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CIVIL AVIATION REGULATIONS (AMENDMENT) 1992 NO. 279
EXPLANATORY STATEMENTStatutory Rules 1992 No. 279
(Issued by the authority of the Minister for Shipping and Aviation Support)
Civil Aviation Act 1988
Civil Aviation Regulations (Amendment)
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. Paragraph 98(3)(c) of the Act provides that, inter alia, subsection (1) includes the power to make regulations requiring persons performing specified functions in relation to the operation of aircraft to be the holders of licences, permits or certificates of specified kinds and providing for the grant, issue, cancellation, suspension or variation of such licences, permits and certificates.
Subsection 20AB(1) of the Act provides that a person must not perform any duty that is essential to the operation of an Australian aircraft during flight time unless the person holds an authorisation (however called) given under the Civil Aviation Regulations (the Regulations) that authorises him or her to perform the duty, or the person is authorised by or under the Regulations to perform the duty without holding the authorisation.,
Background
The Regulations amend the Civil Aviation Regulations (the Principal Regulations) in order to update Australia's requirements relating to the qualifications held by persons who perform functions in relation to the operation of Australian aircraft. These persons are known as flight crew members.
The prime objective of the Regulations is to bring the Australian flight crew licensing requirements into greater alignment with internationally accepted requirements.
The existing flight crew qualification requirements are set out in Part V and Part VI of the Principal Regulations and in the Civil Aviation Orders. The Civil Aviation Authority (the Authority) has decided to eliminate the Civil Aviation Orders and set out the necessary regulatory requirements in the Principal Regulations. This ensures that the new requirements are soundly based in law and are readily accessible to the public.
In accordance with this decision, the Regulations set out all the requirements that are necessary for the issue and use of flight crew licences and medical certificates. However, requirements relating to flight crew ratings and aircraft endorsements will, for the time being, continue to be set out in Civil Aviation Orders. The Authority proposes to review these requirements and incorporate them into the Principal Regulations as the next step. in the restructuring of the Principal Regulations.
Outline of Proposed Regulations
The Regulations replace Part V and Part VI with new Part 5 (Qualifications of Flight Crew) and new Part 6 (Medical).
New Part 5 deals with flight crew licences, flight crew ratings and aircraft endorsements. The Part establishes licences for pilots, flight engineers and radio operators. The Part provides for 4 levels of pilot licences for aeroplanes and helicopters. This brings the Australian licence levels into line with the levels determined by the International Civil Aviation Organisation and used by other leading aviation countries.
In addition to Divisions setting out definitions and matters of general application to all flight crew licences, new Part 5 proceeds on a "recipe book" approach - each licence is dealt with in a separate Division that sets out the requirements to qualify for the licence, the authority given by the licence and the limitations on that authority. This approach clarifies the flight crew licensing scheme by presenting all information about a particular licence in a discrete Division of Part 5. This will make it easier for the industry to use the Principal Regulations by making clear precisely what the requirements are for each licence and by removing the need to read the requirements for all licences if only one or two licences are relevant.
New Part 6 provides for the issue, suspension and cancellation of medical certificates and sets out the obligations of the holders of medical certificates. These matters were previously included in Part V. A separate Part for medical certificates has been established to further clarify the flight crew licensing scheme.
The new Parts are decimal numbered for ease of reference.
Additional matters
In addition, the proposed Regulations:
• provide a clear legislative basis for the Authority to issue Civil Aviation Orders dealing with flight crew ratings and aircraft endorsements;
• set out the requirements for flight test results to be reported to the Authority;
• set out the requirements for flight crew licence holders to keep personal log books;
• provide for appeals to the Administrative Appeals Tribunal in relation to various decisions made under the proposed Regulations;
• contain provisions to make consequential amendments of the Principal Regulations; and
• contain necessary transitional and savings provisions.
Details of the Regulations are attached.
The Regulations will come into operation on 1 December 1992.
Attachment
DETAILS OF REGULATIONS
Part 1 - Amendment
Regulation 1
This regulation provides that the Regulations commence on 1 December 1992.
Regulation 2
This regulation provides that the Civil Aviation Regulations (the Principal Regulations) are amended as set out in the Regulations.
Regulation 3
This regulation amends regulation 2 of the Principal Regulations by inserting into that regulation various definitions that are required for the purposes of the Regulations.
Regulation 4
This regulation amends regulation 7 of the Principal Regulations by inserting into that regulation a new subregulation (2) that makes it clear that a delegation under subregulation (1) may be made subject to conditions.
Regulation 5
This regulation omits Part V of the Principal Regulations and inserts a new Part 5. This Part contains the new flight crew licensing requirements.
Division 1 (Interpretation) of new Part 5 contains new regulation 5.01. This regulation sets out various definitions and interpretation provisions that are required for the purposes of the new Part. The definitions are largely concerned with describing different kinds of aircraft. While the definitions are accurate in so far as the defined terms are used in relation to flight crew qualifications, they are not necessarily correct when the terms are used for other purposes. For this reason these terms are defined for Part 5 only. Similarly, the interpretation provisions apply only to the new Part.
Division 2 (General) of new Part 5 contains new regulations 5.02 to 5.60 inclusive. These regulations provide for the issue of flight crew qualifications (other than special pilot licences which are issued under Division 17) and set out matters of general application to the qualifications.
Regulation 5.02 sets out the effect of the Division.
Regulation 5.03 sets out the circumstances in which a person may perform a duty essential to the operation of an Australian aircraft without holding a flight crew qualification.
