passenger transport services and international cargo operations

Issued as part of the process of public consultation by CASA’s Regulatory Development Management Branch

Document NPRM 0808OS – February 2009

Notice of Proposed Rule Making

Passenger Transport Services

and International Cargo Operations – Small Aeroplanes

Proposed Part 135 of the

Civil Aviation Safety Regulations 1998 (CASR)

This Notice of Proposed Rule Making (NPRM) will be of interest to: • Air Operators involved in current Charter and Low Capacity Regular Public

Transport (LCRPT) operations (passenger and cargo) in small aeroplanes. • Personnel including flight crew members, ground and support personnel involved in

the operation of small aeroplanes that are currently engaged in Charter and LCRPT aviation operations.

• Travelling public.

Notice of Proposed Rule Making Passenger Transport

Services and International Cargo Operations – Small

Aeroplanes

Document NPRM 0808OS Page 1 of 26

Foreword This NPRM is issued by the Civil Aviation Safety Authority (CASA) as part of its program of regulatory reform to replace current Civil Aviation Regulations 1988 (CARs) and Civil Aviation Orders (CAOs) with Civil Aviation Safety Regulations 1998 (CASRs). CASA policies require that the aviation safety regulations must:

• be necessary to address known or likely safety risks; • provide for the most efficient allocation of Industry and CASA resources; • where appropriate, be aligned with international standards; • be drafted in outcome based terms, to the maximum extent practicable; and • be clear and concise. Proposed CASR Part 135 addresses passenger transport services and international cargo operations in small aeroplanes with a maximum approved passenger seat configuration of 9 in aeroplanes of 8640 kg maximum take-off weight (MTOW) or less, for holders of an Air Operator’s Certificate (AOC) issued under proposed CASR Part 119. The proposed Part 135 regulations will effectively update and replace current regulations that apply to Regular Public Transport (RPT) and Charter operations using small aeroplanes.

Context of this NPRM This NPRM should be read together with NPRM 0807OS entitled Passenger Transport Services: Terminology in and Application of new CASR Parts 119, 121, 129, 131, 133 and 135. That NPRM proposes that the term ‘passenger transport service’ be used to replace current Charter and Regular Public Transport terminology in existing legislation and that this term be interpreted to mean services for the transportation of passengers that are provided to the public, whether or not the service is conducted for hire or reward. This includes:

• flights where individual seats on the aircraft are offered to the public; and • flights where all or some of the capacity of the aircraft is offered for hire to persons

generally. Readers should note that the conduct of passenger transport services and international freight operations in small aeroplanes will require the issue of an AOC under proposed CASR Part 119. CASA will be issuing an NPRM for Part 119 in the coming weeks. This CASR Part 135 NPRM is supplemented by a CASR Part 121.Z NPRM that is being issued at the same time. The Part 121.Z NPRM relates to Passenger Transport Services in Approved Single Engine Aeroplanes that carry more than 9 passengers.



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Readers should further note that CASA will subsequently be issuing two separate consultation documents related to passenger and cargo transport on small aircraft. These will be:

• an NPRM related to domestic cargo only operations; and • a Discussion Paper on air experience, joyflights and scenic flights and whether these

may be conducted without an AOC and without full compliance with the normally applicable passenger transport rules. .

The NPRM and Discussion Paper will be issued in the coming weeks. This CASR Part 135 NPRM builds on the proposals published in NPRM 0307OS July 2003 on then proposed CASR Part 121B-Air Transport Operations –Small Aeroplanes, in the context of subsequent decisions and directions announced by CASA Chief Executive Officer (CEO) Bruce Byron. It is important to note, the Part 135 NPRM is specific to publicly available Passenger Transport Services and International Cargo Operations which is intended to be ‘safest in class’ and it should be read in that context.

Proposed changes in a Page The time-conscious reader will obtain a quick appreciation of this NPRM through the Proposed Changes in a Page (NPRM Section 1).

A text synopsis of the proposed changes is provided as background (NPRM Section 2).

If you require complete information about the changes, refer to the unsettled draft proposal for CASR Part 135 in Annex A, and the draft Acceptable Means of Compliance and Guidance Material included in Annex B.

How you can help us CASA is responsible under the Civil Aviation Act 1988, amongst other functions, for developing and promulgating appropriate, clear and concise aviation safety standards. In the performance of this function and the exercise of its powers, CASA must, where appropriate, consult with government, commercial, industrial, consumer and other relevant bodies and organisations.

Civil Aviation Act 1988 Subsection 9(1)(c) and Section 16

“CASA is committed to cooperating with the aviation community to maintain and enhance aviation safety. This is reflected in CASA regulatory development activities that are transparent, inclusive and consistently applied.”

CASA Regulatory Development Management Manual, 1.2


Services & International Cargo Operations – Small

Aeroplanes


To ensure clear and relevant safety standards, we need the benefit of your knowledge as an aviator, aviation consumer and/or provider of related products and services by completing the Response Form (in this NPRM or online) and returning it to CASA by 10 April 2009.

