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Legislative changes - Amendment to CAO 40.1.0

Amendment to CAO 40.1.0

CAO 40.1.0- Aeroplane Endorsements

Civil Aviation Amendment Order (No. 13) 2002 (307K Adobe Acrobat file)

Explanatory Statement

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.

Subregulation 5.22 (1) of the Civil Aviation Regulations 1988 (the Regulations) provides that the Civil Aviation Safety Authority (CASA) may give directions in Civil Aviation Orders (the Orders) prescribing the aircraft endorsements that must be held by a person who holds a licence or certificate under Part 5 of the Regulations.

Subregulation 5.22 (2) of the Regulations provides that CASA may give directions in the Orders classifying types of aeroplanes into classes.

Subregulation 5.23 (1) of the Regulations provides that CASA may give directions in the Orders setting out requirements for the issue of aircraft endorsements.

Subregulation 5.25 (1) provides that CASA may issue an aircraft endorsement subject to any condition that it thinks necessary in the interests of the safety of air navigation.

Regulation 303 of the Regulations provides that where CASA is empowered to impose conditions applicable to a specified class of licences or certificates (which is defined to include aircraft endorsements), it may do so in Civil Aviation Orders.

Section 40.1.0 of the Orders prescribes aircraft endorsements for aeroplane pilots by reference to types of aircraft (type endorsements) and classes of aircraft (class endorsements).

This Order amends section 40.1.0 by adding a paragraph 4.4 which makes it a condition of a class endorsement that the holder must not fly as pilot or co-pilot of an aircraft unless he or she has the specified degree of knowledge and familiarity with the aircraft.

The Order makes several changes to the existing endorsements set out in the Appendixes to section 40.1.0.

Many of the changes are necessary because new aircraft types have come onto the Aircraft Register.

In addition, a number of aeroplanes previously covered by type endorsements are now subject to class endorsements. Models with special design features were previously listed as a separate type distinct from the "standard" class. These models have been included in the standard class. To ensure safe operation, the new paragraph 4.4 has been included in the section.

The Order omits the word "COMMAND" from section 40.1.0 wherever it occurs in Appendixes 1 and 1A, this is because endorsements other than copilot endorsements are all command endorsements.

Some endorsements have been changed to harmonise with international practice and to avoid confusion between manufacturers.

Transitional provisions have been included to ensure that previous type and class endorsements continue to have effect as if they were the class endorsements or type endorsements that have replaced them.

The Office of Regulation Review has stated that a Regulation Impact Statement is not needed because the amendments are minor or of a machinery of government nature.

The Order has been issued by the Director of Aviation Safety on behalf of CASA in accordance with subsection 84A (2) of the Act and comes into effect on gazettal.