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Legislative changes - Amendment to CAO 82.3 and 82.5

Amendment to CAO 82.3 and 82.5

CAO 83.3 - Conditions on Air Operators' Certificates Authorising Regular Public Transport Operations in Other Than High Capacity Aircraft
CAO 83.5 - Conditions on Air Operators' Certificates Authorising Regular Public Transport Operations in High Capacity Aircraft

Civil Aviation Act 1988
Civil Aviation Regulations 1988
Civil Aviation Amendment Order (No. 3) 2003
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Explanatory Statement

The Order contains amendments of sections 82.3 and 82.5 of the Civil Aviation Orders (the Orders) relating to the requirement to conduct regular public transport operations under the Instrument Flight Rules (I.F.R.).

Subsection 28BA (1) of the Civil Aviation Act 1988 (the Act) states that an Air Operator's Certificate has effect subject to any conditions specified in the Regulations or the Orders.

Part 82 of the Orders contains conditions on Air Operators' Certificates. Section 82.3 deals with regular public transport operations in other than high capacity aircraft. Section 82.5 deals with operations in high capacity aircraft.

Paragraph 7.2 of section 82.3 stated that, subject to paragraphs 7.3 and 7.4, each operator had to conduct flights under the I.F.R.

Under paragraph 7.3, an operator may conduct flights under the Visual Flight Rules (V.F.R.) subject to satisfying a number of conditions. One of the conditions is that the operator and pilot in command must first be satisfied that the flight is not able to be conducted under the I.F.R. Under paragraph 7.4, a single engine regular public transport aeroplane may be used in regular public transport operations under the V.F.R. by day.

Paragraph 7.2 of section 82.5 states that, unless otherwise approved in writing by CASA, an operator must conduct flights under the I.F.R.

The Order amends sections 82.3 and 82.5 to allow operators of regular public transport aircraft to conduct flights under the V.F.R. in certain additional circumstances. The amendments allow an aircraft to operate under the V.F.R. to gain access to class E airspace from Class G airspace without receiving air traffic control clearance. The procedure requires that the aircraft operate in Visual Meteorological Conditions (conditions requiring a minimum level of visibility and distance from cloud) and at the altitudes used by V.F.R. aircraft.

The Order came into effect on gazettal.

The Order has been made by the Director of Aviation Safety under subsection 84A (2) of the Act.