Implementation Schedule CASR Part 135 will be made and brought into effect as part of the operational suite of CASRs that includes:

• CASR Part 91 – General Operating and Flight Rules; • CASR Part 119 – Management Systems and Certification – Passenger Transport

Services and Cargo Operations; • CASR Part 121 – Passenger Transport Services and Cargo Operations – Large

Aeroplanes; • CASR Part 129 – Air Operators Certification - Foreign Operators • CASR Part 133 – Passenger Transport Services and Cargo Operations – Rotorcraft. I would like to thank you for expressing interest in this proposal and emphasise that no rule changes will be undertaken until all NPRM responses and submissions received by the closing date 10 April 2009 have been considered.

Greg Vaughan General Manager Regulatory Implementation

16 February 2009



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INTENTIONALLY LEFT BLANK



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Contents

Abbreviations ............................................................................................. 61. The Consultation Process .................................................................... 7What CASA does with your comments .................................................................. 102. Proposed Changes in a Page ............................................................... 113. Synopsis of Change Proposals ........................................................... 12

3.1 Purpose of this NPRM ............................................................................. 123.2 Background ............................................................................................. 123.3 Reasons for change ................................................................................ 123.4 Objective .................................................................................................. 133.5 Key change proposals ............................................................................. 133.6 Benefits and impacts ............................................................................... 143.7 Implementation and review ...................................................................... 18

NPRM Response Form ............................................................................... YOU CAN RESPOND ONLINE OR BY FAX, POST OR E-MAIL

19

A web-based online response form is offered as an alternative to the printed form in this NPRM. Online submission is the preferred method of sending your comments to CASA. If you are connected to the Internet, type casa.gov.au/newrules/ors into your web browser and follow the links for this NPRM.

Annex A – Proposed Civil Aviation Safety Regulations (CASR) Part 135 –Passenger Transport Services and International Cargo Operations – Small Aeroplanes ................................................................ A1Annex B – Draft Acceptable Means of Compliance and Guidance Material for CASR Part 135 – Passenger Transport Services and International Cargo Operations – Small Aeroplanes ............................... B1Annex C – Differences between Proposed CASR Part 135 and ICAO Annex 6, Part 1 ........................................................................................... C1



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Abbreviations

AIP Aeronautical Information Publication AMC Acceptable Means of Compliance AOC Air Operator’s Certificate ASEA Approved Single-Engine Aeroplane (formerly ASEPTA) CAR Civil Aviation Regulations 1988 CASA Civil Aviation Safety Authority CASR Civil Aviation Safety Regulations 1998 CAO Civil Aviation Order CEO Director of Aviation Safety and CASA Chief Executive

Officer EASA European Aviation Safety Agency GM Guidance Material ICAO International Civil Aviation Organization IFR Instrument Flight Rules LCRPT Low Capacity Regular Public Transport MOS Manual of Standards MTOW maximum takeoff weight NFRM Notice of Final Rule Making NPRM Notice of Proposed Rule Making OLDP Office of Legislative Drafting and Publishing (of the

Attorney-General’s Department) RPT Regular Public Transport SARPS Standards and Recommended Practices (of ICAO) SCC Standards Consultative Committee TAWS terrain awareness warning system VMC Visual Meteorological Conditions



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1. The Consultation Process 1.1 CASA is committed to working in cooperation with the aviation industry to maintain and enhance aviation safety. The Standards Consultative Committee (SCC) is a joint industry/CASA forum set up to involve the aviation industry formally during the development phase of regulatory proposals. 1.2 CASA published Notice of Proposed Rule Making – NPRM 03070S Air Transport Operations - Small Aeroplanes on 29 July 2003 for public comment. http://casa.gov.au/newrules/parts/121/download/nprm0307os.pdf 1.3 The 2003 NPRM sought public comment on a proposed CASR Part 121B that would prescribe the operating and maintenance rules applying to the operation of small aeroplanes, i.e. aeroplanes with a 5700kg MTOW or less, engaged in air transport operations. It was proposed that those rules would have applied either in addition to, or in substitution for, the rules proposed in CASR Part 91. The NPRM introduced a proposal to set in place a common level of safety for both current Charter and Low Capacity Regular Public Transport (LCRPT) operations in small aeroplanes. The same safety level would apply irrespective of whether an operation was scheduled or non-scheduled. This accords with International Civil Aviation Organization (ICAO) Annex 6, Part I (International Commercial Air Transport – Aeroplanes), with some exceptions to take into account Australian remote area operations. 1.4 Some 106 comments to the proposals contained in NPRM 0307OS were received. Review of Proposed CASR Part 121B 1.5 On 3 February 2004, Mr Bruce Byron, CASA's CEO, issued Directive 1/2004 to the Standards Consultative Committee (SCC) tasking it to review the option of creating a Part 135 (to include 'air taxi' operations) in addition to proposed Parts 121A - Air Transport Operations (Large Aeroplanes), and Part 121B - Air Transport Operations (Small Aeroplanes), of the CASRs. The CEO also sought a recommendation on the appropriate divisions between the Parts. 1.6 At its 11 February 2004 meeting, the SCC asked its Operational Standards Sub-committee ('the Sub-committee') to establish a small project team of 2-5 representatives, co-chaired by the industry and CASA, to conduct the review and report back to the SCC. The Sub-committee established a Working Group at its 12 February 2004 meeting for this purpose, and asked that the group prepare a Position Paper recommending the way forward, by 5 May 2004.



