Civil Aviation

Civil Aviation Amendment Order

(No. R55) 2004

I, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under paragraph 28BA (1) (b) of the Civil Aviation Act 1988.

[Signed Bruce Byron]

Bruce Byron

Director of Aviation Safety and

Chief Executive Officer

12 December 2004

__________________

1 Name of Order

This Order is the Civil Aviation Amendment Order (No. R55) 2004.

2 Commencement

This Order commences on gazettal.

3 Replacement of section 82.5 of the Civil Aviation Orders

Section 82.5 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.

Schedule 1 Substitution of section 82.5 of the Civil Aviation Orders

SECTION 82.5

CONDITIONS ON AIR OPERATORS’ CERTIFICATES AUTHORISING REGULAR PUBLIC TRANSPORT OPERATIONS IN HIGH CAPACITY AIRCRAFT

1A INTERPRETATION

A reference in this section to a regulation or subregulation identified by a number or a numerical code (for example, 92A or 218 (1)) is a reference to the regulation or subregulation in the Civil Aviation Regulations 1988 identified by that number or code.

1 APPLICATION OF CONDITIONS

1.1 This section applies to certificates authorising regular public transport operations in high capacity aircraft.

1.2 For the purposes of paragraph 28BA (1) (b) of the Act, each certificate authorising regular public transport operations in high capacity aircraft is subject to the condition that the obligations set out in this section are complied with.

1.3 The condition and obligations set out in this section are in addition to the conditions set out in section 82.0.

2 OBLIGATIONS IN RELATION TO ORGANISATION AND FACILITIES

2.1 Each operator must:

(a) establish and maintain an appropriate organisation with a sound and effective management structure; and

(b) make adequate provision for training and checking of personnel and the inspection and maintenance of aircraft.

2.2 Each operator must employ such numbers of qualified personnel as CASA considers necessary to operate the services proposed by the operator and such personnel must be employed on a full-time basis in appropriate areas.

2.3 Each operator must provide and maintain facilities and documentation sufficient to enable the operator to conduct services with safety and in compliance with Appendix 1.

3 OBLIGATIONS IN RELATION TO TRAINING AND CHECKING

3.1 Each operator must provide a training and checking organisation under regulation 217.

3.2 A training and checking organisation must be in accordance with Appendix 2.

3.3 Each operator must ensure that a person does not act as an operating crew member on a scheduled revenue service unless that person has satisfactorily completed all necessary training programs and proficiency checks and has been certified by a check pilot as being competent to act as an operating crew member.

3.4 For the purposes of subregulations 215 (3) and (6), each operator must include in the operator’s operations manual the information set out in Appendix 3 and must provide copies of the manual to all operating crew members employed by the operator.

4 OBLIGATIONS IN RELATION TO MAINTENANCE

4.1 Each operator must provide a system of maintenance of aeroplanes and establish a system of maintenance control in accordance with the requirements of, or issued under, the Civil Aviation Regulations 1988.

5 OBLIGATIONS IN RELATION TO AERODROMES

5.1 An operator must conduct operations in accordance with regulation 92A.

5.2 Each operator must ensure that night operations are conducted only from aerodromes for which there is a published instrument approach procedure and that are equipped with:

(d) a navigation aid; and

(e) where necessary, obstruction lighting.

5.3 Unless otherwise approved in writing by CASA and subject to paragraph 5.4, an operator must not permit turbo-jet aeroplanes to use runways that are not equipped with electronic or visual approach slope guidance.

5.4 Paragraph 5.3 does not apply to runways at nominated alternate aerodromes.

5A CONDITIONS IN RELATION TO COMMUNICATION SERVICES AT NON-CONTROLLED AERODROMES

5A.1 Subject to this subsection, an aircraft must not be operated within the terminal airspace of a non-controlled aerodrome unless:

(a) there is a radiocommunication confirmation system for the aerodrome; and

(b) that radiocommunication confirmation system is in operation when the aircraft is within the terminal airspace.

5A.1A Paragraph 5A.1 does not apply if an aircraft is using an aerodrome as an alternate aerodrome.