Regulation 5.04 prohibits the holder of a flight crow licence from performing a duty essential to the operation of an Australian aircraft without holding an appropriate Australian medical certificate unless the Authority has given the person permission to do so.
Regulation 5.05 prohibits the holder of a certificate of validation for an overseas licence from performing a duty essential to the operation of an Australian aircraft without holding a medical certificate issued by the overseas authority that issued the licence.
Regulation 5.06 prohibits the holder of a special pilot licence from performing a duty essential to the operation of an Australian aircraft without holding either an Australian medical certificate or a medical certificate issued by the overseas authority that issued the overseas licence that the person used to qualify for the special pilot licence.
Regulation 5.07 prohibits a person from undertaking flight tests and assessments if he or she does not hold a flight crew qualification or an Australian medical certificate. The regulation also prohibits the conduct of a flight test or assessment of such a person.
Regulation 5.08 sets out the kinds of flight crew licences for which a person may apply. The authority given by each kind of licence and the limitations on that authority are set out in the Division of Part 5 that deals with that licence.
Regulation 5.09 provides for the issue of flight crew licences by the Authority. A licence must be issued to a person if, amongst other things, the person is qualified to hold the licence. Qualifications for each licence are set out in the Division of Part 5 that deals with that licence. A decision by the Authority not to issue a licence is reviewable by the Administrative Appeals Tribunal under section 31 of the Civil Aviation Act 1988.
Regulation 5.10 requires the Authority to give notice of its decision in relation to an application for a flight crew licence.
Regulation 5.11 empowers the Authority to issue a flight crew licence subject to conditions and creates an offence in relation to breach of a condition.
Regulation 5.12 provides for the duration of flight crew licences.
Regulation 5.13 sets out the kinds of flight crew ratings for which a person may apply.
Regulation 5.14 empowers the Authority to make Civil Aviation Orders setting out the requirements to qualify for flight crew ratings and provides for the Authority to issue them. A decision by the Authority not to issue a rating is reviewable by the Administrative Appeals Tribunal because of regulation 30 which amends regulation 297A of the Principal Regulations.
Regulation 5.15 requires the Authority to give notice of its decision in relation to an application for a flight crew rating.
Regulation 5.16 empowers the Authority to issue a flight crew rating subject to conditions and creates an offence in relation to breach of a condition.
Regulation 5.17 provides for the duration of flight crew ratings.
Regulation 5.18 empowers the Authority to make Civil Aviation Orders in relation to the authority given by a flight crew rating.
Regulation 5.19 empowers the Authority to conduct flight tests in relation to flight crew ratings.
Regulation 5.20 deals with the approval of persons to give flying training In relation to flight crew ratings. A decision by the Authority to revoke an approval is reviewable by the Administrative Appeals Tribunal because of regulation 30 which amends regulation 297A of the Principal Regulations.
Regulation 5.21 deals with the approval of persons to give flying training in relation to aircraft endorsements (called "conversion training"). Only a person who holds a commercial or air transport pilot licence for aeroplanes or helicopters may be approved and the approval may only be given for training of other commercial or air transport pilots in aeroplanes or helicopters as appropriate. A decision by the Authority to revoke an approval is reviewable by the Administrative Appeals Tribunal because of regulation 30 which amends regulation 297A of the Principal Regulations.
Regulation 5.22 empowers the Authority to make Civil Aviation Orders setting out aircraft endorsements and classifying types of aeroplanes into classes for this purpose.
Regulation 5.23 empowers the Authority to make Civil Aviation Orders setting out the requirements to qualify for aircraft endorsements and provides for the Authority to issue them. A decision by the Authority not to issue an endorsement is reviewable by the Administrative Appeals Tribunal because of regulation 30 which amends regulation 297A of the Principal Regulations.
Regulation 5.24 requires the Authority to give notice of its decision in relation to an application for an aircraft endorsement.
Regulation 5.25 empowers the Authority to issue an aircraft endorsement subject to conditions and creates an offence in relation to breach of a condition.
Regulation 5.26 provides for the duration of aircraft endorsements.
Regulation 5.27 provides for the Authority to issue a certificate of validation to a person who holds a qualification that authorises him or her to perform duties in aircraft during flight time and that was issued by the aviation authority of another country. A decision by the Authority not to issue a certificate is reviewable by the Administrative Appeals Tribunal under section 31 of the Civil Aviation Act 1988.
Regulation 5.28 requires the Authority to give notice of its decision in relation to an application for a certificate of validation.
Regulation 5.29 empowers the Authority to issue a certificate of validation subject to conditions and creates an offence in relation to breach of a condition.
Regulation 5.30 sets out the information about a person's overseas qualification that must be entered on the person's certificate of validation.
Regulation 5.31 provides that a certificate of validation for an overseas qualification has effect as if it were the flight crew licence, flight crew rating and aircraft endorsement that authorise a person to perform the same functions in the same type of aircraft while it is engaged in the same activity as the overseas qualification authorises.
Regulation 5.32 provides for the duration of certificates of validation.
Regulation 5.33 prohibits a person from applying for a certificate of validation or using a certificate if his or her overseas qualification is not valid and current, or is suspended or cancelled.
Regulation 5.34 provides for the appointment of a person to be an airship instructor. A decision by the Authority not to appoint a person to be an airship instructor is reviewable by the Administrative Appeals Tribunal because of regulation 30 which amends regulation 297A of the Principal Regulations.
Regulation 5.35 prohibits a person from giving flying training in an airship unless the person is an airship instructor.
Regulation 5.36 provides for the cancellation of an airship instructor's appointment. A decision by the Authority to cancel an appointment is reviewable by the Administrative Appeals Tribunal because of regulation 30 which amends regulation 297A of the Principal Regulations.
