CD 1511OS - Part 91 of CASR and associated MOS for general operating and flight rules
Following extensive consultation with the aviation community, the new general operating and flight rules package is in the final stages of becoming law and has been published for public review.
The consolidated rules – made up of some new and current regulatory provisions contained in the Civil Aviation Regulations and Civil Aviation Orders – will now all be contained in Part 91 of the Civil Aviation Safety Regulations. Once in place they will form the foundation for all civil aviation flight operations, much like the ‘rules of the road,’ and will apply to all pilots, aircraft owners and operators, people who fuel and handle aircraft, loading personnel, air display organisers and air traffic services.
Part 91 has been developed as part of CASA’s regulation reform program, which aims to enhance aviation safety, address known risks and maintain the reputation of Australia’s aviation industry as one of the safest in the world. Specifically, Part 91 aims to address feedback from the aviation community that the current general operating and flight rules are considered difficult to interpret and comply with.
CASA has engaged widely on the changes, beginning with significant consultation in 2011 which generated 503 comments from 32 organisations and individuals. This feedback was used to develop the regulations further before more extended consultation was undertaken. This included ongoing conversations with industry, as well as internal involvement from CASA’s operations teams. This month, CASA conducted a two-day workshop with industry representatives on the Standards Consultative Committee to discuss the final rules.
Based on the comments and suggestions provided to CASA, a significant number of changes have been made to the proposal over the duration of development. For example, comments were made about a pilot in command having to report an in-flight emergency to air traffic services where the rule stated that it was an offence not to do so. The view was that this was not always possible and, as a result, the rule was redrafted to apply only if it was practical for this to occur. Another example was the rule relating to landing, taking off and manoeuvring at aerodromes where an operation is not restricted to runways, which was considered outdated and has been removed.
For a comprehensive summary of changes, please refer to the Part 91 exposure draft.
Part 91 will be formally made once the rules have been signed off by the Governor-General. CASA will then work with the aviation community to develop a detailed implementation plan, including a proposed commencement date and appropriate transition arrangements. To ensure everyone is well informed and ready for the introduction of the new flight operations rules, CASA will also be providing comprehensive guidance material. This will include a Part 91 Manual of Standards (MOS) and plain-English information sheets where required, making it easier to understand the requirements. The draft MOS has also been published on the CASA website and will be further developed before it is finalised. We welcome your comments during that process.
CASA is keen to ensure that the rules operate in practice as they are designed to. Minor changes may appear in the final version of Part 91 on that basis. We have listened to what you told us and incorporated your suggestions where possible, however if you have additional comments for consideration in future reviews, please email the Part 91 Project Team by close of business, 6 October 2015.
11 August 2015
- SPR to CD 1511OS (40KB)
- Annex A - Civil Aviation Legislation Amendment (Part 91) Regulation 2015 (1.37MB)
- Annex B - Draft Part 91 Manual of Standards Instrument 2015 (1.65MB)
- Annex C - Mapping of the current regulations and Civil Aviation Orders to the proposed Part 91 of CASR regulations (524KB)
All comments should be submitted via the Part 91 Project Team by close of business 6 October 2015.