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Legislative changes - Amendment to Civil Aviation OrdersCAO 40.0 - Conditions - Flight Crew Licences CAO 40.1.0 - Aircraft Endor

Amendment to Civil Aviation Orders
CAO 40.0 - Conditions - Flight Crew Licences
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. 9) 2003
(252K 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. Section 40.0 of the Civil Aviation Orders (the Orders) specifies conditions for flight crew licences. The amendment of 40.0 corrects a factor included in Appendix 2 to the section as part of advisory material.

Subregulation 5.22(1) of CAR 1988 provides that CASA may give directions in 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) of CAR 1988 provides that CASA may give directions in the Orders setting out the requirements for the issue of aircraft endorsements.

Subregulation 5.25 (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 the 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.

In section 40.1.0 the design feature endorsement, "constant speed propeller" has been changed to "manual propeller pitch control". This will allow pilots to fly aircraft with new technology engine control systems having a simplified single power lever control without having to obtain a special design feature endorsement.

Section 40.1.0 has also been amended to allow for certain types of seaplane aircraft endorsements to be issued with a limitation and "land only". This will allow for endorsements to be issued to pilots for these types of aircraft without the requirement to be trained in water operations and limited to operations on land.

A co-pilot endorsement for single pilot helicopters in the air transport category has been included in section 40.3.0 which allows for reduced training requirements for co-pilots of such aircraft. Section 40.3.0 has also been amended to create new endorsements and include new helicopter types.

Under the transitional provisions, previously issued endorsements will continue to have effect as new endorsements in respect of pilots who hold those endorsements.

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

The amendments come into effect on gazettal.

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

Civil Aviation Amendment Order (No. 9) 2003 (252K Adobe Acrobat file)