Project OS 08/13 - Early implementation of certain proposed CASR Part 103 standards via CAO
On 3 August 2011, Civil Aviation Order 95.54 Amendment Order 2011 (No. 1) (the Amendment Order) was made by the Director of Aviation Safety.
The Amendment Order amends Civil Aviation Order 95.54 (CAO 95.54) by omitting paragraphs 6.4 and 6.5 which contained conditions relating to flights over closely-settled areas. It also makes changes of a drafting nature. These changes alter the presentation of CAO 95.54 by removing it from the Schedule in which it was previously included and presenting it as an independent instrument.
The Amendment Order (FRLI number F2011L01607) was registered on the Federal Register of Legislative Instruments 5 August 2011 and came into effect 6 August 2011.
Changes to CAO 95.4, 95.8, 95.10, 95.12, 95.12.1, 95.32, 95.54 and 95.55 are being proposed to give early effect to consulted changes in NPRM 0603OS - CASR Part 103 - Sport and Recreational Aviation Operations.
Some privileges that will become routine with proposed CASR Part 103 have been granted only by special approval on a one-off basis by operator and location, and sometimes for a limited timeframe, despite the industry being prepared in terms of Operations Manuals and assessment procedures to manage them more widely.
The issuing and maintaining of exemptions, approvals and permissions is time consuming for CASA and requires industry to be charged for the privilege of operating to what are agreed but yet to be implemented standards.
CASR Part 103 is now in an advanced stage of OLDP drafting and a Summary of Responses has been prepared identifying the privileges CASA intends to grant, following the NPRM process. Public and industry submissions received in response to this proposal, which closed in September 2007, were overwhelmingly in favour of the standards proposed in the NPRM.
However, finalisation and implementation of CASR Part 103 will be significantly delayed by factors outside CASA's control, namely the extended time that will be taken in drafting the final rules for the closely-related Part 149 and the loss of drafting priority for these Parts, which have been overtaken by higher priority ‘mainstream’ Operational CASR Parts
CASA recently issued CAO 100.66 to bring forward maintenance licensing provisions of the proposed CASR Part 66, in order to make the advantages of this scheme available to both industry and CASA, whilst the balance of the Maintenance Suite of new regulations is finalised and OLDP drafting is completed.
CASA intends to use the CAO 100.66 model of early implementation via CAOs for some standards already publicly consulted in Part 103. Subject to CASA legal drafting advice it is proposed to incorporate a number of publicly consulted standards that it is proposed will be contained in Part 103 by amending the sport and recreational aviation CAO 95 series Orders.
Request for RAAO input
The following listed standards have been identified as "likely candidates" for change. RAAOs are invited to suggest additional changes that have been consulted in Part 103 NPRM for consideration for incorporation in this project.
Judgements will be made about the value of additional suggested changes (for RAAOs and for CASA) against the additional drafting workload to make and implement the change. It is unlikely that changes that involve any change to CAR or CASR or changes that involve large structural changes to CAO could reasonably be included in the scope of this project.
CAO 95.55 and CAO 95.32
Adoption of the CASR Part 103 proposals would slightly extend the range of aircraft covered by these CAOs by raising the weight limit for all aeroplanes, rather than just those certificated as a Light Sport Aircraft, to 600 kg for landplanes and 650 kg for seaplanes, where a certification standard does not limit them to a lesser weight. This may particularly advantage those operators who have voluntarily downgraded their aeroplanes to 544 kg in lieu of their original higher certificated weight.
Operating privileges that would be extended include access to controlled airspace on the basis of an RAAO qualification instead of relying on a CASA licence as evidence of competence, or the granting of a specific CASA permission. Access to Restricted airspace would also become subject to the same clearance requirements as other aircraft rather than requiring specific CASA approval, by applying CAR 140
Proposed to be amended so that operators of these aeroplanes in accordance with the RA-Aus Operations manual, have access to the same privileges as pilots of other RA-Aus aeroplanes whilst retaining restrictions on operation of such aeroplanes that relate to the safety of third parties, and revising the order to encompass single-place weight-shift aeroplanes operated by HGFA members.
CAOs 95.12 and 95.12.1
Proposed to be amended so that Gyroplane pilots administered by ASRA are able to conduct stock mustering operations in accordance with requirements of an RAAO manual.
Proposed to be amended To remove some CASA approval requirements that have imposed restrictions on balloon operations. Changes have been sought by the Australian Ballooning Federation (ABF) since 1992 and have been put off on the grounds of "waiting for Part 103".
Extension to CAO 95.8 would remove the 10,000 ft height limit on hang gliders, conditional on use of breathing oxygen, thus bringing about a convergence of rules for hang gliders with those of sailplanes administered by the Gliding Federation of Australia (GFA).
General changes to all or most sport/recreational CAOs
All the proposed RAAOs under Part 149 would benefit from the inclusion of Air Experience Flights as agreed in the Part 103 applicability, contingent on acceptable rules and pilot qualifications in Operations Manuals. Most organisations already have these rules in place or in draft, and the change would confirm the legal acceptability of the practice. A maximum limit of 4 occupants for balloons undertaking Australian Ballooning Federation (ABF) air experience flights.
RA-Aus and HGFA would also benefit from removal of the obsolete and generally ignored condition for aeroplanes to need to cross unfavourable terrain to operate above 5000 ft AMSL.
All RAAOs would gain from the ability of CASA to determine that further individual aircraft, or types by maker and design, were subject to these same operating rules. This would save CASA issuing a number of exemptions each year that require extensive drafting.
Part 103 NFRM
In order to provide for a timely provisional conclusion to the Part 103 project an NFRM will be prepared to fully explain the changes that will be made to the CAOs as the result of this phase of the project. A summary of responses will be included to detail feedback on responses received on the Part 103 NPRM.
A further NFRM will be released to detail transition between (revised) CAOs and the new CASR when draft regulations are available for Part 103 and Part 149. CASR Parts 103, 105 and 149 are planned to be implemented at the same time, as there are interdependencies between the regulations.
This project was approved by Greg Vaughan, GGM General Aviation Operations Group on 29 August 2008.
Project Sponsor: Greg Vaughan
Project Manager: Andrew Ward
Project Leader: Mike Cleaver