Commonwealth Numbered Regulations Commonwealth Numbered Regulations
Civil Aviation Regulations 1988
1 Subregulation 2(1) (definition of flight crew member )
Repeal the definition.
2 Subregulation 2(1) (definition of flight time )
Repeal the definition.
3 Before subregulation 135(1)
Insert:
(1A) This regulation does not apply to the operation of an aircraft if Part 129 of CASR applies to the operation of the aircraft.
Civil Aviation Safety Regulations 1998
4 Part 129
Repeal the Part, substitute:
Part 129 -- Foreign air transport operators--certification and operating requirements
Table of contents
Subpart 129.A--Foreign air transport operations--general
129.005 What Part 129 is about
129.020 Approvals by CASA for Part 129
129.025 Prescribed purpose--foreign air transport operations
129.030 Foreign air transport operations--foreign air transport AOC required
129.035 Foreign air transport operations--compliance with foreign air transport AOCs
129.040 Foreign air transport operations--compliance with conditions of foreign air transport AOCs
Subpart 129.B--Foreign air transport AOCs
129.045 Foreign air transport AOC--information and documents that may be required
129.050 Foreign air transport AOC--manner of giving CASA information etc.
129.055 Foreign air transport AOC--conditions for issue
129.060 Foreign air transport AOC--conditions
129.065 Foreign air transport AOC--requirement to give notice of certain events
Subpart 129.C--Foreign air transport operations--operating requirements
129.070 Foreign air transport operations--compliance with certain Part 91 provisions
129.075 Foreign air transport operations--compliance with Annex 6
129.080 Foreign air transport operations--common language for crew
129.085 Foreign air transport operations--flights to be in accordance with IFR or approval
129.090 Foreign air transport operations--flight crew licences
129.095 Foreign air transport operations--air displays
129.100 Foreign air transport operations--low-visibility operations
129.105 Foreign air transport operations--flying in formation
129.110 Foreign air transport operations--simulated IMC prohibited
129.115 Foreign air transport operations--simulated emergency and abnormal procedures prohibited
129.120 Foreign air transport operations--aerobatic manoeuvres prohibited
129.125 Foreign air transport operations--maximum period for use of Australian aircraft in Australian territory
Subpart 129.M--Foreign air transport operations--airworthiness
129.200 Foreign air transport operations--certificates of airworthiness
129.205 Foreign air transport operations--continuing airworthiness
Subpart 129.N--Foreign air transport operations--flight crew
129.250 Foreign air transport operations--flight crew experience for aircraft covered by overseas rating
129.255 Foreign air transport operations--co-pilot
Subpart 129.A -- Foreign air transport operations--general
129.005 What Part 129 is about
This Part makes provision for:
(a) applicants for, and holders of, AOCs that authorise the operation of aircraft for foreign air transport operations; and
(b) operating requirements for aircraft engaged in foreign air transport operations.
Note 1: Part 92 (Consignment and carriage of dangerous goods by air) applies to all foreign aircraft (other than state aircraft) operating in Australian territory: see paragraph 92.005(1)(b).
Note 2: See also Division 2 of Part III of the Act in relation to AOCs generally.
129.020 Approvals by CASA for Part 129
(1) If a provision of this Part refers to a person holding an approval under this regulation, the person may apply to CASA, in writing, for the approval.
(2) Subject to regulation 11.055, CASA must grant the approval.
(3) Subregulation 11.055(1B) applies to the granting of an approval under this regulation.
129.025 Prescribed purpose--foreign air transport operations
For subsection 27(9) of the Act, the flying or operation of any aircraft for a foreign air transport operation is a prescribed purpose.