5A.1B Paragraph 5A.1 does not apply to an aircraft that:

(a) was scheduled to arrive at, or depart from, an aerodrome at a time when the aerodrome was not a non-controlled aerodrome; but

(b) has had its operation delayed so that, at the actual time of its arrival at, or its departure from, the aerodrome, the aerodrome is a non‑controlled aerodrome.

5A.1C Paragraph 5A.1 does not apply in respect of a non‑controlled aerodrome if CASA determines in writing that it is technically impracticable to provide a radiocommunication confirmation system for the aerodrome.

5A.2 If the radiocommunication confirmation system at a non-controlled aerodrome becomes unserviceable, paragraph 5A.1 does not apply in respect of that aerodrome for:

(a) the period during which the system remains unserviceable; or

(b) the period of 7 days commencing on the day on which the system becomes unserviceable;

whichever is shorter.

5B CONDITIONS IN RELATION TO MAKING STRAIGHT-IN VISUAL APPROACHES

5B.1 An aircraft must not make a straight-in visual approach to a non-controlled aerodrome unless:

(a) the aerodrome has a CTAF/MBZ frequency for its terminal airspace (the CTAF/MBZ frequency); and

(b) the aircraft is equipped with a serviceable VHF radio operating on the CTAF/MBZ frequency; and

(c) as close as practicable to 15 nautical miles from the aerodrome, the pilot in command broadcasts on the CTAF/MBZ frequency stating the position of the aircraft and the intention to carry out a straight-in approach; and

(d) the pilot in command can find out the wind direction and the runway or runways in use at the aerodrome from either:

(i) a ground based radiocommunication service; or

(ii) radio contact with an agent of the aircraft operator; or

(iii) radio contact with an aircraft operating at the aerodrome; or

(iv) an automatic weather station; or

(v) if the information cannot be determined by the means mentioned in sub-subparagraphs (i), (ii), (iii) and (iv) — visual observation; and

(e) all manoeuvring to establish the aircraft on final approach is carried out beyond a radius of 5 nautical miles from the threshold of the runway intended to be used for the landing; and

(f) as close as practicable to 5 nautical miles from the aerodrome, the pilot in command makes a broadcast on the CTAF/MBZ frequency:

(i) stating that the aircraft is on final approach; and

(ii) nominating the runway to be used for landing; and

(g) the aircraft’s landing lights and anti-collision lights, and strobe lights (if any), are illuminated at all times when the aircraft is less than 5 nautical miles from the aerodrome.

5B.2 The pilot in command of the aircraft:

(a) must not commence a straight-in visual approach to a particular runway of the aerodrome if another aircraft is flying in the usual traffic pattern at the aerodrome and using the reciprocal direction of that runway; and

(b) must give way to any other aircraft:

(i) flying in the usual traffic pattern; and

(ii) established on base leg or final approach for any runway on the aerodrome.

6 OBLIGATIONS IN RELATION TO AEROPLANE CERTIFICATION AND PERFORMANCE

6.1 Each operator must ensure that operations are only conducted in aeroplanes that are certified in the Transport Category.

6.2 Each operator must ensure that such aeroplanes are operated in accordance with section 20.7.1B.

7 OBLIGATIONS IN RELATION TO FLIGHT CATEGORY AND AEROPLANE REQUIREMENTS

7.1 Unless otherwise approved in writing by CASA, each operator must conduct operations in multi-engined aeroplanes equipped for flight under the instrument flight rules (I.F.R.).

7.2 Subject to paragraphs 7.3, 7.4 and 7.5, unless otherwise approved in writing by CASA, each operator must conduct flights under the I.F.R.

7.3 An operator may conduct flights under the V.F.R. in Class E airspace, if:

(a) the flight is conducted in V.M.C.; and

(b) the pilot in command has, while in Class G airspace, requested air traffic control to follow I.F.R. pick-up procedures; and

7.4 An operator and a pilot in command who conduct a flight under the V.F.R. in accordance with paragraph 7.3 must, if the aircraft is not climbing, ensure that it maintains an altitude appropriate to a flight under the V.F.R.

7.5 In all other respects, a flight to which paragraph 7.3 applies must be conducted as if it were a flight under the I.F.R.

8 OBLIGATIONS IN RELATION TO FLIGHT CREW

8.1 Each operator must provide a minimum flight crew of 2 pilots or the number of pilots specified in the aircraft flight manual, whichever is the greater.