Regulation 5.37 prohibits a person, during flight time in an aircraft, from giving training in relation to the duties of a flight engineer.
Regulation 5.38 empowers a senior flying operations inspector to require the holder of a flight crew qualification to undertake a specified examination to show that the holder has the skill and knowledge appropriate to the qualification.
Regulation 5.39 provides for a decision by an inspector under regulation 5.38 to be reviewed by a regional flying operations manager.
Regulation 5.40 sets out the circumstances in which a person may fly an aircraft as pilot acting in command under supervision and in which the operator of an aircraft may allow a person to fly the aircraft in that capacity.
Regulation 5.41 empowers the Authority to set and conduct specified theory examinations, air law examinations, flight tests and practical tests.
Regulation 5.42 sets out the requirements to be met by an approved testing officer (a person to whom the Authority has delegated its power to conduct flight tests) when he or she conducts a flight test.
Regulation 5.43 provides that an approved testing officer may apply to the Authority for an exemption from the requirements of regulation 5.42.
Regulation 5.44 empowers the Authority to grant an exemption from the requirements of regulation 5.42 to an approved testing officer. An exemption must not be granted if it would adversely affect the Authority's ability to ensure that the officer complies with the regulations when conducting flight tests. A decision by the Authority not to grant an exemption is reviewable by the Administrative Appeals Tribunal because of regulation 30 which amends regulation 297A of the Principal Regulations.
Regulation 5.45 provides that an exemption in relation to a particular flight test has effect as soon as it is granted.
Regulation 5.46 sets out the period of effect of an exemption that applies to all flight tests conducted by an approved testing officer, or all flight tests of a particular kind conducted by the officer (called a general exemption).
Regulation 5.47 requires an approved testing officer to whom a general exemption has been granted to advise the Authority if there are certain changes in the officer's circumstances that affect the exemption.
Regulation 5.48 sets out the circumstances in which the Authority may revoke a general exemption. A decision by the Authority to revoke an exemption is reviewable by the Administrative Appeals Tribunal because of regulation 30 which amends regulation 297A of the Principal Regulations.
Regulation 5.49 sets out the effect of an exemption.
Regulation 5.50 empowers the Authority to permit a person to perform duties in an aircraft during flight time without holding an aircraft endorsement for the aircraft for the purpose of testing the aircraft or carrying out an experiment in relation to the aircraft. A decision by the Authority not to give a permission is reviewable by the Administrative Appeals Tribunal under section 31 of the Civil Aviation Act 1988.
Regulation 5.51 requires the holder of a flight crew qualification to have a personal log book.
Regulation 5.52 sets out the matters that must be recorded in a personal log book.
Regulation 5.53 requires a person's personal log book to be retained for as long as the person holds a flight crew licence.
Regulation 5.54 sets out the circumstances in which a person may be required to produce evidence of his or her identity to the Authority or a person conducting an examination.
Regulation 5.55 empowers the Authority to give directions in relation to flight and duty times of flight crew members and prohibits contravention of a direction.
Regulation 5.56 requires the holder of a flight crew qualification to produce his or her qualification, personal log book or medical certificate when requested by the Authority.
Regulation 5.57 requires a copy of a person's flying training records to be transferred from the flying school which compiled them to any other school at which the person subsequently receives training.
Regulation 5.58 deals with the Authority's power to approve a person to be a chief flying instructor and to revoke an approval. A decision by the Authority to revoke an approval is reviewable by the Administrative Appeals Tribunal because of regulation 30 which amends regulation 297A of the Principal Regulations.
Regulation 5.59 empowers the Authority to prepare and publish syllabuses of training for aeroplanes, airships, balloons, gyroplanes and helicopters.
Regulation 5.60 empowers the Authority to approve synthetic flight trainers in which a person may practice simulated instrument flight.
Division 3 deals with the flight radiotelephone operator licence. It contains regulations 5.61 to 5.63 inclusive.
Regulation 5.61 sets out the qualifications that a person must hold if he or she is to be issued a flight radiotelephone operator licence. The qualifications vary if the person holds or has held an equivalent licence issued by the Defence Force of Australia or an overseas aviation authority.
Regulation 5.62 sets out the authority given by a flight radiotelephone operator licence.
Regulation 5.63 deals with the conduct of examinations that may be required to qualify for a flight radiotelephone operator licence.
Division 4 deals with the student pilot licence. It contains regulations 5.64 to 5.76 inclusive.
Regulation 5.64 limits the definition "aircraft" for the purposes of the Division.
Regulation 5.65 provides that the qualification for a student pilot licence is that a person must be 16 years old.
Regulation 5.66 sets out the authority given by a student pilot licence and the limitations on that authority. The major limitation is that each flight undertaken by a student as pilot in command must be undertaken with the permission of an authorised flight instructor. The circumstances in which an instructor may give a permission are set out in regulations 5.67 to 5.74 inclusive.
Regulation 5.67 requires a student to have received adequate training to safely conduct a particular flight before an instructor may give him or her permission to undertake the flight as pilot in command.
Regulation 5.68 sets out the kind of aircraft that an instructor may permit a student to fly as pilot In command.
Regulation 5.69 sets out the area in which an instructor may permit a student to fly as pilot in command.
Regulation 5.70 sets out the number of consecutive hours an instructor may permit a student to fly as pilot in command.
Regulation 5.71 sets out the recent experience that a student must have before an instructor may permit him or her to fly as pilot in command.