129.030 Foreign air transport operations--foreign air transport AOC required
(1) A person contravenes this subregulation if:
(a) the person conducts a foreign air transport operation; and
(b) the person does not hold a foreign air transport AOC that authorises the person to conduct the foreign air transport operation.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
129.035 Foreign air transport operations--compliance with foreign air transport AOCs
(1) A person contravenes this subregulation if:
(a) the person conducts a foreign air transport operation; and
(b) the person:
(i) holds a foreign air transport AOC that authorises the person to conduct the foreign air transport operation; but
(ii) conducts the operation in a way that contravenes the AOC.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
129.040 Foreign air transport operations--compliance with conditions of foreign air transport AOCs
(1) A foreign air transport operator contravenes this subregulation if the operator does not comply with a condition of its foreign air transport AOC.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Subpart 129.B -- Foreign air transport AOCs
129.045 Foreign air transport AOC--information and documents that may be required
For subparagraph 27AC(1)(c)(iii) of the Act, the information and documents that CASA may require from a foreign operator who is an applicant for a foreign air transport AOC are the following:
(a) any business name, other than the name stated in the operator's foreign certificate, under which the operator may operate;
(b) the operator's contact details in the country that issued the foreign certificate, including its mailing address;
(c) the operator's contact details in Australia, including its mailing address;
(d) the aircraft types that the operator proposes to use;
(e) the registration and serial numbers of each aircraft that the operator proposes to use;
(f) a minimum equipment list, or equivalent document, for each aircraft that the operator proposes to use;
(g) the aerodromes, areas of operation and routes that the operator proposes to use;
(h) if the operator is not an individual--the operator's certificate of incorporation or registration as a body corporate, or equivalent document;
(i) any of the following manuals or equivalent documents:
(i) the operator's continuing airworthiness management manual;
(ii) the operator's operations manual;
(iii) the operator's training and checking manual;
(iv) the operator's dangerous goods manual.
Note: Under other provisions of section 27AC, and also section 27AE, of the Act, CASA may request other information and documents from an applicant for a foreign air transport AOC.
129.050 Foreign air transport AOC--manner of giving CASA information etc.
If, under section 27AB, 27AC or 27AE of the Act, an applicant for a foreign air transport AOC is required to lodge, or give CASA, a manual, information or a document, the operator must lodge, or give CASA, the manual, information or document in English.
129.055 Foreign air transport AOC--conditions for issue
(1) It is a condition for the issue of a foreign air transport AOC to a foreign operator that CASA is satisfied of the following:
(a) the operator holds a foreign certificate that authorises the operator to conduct each operation covered by the application;
(b) the national aviation authority that issued the foreign certificate meets the requirement mentioned in subregulation (2);
(c) for each aircraft to be operated under the AOC, the operator holds a certificate of airworthiness issued in accordance with Annex 8, Airworthiness of Aircraft , to the Chicago Convention;
(d) for each foreign registered aircraft to be operated under the AOC, the operator will ensure the continuing airworthiness of the aircraft in accordance with the standards set out in the relevant Part of Annex 6, Operation of Aircraft , to the Chicago Convention;
(e) for each registered aircraft to be operated under the AOC, the operator will ensure the continuing airworthiness of the aircraft in accordance with the requirements of these Regulations that apply to the aircraft;
(f) the operator has a safety management system that meets the standards set out in Annex 19, Safety Management , to the Chicago Convention.
Note: These matters are in addition to the matters specified in section 28 (CASA must issue AOC if satisfied about certain matters) of the Act.
(2) For paragraph (1)(b), the requirement is that:
(a) the authority is the national aviation authority of a Contracting State and carries out its functions in respect of foreign air transport operations in accordance with the Chicago Convention; or
(b) the authority is not the national aviation authority of a Contracting State but carries out functions that are at least equivalent to the functions mentioned in paragraph (a).
129.060 Foreign air transport AOC--conditions
For paragraph 28BA(1)(b) of the Act, each of the following is a condition of a foreign air transport AOC issued to an operator:
(a) the operator must conduct the operations authorised by the AOC:
(i) using only the aircraft types that are authorised for use by the AOC; and
(ii) if the AOC limits the operations to particular aircraft--using only those aircraft; and
(iii) using only the aerodromes, areas of operation and routes authorised by the AOC;
(b) the operator must not use an aircraft to conduct a low-visibility operation or a land and hold short operation in Australian territory unless the AOC authorises the use of the aircraft for the operation;
(c) the operator must not conduct an operation authorised by the AOC unless the operation is also authorised by:
(i) the operator's foreign certificate and the operations specifications issued in relation to the foreign certificate; or
(ii) an operational authorisation mentioned in paragraph 27AE(1)(c) of the Act that applies to the operation;
(d) the operator must not conduct an operation authorised by the AOC in contravention of any of the following that applies to the operation:
(i) a limitation or condition mentioned in paragraph 27AE(1)(b) of the Act;
(ii) a requirement mentioned in paragraph 27AE(1)(c) of the Act;
(e) for each foreign registered aircraft to be operated under the AOC, the operator must ensure the continuing airworthiness of the aircraft in accordance with the standards set out in the relevant Part of Annex 6, Operation of Aircraft , to the Chicago Convention;
(f) for each registered aircraft to be operated under the AOC, the operator must ensure the continuing airworthiness of the aircraft in accordance with the requirements of these Regulations that apply to the aircraft;
(g) the operator must have a safety management system that meets the standards set out in Annex 19, Safety Management , to the Chicago Convention.
