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Legislative changes - Amendment to Civil Aviation OrdersCAO 40.0 - Conditions - Flight Crew Licences

Amendment to Civil Aviation Orders
CAO 40.0 - Conditions - Flight Crew Licences

Civil Aviation Act 1988
Civil Aviation Regulations 1988 Civil Aviation Amendment Order (No. 8) 2003 (303K Adobe Acrobat file)

Explanatory Statement

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

Under regulation 5.11 of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) may issue a flight crew licence subject to any condition that is necessary in the interests of the safety of air navigation. The condition must be set out in a prescribed manner. Paragraph 5.11 (2) (c) permits CASA to set out the condition in Civil Aviation Orders (CAOs) under regulation 303 of CAR 1988.

Under regulation 303 CASA may specify and notify in CAOs conditions that are to be of a general application to a specified class of licences. Any conditions so notified shall be deemed to be conditions of every licence of that class.

Section 40.0 of the CAOs specifies the conditions for flight crew licences. The amendment provides for the inclusion of provisions that are relevant for a Land and Hold Short Operation (LAHSO), being an operation in which the pilot in command of an aircraft has accepted a requirement to land on a a hold short runway and hold short of the hold short line.

The amendment creates as a condition on a private pilot licence, a commercial pilot licence or an air transport pilot licence, that the holder must not, while operating an aeroplane, actively participate in LAHSO unless the holder:

  1. carries out the operation in the course of the holder's duties as an employee of an operator who has a training and checking organisation approved under regulation 217 and has been assessed by an appropriate person in that organisation, in accordance with the check and training manual, as competent in those matters specified in Appendixes 1 and 2 of the Order; or
  2. is certified in the holder's personal log book by an appropriate person (as defined) as competent in those matters specified in Appendixes 1 and 2 of the Order and able to actively participate in LAHSO; or
  3. is being instructed or assessed by an appropriate person for the purpose of enabling the person to determine the holder's competence in those matters specified in Appendixes 1 and 2 of the Order.

The holder of a student pilot licence is not permitted, while operating an aeroplane as pilot in command, to actively participate in LAHSO.

For the issue of a log book endorsement, a pilot must be shown to have met the requirements of the Achievement Record as set out in Appendix 2 of the Order. The Achievement Record must be signed by the pilot and an appropriate person (as defined in the Order), before being submitted to CASA.

The Office of Regulation Review has stated that a Regulation Impact Statement is not required because the proposed amendments are minor and machinery of government in nature and will not substantially alter existing arrangements.

The Order came into affect on notification in the Gazette.

The Order has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.

Civil Aviation Amendment Order (No. 8) 2003 (303K Adobe Acrobat file)