8.2 An operator must ensure that a pilot who holds a commercial pilot (aeroplane) licence does not act as co-pilot of an aeroplane engaged in a high capacity regular public transport operation unless the pilot meets the recent experience requirements applicable to that pilot under paragraphs 11.5, 11.6 and 11.7 of section 40.1.5.

9 OBLIGATIONS IN RELATION TO ROUTE AND AREA QUALIFICATIONS

9.1 Subject to paragraph 9.2, an operator must ensure that a pilot does not act as pilot in command of an aircraft engaged in a regular public transport service unless the pilot meets the requirements of subregulation 218 (1).

9.2 Where a pilot has completed an audio-visual briefing as set out in Appendix 2 in respect of a proposed flight, the pilot is to be taken to have met the requirements of subregulation 218 (1) in respect of the aerodrome or route which was the subject of the briefing, if the briefing occurs:

(a) in the case of initial qualification for an aerodrome or route — within the period of 14 days immediately before the flight; or

(b) in the case of re-qualification — within the period of 35 days immediately before the flight.

9.3 Subject to paragraph 9.4 where, in respect of a flight, an aerodrome is nominated solely as an alternate, a pilot who has studied written briefing material about that aerodrome is exempt from the requirements of paragraphs 218 (1) (a) and (b) of the Civil Aviation Regulations 1988 if the study takes place within 14 days immediately before the flight.

9.4 CASA may, in writing, determine that paragraph 9.3 does not apply in relation to a specified aerodrome.

9.5 Each operator must provide for the carriage of a CASA examiner on each inaugural flight to a destination not previously served by the operator.

10 OBLIGATIONS IN RELATION TO FOREIGN REGISTERED AIRCRAFT

10.1 This subsection applies to foreign registered aircraft only.

10.2 Subject to paragraphs 10.3 and 10.5, an operator who holds a certificate authorising the operation of a turbine engined aeroplane that:

(a) has a maximum take-off weight of more than 15 000 kg; or

(b) is carrying 10 or more passengers;

must ensure that the aeroplane is not operated under the I.F.R. in regular public transport operations unless it is fitted with a ground proximity warning system (GPWS) that meets the requirements of section 108.36.

10.3 Paragraph 10.2 does not apply to the operator if:

(a) at any time before the aeroplane is operated under the I.F.R. in regular public transport operations, the holder of the certificate authorising the operation of the aeroplane has given to CASA an undertaking in an approved form that the aeroplane will, on or before 1 January 2001, be fitted with an approved GPWS that has a predictive terrain hazard warning function; and

(b) the operations manual provided by the holder of the certificate authorising the operation of the aeroplane sets out the details of a course of training in awareness of controlled flight into terrain; and

(c) the pilot in command of the aeroplane, and (if applicable) any other pilot occupying a control seat in the aeroplane, have completed the course of training.

10.4 Paragraphs 10.2 and 10.3 cease to have effect at the end of 31 December 2000.

10.5 On and after 1 January 2001, an operator who holds a certificate authorising the operation of a turbine engined aeroplane that:

(a) has a maximum take-off weight of more than 15 000 kg or is carrying 10 or more passengers; and

(b) is engaged in regular public transport, or charter, operations;

must ensure that the aeroplane is not operated under the I.F.R. unless it is fitted with a GPWS being:

(d) if paragraph 10.6 applies — a GPWS that meets the requirements of section 108.36 (a section 108.36 GPWS).

10.6 Up to the end of June 2005, an aeroplane may be fitted with a section 108.36 GPWS:

(a) if, immediately before 1 January 2001, paragraph 10.2 applied to the aeroplane; or

(b) if the aeroplane first becomes a foreign registered aircraft on or after 1 January 2001 (unless it is an aircraft in respect of which an undertaking has been given under paragraph 9.1A of section 20.18, as in force immediately before 1 January 2001); or

(i) immediately before 1 January 2001, paragraph 10.2 did not apply to the aeroplane because of paragraph 10.3; and

(ii) the holder of the AOC authorising the operation of the aeroplane (the AOC holder) provides satisfactory evidence to CASA, in accordance with paragraph 10.7, that it is not possible to fit the aeroplane with an approved GPWS that has a predictive terrain hazard warning function.