129.065 Foreign air transport AOC--requirement to give notice of certain events
(1) This regulation applies to a foreign air transport operator if an event mentioned in subregulation (2) happens in relation to:
(a) the operator's foreign certificate; or
(b) an operations specification issued in relation to the certificate; or
(c) an operational authorisation mentioned in paragraph 27AE(1)(c) of the Act that applies to an operation conducted under the operator's foreign certificate.
(2) For subregulation (1), the events are the following:
(a) the foreign certificate, operations specification or operational authorisation expires and is not renewed;
(b) the operator is notified by the national aviation authority that issued the certificate, specification or authorisation that action may be taken to vary, suspend or cancel the certificate, specification or authorisation;
(c) the certificate, specification or authorisation is varied, suspended or cancelled;
(d) a new operations specification or operational authorisation that applies to an operation conducted under the operator's foreign certificate is issued to the operator.
(3) The foreign air transport operator contravenes this subregulation if the operator does not tell CASA, in writing, that the event has happened within 7 days after the day the event happens.
(4) A person commits an offence of strict liability if the person contravenes subregulation (3).
Penalty: 50 penalty units.
Subpart 129.C -- Foreign air transport operations--operating requirements
129.070 Foreign air transport operations--compliance with certain Part 91 provisions
Note: This regulation is reserved for future use.
129.075 Foreign air transport operations--compliance with Annex 6
Aeroplanes
(1) The operator of an aeroplane contravenes this subregulation if:
(a) the operator operates the aeroplane for a foreign air transport operation; and
(b) the operation is conducted in a way that contravenes a standard set out in Part I of Annex 6, Operation of Aircraft , to the Chicago Convention.
Helicopters
(2) The operator of a helicopter contravenes this subregulation if:
(a) the operator operates the helicopter for a foreign air transport operation; and
(b) the operation is conducted in a way that contravenes a standard set out in Part III of Annex 6, Operation of Aircraft , to the Chicago Convention.
Compliance with more stringent requirements under this Part
(3) To avoid doubt, if a provision of this Part imposes a more stringent requirement than the comparable requirement of a standard mentioned in paragraph (1)(b) or (2)(b), the operator must comply with the more stringent requirement.
Offence
(4) A person commits an offence if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.
129.080 Foreign air transport operations--common language for crew
(1) The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if all crew members for the flight are not able to communicate orally with each other in a common language.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
129.085 Foreign air transport operations--flights to be in accordance with IFR or approval
(1) The operator and the pilot in command of an aircraft engaged in a flight that is a foreign air transport operation each contravene this subregulation if the operation of the aircraft does not meet the requirement mentioned in subregulation (2).
(2) For subregulation (1), the requirement is that the aircraft must be operated in accordance with:
(a) the IFR; or
(b) an approval under regulation 129.020 held by the operator for the aircraft to be operated otherwise than in accordance with the IFR.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
129.090 Foreign air transport operations--flight crew licences
(1) The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if a flight crew member for the flight does not hold a licence (however described) that:
(a) authorises the flight crew member to carry out the duties assigned to the member for the flight by the operator; and
(b) is issued or authorised by the national aviation authority of the aircraft's State of registry.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
129.095 Foreign air transport operations--air displays
(1) The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if the aircraft is flown in an air display.
(2) The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if:
(a) the aircraft is flown below 1 000 ft AGL at an aerodrome at which an air display is being conducted; and
(b) the requirement mentioned in subregulation (3) is not met.
(3) For paragraph (2)(b), the requirement is that:
(a) the operator must hold an approval under regulation 129.020 for the aircraft to be flown below 1 000 ft AGL while the air display is being conducted; or
(b) the aircraft must be taking off or landing for a flight that is not part of the air display.
(4) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.
129.100 Foreign air transport operations--low-visibility operations
Note: This regulation is reserved for future use.
129.105 Foreign air transport operations--flying in formation
(1) The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if, during the flight:
(a) the aircraft is flown in formation; and
(b) the operator does not hold an approval under regulation 129.020 for the aircraft to be flown in formation during the flight.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
129.110 Foreign air transport operations--simulated IMC prohibited
(1) The pilot in command of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if IMC are simulated during the flight.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
129.115 Foreign air transport operations--simulated emergency and abnormal procedures prohibited
(1) The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if an emergency procedure is simulated during the flight.
(2) The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if an abnormal procedure is simulated during the flight.