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1.7 The Working Group completed its review in early March 2004.The group’s primary recommendations to the CASA CEO’s Directive were to rename Part 121B as Part 135, and to rework the suite of Part 121B regulations to incorporate a graduated approach to the regulation for air transport operations in aeroplanes of 5700 kg MTOW or less based on the maximum certified passenger-seating capacity. 1.8 Specifically, the Working Group recommended that:

• the appropriate structure for classifying air transport operations in the Australian regulatory framework is the one currently proposed - i.e. large aeroplanes and small aeroplanes demarcated according to MTOW of 5700 kg;

• CASR Part 121A be renamed to Part 121, Air Transport Operations – Large Aeroplanes, and Part 121B be renamed to Part 135, Air Transport Operations – Small Aeroplanes providing for a variation to the standards depending on the number of passengers carried;

• an NPRM be developed for the proposed Part 135 and circulated to industry for comment; and

• a user-friendly guide be developed to assist industry with understanding the regulations.

1.9 In November 2004, the CEO introduced CEO Directive 016/2004 Development of Regulations and the Regulatory Framework that provided detailed guiding principles for the development of the regulatory framework and regulations. 1.10 Subsequent to the November 2004 directive, the development of the passenger carrying operations regulations was suspended while CASA undertook a study of the European Aviation Safety Agency (EASA) regulatory framework. In addition, a project was set up to develop CASA’s industry sector oversight priorities for the future. 1.11 In April 2007 the CEO Policy Notice – CEO - PN001 – 2004 - issue two ‘CASA’s Industry Sector Priorities and Classification of Civil Aviation Activities’ http://casa.gov.au/corporat/policy/notices/CEO-PN001-2004.pdf was introduced. This policy notice dealt with the need for CASA to prioritise its activities, and in doing so, to focus particularly on the interests of the air travelling public including the need for CASA to devote its resources accordingly. The document set out CASA’s policy on classifying aviation activities conducted by civil aircraft, both as a matter of public policy and for the purposes of providing a risk–based framework for establishing safety outcome-based rules under the Civil Aviation Act. 1.12 On 18 June 2007 CEO Directive 001/2007 - Development of Regulations and the Regulatory Framework, http://casa.gov.au/corporat/ceo/directives/DIR001_2007.pdf - was issued to replace Directive 016/2004. The new directive although similar to the original, placed more emphasis on the requirement to develop regulations with consideration of addressing CASA’s Industry Sector Priorities and Classification of Civil Aviation Activities policy.



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1.13 On 10 October 2007 a decision by the CEO was published in a letter to the SCC Chair to clarify that the applicability of aircraft operations under Part 135 would be aeroplanes of a maximum configured seating of 9 passengers seats.

1.14 In November 2007 a project team was established to build on the proposal of the original Part 121B NPRM in the context of subsequent CEO directives and policy notices. The project team members are listed below.

1.15 The Part 135 industry project team conducted four workshops to develop the current draft regulatory policy. The project team recommendations resulting from the workshops have been incorporated in this NPRM for proposed CASR Part 135.

1.16 Proposed CASR Part 135 is at a mature stage of development and following the NPRM consultation phase will be formally drafted by the Office of Legal Drafting and Publication of the Attorney General’s Department (OLDP). 1.17 The draft regulations contained in Annex A in this NPRM have been developed using where possible original draft text from previously developed regulations by the OLDP. Text in italics represents new text to that previously consulted by CASA. 1.18 The team of people involved in the development and formulation of the proposals contained in this NPRM consisted of the following industry and CASA representatives:

Industry Brian Candler - representing the Regional Aviation Association of Australia (RAAA) Miles Currington - representing the Australian Business Aircraft Association (ABAA) Steven Donohue - representing the Airtex Aviation Pty Ltd Peter Gash - representing Seair Pacific Pty Ltd Sally Thomson - representing the Australian Business Aircraft Association (ABAA) Richard Higgins - representing the Air South and Australian Federation of Air Pilots Malcolm Lynch - representing the Queensland Police Air Wing Gavin Turner - representing the Queensland Government Air Wing Paul Tyrrell - representing the Regional Aviation Association of Australia (RAAA) Terry Wesley Smith - representing the Regional Aviation Association of Australia (RAAA) Nigel Wettenhall - representing the Wettenhall Air Services Pty Ltd

CASA John Grima – Program Manager, Regulatory Development Management Branch Andrew Ward – Acting Program Manager, Regulatory Development Management Branch Stuart Jones – Part 135 Project Leader Peter Robbins – Part 91 and Part 121 Project Leader Dale South – Part 133 Project Leader



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What CASA does with your comments 1.19 At the end of the response period for public comments, all submissions will be analysed, evaluated and considered. Subsequent to the closing date for comments, a Notice of Final Rule Making (NFRM) including a Summary of Responses will be prepared, and made publicly available in conjunction with the making of the Final Rule. 1.20 CASA is required to register each comment and submission received, but will not individually acknowledge a response unless specifically requested. However, the names of contributors will be published in the subsequent NFRM, except where CASA is specifically requested not to do so.



