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Legislative changes - Amendment to CAOs 48.0 and 48.1

Amendment to CAOs 48.0 and 48.1

CAO 48.0 - Flight Time Limitations - General
CAO 48.1 - Flight Time Limitations - Pilots

Civil Aviation Amendment Order (No. 10) 2002 (19K Adobe Acrobat file)

Explanatory Statement

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

Subregulation 5.55 (1) of the Civil Aviation Regulations 1988 (the Regulations) provides that the Civil Aviation Safety Authority (CASA) may give directions to the holder of a flight crew licence or to an aircraft operator, about matters relating to the regulation of flight time. These matters include the number of hours that a person may fly in any period, the rest periods that must be taken, and the circumstances in which a person must not fly or undertake other duties associated with his or her employment.

The Order amends section 48.0 of the Civil Aviation Orders (CAO) by omitting the definition of adequate rest facilities and inserting new definitions for adequate sustenance, suitable resting accommodation and suitable sleeping accommodation. These changes assist with the interpretation of provisions relating to the facilities an operator must offer to aerial agricultural pilots under section 48.1

The Order amends subsection 2 of 48.1 by:

  • increasing the maximum duration of hours within a specified period of time that a pilot may fly;
  • clarifying the duration of duty free periods; and
  • specifying the minimum requirements in relation to accommodation and sustenance.

The Order also inserts a number of new paragraphs into subsection 2 of 48.1 which identify:

  • the circumstances in which a tour of duty may be extended or a duty free period reduced;
  • when a pilot's cumulative duty time should be reduced;
  • the maximum time which may be spent on tours of duty over a specified number of consecutive days; and
  • requirements relating to the health and well being of the pilot.

The amendments to subsection 2 of 48.1 provide the flexibility required for the aerial agricultural industry while ensuring that pilots have the opportunity for appropriate rest and sleep.

The Order further amends section 48.1 so that wherever masculine personal pronouns occur they are accompanied by feminine personal pronouns. The effect of these changes is to ensure that the relevant paragraphs incorporate gender-neutral language. Some additional amendments reflect minor grammatical improvements to the wording of the relevant paragraphs.

A Regulation Impact Statement has been prepared and is attached (109K Adobe Acrobat file). The Office of Regulation Review has approved the Statement.

The Order came into effect on gazettal. It was made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.