Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION AMENDMENT REGULATIONS 2000 (NO. 10) 2000 NO. 362

Statutory Rules 2000 No. 362

Issued by the Authority of the Minister for Transport and Regional Services

Civil Aviation Act 1988

Civil Aviation Amendment Regulations 2000 (No. 10)

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.

Subsection 9 (1) of the Act specifies that the Civil Aviation Safety Authority (CASA) has the function of, among other things, conducting safety regulation of civil air operations by means that include developing and promulgating appropriate, clear and concise safety standards.

New Civil Aviation Regulations 5.2613 to 5.26L (ACAS Training) were gazetted on Wednesday 13 September 2000 which require all Australian-licensed pilots who will command aircraft fitted with active Airborne Collision Avoidance System (ACAS) to be certified as being qualified to use the equipment, from 1 January 2001. The ACAS certification is required to be entered into a pilot's log book on completion of the required training.

Concerns have been expressed by Qantas and Ansett airlines, regarding the short timeframe remaining in which to ensure that all their crews are ACAS-qualified in accordance with these regulations. Under CAR 217 (2) checks are conducted at intervals of not less than four months. The Regulations therefore defer the compliance date by four months from 1 January 2001 to 1 May 2001.

The requirement for an individual log book endorsement has also created an administrative difficulty for the major airlines because the records of training are normally entered into the airline training database by administrative staff rather than into an individual pilot's log book by the instructing staff. CASA examined this issue to determine if alleviation from the log book requirement could be given and decided that a log book endorsement was not strictly necessary for pilots who are participating in an approved cyclic simulator training program that is part of the tests and checks that are subject to CASA's approval under CAR 217 (3). Such pilots are taken to have met the requirements by their participation in the approved training program.

These Regulations:

*       Amend the compliance date which requires all Australian-licensed pilots who will command aircraft fitted with active Airborne Collision Avoidance System (ACAS) to be certified as being qualified to use the equipment, by four months from 1 January 2001 to 1 May 2001.

*       Remove the requirement for an ACAS certification to be entered in the log book of pilots who are participating in an approved cyclic simulator training program that is part of the tests and checks that are subject to CASA's approval under CAR 217 (3).

*       Rearrange the material in the sub-regulations to clarify the intent.

Details of the amending Regulations are attached.

The Regulations commence on gazettal.

ATTACHMENT

Civil Aviation Amendment Regulations 2000 (No. 10)

DETAILS OF THE AMENDING REGULATIONS

Regulation 1

Regulation 1 sets out the name of the regulations as the Civil Aviation Amendment Regulations 2000 (No. 10).

Regulation 2

Regulation 2 provides that these Regulations commence on gazettal.

Regulation 3

Regulation 3 provides that the Civil Aviation Regulations 1988 are amended as set out in Schedule 1.

Schedule 1 -Amendments

Item 1 - Regulation 5.26B

Item 1 removes the references to regulations '5.26D, 5.26F, 5.26H, 5.26J and 5.26L' and inserts reference to 'this regulation and regulations 5.26F, 5.26G, 5.26GA, 5.26H and 5.26X as a result of amendments to the regulations.

Item 2 - Regulation 5.26B, definition of ACAS-current

Item 2 removes the reference to regulation 5.26D, which is now deleted, and replaces it with reference to new regulations 5.26G and 5.26GA relating to ACAS currency and participants and non-participants in ACAS cyclic training.

Item 3 - Regulation 6.26B, after definition of ACAS-current

Item 3 inserts a new definition for ACAS cyclic training as that training which is conducted in accordance with an ACAS syllabus by an approved training and checking organisation and that training which is part of tests and checks that are subject to CASA's approval under subregulation 217(3) of the Civil Aviation Regulations 1988.

Item 4 - Regulation 5.26B, definitions of ACAS initial training and ACAS renewal training

Item 4 inserts words to exclude ACAS cyclic training from the descriptions of ACAS initial training and ACAS renewal training.

Item 5 - Regulation 5.26B, after definition ACAS syllabus

Item 5 inserts new definitions covering 'approved training and checking organisation', 'check pilot' and 'participant' to compliment, where used, these descriptions in the other ACAS related regulations.

Item 6 - Regulation 5.26D

Item 6 removes regulation 5.26D which provided meanings for ACAS-current and ACAS training and now replaces it with new regulations 5.26G and 5.26GA to define the meaning of ACAS-current as it applies to participants and non-participants in ACAS cyclic training.

Item 7 - Subregulation 5.26F(1)

Item 7 replaces the compliance date for pilots ACAS currency requirements from January 2001 to May 2001.

Item 8 - After regulation 5.26F

Item 8 inserts a new regulation 5.26G which provides for a pilot who is a participant in ACAS cyclic training to be considered as ACAS-current.

Item 8 also inserts a new regulation 5.26GA which provides for pilots who have not participated in ACAS cyclic training as being considered acceptable as ACAS current for 12 months from the time when the pilot completes ACAS initial training or ACAS renewal training.

Item 9 - Regulation 5.26H, heading

Item 9 amends the regulation heading from 'ACAS initial training' to 'Completion of ACAS initial training' to accurately reflect the content of the regulation.

Item 10 - Subregulation 5.26H(2)

Item 10 replaces the existing subregulation 5.26H(2) with a new provision which recognises that a pilot who ceases to participate in cyclic ACAS training is taken to have completed ACAS initial training when the pilot first completed the initial training as required by the ACAS syllabus.

Item 10 also amends the compliance date from January 2000 to May 2000 with respect to transition arrangements for pilots who have completed ACAS renewal training before that date.

Item 11 - Regulation 5.26J, heading

Item 11 amends the regulation heading from 'Renewal of ACAS-currency' to 'Completion of ACAS renewal training' to accurately reflect the content of the regulation.

Item 12 - Paragraph 5.25J (1) (a)

Item 12 omits the word 'successfully' as it is considered unnecessary and superfluous in the context as used in the regulation.

Item 13 - After subregulation 5.26J (2)

Item 13 inserts a new subregulation (3) which provides for a check pilot to be considered as having completed ACAS renewal training when the pilot conducts ACAS cyclic training.

Item 13 also inserts a new subregulation (4) to provide for a pilot who ceases to participate in an ACAS cyclic training program to be taken to have completed ACAS renewal training when the pilot has last completed successfully any ACAS cyclic training.

Item 14 - Regulation 5.26L

Item 14 removes regulation 5.26L which provided meanings for ACAS cyclic training, approved training and checking organisation and check pilot which are now defined in regulation 5.26B.

Item 15 - Regulation 262AC, note

Item 15 amends the note that stated that only ACAS-current pilots may only act as pilot in command of an ACAS 11 equipped aircraft on or after 1 January 2001 by extending the requirement to 1 May 2001.

Item 16 - Regulation 262AC, note

Item 16 amends the note by replacing the reference to 5.26L, which is now deleted, with a reference to regulation 5.26J.