Regulation 5.72 sets out the circumstances in which an instructor may permit a student to fly as pilot in command of an aircraft that is carrying passengers.
Regulation 5.73 sets out the circumstances in which an instructor may permit a student to fly as pilot in command of an aircraft when another student is a member of the aircraft's operating crew.
Regulation 5.74 prohibits an instructor from permitting a student to carry out an activity for which a flight crew rating is required while flying an aircraft as pilot in command. The activities for which a rating is required are set out in subregulation 5.01(2).
Regulation 5.75 sets out the requirements for the conduct of the general flying progress flight test. A pass in this test affects what an instructor may permit a student to do.
Regulation 5.76 sets out the minimum number of hours that must be flown by a student as a pilot before he or she may attempt the general flying progress flight test for a particular category of aircraft.
Division 5 deals with the private pilot (aeroplane) licence. It contains regulations 5.77 to 5.86 inclusive.
Regulation 5.77 sets out the qualifications that a person must hold if he or she is to be issued a private pilot (aeroplane) licence. The qualifications vary if the person holds or has held an equivalent licence issued by the Defence Force of Australia or an overseas aviation authority.
Regulation 5.78 sets out the authority given by a private pilot (aeroplane) licence.
Regulation 5.79 requires the holder of a private pilot (aeroplane) licence (a private (aeroplane) pilot) to hold an aircraft endorsement for the type of aeroplane he or she proposes to fly, except in the specified circumstances.
Regulation 5.80 requires a private (aeroplane) pilot to hold a flight crew rating before carrying out an activity for which a flight crew rating is required, except in the specified circumstances.
Regulation 5.81 requires a private (aeroplane) pilot to undertake a check of his or her aeroplane flying skills (known as an aeroplane flight review) every 2 years, except in the specified circumstances.
Regulation 5.82 sets out the flying experience that a private (aeroplane) pilot must have in the 90 days preceding each flight he or she undertakes as pilot in command of an aeroplane.
Regulation 5.83 provides that a chief flying instructor may make a determination that a person who has the specified flying experience satisfies the requirements of the aeroplane syllabus for the purpose of qualifying for the issue of a private pilot (aeroplane) licence.
Regulation 5.84 sets out the minimum number of hours that a person must have flown as a pilot to qualify for the issue of a private pilot (aeroplane) licence.
Regulation 5.85 sets out the way in which flying hours and time spent in practising in a synthetic flight trainer may be counted towards the minimum number of hours required by regulation 5.84.
Regulation 5.86 sets out the requirements for the conduct of the private pilot (aeroplane) licence flight test which a person who does not hold a foreign or military qualification must pass to qualify for the issue of a private pilot (aeroplane) licence.
Division 6 deals with the private pilot (helicopter) licence. It includes regulations 5.87 to 5.94 inclusive. These regulations generally mirror the regulations in Division 5, but there is no equivalent of regulation 5.83.
Division 7 deals with the private pilot (gyroplane) licence. it includes regulations 5.95 to 5.102 inclusive. These regulations generally mirror the regulations in Division 5, but there is no equivalent of regulation 5.83.
Division 8 deals with the commercial pilot (aeroplane) licence. It includes regulations 5.103 to 5.119 inclusive. These regulations generally mirror the regulations in Division 5, but there is no equivalent of regulation 5.83. The Division contains an additional limitation on the authority given by the licence if the holder of the licence is over 60 years old. This limitation is set out in regulation 5.110.
Division 9 deals with the commercial pilot (helicopter) licence. It includes regulations 5.120 to 5.128 inclusive. These regulations generally mirror the regulations in Division 8.
Division 10 deals with the commercial pilot (gyroplane) licence. It includes regulations 5.129 to 5.137 inclusive. These regulations generally mirror the regulations in Division 8.
Division 11 deals with the commercial pilot (balloon) licence. It includes regulations 5.138 to 5.148 inclusive. These regulations generally mirror the regulations in Division 8, other than regulation 5.110. The Division also sets out the classes of balloons in regulation 5.148.
Division 12 deals with the commercial pilot (airship) licence. It includes regulations 5.149 to 5.164 inclusive. These regulations generally mirror the regulations in Division 8.
Division 13 deals with the air transport pilot (aeroplane) licence. It includes regulations 5.165 to 5.173 inclusive. These regulations generally mirror the regulations in Division 8.
Division 14 deals with the air transport pilot (helicopter) licence. It includes regulations 5.174 to 5.182 inclusive. These regulations generally mirror the regulations in Division 8.
Division 15 deals with the student flight engineer licence. It includes regulations 5.183 to 5.187 inclusive.
Regulation 5.183 sets out the qualifications that a person must hold if he or she is to be issued a student flight engineer licence. The qualifications vary if the person holds or has held an equivalent licence issued by the Defence Force of Australia or an overseas aviation authority.
Regulation 5.184 sets out the authority given by a student flight engineer licence.
Regulation 5.185 creates an offence in relation to a student flight engineer performing duties in an aircraft without supervision.
Regulation 5.186 sets out the requirements for a person supervising a student flight engineer.
Regulation 5.187 sets out the circumstances in which a student flight engineer may be allowed, under supervision, to perform duties in an aircraft.
Division 16 deals with the flight engineer licence. It contains regulations 5.188 to 5.195 inclusive.
Regulation 5.188 sets out the qualifications that a person must hold if he or she is to be issued a flight engineer licence. The qualifications vary if the person holds or has held an equivalent licence issued by the Defence Force of Australia or an overseas aviation authority.
Regulation 5.189 sets out the authority given by a flight engineer licence.