10.7 For the purposes of sub-subparagraph 10.6 (c) (ii), evidence is taken to be satisfactory only if it is:

(a) a statement in writing to the AOC holder from the manufacturer of an approved GPWS that has a predictive terrain hazard warning function; or

(b) a statutory declaration by the AOC holder;

to the effect that the FAA’s list of supplemental type certificates does not include any reference to a supplemental type certificate relating to the fitting of an approved GPWS that has that function.

APPENDIX 1 Paragraph 2.3

FACILITIES AND DOCUMENTATION

1 FACILITIES

1.1 Each operator must provide and maintain at least the following facilities:

(a) an operating headquarters through which CASA may communicate with the person or persons responsible for any aspect of the operations conducted under the terms of the certificate;

(b) buildings at each place where operating crew are based of adequate size and suitable for the conduct of the operator’s operations;

(c) facilities for operational planning and the storage and display of essential records, with office services to ensure that operational instructions and information of an essential nature are produced and circulated without delay;

(d) at each port serviced by the operator, a set of weighing scales suitable for determining passenger and cargo weight;

(e) training facilities and aids as required by Appendix 2.

2 DOCUMENTATION

2.1 Each operator must provide and maintain:

(a) at each operating base where the operator maintains flight crew rostering staff — an operations library of maps, charts, flight guides and other documents required for carriage in flight or for reference or planning purposes;

(b) a reference library of operational documents which is readily available to all operating crew and staff and which includes:

(i) operations manuals; and

(ii) training and checking manuals; and

(iii) dangerous goods manuals; and

(iv) a Maintenance Manual; and

(v) a copy of the Act, the Civil Aviation Regulations 1988, the Civil Aviation Regulations 1998 and those Parts of the Civil Aviation Orders that apply to operator’s operations.

2.2 The documentation referred to in subclause 2.1 must be kept in an orderly fashion and must be regularly updated and the responsibility for its maintenance must be clearly defined.

2.3 Each operator must distribute updated operational material to flight crews and other operating staff as appropriate, and must maintain records of that distribution.

2.4 Each operator must maintain:

(a) up-to-date records showing the recent experience status of each flight crew member and the currency of medical certificates, ratings and endorsements held by each such member; and

(b) up-to-date records showing the flight time and duty time achieved by each flight crew member for the periods set out in Part 48 of the Orders; and

(c) records showing each flight crew member’s recent experience for the purposes of crew duty and route and aerodrome qualifications; and

(d) current flight crew rosters; and

(e) load sheets and passenger and cargo manifests as required by section 20.16.1; and

(f) fuel records as required by regulation 220; and

(g) training and checking records as required by Appendix 2.

APPENDIX 2

Paragraph 3.2

TRAINING AND CHECKING ORGANISATION

1 GENERAL

1.1 A training and checking organisation provided by an operator:

(a) must be wholly contained within the operator’s organisational structure; and

(b) must be wholly responsible to the operator for the standard of flight operations.

2 MANAGEMENT

2.1 Each operator must appoint a person to be the training and checking manager (however called) who has the overall responsibility for the effective management of the training and checking organisation. The appointment of the person is subject to the prior approval of CASA and the appointment is not to be varied without CASA’s prior consent.

2.2 The person appointed under paragraph 2.1 must possess extensive experience as a check captain and is required to maintain, for the duration of his or her appointment:

(a) unless otherwise approved in writing by CASA — an air transport pilot (aeroplane) licence and a command endorsement for a major aeroplane type in current service with the operator; and

(b) a current command instrument rating; and

2.3 Each operator must provide sufficient additional persons having experience and qualifications acceptable to CASA to supervise the competence of operating crew members on each aeroplane type in current service with the operator and to ensure the maintenance of operational standards. The number of persons so provided is subject to the approval of CASA.

2.4 All persons appointed to a position with the training and checking organisation must be in the full-time employment of the operator.

2.5 Paragraph 2.4 will be satisfied in respect of a person provided under contract or lease from another organisation, if, for the duration of the contract or lease:

(a) the operator assigns the hours to be worked by that person; and

(b) the operator assigns the duties to be carried out by that person; and

(d) the contracting or leasing organisation does not require the person to carry out duties other than those assigned by the operator, except that the person may compile and complete such reports relating to the conduct of the contract or lease as the contracting or leasing organisation may reasonably require.