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2. Proposed Changes in a Page INTERNATIONAL

STANDARDS EXISTING

AUSTRALIAN STANDARDS CASR PART 135 – Proposed New Standards

ICAO Standards and

Recommended Practices

(SARPS) Annex 6, International

Commercial Air Transport

Aeroplanes

EU OPS Part 1

Canadian CAR Standards 723 Air taxi

NZ CAA Part 135 US FAR’s Part 135

Objectives • To consolidate into one CASR Part the regulatory and operational requirements for the conduct of

Passenger Transport Services and International Cargo operations in aeroplanes having a maximum of 9 passenger seats, up to 8640 kg MTOW.

• To take into account CASA’s Industry Sector Priorities and Classification of Civil Aviation Activities policy and CEO Directive 01/2007.

• To develop the regulations on the basis of known or likely safety risks that cannot be addressed adequately by non regulatory means and aligned to standards and practises of other leading aviation countries unless differences are required to address the Australian aviation environment.

Key Proposed Changes • Aerodrome requirements aligned to CASR Part 139 MOS unless otherwise approved. • More comprehensive provisions for fuel to be carried supported by an Acceptable Means of Compliance

(AMC). • Introduction of an ‘approach ban rule’ for precision and non precision approaches. • Adoption of the current charter practice for single engine aircraft when over water beyond gliding

distance from land, however life rafts to be carried in addition to life jackets. • For Approved Single-Engine Aeroplanes (ASEA) the ability to provide a safety case to CASA for

approval for operations over water beyond 25 nm. • Weight and balance regulation with options to determine passenger weights supported by an AMC. • More flexible/practical runway take-off and landing performance requirements to cover the various

kinds of operations under Part 135. • Autopilot unserviceable allowed in Visual Meteorological Conditions (VMC) by day only unless with

two pilots. • Terrain awareness warning system (TAWS) required for Instrument Flight Rules (IFR) aeroplanes of 6

passengers or more. • Move from flight hours as the qualifier for competency and making it an operator responsibility to

determine experience and ensure competency prior to unsupervised line operations. • Mandatory ongoing training and checking of all pilots scaled to the nature of the operation. • Requirement for the carriage of first aid kits.

Existing CAAPs as applicable

Civil Aviation

Act 1988

Civil Aviation

Regulations 1988

CAAPs

Part 135 Civil

Aviation Orders:

CAO 82.0 CAO 82.1 and 82.3

GM and AMC

Civil Aviation

Act 1988



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3. Synopsis of Change Proposals

3.1 Purpose of this NPRM 3.1.1 The purpose of this NPRM is to continue and finalise the formal consultation on the proposed CASR Part 135 (formerly Part 121B) titled Passenger Transport Services and International Cargo Operations - Small Aeroplanes. This follows on from previous consultation of the then proposed CASR Part 121B, through NPRM 0307OS (in July 2003), and subsequent Industry Project Group reviews, recommenced November 2007 as proposed CASR Part 135.

3.2 Background 3.2.1 This NPRM introduces a revised approach to the comprehensive regulatory regime to that previously proposed by CASA relating to passenger transport services in small aeroplanes (now defined as aeroplanes having 9 passenger seats or fewer and with a MTOW of 8640 kg or less). It includes a revised regulatory framework for proposed CASR Part 135 depending on operational characteristics and number of passengers based on the SCC Working Group recommendations and CASA’s CEO directions and policy statements.

3.3 Reasons for change 3.3.1 It is Government policy to minimise the distinction between charter and RPT (scheduled services verses non-scheduled) operations. 3.3.2 CEO – PN001 – 2004 issue Two - April 2007, CASA’s Industry Sector Priorities and Classification of Civil Aviation Activities requires aviation activities to be regulated based on:

• the risks to the persons involved; • the understanding, acceptance and control of the risks by those persons; and • public expectations as to how their safety and the safety of aviation activities

generally will be regulated by CASA. 3.3.3 The CEO decision letter to the Standards Consultative Committee on 10 October 2007 stated that the ‘split’ between CASR Part 121 and 135 is to be based principally on aeroplane passenger seating configuration and that CASR Part 135 would encompass aeroplanes with 9 or fewer passengers. The original threshold for application of either Part was based on a MTOW of 5700 kg.



