Legislative changes - Amendment of CAOs 20.7.1B and 82.0 Conditions applicable to extended range operations
Amendment of CAOs 20.7.1B and 82.0
Conditions applicable to extended range operations
Civil Aviation Amendment Order (No. 2) 2002 (38K Adobe Acrobat file)
Regulation 5 of the Civil Aviation Regulations 1988 (the Regulations) states that wherever CASA is empowered or required to issue any direction, instruction or notification, CASA may, unless the contrary intention appears in the regulation conferring the power or function, issue the direction or instruction in Civil Aviation Orders (the Orders) or otherwise in writing.
For the safety of air navigation, limitations on extended range operations over water, applicable to passenger carrying operations engaged in for hire or reward, have been issued in the Orders. These limitations are based on the maximum permissible distance, expressed as flying time in case of engine failure, from an adequate aerodrome.
These distance limitations were set out in subsection 13 of section 20.7.1B of the Orders and an airworthiness directive AD/General/69. Appendix 1 to section 20.7.1B set out the requirements for an adequate aerodrome and Appendix 2 set out airworthiness requirements that had to be satisfied before CASA could approve, under subsection 13, an extension in the applicable flying time for certain two-engined operations.
The inclusion of the limitations in section 20.7.1B was considered undesirable because it raised doubts as to the power under which they had been issued. In order to remove this uncertainty, the Order transfers the contents of subsection 13 and Appendixes 1 and 2 to Part 82 of the Orders so that they can operate as conditions on Air Operators' Certificates.
Part 82 of the Orders has been issued under subsection 28BA (1) of the Civil Aviation Act 1988 (the Act) which states, among other things, that an Air Operator's Certificate has effect subject to conditions specified in regulations or Civil Aviation Orders.
In transferring Appendix 2, it has been altered to incorporate certain airworthiness measures issued in AD/General/69. Arrangements have been made to cancel AD/General/69. There is no conflict between the directive and the provisions in the draft Order.
The Office of Regulation Review has advised that a Regulation Impact Statement is not necessary because the amendments contained in the Order are of a machinery nature, involving the recasting of measures that had already been issued and not altering existing practices
The Order has been made by the Director of Aviation Safety under subsection 84A (2) of the Act.