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Project OS 12/14 - Amendment to CAO 95.4

Topic code: 
Flight Operations
Project status: 
Closed

Closure notes

Project closed 5 September 2012.

On 30 August 2012, the Director of Aviation Safety made Civil Aviation Order 95.4 Amendment Instrument 2012 (No. 1).

The Amendment Order was registered on the Federal Register of Legislative Instruments on 4 September 2012 and comes into effect on 5 September 2012.

A copy of the Amendment Order can be downloaded from COMLAW at: Civil Aviation Order 95.4 Amendment Instrument 2012 (No. 1).

Issue

It is CASA policy, in the interest of safety, that gliders must be operated either:

  1. Under the rules and controls of the Gliding Federation of Australia (GFA), or
  2. Under a written approval granted by CASA and in accordance with the conditions set out in any such approval.

The latest version of CAO 95.4 gives effect to this policy, however the CAO still contains the legacy phrase: or an organisation that is affiliated with the GFA. Paragraph 4.1 states - aircraft to which this section applies shall not be operated except by an individual who is a member of the GFA, or an organisation which is affiliated with the GFA.

This term is a legacy expression and does not give proper effect to current CASA safety policy.

The paragraph has in some cases, led to the mistaken belief that the expression: associated with, implies an option other than to be subject to either:

  1. The rules, orders, standards and operational procedures of the GFA, or
  2. Such directions as may be made by CASA

The effect of these words is to imply that any organisation affiliated however loosely with the GFA is acceptable as a substitute to GFA membership or CASA controls. In one instance it has been proposed that a GFA-affiliated social body (a non-flying entity affiliated with the GFA) would be utilised by someone to fulfil the requirements of CAO 95.4 in lieu of actual GFA membership. If the condition is allowed to continue unchanged, there is a risk that some glider operations could be conducted without any form of safety oversight by either CASA or the GFA.

Project Objective

The intent of this project is to remove the following wording: "or an organisation that is affiliated with the GFA" in order to clarify the policy intent.

Rules affected

CAO 95.4

Status

This project was approved by Jonathan Aleck , Associate Director of Aviation Safety and Peter Boyd, Executive Manager Standards Development & Future Technology Division on 25 March 2012

Project management

Project Leader: Mick English

Project Sponsor: Jonathan Aleck, Associate Director Aviation Safety

Standards Development Project Managers: Mick English

Project Priority

Medium

Project OS 12/14