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3.4 Objective 3.4.1 The main objectives of the proposed restructured regulations for Part 135 are to set the minimum acceptable standards applicable to all operators when operating small aeroplanes in Passenger Transport Services and International Cargo Operations but also to allow sufficient flexibility for the regulations to be adaptable to the changing aviation environment, by:

• developing the regulations in a two tier framework where possible (Act and Regulations) that is supported by instructions in the form of guidance material (GM) or where applicable an acceptable means of compliance (AMC) with the CASRs;

• taking into account CASA’s Classification of Activities policy and the priority given by the policy to passenger carrying activities;

• developing the regulations on the basis of addressing known or likely safety risks that cannot be addressed adequately by non regulatory means;

• aligning with the standards and practises of leading aviation countries, unless differences are required to address the Australian aviation environment and these differences can be justified on safety risk grounds;

• wherever possible, drafting the regulations to specify the safety outcome required, unless, in the interest of safety, and to address known or likely aviation safety risks, more prescriptive requirements need to be specified;

• drafting the regulations as clearly and concisely as possible; • presenting as far as practicable, the regulatory requirements in a way that do not

rely significantly on exceptions or exemptions; • providing appropriate passenger transport rules for small aeroplanes so CASA

can achieve its corporate objective of safe skies for all and at the same time minimise requirements and costs that are not necessary for the safety of the travelling public; and

• ensuring that the rules do not reduce CASA’s ability to realise positive safety benefits for the travelling public.

3.5 Key change proposals 3.5.1 The key change proposals are as follows:

• aerodrome requirements aligned to those in existing legislation (CASR Part 139 Manual of Standards (MOS) including an ability for CASA, subject to conditions and being satisfied it is safe, to provide an approval for use of an aerodrome of a lesser standard than that in the Part 139 MOS;

• more comprehensive provisions for fuel to be carried, similar to those proposed for large aeroplanes in CASR Part 121 and supported with an AMC;

• adopting the current air charter operations practice of single engine aircraft operating over water beyond gliding distance (i.e. up to 25 nm from a safe forced landing area) however, in addition to life jackets the carriage of a life raft to be required;



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• for operations beyond 25 nm from a safe forced landing area when over water, the ability for an operator of an ASEA to present to CASA a risk management strategy for consideration and approval in accordance with ICAO Annex 6 standards;

• weight and balance regulations providing three options for operators to determine passenger weights under the AMC concept. This allows flexibility for operators for either adopting CASA’s AMC or the ability to provide an alternative method;

• more flexible and practical aeroplane performance requirements across the range of operations under Part 135, offering an ability via CASA approval to adopt alternative take off and landing performance requirements, aligned to training and checking or special procedures;

• for single pilot operations, the autopilot to be serviceable prior to commencement of the flight, unless crewed by a second pilot or the aeroplane can be operated in VMC by day;

• introduction of a regulation concerning the commencement and continuation of an instrument approach – often referred to as an ‘approach ban’ – which will, in summary, prevent the pilot in command continuing an approach beyond the final approach point if the reported visibility or controlling runway visual range (RVR) is continuously less than the minimum specified for the approach;

• the requirement for all aircraft that operate under the IFR when carrying 6 or more passengers to be equipped with a terrain awareness warning system Class B (TAWS B);

• pilot experience requirements replaced by requirements for the operator to train its pilots for their unique operation and certify them as competent before undertaking unsupervised flights — this will apply to inexperienced pilots as well as those new to an operator (essentially moving away from flight hours as the qualifier and applying a competency based process);

• all flight crew members to be subject to recurrent training and checking requirements, scaled to the nature and complexity of the operation;

• the ability for operators who undertake a program of training and checking under an approved flight simulator training organisation to allow for the reduction in the proficiency check component of the recurrent training and checking requirement; and

• reintroduction of the requirement for first aid kits in Part 135 aircraft.

3.6 Benefits and impacts 3.6.1 The current proposed Part 135 is based on the original Part 121B, described in the Consultation section of this NPRM and forms the passenger air transport services regulations for small aeroplanes. It supports the originally proposed Part 119 Air Operator Certification regulations. The costs and benefits of that original proposal can be viewed on the CASA website http://casa.gov.au/newrules/parts/119/index.asp.