3 GROUND FACILITIES, EQUIPMENT AND TRAINING AIDS

3.1 Each operator must provide adequate office accommodation for the training and checking manager and his or her staff and must supply such administrative services support as may be necessary.

3.2 Each operator must provide an enclosed room or rooms suitable for the conduct of such briefings, interviews or special instruction as may be associated with the conduct of flight crew licence renewal tests or proficiency demonstrations. The room or rooms so provided must be furnished in such a manner as to facilitate their intended purpose.

3.3 Each operator must provide an area suitable for the periodic demonstrations of proficiency in emergency procedures required by section 20.11 and must make available such items of emergency equipment as may be necessary.

3.4 An operator proposing to conduct pilot engineering ground training must submit, for the approval of CASA, a detailed statement of the ground facilities proposed, including:

(a) the number, size and location of classrooms; and

(b) the number of students to be accommodated by each classroom and the facilities provided for each student; and

(d) the provision for lighting and darkening the classrooms; and

(e) the provisions for heating and/or cooling the classrooms where climatic conditions require it; and

(f) the training notes or manuals to be issued to each student; and

(g) the examinations used to assess student performance; and

(h) the facilities for the production of such notes, manuals, charts, slides or other consumable aids as may be proposed.

3.5 Audio-visual briefing facilities

3.5.1 Each operator proposing to conduct audio-visual briefing for the purposes of subsection 9 of this section must provide:

(a) the facilities described in paragraph 3.5.2 that are approved by CASA; or

(b) such other facilities as CASA may accept as equivalent.

3.5.2 Each operator seeking credit for audio-visual briefing must provide the following facilities and equipment:

(a) a still 35mm slide projector of a type capable of being viewed in daylight and with a screen area not less than 625cm2;

(b) a cassette tape recorder capable of being synchronised to the slide projector;

(c) a set of 35mm photographic colour slides complying with paragraph 3.6.1 in respect of each aerodrome for which entry credit is sought;

(d) a set of 35mm photographic colour slides complying with paragraph 3.7.1 in respect of each route for which route credit is sought;

(e) a pre-recorded cassette tape for each set of 35mm slides, complying with paragraph 3.6.3 or 3.7.1 as appropriate;

(f) written summaries of each cassette tape, to be available to flight crew members at the time of the audio-visual briefing;

(g) a room for the purpose of conducting audio-visual briefings, containing suitable seating, storage and cataloguing facilities.

3.6 Aerodrome entry

3.6.1 For the purposes of 3.5.2 (c), the set of photographic slides must cover at least:

(a) geographic location of the aerodrome; and

(b) general view of the aerodrome and the surrounding terrain; and

(c) diagram of the usual method of instrument or visual approach if there are abnormal features or irregularities in that approach; and

(d) the approach to each runway used by the operator’s aircraft; and

(e) tarmac or parking area; and

(f) such other views as may be necessary to adequately cover obstructions or peculiarities in the local area.

3.6.2 Where day services are scheduled, day scenes must be provided, and where night services are scheduled, night scenes must be provided. Artwork may be used to draw attention to specific areas or items.

3.6.3 For the purposes of 3.5.2 (e), the pre-recorded cassette commentary must be matched to the corresponding photographic slides and must cover at least:

(a) geographic location; and

(b) location in the flight network, including diversion routes; and

(d) weather; and

(e) navigational aids; and

(f) communications and traffic; and

(g) aerodrome details; and

(h) description of the approach and other views as appropriate; and

(i) tarmac and ground facilities.

3.7 Briefing for Route Qualification

3.7.1 For the purposes of 3.5.2 (c) and 3.5.2 (e), the briefing for route qualifications is to consist of a set of 35mm colour slides and a matched pre-recorded cassette tape covering as many of the following points as may be relevant to the route under discussion:

(a) geographic location of the aerodromes comprising the route;

(b) administration:

(i) local time zones;

(ii) documentation to be carried;

(iii) prerequisite qualifications (e.g. physical entry or audio-visual briefing for any of the en-route aerodromes);

(iv) customs, health and immigration requirements for crew and/or passengers;

(v) fuel policy;

(vi) special equipment or extra personnel to be carried;

(i) planned route and alternates/emergency airfields;

(ii) special navigational techniques or limitations;

(iii) controlled airspace/restricted airspace;

(iv) maps and charts;

(v) flight planning;

(vi) weather;

(d) in-flight procedures:

(i) communications;

(ii) altimetry and Air Traffic Control procedures;

(iii) reporting points;

(e) other relevant information.