(3) Subregulations (1) and (2) do not apply to a procedure that is simulated only orally.
(4) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matter in subregulation (3): see subsection 13.3(3) of the Criminal Code .
129.120 Foreign air transport operations--aerobatic manoeuvres prohibited
(1) The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if, during the flight, the aircraft is used to conduct an aerobatic manoeuvre.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
(1) A foreign air transport operator contravenes this subregulation if, within any 12 month period, the operator uses a particular Australian aircraft to conduct foreign air transport operations on a total number of days that is more than:
(a) 90; or
(b) if the operator holds an approval under regulation 129.020 for this regulation in relation to the aircraft--the number mentioned in the approval for the aircraft.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Subpart 129.M -- Foreign air transport operations--airworthiness
129.200 Foreign air transport operations--certificates of airworthiness
Aircraft must have certificate of airworthiness
(1) The operator of an aircraft contravenes this subregulation if:
(a) the aircraft begins a flight that is a foreign air transport operation; and
(b) the aircraft does not have a certificate of airworthiness (however described) that has been issued in accordance with Annex 8, Airworthiness of Aircraft , to the Chicago Convention.
Certificate of airworthiness must remain in force during flight
(2) The operator of an aircraft contravenes this subregulation if:
(a) the aircraft is engaged in a flight that is a foreign air transport operation; and
(b) the certificate of airworthiness (however described) for the aircraft ceases to be in force before the end of the flight.
Offence
(3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.
129.205 Foreign air transport operations--continuing airworthiness
(1) The operator of an aircraft contravenes this subregulation if:
(a) the aircraft begins a flight that is a foreign air transport operation; and
(b) if the aircraft is a foreign registered aircraft--the operator has not ensured the continuing airworthiness of the aircraft in accordance with the standards set out in the relevant Part of Annex 6, Operation of Aircraft , to the Chicago Convention; and
(c) if the aircraft is a registered aircraft--the operator has not ensured the continuing airworthiness of the aircraft in accordance with the requirements of these Regulations that apply to the aircraft.
(2) A person commits an offence if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Subpart 129.N -- Foreign air transport operations--flight crew
(1) The operator of an aircraft contravenes this subregulation if:
(a) the aircraft begins a flight that is a foreign air transport operation; and
(b) the aircraft is covered by a type rating under the law of the foreign country the national aviation authority of which issued the operator's foreign certificate; and
(c) none of the pilots occupying a pilot seat for the flight has the experience required by subregulation (2) in relation to aircraft covered by the type rating.
(2) For paragraph (1)(c), a pilot has the experience required in relation to aircraft covered by a type rating if:
(a) the pilot:
(i) holds an overseas rating issued under the law of the foreign country that covers the aircraft; or
(ii) has successfully completed a command course for an aircraft covered by the type rating; and
(b) the pilot has successfully completed, after the grant of the rating or completion of the course, the flying experience mentioned in subregulation (3).
(3) For paragraph (2)(b), the flying experience must be the more stringent of the following:
(a) the flying experience mentioned in subregulation (4);
(b) the flying experience (if any) required under the law of the foreign country.
(4) For paragraph (3)(a), the flying experience:
(a) must be the number of hours and sectors mentioned in subregulation (5) in that type of aircraft; and
(b) must be completed as part of line operations; and
(c) may include experience while the pilot is flying under supervision.
(5) For paragraph (4)(a), the number of hours and sectors is:
(a) either of the following:
(i) at least 100 hours and 10 sectors in a 120-day period;
(ii) at least 150 hours and 20 sectors; or
(b) if the aircraft operator by whom the pilot is employed holds an approval under regulation 129.020 for this paragraph that applies to the pilot--at least the applicable number of hours and sectors for the pilot stated in the approval.
(6) CASA may grant the approval mentioned in paragraph (5)(b) only if satisfied that there are special circumstances in relation to the operator's operation that justify the grant of the approval.
(7) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
129.255 Foreign air transport operations--co-pilot
(1) The operator of an aircraft contravenes this subregulation if:
(a) the aircraft begins a flight that is a foreign air transport operation; and
(b) the operator is not satisfied that the co-pilot could land the aircraft safely if the pilot in command is incapacitated.
(2) A person commits an offence if the person contravenes subregulation (1).
Penalty: 50 penalty units.
5 Subpart 202.FR
Repeal the Subpart, substitute:
(1) This regulation applies to an AOC if, immediately before 20 April 2016:
(a) the AOC authorised the flying or operation of an aircraft by a foreign operator for a purpose mentioned in paragraph 206(1)(b) or (c) of CAR (the old operation ); and
(b) the AOC was in force.