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3.6.2 The provisions in CASR Part 135 as proposed will underpin safe operations for small aeroplanes engaged in passenger transport services and international cargo operations that are certified under the proposed CASR Part 119 - Operator Management System and Certification Passenger Transport Services and Cargo Operations. As such, and in accordance with Australia’s obligations as an ICAO Contracting State, they add a substantial layer of safety to such operations over and above that provided by the basic aircraft operating rules of CASR Part 91. 3.6.3 Many of the changes proposed in Part 135 are considered minor and simply formalise existing arrangements. Others reflect a more practical approach to current requirements. However, additional requirements have been introduced with regard to recurrent training and checking to that currently required under CAO 82.1. These will deliver a more assured continuation of flight crew competency. 3.6.4 The final proposals reflect the graduated risk response proposed by CASA’s Industry Sector Priorities and Classification of Civil Aviation Activities policy and the CEO Directive 001/2007 Development of Regulations and the Regulatory Framework, for the combined charter and regular public transport rule set. 3.6.5 The safety enhancements outlined above will result in some additional costs, principally for existing Charter operators. The CEO decision to limit passenger aeroplanes to 9 passenger seats under Part 135 may affect some operators, for example some operators of Cessna 400 series aeroplanes. The impact is likely to be minor, if any, as the project team members indicated these aircraft are range limited with more than 9 passengers and it is mostly impractical to roster the aeroplane for the carriage of more than 9 passengers. It should be noted that the limitation of 9 passenger seats does not prevent an operator from carrying two infants or children that can be accommodated on the one passenger seat. CASA is considering a transitional period for affected operators. 3.6.6 The introduction of a regulation titled ‘Commencement and continuation of approach, (‘approach ban’ - refer 135.405) will align with ICAO Annex 6 Part I and the regulations of other leading aviation countries that include NZ, USA, Canada, the European Union and UK. This requirement is intended to minimise the risks associated with multiple missed approaches from the minima when in all probability because of the reported RVR or visibility being continuously below the minimum, the aeroplane is unlikely to execute a normal landing. 3.6.7 LCRPT operators are currently required to provide training and checking under regulation 217 of CAR 1988; Charter operators of aeroplanes having a MTOW not exceeding 5700 kg are generally exempt from this requirement. The impost of the training and checking requirements proposed would therefore be greatest on those operators who are currently not required to undertake this function. However, the proposals will allow operators to contract out training and checking to a proposed CASR Part 142 training and checking operator, as opposed to providing the function “in-house”.



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This will reduce the operational impact for those operators that do not wish to provide their own training and checking function. It is expected many operators will already have most of the expertise required to achieve the majority of the training and checking using internal resources. Many current chief pilots may already hold relevant acceptable qualifications that would entitle them to be issued with the relevant instructor rating (not the same as the present instructor rating but an instructor rating with the relevant training endorsement) or examiner rating under proposed Part 61- Flight Crew Licensing. New applicants, following training, should be able to qualify for the instructor rating with the appropriate training endorsement and or examiner rating under Part 61. 3.6.8 Currently LCRPT single pilot operations require a serviceable autopilot for all IFR operations unless crewed with a second pilot. Under current Charter IFR rules, the autopilot may be unserviceable for up to 3 days. The proposed regulation requires an autopilot to be serviceable for all operations unless the aeroplane can be operated in VMC by day only or is crewed by a second pilot. This will allow relief for current LCRPT operators but will be a slightly more restrictive requirement for current Charter operators. The project group believes that an auto pilot is essential in IFR (non VMC), or at night when an aeroplane is operated by a single pilot. However, it was considered that operations in VMC by day without an autopilot was acceptable. This would allow an aircraft to return to a maintenance facility or operate in areas, where weather conditions permitted, for a considerable period until repairs could be carried out. It is believed there would be a minimal impact on the industry as there is also the option of crewing the aircraft with a second pilot. 3.6.9 Under existing regulation 258 of CAR 1988 operations in single-engine land aeroplanes beyond gliding range from land are prohibited. However, the Aeronautical Information Publication (AIP) details a variance for passenger Charter operations from this requirement provided that the aeroplane remains within 25 nm of land and carries a life jacket for each occupant. The proposed regulation supports the existing ability for Charter operators by retaining the 25 nm limit for all passenger transport services under Part 135. The additional requirement for the carriage of a life raft will add some additional cost. When taking into account the ICAO standard, world’s best practice, and risk to the passenger, the life raft requirement is considered reasonable. The Part 135 industry project team advised that modern life rafts are less expensive and much smaller and lighter than life rafts of the past. The industry project team believes there could be no justification to omit a regulation for the carriage of a life raft when applying risk mitigation strategies in these types of operation.



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3.6.10 Additional distance for over water operations for ASEA was considered. To have a simple regulation to cover all possibilities when considering the ICAO Annex 6 standard is not possible. Therefore the Part 135 regulation will allow consideration by CASA of an application from an operator of an ASEA who wishes to operate to a greater distance from land. However, the operator will be required to present a safety case to CASA explaining how the operator intends to mitigate the risks of conducting such an operation. 3.6.11 The costs and benefits of mandating TAWS B equipment for IFR aeroplanes carrying 6 to 9 passengers has been assessed by CASA. Equipment and fitment costs are forecast to be approximately $23,000 per aeroplane. Options to offset these additional costs are under consideration by the Government. Benefits are expected to flow to the industry from increased public confidence with this equipment fit to small aeroplanes in which passenger operations are conducted, as the overall accident rate is expected to reduce. 3.6.12 The proposed new Part 135 rules would eliminate most of the differences between current regulatory provisions and the standards in ICAO Annex 6 – Operation of Aircraft - Part I – International Commercial Air Transport – Aeroplanes, and will support the systems-based approach to safety regulation being adopted by CASA. 3.6.13 In many respects, the introduction of CASR Part 135 will result in codification of sound operating practice already employed by many operators in relation to small aeroplanes. Accordingly, the impost on many operators is expected to be low, while at the same time providing the significant benefit of improved safety performance particularly for existing Charter flights involving small aeroplanes. In this regard the proposed Part 135 operating rules and proposed Part 119 certification requirements will apply to both scheduled and non-scheduled (RPT and Charter) operations without distinction. 3.6.14 Offences, Penalties and Penalty Units - It is a requirement of the law that offences and penalties be specified in any legislation establishing offences and imposing penalties. It is the policy of the Commonwealth Government that the maximum penalty a court may impose for a regulatory breach not exceed 50 penalty units. The current value of a penalty unit is specified in section 4AA of the Crimes Act 1914 as $110. It is usual that offences created in respect of regulations involving the public safety are formulated as offences of strict liability. Strict liability offences do not require proof of intent or fault. Proof of the physical elements of such offences, however, must meet the highest evidential standard (i.e., proof ‘beyond a reasonable doubt’). The Criminal Code Act 1995 provides that the defence of reasonable mistake of fact is available in connection with alleged offences of strict liability. There are also a number of circumstances specified in Part 2.3 of the Criminal Code Act under which no criminal responsibility attaches to conduct that might otherwise constitute an offence.