Regulation 5.190 requires the holder of a flight engineer licence (a flight engineer) to hold an aircraft endorsement for the type of aircraft in which he or she proposes to perform the duties of a flight engineer, except in the specified circumstances.
Regulation 5.191 requires a flight engineer to undertake a check of his or her skills as a flight engineer (known as a flight engineer proficiency cheek) every year, except in the specified circumstances.
Regulation 5.192 sets out the experience in performing the duties of a flight engineer that a flight engineer must have had in the specified periods before each flight.
Regulation 5.193 sets out the minimum number of hours that a person must have flown while performing the duties of a flight engineer to qualify for the issue of a flight engineer licence.
Regulation 5.194 sets out the requirements for the conduct of the flight engineer licence flight test which a person who does not hold a foreign or military qualification must pass to qualify for the issue of a flight engineer licence.
Regulation 5.195 sets out the requirements for a person supervising a flight engineer.
Division 17 provides for the automatic issue of an Australian pilot licence to a person who holds a foreign pilot licence. It contains regulations 5.196 to 5.205 inclusive.
Regulation 5.196 makes it clear that Division 17 prevails over the other Divisions of Part 5.
Regulation 5.197 provides for a person who holds a foreign pilot licence to apply for a pilot licence.
Regulation 5.198 empowers the Authority to issue a pilot licence to an applicant under regulation 5.197. A pilot licence issued under this regulation is called a special pilot licence. A decision by the Authority not to issue a special pilot licence is reviewable by the Administrative Appeals Tribunal under section 31 of the Civil Aviation Act 1988.
Regulation 5.199 empowers the Authority to issue a special pilot licence subject to conditions.
Regulation 5.200 requires the Authority to issue aircraft endorsements to a person to whom a special pilot licence is issued.
Regulation 5.201 prohibits an application under regulation 5.197 by a person who does not hold a foreign pilot licence that is valid, current and in force.
Regulation 5.202 sets out the authority given by a special pilot licence.
Regulation 5.203 prohibits the holder of a special pilot licence from flying an aircraft in any operation that is not a private operation.
Regulation 5.204 provides that the holder of a special pilot licence is not required to undertake a check of his or her flying skills in certain circumstances.
Regulation 5.205 prohibits the holder of a special pilot licence from flying an aircraft if the foreign pilot licence that he or she used to qualify for the special pilot licence is not valid, current and in, force.
Regulation 6
Regulation 6 omits Part VI and substitutes new Part 6. This Part provides for the issue of medical certificates, their suspension and cancellation and the obligations of their holders. It contains regulations 6.01 to 6.21 inclusive.
Regulation 6.01 sets out various definitions that are required for the purposes of the new Part.
Regulation 6.02 empowers the Authority to appoint a medical practitioner to be a designated aviation medical examiner (DAME).
Regulation 6.03 empowers the Authority to cancel the appointment of a DAME in certain circumstances. A decision by the Authority to cancel an appointment is reviewable by the Administrative Appeals Tribunal because of regulation 30 which amends regulation 297A of the Principal Regulations.
Regulation 6.04 provides an indemnity for a DAME or other medical practitioner who provides information to the Authority about the medical condition of a person who has applied for, or who holds, a medical certificate.
Regulation 6.05 provides that a person may apply to the Authority for a particular class of medical certificate.
Regulation 6.06 empowers the Authority to issue a particular class of medical certificate to an applicant who meets the medical standard for that class of certificate. A decision by the Authority not to issue a certificate is reviewable by the Administrative Appeals Tribunal under section 31 of the Civil Aviation Act 1.988.
Regulation 6.07 requires the Authority to notify an applicant if it decides not to issue a medical certificate to the applicant.
Regulation 6.08 empowers the Authority to issue a medical certificate subject to conditions.
Regulation 6.09 provides that a person who does not meet the medical standard for a particular class of medical certificate may apply to the Authority for the issue of a medical certificate under regulation 6.10.
Regulation 6.10 empowers the Authority to issue a medical certificate to an applicant under regulation 6.09 if the Authority is satisfied that issuing a certificate to the applicant will not adversely affect the safety of air navigation. A decision by the Authority not to issue a certificate is reviewable by the Administrative Appeals Tribunal under section 31 of the Civil Aviation Act 1988.
Regulation 6.11 requires the Authority to notify a person who has applied under regulation 6.09 if it decides not to issue a medical certificate to the person.
Regulation 6.12 empowers the Authority to impose conditions when issuing a medical certificate under regulation 6.10.
Regulation 6.13 imposes conditions on medical certificates.
Regulation 6.14 sets out the period during which a medical certificate remains in force.
Regulation 6.15 empowers the Authority to extend the period during which a medical certificate remains in force.
Regulation 6.16 sets out the procedures to be followed if the holder of a medical certificate experiences changes to his or her medical condition that may affect him or her while carrying out the duties for which the medical certificate is required.
Regulation 6.17 empowers the Authority to require the holder of a medical certificate to undergo a medical examination.
Regulation 6.18 empowers the Authority to suspend the medical certificate of a person pending an examination conducted under regulation 6.17. A decision to suspend the certificate is reviewable by the Administrative Appeals Tribunal under section 31 of the Civil Aviation Act 1988.
Regulation 6.19 requires the Authority to cancel a medical certificate issued under regulation 6.06 if the holder is found not to meet the medical standard for the certificate. A decision to cancel the certificate is reviewable by the Administrative Appeals Tribunal under section 31 of the Civil Aviation Act 1988.
