Legislative changes - Amendment to CAO 40.3.0
Amendment to CAO 40.3.0
CAO 40.3.0 - Helicopter Type and Class Endorsements
Civil Aviation Amendment Order (No. 15) 2002 (41K Adobe Acrobat file)
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.
Paragraph 5.22 (2) (a) of the Regulations provides that CASA may give directions in the Orders classifying types of helicopters 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. Such a condition may, under subregulation 5.22 (2) be set out in the Orders.
Section 40.3.0 prescribes aircraft endorsements for helicopter pilots by reference to types of helicopters (type endorsements) and sets out the requirements for the issue of type endorsements.
The Order makes changes to the Part headings in Appendix IV and Appendix V. The former term "with a maximum take-off weight not exceeding 2750 kg" is replaced with the new term "certificated in the normal category". The former term "with a maximum take-off weight exceeding 2750 kg" is replaced with the new term "certificated in the transport category". These changes reflect current terminology used in Parts 27 and 29 of the Civil Aviation Regulations 1998 and the relevant Federal Aviation Regulations (FARs) of the United States of America on which the Australian Parts are modelled.
The Order corrects certain errors in the Appendices. The helicopter type Eurocopter EC135TI was incorrectly included in Appendix IV, Part 1, as a single engine helicopter. This aircraft has been removed from Part 1 and included in Appendix IV, Part 2 as a multi-engine helicopter certificated in the normal category.
The class endorsement of EF-28 has been replaced with the correct class endorsement of EN-28. This change in designation is to align with current international practice. The helicopters included in this class have been amended to include all piston engine models. A new class EN-480 is included to cover turbine engine models.
The helicopter type Sikorsky S-55 was incorrectly included in Appendix IV, Part 3, as a multi-engine helicopter with a maximum take-off weight exceeding 2750kg. This aircraft has been removed from Part 3 and included in Appendix V, Part 2 as a single engine helicopter certificated in the transport category.
The Sikorsky S70 or S70A (Blackhawk/Seahawk/Nighthawk) has been removed from Appendix V, Parts 4 and 5. This is a military type aircraft and does not belong on the civil aircraft register.
The term "rappelling" has been included in paragraph 8.3 of Section 40.3.0, because the paragraph relates to winching or rappelling operations.
Specific references to "Command" have been removed from endorsements. Endorsements are considered to be Command Endorsements unless the contrary is stated.
Transitional provisions are included in subsection 4 of the amending Order to ensure that existing EF-28 class endorsements will continue to have effect as if they were EN-28 class endorsements. Amendments made in relation to type endorsements do not affect the validity of previously issued endorsements.
The Office of Regulation Review has stated that a Regulation Impact Statement is not required because the proposed amendments are machinery in nature.
The Order came into effect on notification in the Gazette.
The Order has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.