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3.6.15 The specification of offences and penalties in this Part will be determined on the basis of offences and penalties included in corresponding provisions in existing legislation and other relevant CASR Parts, in accordance with the criminal justice policy of the Commonwealth and in consultation with the Attorney-General’s Department.

3.7 Implementation and review 3.7.1 It is expected that CASR Part 135 will be approved by the Governor-General in late 2010/early 2011 and implemented in 2011, as part of the suite of Operational CASR Parts dealing with passenger transport services, being Parts 91, 119, 121, 129, 133 and 135. 3.7.2 An implementation/transition phase for Part 135 will start after the Governor-General has made the regulations. Under the Civil Aviation Act 1988, it is not possible for CASA to issue transitional AOCs. However, CASA is committed to advising each operator who holds a valid AOC when Parts 121, 135 and 133 commence how to legally continue operating and to transition from the requirements of CAR 1988 to those of CASR 1998. 3.7.3 The purpose of the implementation/transition phase will provide for Australia wide education and training programs, development and approval of necessary (operational) manuals, adjustment of delegations/authorisations, changes to regulatory services fees/charges, development and approval of procedures and the application of the new rules. 3.7.4 The monitoring and review of the new regulations would be conducted on an ongoing basis during the implementation/transition phase. Thereafter, following the commencement of the regulations, monitoring and review would be conducted on an as required basis. CASA endeavors to conduct post implementation reviews of new CASR Parts within 1-2 years.



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NPRM Response Form PASSENGER TRANSPORT SERVICES AND INTERNATIONAL

CARGO OPERATIONS – SMALL AEROPLANES – PROPOSED CASR PART 135

Please complete your response by 10 April 2009 and return it by one of the following means:

Online (Preferred method) casa.gov.au/newrules/ors

Fax 1800 653 897 (free call)

Post (no stamp required) CASA Regulatory Development Management Branch

Reply Paid 2005 Canberra ACT 2601, Australia

E-mail [email protected]

* A web-based online response form is offered as an alternative to the printed form in this NPRM. Online submission is the preferred method of sending your comments to CASA. If you are connected to the Internet, type casa.gov.au/newrules/ors into your web browser and follow the links for this NPRM.

Your Details Please provide relevant information below and indicate your acceptance or otherwise of the proposal presented in this Notice of Proposed Rule Making by ticking [ ] the appropriate boxes.

Your name: ______________________________________ ARN* (if known): Organisation: ____________________________________ ARN* (if known): Address: _____________________________________________________________________ _____________________________________________________________________________

*Aviation Reference Number, usually your CASA-issued licence or certificate number

Your telephone number (optional): ___________________ (to enable the Project Leader to contact you as necessary)

Do you consent to have your name published as a respondent to this NPRM? YES [ ] NO [ ]

Signed: ………………………………………….. Date: ………………….…

How are you responding to this questionnaire/proposal, i.e. whose views are represented in your response?

Private individual

Aviation industry body/association

Staff association/ union

Government agency/authority/ department/council

Aviation business owner/ service provider

Other

Please advise your main involvement in aviation: Passenger/

public consumer of aviation services

Air crew for passenger-carrying activities

Air crew for non-passenger-carrying activities

Ground support for passenger-carrying activities

Ground support for non-passenger carrying activities

Other (specify below*, e.g. parachutist)

* Details: ____________________________________________________________________

Are you satisfied with CASA’s consultation on this issue? Very satisfied Satisfied No opinion Dissatisfied Very dissatisfied



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Key Change Proposals (refer to NPRM Section 3)

CASA invites you to advise your comments on the subject matter proposed in this NPRM by indicating your preference by ticking [ ] the appropriate box and commenting below:

Key Proposal 1 – Aerodrome requirements aligned to those in existing legislation (CASR Part 139 MOS) including, an ability for CASA, subject to conditions and being satisfied it is safe, to provide an approval for use of an aerodrome that does not meet all the published standards [ ] proposal is acceptable without change [ ] changes would improve it, but it is acceptable (please provide details below) [ ] changes would make it acceptable (please provide details below) [ ] not acceptable under any circumstances

Comments or suggested changes (including an estimate of additional costs/impacts if applicable): _ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________