Regulation 6.20 sets out the circumstances, other than those covered by regulation 6.18 or 6.19, in which a medical certificate may be suspended or cancelled. A decision to suspend or cancel the certificate is reviewable by the Administrative Appeals Tribunal under section 31 of the Civil Aviation Act 1988.
Regulation 6.21 sets out the effect of suspension of a medical certificate.
Regulation 7
This regulation removes the reference to personal log books from the heading of Part VII of the Principal Regulations. As personal log books are only required to be kept by persons who hold flight crew qualifications, requirements relating to personal log books have been included in new Part 5. Accordingly, It is no longer necessary for the provisions of Part VII to apply to personal log books.
Regulation 8
This regulation omits regulation 77 of the Principal Regulations. Regulation 77 sets out requirements in relation to personal log books. These matters are covered by regulations 5.51 and 5.52 of new Part 5.
Regulation 9
This regulation omits the reference to a personal log book from regulation 79 of the Principal Regulations.
Regulation 10
This regulation omits the reference to a personal log book from regulation 80 of the Principal Regulations. Regulation 80 deals with retention of personal log books and navigation logs. Regulation 5.52 of new Part 5 sets out the period for which a personal log book is to be retained.
Regulation 11
This regulation amends regulation 82 of the Principal Regulations to make it clear that the regulation relates only to radio systems that are used for communication purposes.
Regulation 12
This regulation inserts a new regulation 82A into the Principal Regulations which empowers the Authority to give directions about the way in which radiocommunication with, and in relation to, aircraft is conducted.
Regulation 13
This regulation amends regulation 83 of the Principal Regulations to:
• make it clear that the regulation relates only to radio systems that are used for communication purposes and that the regulation applies to systems carried on aircraft as well as those installed in aircraft; and
• remove the prohibition on a person operating a radiocommunication system in an aircraft during flight time (this is now covered by the offence provision in section 20AB of the Civil Aviation Act 1988); and
• change references to particular kinds of licences so that they reflect the changes to the Principal Regulations made by these Regulations.
Regulation 14
This regulation inserts new regulations 83A, 83B, 83C, 83D, 83E and 83F which provide for the aircraft radiotelephone operator certificate of proficiency.
Regulation 83A empowers the Authority to issue an aircraft radiotelephone operator certificate of proficiency. A decision by the Authority not to issue a certificate is reviewable by the Administrative Appeals Tribunal under section 31 of the Civil Aviation Act 1988.
Regulation 83B requires the Authority to give notice of its decision in relation to an application for an aircraft radiotelephone operator certificate of proficiency.
Regulation 83C empowers the Authority to issue an aircraft radiotelephone operator certificate of proficiency subject to conditions.
Regulation 83D sets out the period during which an aircraft radiotelephone operator certificate of proficiency remains in force.
Regulation 83E sets out the qualifications that a person must hold if he or she is to be issued an aircraft radiotelephone operator certificate of proficiency.
Regulation 83F sets out the requirements for the conduct of an aircraft radiotelephone operator oral examination and an aircraft radiotelephone operator practical test.
Regulation 15
This regulation amends regulation 84 of the Principal Regulations to make it clear that the regulation relates only to radio systems that are used for communication purposes and that the regulation applies to systems carried on aircraft as well as those installed in aircraft.
Regulation 16
This regulation amends regulation 104 of the Principal Regulations. Regulation 104 sets out the qualifications for the grant of an air traffic controller licence, which include requirements as to medical fitness. All medical requirements for licences issued under the Principal Regulations are set out in new Part 6. Accordingly, references to the medical requirements in regulation 104 have been omitted and replaced by a requirement to hold a class 3 medical certificate, which is issued under Part 6.
Regulation 17
This regulation amends regulation 107 of the Principal Regulations. Regulation 107 empowers the Authority to require the holder of an air traffic controller licence to undergo a medical examination or to undertake another examination. The amendment means that the Authority may only require the holder of an air traffic controller licence to undertake an examination that relates to his or her ability to perform the duties authorised by the licence. As air traffic controllers are required to hold a medical certificate by regulation 104 as amended by these Regulations, further medical examinations may be required under regulation 6.17 of new Part 6.
Regulation 18
This regulation amends regulation 114 of the Principal Regulations. Regulation 114 sets out the qualifications for the grant of a flight service officer licence, which include requirements as to medical fitness. All medical requirements for licences issued under the Principal Regulations are set out in new Part 6. Accordingly, references to the medical requirements in regulation 114 have been omitted and replaced by a requirement to hold a class 3 medical certificate, which is issued under Part 6.
Regulation 19
This regulation amends regulation 117 of the Principal Regulations. Regulation 117 empowers the Authority to require the holder of a flight service officer licence to undergo a medical examination or to undertake another examination. The amendment means that the Authority may only require the holder of a flight service officer licence to undertake an examination that relates to his or her ability to perform the duties authorised by the licence. As flight service officers are required to hold a medical certificate by regulation 114 as amended by these Regulations, further medical examinations may be required under regulation 6.17 of new Part 6.
Regulation 20
This regulation makes a consequential amendment to regulation 134 of the Principal Regulations to remove references to regulations repealed by these Regulations.
Regulation 21
This regulation amends paragraph 141(3)(a) of the Principal Regulations. This regulation prohibits a person from flying an aircraft for the purpose of flying training except in a designated flying training area. The amendment will allow flying training to be conducted:
• in an aerodrome's traffic pattern; and
• in the area within 10 miles of the aerodrome; and
• if the training is training in cross-country flying, along a route specified by a flight instructor; and
• in a designated flying training area.