4 TRAINING AND CHECKING MANUAL

4.1 Each operator must provide a training and checking manual for the use and guidance of persons appointed within the training and checking organisation and must furnish copies of the manual to:

(a) CASA; and

(b) all operating crew members assigned to checking and/or training duties.

4.2 The training and checking manual must include the following material:

(a) the structure of the training and checking organisation and the assignment of duties and responsibilities to the appointments within the organisation;

(b) course outline, detailed syllabus, completion standards and specimen record forms for each flight or simulator training program currently in use;

(d) flight time limitations and recent experience for pilots engaged in flight checking or training duties;

(e) training checklists (if applicable) and the occasions on which their use is authorised;

(f) command responsibility during training and checking flights, including licence renewal proficiency checks;

(g) minimum numbers of crew and minimum crew qualifications for specified types of training;

(h) general restrictions, specifications or safety precautions for flight training (e.g. fuel load, ballast, minimum weather conditions);

(i) prescribed methods of conducting various training sequences including:

(i) technique and standard to be achieved; and

(ii) common faults; and

(iii) method of simulating emergencies and/or malfunctions;

(j) procedure to be followed when a satisfactory standard is not achieved.

4.3 The material referred to in paragraph 4.2 is subject to the approval of CASA and is not to be varied without CASA’s prior approval, although the operator may include additional material for information and guidance without CASA’s approval.

5 TRAINING METHODS

5.1 Each operator must maintain a training file in respect of each flight crew member, recording at least:

(a) each ground training course completed or attempted, including the results for each phase or subject and the final assessment of the standard achieved; and

(b) each endorsement training course completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of tests or checks; and

(c) each flight or simulator proficiency check completed or attempted, including the number of times each exercise was undertaken and the results of the checks; and

(d) each period of training, other than training referred to in paragraph (a), (b) or (c), undertaken in an aircraft or simulator, including the exercises completed or attempted, and an assessment of the standard achieved.

APPENDIX 3

Paragraph 3.4

1 OPERATIONS MANUAL

1.1 Each operator must include the following information in the operator’s operations manual:

(a) aircraft operating limitations;

(b) all normal, abnormal and emergency operating procedures for those aircraft;

(d) aircraft performance and flight planning data including specific instructions for the computation of fuel and oil to be carried, having regard to all the circumstances of operation including the possibility of failure of 1 or more power plants or pressurisation failure;

(e) procedures for navigation by means of the navigation equipment provided;

(f) procedures for maintaining radio communication and conformity with air traffic control;

(g) the operating crew complement for all operations including the designation of the succession of command;

(h) instructions outlining the responsibilities of all crew members pertaining to the conduct of operations including in-flight emergency duties assigned to each crew member;

(i) instructions which will ensure that the pilot in command will have, for each flight, detailed information with respect to communications, navigation aids, instrument approach procedures, and other such information as the operator considers to be necessary for the routes to be operated;

(j) instructions for determining that the aircraft weight and distribution of load are within the approved limits;

(k) instructions for determining that the aircraft performance is adequate under the prevailing conditions in respect of the runway to be used and that the aircraft will meet all the obstacle clearance and climb gradient requirements;

(l) information as to the conditions under which oxygen must be used;

(m) the permissible unserviceability schedule;

(n) procedures for the use of emergency equipment and passenger handling in an emergency;

(o) procedures for operating in severe weather conditions involving ice, hail, thunderstorms, turbulence or potentially hazardous meteorological conditions;

(p) procedures and instructions relating to the handling and carriage of dangerous goods;

(q) such operational specifications as may be prescribed by CASA from time to time.

1.2 Each operator must include separate specific sections in the operations manual devoted to:

(a) operational specifications; and

(b) permissible unserviceabilities.

1.3 Each operator must ensure that the presentation and form of the operations manual is such that it:

(a) can be conveniently carried; and

(b) permits quick, clear and accurate reference; and

(d) is durable.