AND OTHER MEASURES) REGULATIONS 2017 (F2017L00697)
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