Consultation Draft CASR Part 141 – Recreational, private and commercial, non integrated training organisations Briefing document – November 2011 Introduction CASA believes the most effective way of achieving safety in aircraft operations is to ensure pilots receive organised and structured competency based training conducted by qualified and competent instructors. A regulatory framework is necessary to underpin Australia’s reputation as a high quality flight training industry. CASR Part 61of CASR 1998 requires training for the grant of flight crew licences, ratings and some endorsements, and for aircraft categories other than Balloons to be conducted by an operator authorised under CASR Part 141 of CASR 1998 or CASR Part 142 of CASR 1998. CASA is currently considering the option of including the requirements for licensing and operation of Airship aircraft in CASR Part 131 of CASR 1998. Part 141 of CASR 1998 sets out a simple organisational and operational framework that CASA believes is necessary for operators to conduct flight training, other than integrated flight training, in aircraft or flight simulation training devices (FSTD) for the grant of Recreational, Private and Commercial pilot licences, ratings and endorsements granted under Part 61. The aforementioned flight crew qualifications authorise the holder to conduct single pilot flight operations in less complex aircraft. Part 141 also consolidates and replaces the existing legislation for operators conducting flight training in aircraft specified in the Civil Aviation Act 1988, Civil Aviation Orders and in the CASA Manual for Air Operator Certification (AOCM). Australia is a signatory to the Chicago Convention. The applicable standards prescribed in the International Civil Aviation Organization (ICAO) Standards and Recommended Practices (SARPs) Annex 1 – Personnel Licensing have been adopted to the maximum extent possible, taking the Australian aviation operating environment into account. CASR Part 141 operators will not be authorised to conduct integrated flight training which will be regulated in CASR Part 142. CASA expects to publish a consultation draft of CASR Part 142 in the first week of December 2011. The following information is provided to highlight the significant changes proposed with the introduction of Part 141. Impact on Industry While Part 141 incorporates a number of changes, the impact on industry is not considered to be significant. Part 141: • • addresses training for the grant of recreational, private and commercial licences and other single pilot flight crew qualifications (does not extend to integrated training); does not require an AOC but requires an Authorisation. The removal of the requirement for an operator to hold both an Air Operator’s Certificate (AOC) and an Authorisation to conduct flight training in an FSTD’s will also eliminate some compliance costs. This is because the Authorisation is intended to cover both; and Briefing Document: Consultation Draft CASR Part 141 – Recreational, private and commercial, non integrated training organisations Page 1 of 3 • simplifies the administrative and organisational requirements for operators conducting flight training, is not onerous and should not require significant changes by industry to comply. Operators may elect to utilise training plans and other course materials provided by CASA at http://www.casa.gov.au/scripts/nc.dll?WCMS:STANDARD::pc=PC_91336 that will reduce the costs associated in seeking a Part 141 of CASR 1998 Authorisation to conduct that kind of training. Part 141 has been written in such a way to enable the offence-creating provisions of the Part to be enacted as strict liability offences. Changes Current legislation requires an operator that conducts flight training operations in aircraft to hold an AOC and requires compliance with provision in the Civil Aviation Act. Part 141 prescribes the requirements for the grant of an Authorisation for an operator that conducts flight training operations in aircraft or FSTD’s. That change reduces the administrative burden for both CASA and operators conducting training in aircraft and FSTD’s to hold both an AOC and a separate Authorisation. An application submitted by an operator to conduct flight training operations authorised under Part 141 must include an Exposition. The Exposition must include all the information specified in the regulations and describe how the operator intends to comply with relevant regulations. In addition the exposition must set out the training activities the operator proposes to conduct for flight crew qualifications granted under Part 61. CASA must assess the operators Exposition for compliance against the specified requirements, and may issue a Part 141 Authorisation with training specifications included in a schedule that define the type of training the operator is authorised to conduct. Part 61 will also introduce a Manager of Flight Training qualification that may be granted to the holder of a flight instructor rating. Part 141 requires the Head of Operations to hold this qualification unless otherwise approved by CASA. Part 141 will not require the Head of Operations, previously Chief Flying Instructor, to be approved by CASA to act in the role. Where an operator changes the person nominated as the Head of Operations the operator must reflect the change in its exposition and notify CASA within a prescribed period. The CEO is accountable for all CASR Part 141 organisational matters. While the CEO can delegate responsibilities the CEO remains accountable. For small operators, a person may be nominated in the Exposition to more than one key position, other than the Safety Manager. To ensure the effectiveness of the safety management system the Safety Manager must be independent. The Safety Manager reports directly to the CEO. The Head of Operations is responsible for the safety and quality of all flight training activities conducted by the operator and may delegate some responsibilities to other qualified personnel where appropriate. Part 141also introduces the requirement for aircraft operators to have a Safety Management System (SMS) or a Quality System for operators of FSTD’s, CASA will provide guidance material to assist operators in the implementation of a SMS that promotes the safety of aircraft operations and maintain the standard of flight training activities. Briefing Document: Consultation Draft CASR Part 141 – Recreational, private and commercial, non integrated training organisations Page 2 of 3 Regulation 2 of the Civil Aviation Regulations (1988) currently defines conversion training for the grant of an aircraft endorsement as a private operation which may be conducted by a flight instructor or approved person not associated with an AOC. Part 61 of CASR 1998 prescribes class ratings for less complex single pilot certified aircraft and type ratings for more complex aircraft including multi-crew certified or turbojet powered aeroplanes, most helicopters and any other aircraft CASA specifies in the interests of safety. The introduction of class ratings will require pilots to receive some general competency training to ensure they are safe to conduct a flight in an aircraft included within a class rating. The general competency training does not need to be conducted under the authority of a CASR Part 141 operator but must be conducted by a person authorised under Part 61 of CASR 1998. All training for multi-crew aircraft type ratings and other multi-crew flight crew qualifications must be conducted by an operator authorised under Part 142 of CASR 1998. Part 141 operators will not be authorised to conduct courses of integrated training or training for the grant of a multi-crew pilot licence, Air Transport Pilot Licence or multi-crew certified aircraft type ratings granted under Part 61. Part 141 of CASR 1998 requires an operator to provide in their exposition, training plans and syllabuses for the training they propose to conduct. The operator may elect to use training plans and syllabuses provided by CASA as an alternative to developing their own. This may reduce the cost of compliance for operators. Consultation Part 141 has been subject to extensive previous industry/public consultation, commencing with a NPRM published in 2003. There has been ongoing discussion with industry since that time, culminating in industry and internal CASA review in early 2011. This draft of Part 141 is provided for industry and public comment before proceeding to rulemaking and the NFRM. Closing date for comments The closing date for comments on draft Part 141 is 17 February 2012 Advice for providing comments. In cases where comments relate to a regulatory provision, it would be appreciated if the provision details are included with the comments, for ease of reference and consideration by CASA. Briefing Document: Consultation Draft CASR Part 141 – Recreational, private and commercial, non integrated training organisations Page 3 of 3