Regulation 22
This regulation omits regulation 154 of the Principal Regulations which relates to the obligations of a flight instructor in relation to flights conducted by student pilots. These matters are dealt with in Division 4 of Part 5.
Regulation 23
This regulation amends regulation 206 of the Principal Regulations to provide that conversion training is not a commercial purpose, therefore conversion training is a private operation under subregulation 2(7) of the Principal Regulations.
Regulation 24
This regulation amends regulation 249 of the Principal Regulations which prohibits the carriage of passengers in certain circumstances. Consistent with regulation 5.72, the prohibition on the carrying of passengers by student pilots is limited to student Pilots who have not passed the general flying progress flight test. The prohibition on carrying passengers when practising for the issue of an aircraft endorsement is removed and a prohibition on carrying passengers when practising emergency procedures inserted.
Regulation 25
This regulation amends regulation 263 of the Principal Regulations to make it clear that licences, certificates, ratings and endorsements issued under Part 5 are subject to the suspension and cancellation provisions set out in Part XIV.
Regulation 26
This regulation amends regulation 264 of the Principal Regulations so that the regulation does not apply to refusal to issue a licence, certificate, rating or endorsement under Part 5.
Regulation 27
This regulation makes a consequential amendment of regulation 265 of the Principal Regulations to remove references to regulations repealed by these Regulations.
Regulation 28
This regulation inserts a new regulation 272A into the Principal Regulations which provides for the effect of a cancellation of a licence or certificate.
Regulation 29
This regulation makes a consequential amendment of regulation 283 of the Principal Regulations to remove a reference to a regulation repealed by these Regulations.
Regulation 30
This regulation amends regulation 297A of the Principal Regulations to include a number of decisions made by the Authority under Parts 5 and 6 in the definition of "reviewable decision" set out in regulation 297A. This will enable the Administrative Appeals Tribunal to review these decisions. The amendment also makes it clear that decisions in relation to variation, suspension or cancellation of flight crew ratings and aircraft endorsements are also reviewable by the Tribunal.
Regulation 31
This regulation amends regulation 302 of the Principal Regulations. Regulation 302 deals with the production of licences, log books and other documents. The amendment means that regulation 302 will no longer apply to the holders of flight crew licences or special pilot licences. Production of documents by persons who hold qualifications issued under new Part 5 is dealt with in regulation 5.56.
Regulation 32
This regulation amends regulation 303 of the Principal Regulations to make it clear that the Authority may make Civil Aviation Orders which impose conditions on flight crew ratings and aircraft endorsements.
Regulation 33
This regulation amends Schedule 1 to the Principal Regulations. Schedule 1 sets out the medical standards for the issue of medical certificates. The regulation makes amendments to the Schedule that are consequential upon the restructuring of the medical requirements into a separate Part and 2 minor technical amendments in relation to the standards for reading distance and colour vision.
Regulation 34
This regulation amends Schedule 2 to the Principal Regulations. Schedule 2 sets out the regulations that are subject to administrative fines. The amendment deletes references to repealed regulations and replaces them with the references to the regulations in new Part 5 that are subject to administrative fines.
Part 2 - Transitional, savings and application provisions
Regulations 35, 36, 37 and 38
These regulations contain various definitions and interpretations that are necessary for the purposes of the Part.
Regulation 39
This regulation provides for the continued operation of a flight radiotelephone operator licence issued under the Principal Regulations before the commencement of these Regulations (the old regulations) as a flight radiotelephone operator licence issued under the Principal Regulations as amended by these Regulations (the new regulations).
Regulation 40
This regulation provides for the continued operation of a student pilot licence issued under the old regulations as a student pilot licence issued under the new regulations.
Regulation 41
This regulation provides for the continued operation of a private pilot licence issued under the old regulations as a private pilot licence issued under the new regulations.
Regulation 42
This regulation provides for the continued operation of a commercial pilot licence issued under the old regulations as a commercial pilot licence issued under the new regulations.
Regulation 43
This regulation provides for the continued operation, for a specified period, of a senior commercial pilot licence that was issued under the old regulations and that authorised the holder to fly aeroplanes and sets out the regulations that apply to the holder during that period. The regulation also provides that, on 1 January 1997, a licence of this kind becomes a commercial pilot (aeroplane) licence issued under the new regulations.
Regulation 44
This regulation provides for the continued operation, for a specified period, of a senior commercial pilot licence that was issued under the old regulations and that authorised the holder to fly helicopters and sets out the regulations that apply to the holder during that period. The regulation also provides that, on 1 January 1997, a licence of this kind becomes a commercial pilot (helicopter) licence issued under the new regulations.
Regulation 45
This regulation provides for the continued operation, for a specified period, of a second class airline transport pilot licence that was issued under the old regulations and that authorised the holder to fly aeroplanes and sets out the regulations that apply to the holder during that period. The regulation also provides that, on 1 January 1997, a licence of this kind becomes a commercial pilot (aeroplane) licence issued under the new regulations.
Regulation 46
This regulation provides for the continued operation, for a specified period, of a second class airline transport pilot licence that was issued under the old regulations and that authorised the holder to fly helicopters and sets out the regulations that apply to the holder during that period. The regulation also provides that, on 1 January 1997, a licence of this kind becomes a commercial pilot (helicopter) licence issued under the new regulations.
Regulation 47
This regulation provides for the continued operation of a first class airline transport pilot licences issued under the old regulations as an air transport pilot licence issued under the new regulations.
Regulation 48
This regulation provides for the continued operation of a flight engineer licence issued under the old regulations as a student flight engineer licence, or flight engineer licence, issued under the new regulations.