(2) While the AOC is in force, and subject to any changes to the AOC :
(a) the AOC is taken to authorise the flying or operation of the aircraft for a foreign air transport operation that is equivalent to the old operation; and
(b) subject to any changes to the conditions of the AOC, any conditions of the AOC that relate to the old operation are taken to apply to the foreign air transport operation.
(1) This regulation applies to an AOC if, immediately before 20 April 2016:
(a) the AOC authorised the flying or operation of an aircraft by a foreign operator for a purpose mentioned in paragraph 206(1)(b) or (c) of CAR (the old operation ); and
(b) the AOC was under suspension in relation to the old operation.
(2) If the suspension is lifted, then, while the AOC is in force, and subject to any changes to the AOC :
(a) the AOC is taken to authorise the flying or operation of the aircraft for a foreign air transport operation that is equivalent to the old operation; and
(b) subject to any changes to the conditions of the AOC, any conditions of the AOC that relate to the old operation are taken to apply to the foreign air transport operation.
(1) This regulation applies if, before 20 April 2016:
(a) a foreign operator applied for an AOC authorising the flying or operation of an aircraft for a purpose mentioned in paragraph 206(1)(b) or (c) of CAR (the proposed operation ); and
(b) the application had not been finally determined by CASA.
(2) The application is taken to be an application for an AOC for a foreign air transport operation that is equivalent to the proposed operation.
202.603 Repeal of Division 202.FR.1 at the start of 20 April 2018
This Division is repealed at the start of 20 April 2018.
6 Part 1 of the Dictionary
Insert:
"air display " means organised flying performed before a public gathering, including the following:
(a) a contest;
(b) an exhibition of aerobatic manoeuvres;
(c) flying in formation;
(d) other aircraft operations associated with the air display.
"air transport operation " : see clause 3 of Part 2 of this Dictionary.
"Australian operator " means an operator whose principal place of business, or whose place of permanent residence, is in Australian territory.
7 Part 1 of the Dictionary (definition of air transport operations )
Repeal the definition.
8 Part 1 of the Dictionary
Insert:
"flight crew member " means a crew member who is a pilot or flight engineer assigned to carry out duties essential to the operation of an aircraft during flight time.
"flight time " has the meaning given by regulation 61.010.
"foreign air transport AOC " means an AOC that authorises the operation of an aircraft for a foreign air transport operation.
"foreign air transport operation " :
(a) means an air transport operation that is conducted by a foreign operator using any aircraft for:
(i) a flight into or out of Australian territory; or
(ii) a flight wholly within Australia that is undertaken as part of a flight into or out of Australian territory; but
(b) does not include the following:
(i) the operation of an aeroplane or rotorcraft under a permission under section 25 (Non-scheduled flights by foreign registered aircraft) or section 27A (Permission for operation of foreign registered aircraft without AOC) of the Act;
(ii) an air transport operation authorised by a New Zealand AOC with ANZA privileges that is in force for Australia.
"foreign air transport operator " means a person who holds a foreign air transport AOC.
"foreign certificate " , for a foreign operator, means an air operator certificate issued by the national aviation authority of the foreign country in which the foreign operator has its principal place of business or place of permanent residence.
"foreign operator " means an operator that is not an Australian operator.
"land and hold short operation " means an operation in which the pilot in command of an aircraft:
(a) lands the aircraft on a runway; and
(b) stops the aircraft before an intersection with another runway; and
(c) does not proceed further until instructed to do so by air traffic control.
"low-visibility approach " means an approach using minima for a runway that are below the category I precision approach minima for the runway published in the AIP.
"low-visibility operation " means:
(a) a low-visibility take-off; or
(b) a low-visibility approach.
"low-visibility take-off " means a take-off with a runway visual range of less than 550 m.
"operations specifications " has the same meaning as in Chapter 1 of Part 1 of Annex 6, Operation of Aircraft , to the Chicago Convention.
"runway visual range " means the range, measured using an electronic instrument, over which the pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line.
"State of registry " , for a foreign registered aircraft, means the foreign country on whose register the aircraft is entered.
9 After clause 1 of Part 2 of the Dictionary
Insert:
3 Definition of air transport operation
(1) Air transport operation means a passenger transport operation, or a cargo transport operation, that:
(a) is conducted for hire or reward; or
(b) is prescribed by an instrument issued under regulation 201.025.
(2) However, an operation conducted for a purpose mentioned in paragraph 206(1)(a) of CAR is not an air transport operation .