I, SHANE PATRICK CARMODY, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 210A and subregulation 215 (3) of the Civil Aviation Regulations 1988, subregulation 11.068 (1) of the Civil Aviation Safety Regulations 1998, and paragraph 28BA (1) (b) and subsection 98 (4A) of the Civil Aviation Act 1988.
Shane Carmody
Director of Aviation Safety
25 June 2020
Civil Aviation Order 48.1 Amendment Instrument 2020 (No. 1)
This instrument is the Civil Aviation Order 48.1 Amendment Instrument 2020 (No. 1).
This instrument commences on the day of registration.
3 Amendment of Civil Aviation Order 48.1 Instrument 2019
Schedule 1 amends Civil Aviation Order 48.1 Instrument 2019.
Schedule 1 Civil Aviation Order 48.1 Instrument 2019
[1] Paragraph 5.1
insert
Fatigue Compliance Declaration form means the CASA form of that name, approved in writing by CASA from time to time.
Note The Fatigue Compliance Declaration form is available on the CASA website.
[2] Paragraph 5.1, definition of transition date
repeal and substitute
transition date, for an AOC holder or a Part 141 operator (the person) means:
(a) 1 July 2021 — unless subparagraph (b) applies; or
(b) 1 October 2021 — but only if the person:
(i) is:
(A) an AOC holder, other than an AOC holder engaged in regular public transport (RPT) operations in high capacity aircraft to whom CAO 82.5 applies; or
(B) a Part 141 operator; and
(ii) applied to CASA for an FRMS on or before 30 June 2021.
Note If the 30 June 2021 application date mentioned in sub-subparagraph (b) (ii) of the definition of transition date is not complied with by relevant AOC holders and Part 141 operators, a trial FRMS approval under Appendix 7 will not be issued by CASA for the 1 October 2021 transition date and operators must be operating under 1 or more of the other Appendices, with or without minor variation, from 1 July 2021.
[3] After subsection 5A
insert
5AB Fatigue Compliance Declaration form and operations manual — submission to CASA
5AB.1 For an AOC holder or a Part 141 operator (the person) to whom this subsection applies:
(a) the person’s AOC is subject to the condition that the AOC holder must comply with this subsection; and
(b) the person’s Part 141 certificate is subject to the condition that the Part 141 operator must comply with this subsection.
Note A person would be in breach of its AOC conditions (for a person who is an AOC holder) or of the regulation 11.068 of CASR conditions imposed on its Part 141 certificate by virtue of this Civil Aviation Order (for a person who is a Part 141 operator) if the person fails to comply with this subsection. A breach of such conditions is considered by CASA to be a serious infringement and can result in suspension or cancellation of a certificate.
5AB.2This subsection applies to a person who is an AOC holder or a Part 141 operator (the person) to whom, by virtue of a relevant provision of subsection 5, this CAO takes effect on and from:
(a) 1 July 2021; or
(b) for a person to whom paragraph 5.7 applies — the specified date.
5AB.3 Not later than 1 July 2021 or the specified date, as the case requires, the person must submit to CASA:
(a) a signed, dated, accurate and completed Fatigue Compliance Declaration form for the operations that the person will conduct on and after 1 July 2021 or the specified date (the operations); and
(b) the person’s up-to-date operations manual for the operations.
Note These materials may be submitted to CASA at any time up to and including, but not later than, 1 July 2021 or, for opted in operators, the specified date. Early submission is encouraged.
5AB.4 In this subsection:
operations manual:
(a) for an AOC holder — has the same meaning as in regulation 215 of CAR; and
(b) for a Part 141 operator — has the meaning given by regulation 141.030 of CASR.
[4] Subsection 6, definition of AOC holder, or holder
omit
except in subsections 4 and 5
insert
except in subsections 4, 5 and 5AB