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Legislative changes - Amendment to Civil Aviation Orders CAO 40.1.0 (Aircraft Endorsements - Aeroplanes)CAO 40.3.0 (Aircraft End

Amendment to Civil Aviation Orders
CAO 40.1.0 (Aircraft Endorsements - Aeroplanes)
CAO 40.3.0 (Aircraft Endorsement - Helicopters)

Civil Aviation Act 1988
Civil Aviation Regulations 1988
Civil Aviation Amendment Order (No. 4) 2003
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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 Regulation 1988 (CAR 1988) 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 licence holder before the holder is permitted to carry out the duties authorised by the licence in a particular type or class of aircraft.

Subregulation 5.22(2) of CAR 1988 provides that CASA may give directions in the Orders classifying types of aeroplanes into classes.

Subregulation 5.23(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.

Under subregulation 5.25(2) a condition may be set out in Civil Aviation Orders under regulation 303.

Section 40.1.0 of the Orders prescribes aircraft endorsements for aeroplanes, classifies types of aeroplanes into classes and sets out the requirements for the issue of aircraft endorsements for aeroplanes.

The Order contains various amendments to section 40.1.0 concerning the prescription of aeroplane endorsements. These amendments include creating new type endorsements and including new aeroplane types in existing aeroplane classes.

Under the transitional provisions, previously issued endorsements that cover aeroplane types now included in a new aeroplane type or class will continue to have effect in respect of pilots who have flown under those endorsements.

In Appendix II of section 40.3.0, the former term 'with a maximum take-off weight not exceeding 2750 kg' is replaced with the new term 'certified in the normal category' and the term 'with a maximum takeoff weight exceeding 2750 kg' is replaced with the new term 'certificated in the transport category'. These changes make Appendix II consistent with the terminology used elsewhere in the Order.

The Order contains amendments in respect of which the Office of Regulation Review does not require a Regulation Impact Statement.

The amendments have been issued by the Director of Aviation Safety on behalf of CASA in accordance with subsection 84A(2) of the Act.