Terms of Reference for the conduct of an independent review of aviation fatigue rules for operators and pilots (Civil Aviation Order [CAO] 48.1 Instrument 2013)
An independent review of CAO 48.1 Instrument 2013 will provide CASA with an informed basis on which to finalise reform of the fatigue rules for operators and pilots.
A safe, effective and efficient set of fatigue risk management rules is in place for Australian operators and pilots that:
- addresses a clearly identified risk not addressed by current regulation
- is scalable and proportionate to the type of operation being undertaken
- is consistent with CASA's requirements under the Act, and directions made to the CASA Board by the Minister (Statement of Expectations)
- is consistent with the principles contained in CASA's Regulatory Philosophy and DAS Directive 01/2015
- is appropriate to the Australian environment (meteorological and geographical)
- takes appropriate account of the Australian context (air traffic management, the needs of rural and remote communities, time-zones, economic and socio-political)
- is in step with corresponding requirements in other comparable jurisdictions.
The review has the following objectives:
- To determine whether the new rules are necessary (in accordance with DAS Directive 01/2015), having regard to other current regulation including human factors training and safety management systems
- To evaluate the extent and relevance of the research and evidence applied in the development of the latest fatigue rules (CAO 48.1 Instrument 2013) including:
- the development of the limits in the prescriptive appendices to CAO 48.1 Instrument 2013
- the application of fatigue risk management systems (FRMS).
- To evaluate the extent to which CAO 48.1 Instrument 2013 applies the underpinning research and evidence, takes into account the Australian operating environment and enables industry to establish modern fatigue management regimes
- To evaluate the extent to which the latest fatigue rules are consistent with the principles in CASA's regulatory philosophy and Director of Aviation Safety Directive 1/2015, in particular:
- Regulation must be shown to be necessary to address known or likely risks
- Regulation should have particular regard to the safety of passengers and other persons likely to be affected by an activity
- Regulation must not impose unnecessary costs on industry, nor unnecessarily hinder growth or participation
- Regulation should conform to international standards except where differences can be justified on safety risk grounds due to unique Australian conditions
- Regulation will address safety risks in the most cost effective manner, proportionate to the risks involved
- Where appropriate, regulations will specify safety outcomes.
Scope of the review
- The latest fatigue rules and the associated Civil Aviation Advisory Publication (CAAP) 48-01 - Fatigue management for flight crew members
- Previous legislative provisions of CAO 48 as well as standard industry exemptions
- Legislative provisions governing Safety Management Systems
- Legislative provisions requiring Human Factors and Non-technical skills training.
The following considerations are relevant to the review:
- The main object of the Civil Aviation Act 1988 is 'to establish a regulatory framework for maintaining, enhancing and promoting the safety of civil aviation, with particular emphasis on preventing aviation accidents and incidents'
- CASA's regulatory philosophy and DAS Directive 1/2015
- The Minister's Statement of Expectations to the CASA Board 2017
- Standards and Recommended Practices of the International Civil Aviation Organization along with current and proposed fatigue rules of the European Aviation Safety Agency and the following countries:
- New Zealand
- United States
- United Kingdom
- Previous studies into fatigue and the management of fatigue risk in aviation
- Reports and investigations into fatigue-related accidents and incidents produced by the Australian Transport Safety Bureau and other domestic and international transport accident investigation agencies
- The extent to which the latest fatigue rules address the relevant factors contributing to accidents and incidents, in the context of other legislative requirements such as human factors training and the implementation of a Safety Management System by regular public transport operators
- The approach to fatigue regulation taken by other Australian transport regulators (in the maritime, road transport and rail sectors)
- The approach to fatigue management taken by oil and gas, mining, nuclear, and other transport industries.
Last updated: August 2017 to harmonise with the final scope of work endorsed by the CASA Board.