Regulation 49
This regulation provides for the continued operation of Part V of the old regulations in relation to a flight navigator licence.
Regulation 50
This regulation provides for the continued operation of an aircraft radiotelephone operator certificate of proficiency issued under the old regulations as an aircraft radiotelephone operator certificate of proficiency issued under the new regulations.
Regulation 51
This regulation provides for the continued operation of Part V of the old regulations in relation to an aircraft radiotelegraph operator certificate of proficiency.
Regulation 52
This regulation provides for the continued operation of Part V of the old regulations in relation to a flight radiotelegraph operator licence.
Regulation 53
This regulation provides that a licence or certificate that continues to operate after the commencement of these Regulations remains subject to any condition to which it was subject before the commencement.
Regulation 54
This regulation sets out the effect after the commencement of these Regulations of suspension of a licence that continues to operate after the commencement.
Regulation 55
This regulation provides for the continued operation of any requirement by the Authority for a person to undergo an examination or provide information that had not been met by the person at the commencement of these Regulations and continues the requirement as a requirement under the new regulations.
Regulation 56
This regulation provides for the continued operation of a grade of flight crew rating issued under the old regulations as a flight crew rating, or grade of flight crew rating, issued under the new regulations.
Regulation 57
This regulation sets out the effect after the commencement of these Regulations of suspension of a flight crew rating that continues to operate after the commencement.
Regulation 58
This regulation provides for persons who hold licences that are valid for certain types or categories of aircraft under the old regulations to be taken to hold the appropriate aircraft endorsements issued under the new regulations.
Regulation 59
This regulation provides for the continued operation of a permission given by the Authority for a student pilot to fly outside Australian territory that was in force immediately before the commencement of these Regulations.
Regulation 60
This regulation provides for the continued operation of a permission given by the Authority for a person to test an aircraft that was in force immediately before the commencement of these Regulations.
Regulation 61
This regulation provides for the continued operation of an authorisation given by the Authority for a person to fly an aircraft for which his or her licence was not valid that was in force immediately before the commencement of these Regulations.
Regulation 62
This regulation provides for the continued operation of an approval given by the Authority for a person to give conversion training which was in force immediately before the commencement of these Regulations.
Regulation 63
This regulation provides for the continued operation of an approval given by the Authority for a person to act as pilot in command in regular public transport operations, other than international regular public transport operations, which was in force immediately before the commencement of these Regulations.
Regulation 64
This regulation provides for the continued operation of an approval given by the Authority for a person to act as pilot in command of aircraft that weigh more than 5,700kg engaged in charter operations which was in force immediately before the commencement of these Regulations.
Regulation 65
This regulation provides for the continued operation of subregulation 57(12) (which sets out limitations on the authority given by a night V.F.R. rating) and any permission given by the Authority under that subregulation which was in force immediately before the commencement of these Regulations.
Regulation 66
This regulation provides that a foreign licence on which the Authority had conferred validity in accordance with subregulation 73(1) of the old regulations has effect after the commencement of these Regulations as if it were a certificate of validation for the foreign licence issued under the new regulations.
Regulation 67
This regulation provides that a person who was an approved person or an approved medical practitioner for the purpose of conducting medical examinations under the old regulations is taken to have been appointed as a designated aviation medical examiner under the new regulations.
Regulation 68
This regulation provides that a medical examination required by the old regulations that was started but not completed before the commencement of these Regulations is taken to have been started under the new regulations. Also, the regulation provides that a requirement by the Authority setting out the medical examinations to be undergone for the purposes of the old regulations has effect after the commencement of these Regulations as a direction given under Paragraph 6.06(3)(a) of the new regulations.
Regulation 69
This regulation provides for the continued operation of a medical certificate that was issued to a person who met the relevant medical standard if the certificate was in force, or suspended, immediately before the commencement of these Regulations.
Regulation 70
This regulation provides for the continued operation of a medical certificate that was issued to a person who did not meet the relevant medical standard if the certificate was in force, or suspended, immediately before the commencement of these Regulations.
Regulation 71
This regulation provides for the continued operation of a suspension of a medical certificate if the suspension was in force immediately before the commencement of these Regulations.
Regulation 72
This regulation provides for the continued operation of a condition on a medical certificate if the condition was in force immediately before the commencement of these Regulations.
Regulation 73
This regulation sets out the period of validity for a medical certificate to which regulation 69 or 70 applies.
Regulation 74
This regulation provides for the continued operation of an authorisation given under regulation 62 or 72A, or subregulation 72(1) of the old regulations.
Regulation 75
This regulation deals with applications that were made under the old regulations and not finally decided before the commencement of these Regulations. In the case of an application for a senior commercial pilot licence or a second class airline transport pilot licence, the regulation provides that Part V of the old regulations continues to apply. In relation to an application for any other flight crew qualification, or for a medical certificate, the regulation provides that the application is to be treated as if it had been made under the new regulations.
Regulation 76
This regulation provides for a Civil Aviation Order which was made under Part V of the old regulations and which was in force immediately before the commencement of these Regulations to have effect as if it had been made under Part 5 of the new regulations. Also, the regulation provides that if Part V of the old regulations continues to apply to a person, an Order made under that Part continues to have effect in relation to that Part and the Part applies to the Order accordingly.
Regulation 77
This regulation provides for the continued operation of an instrument delegating powers or functions under the old regulations that was in force immediately before the commencement of these Regulations.
Schedule 1
This schedule sets out flight crew ratings and grades of flight crew ratings for the purposes of regulation 56.
Schedule 2
This schedule sets out provisions of the old regulations and the new regulations for the purposes of regulation 77.