Key Proposal 2 – More comprehensive provisions for fuel to be carried similar to those proposed for large aeroplanes in CASR Part 121, and support the rule with an AMC [ ] proposal is acceptable without change [ ] changes would improve it, but it is acceptable (please provide details below) [ ] changes would make it acceptable (please provide details below) [ ] not acceptable under any circumstances

Comments or suggested changes (including an estimate of additional costs/impacts if applicable): __ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________

Key Proposal 3 – Introduction of the’ approach ban’ regulation (see 135.405) [ ] proposal is acceptable without change [ ] changes would improve it, but it is acceptable (please provide details below) [ ] changes would make it acceptable (please provide details below) [ ] not acceptable under any circumstances




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Key Proposal 4 – Adopting the current Charter practice of single engine aircraft operating over water beyond gliding distance (i.e. up to 25 nm from a safe forced landing area) however, in addition to life jackets, the carriage of a life raft to be required [ ] proposal is acceptable without change [ ] changes would improve it, but it is acceptable (please provide details below) [ ] changes would make it acceptable (please provide details below) [ ] not acceptable under any circumstances


Key Proposal 5 – More flexible and practical aeroplane performance requirements across the range of operations under Part 135, offering an ability via CASA approval to adopt alternative take-off and landing performance requirements, aligned to training and checking or special procedures [ ] proposal is acceptable without change [ ] changes would improve it, but it is acceptable (please provide details below) [ ] changes would make it acceptable (please provide details below) [ ] not acceptable under any circumstances


Key Proposal 6 – Weight and balance regulations providing three options for operators to determine passenger weight under the AMC concept – allows flexibility for operators to either adopt CASA’s AMC or provide an alternative method [ ] proposal is acceptable without change [ ] changes would improve it, but it is acceptable (please provide details below) [ ] changes would make it acceptable (please provide details below) [ ] not acceptable under any circumstances

Comments or suggested changes (including an estimate of additional costs/impacts if applicable): __ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________

Key Proposal 7 – Single pilot operations, the autopilot to be serviceable prior to commencement of the flight, unless crewed by a second pilot or the aeroplane can be operated in VMC by day [ ] proposal is acceptable without change [ ] changes would improve it, but it is acceptable (please provide details below) [ ] changes would make it acceptable (please provide details below) [ ] not acceptable under any circumstances




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Key Proposal 8 – The requirement for all aeroplanes that operate under the IFR when carrying 6 or more passengers to be equipped with a terrain awareness warning system Class B (TAWS B) [ ] proposal is acceptable without change [ ] changes would improve it, but it is acceptable (please provide details below) [ ] changes would make it acceptable (please provide details below) [ ] not acceptable under any circumstances


Key Proposal 9 – Pilot experience requirements of LCRPT to be replaced by the requirement for the operator to train its pilots for their unique operation and certify them as competent before undertaking unsupervised flights. This will apply to inexperienced pilots as well as those new to an operator, (essentially moving away from flight hours as the qualifier and applying a competency based process) [ ] proposal is acceptable without change [ ] changes would improve it, but it is acceptable (please provide details below) [ ] changes would make it acceptable (please provide details below) [ ] not acceptable under any circumstances


Key Proposal 10 – All flight crew members to be subject to training and checking requirements scaled to the nature and complexity of operations [ ] proposal is acceptable without change [ ] changes would improve it, but it is acceptable (please provide details below) [ ] changes would make it acceptable (please provide details below) [ ] not acceptable under any circumstances




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Key Proposal 11 – The ability for operators who undertake a program of training and checking under an approved flight simulator training organisation to allow for a reduction in the proficiency check requirement [ ] proposal is acceptable without change [ ] changes would improve it, but it is acceptable (please provide details below) [ ] changes would make it acceptable (please provide details below) [ ] not acceptable under any circumstances


Key Proposal 12 – Reintroduction of the requirement for first aid kits to be carried on board [ ] proposal is acceptable without change [ ] changes would improve it, but it is acceptable (please provide details below) [ ] changes would make it acceptable (please provide details below) [ ] not acceptable under any circumstances




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General and Specific Comments

Your response to the draft Part 135 Regulations:

Having read the draft Part 135 Regulations (Annex A of this NPRM), are there specific issues that you wish to see addressed? Please indicate by specifying the relevant Regulation Number, any change to that Regulation you believe will add value to draft Part 135, and a short explanation of your reason for proposing the change.

Regulation. No.

Change(s) that you consider appropriate

(please suggest change)

Explanation

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Any Additional Comments

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Thank you Your response ensures balanced consideration by CASA of the interests of the industry and consumers.



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Additional information is available from:

Stuart Jones, CASR Part 135 Project Leader

Post (no stamp required) Reply Paid 2005 Regulatory Development Management Branch

Civil Aviation Safety Authority Canberra ACT 2601, Australia

E-mail [email protected]

Telephone 02 6217 1645 or 131 757 (for the cost of a local call) International +612 6217 1645

Fax 02 6217 1443 International +612 6217 1443

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