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CIVIL AVIATION REGULATIONS (AMENDMENT) 1997 NO. 139EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 139
Issued by the authority of the Minister for Transport and Regional Development
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.
The Regulations make a number of amendments of the Civil Aviation Regulations to provide for the licensing of aircraft flight crew to carry out some flight engineer functions.
Certain aircraft operations require a flight engineer as part of the aircraft's flight crew. Flight crew duty time limitations require that flight engineers on long flights must take rest breaks after being on duty for specified periods. It appears that, for economic reasons, it is not feasible for a second flight engineer to be carried on these aircraft. It has been decided, therefore, to provide for the issue of a restricted flight engineer licence. The holder of such a licence (usually the second officer on a flight) will be able to take over the duties of a flight engineer when the aircraft is in cruise mode and thus allow the flight engineer to take a rest break.
It is not considered that the amendments will be detrimental to the safety of air navigation.
DETAILS OF THE AMENDMENTS ARE AS FOLLOWS:
This regulation provides that the Civil Aviation Regulations (the Regulations) are amended as set out in these Regulations.
Regulation 2 inserts 2 new definitions ("restricted flight engineer" and "restricted flight engineer proficiency test") in subregulation 2 (1) of the Regulations.
Regulation 3 inserts a reference to "restricted flight engineer licence" in regulation 5.08 of the Regulations and thus provides the means for a person to apply for a restricted flight engineer licence.
Regulation 4 inserts a new Division 16A in Part 5 of the Regulations. The new Division comprises regulations 5.195A to 5.195F (inclusive) details of which are as follows:
- REGULATION 5.195A sets out the qualifications (such as pilot licences, training, cheeks, etc) that a person requires before he or she can be issued a restricted flight engineer licence.
- REGULATION 5.195B sets out the duties that the holder of a restricted flight engineer may undertake.
- REGULATION 5.195C sets out that the holder of a restricted flight engineer licence may only carry out the duties permitted under the licence in an aircraft for which the holder holds an aircraft endorsement.
- REGULATION 5.195D requires that the holder of a restricted flight engineer licence must satisfactorily complete regular proficiency checks.
- REGULATION 5.195E sets out the recent expedience that the holder of a restricted flight engineer licence must have before undertaking duties permitted under the licence.
- REGULATION 5.195F provides for a person to undertake the duties of a restricted flight engineer without holding a restricted flight engineer licence if the person is training for the issue of a licence or undertaking a proficiency check.
The Regulations commenced on gazettal.