Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION AMENDMENT REGULATIONS 2000 (NO. 8) 2000 NO. 295

Statutory Rules 2000 No. 295

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

Civil Aviation Act 1988

Civil Aviation Amendment Regulations 2000 (No. 8)

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 conducting safety regulation of civil air operations by means that include developing and promulgating appropriate, clear and concise safety standards and issuing certificates, licences, registrations and permits.

With the exception of cross-country flying training, regulation 141 of the Civil Aviation Regulations 1988 (CAR 1988) currently requires all flying training outside the traffic pattern or a 10 nautical mile radius of an aerodrome to be conducted in a designated 'flying training area'. Regulation 2 of CAR 1988 defines a 'flying training area' and requires it to be designated by Airservices Australia (AA).

Regulation 2.09 of the Air Service Regulations 1995 provides for Airservices Australia (AA) to designate an area as a flying training area. However, no flying training areas have ever been designated and neither CASA nor AA have seen any safety requirement to do so. As a consequence, all flying training currently conducted in such areas is technically being performed illegally. This has obvious legal ramifications for both the aviation industry and CASA as well as implications for insurance coverage.

These Regulations remove the requirement for flying training to be carried out, inter alia, in designated flying training areas, and simplifies the definition of a flying training area. The amending regulations also clarify the fact that training conducted under the auspices of an airline check and training organisation, does not have to be conducted in a flying training area.

Details of the amending Regulations are attached.

The Regulations commence on gazettal.

ATTACHMENT

Civil Aviation Amendment Regulations 2000 (No. 8)

DETAILS OF THE AMENDING REGULATIONS

Regulation 1 - Name of Regulations

Regulation 1 sets out the name of regulations as the Civil Aviation Amendment Regulations 2000 (No. 8)

Regulation 2 - Commencement

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 - Amendment of Civil Aviation

Regulations 1988 Regulation 3 provides that Schedule 1 amends the Civil Aviation Regulations 1988.

SCHEDULE 1 -Amendments

Item 1 - Subregulation 2 (1), definition of flying training area

Item 1 amends subregulation 2(1) by deleting the existing subregulation 2(1)(b) that requires a flying training area to be designated by Airservices Australia under regulation 2.09 of the Air Services Regulations 1995, and substituting a new definition for flying training area.

Item 2 - Regulation 141

Item 2 amends regulation 141 by deleting the existing subregulation 141(3)(a) that refers to designated flying training areas and calls for all training to be conducted within specified areas. Regulation 141 (1) has been retained but expanded to deal specifically with low flying and acrobatics in flying training areas and existing paragraph (3) (b) has been renumbered to subregulation (2).