Modernising Australia’s fatigue rules - proposed CAO 48.1 Instrument 2019 - (CD 1811OS)

Overview

CASA’s response to the independent review of fatigue rules identified 54 actions to address the review team recommendations. The proposed Civil Aviation Order (CAO) 48.1 Instrument 2019, aims to address 12 of these actions to support the transition of high capacity regular public transport operators to the new rules by 30 September 2019. A further amendment to the rules may be required in 2019 to support the transition of other operators to the new rules by 26 March 2020.

The proposed instrument applies to Air Operator's Certificate holders, Part 141 certificate holders and flight crew licence holders. Changes from the current rules include:

• Revised prescriptive limits to more closely align with international averages
• Removal of daily flight time limits for most operations
• Revised augmented crew limits
• Replacement of late-night operations restrictions with new restrictions based on infringement of the window of circadian low
• Revised standby limits based on US Federal Aviation Regulations short call reserve provisions
• Replacing the prescriptive approach to re-assignment of flight duty with an outcome-based approach
• Revising FRMS change management processes and other provisions to reflect an outcome-based approach
• Permitting aerial application operators to operate in accordance with Subpart 137.Q of CASR.
• Incorporating all new fatigue rules into a single instrument.
• Updating provisions related to shared responsibility between operators and flight crew members in line with proposed Part 91 of CASR.

The proposed CAO 48.1 Instrument 2019 will repeal and replace CAO 48.1 Instrument 2013, CAO 48.1 Amendment Instrument 2016 (No 1) and the older fatigue rules. The proposed instrument provides transitional provisions allowing operators to conduct operations in accordance with their current rules until the applicable transition date.

There are no proposed changes for flight crew licence holders when operating in a private capacity. Paragraph 16.1 of the proposed instrument applies in line with the current rules.

Why your views matter

As part of modernising Australia’s fatigue rules, we are consulting with the aviation community to ensure the rules will work in practice as they are intended.

We understand that regulations can be difficult to read, so we’ve made it easier for you to have your say by highlighting the key issues that have changed. CASA will continue to look at ways to make the rules easier to read and understand before they are introduced.

The consultation will ask you questions on the proposed changes to CAO 48.1. Each question will include the relevant section of the amended rules. At the bottom of this page, we have attached all the documents that relate to the consultation— you do not have to read them in full.

You may comment on as many, or as few of these changes as you like and you provide general comments.

Recent industry feedback

The independent review team, assembled by Dédale Asia Pacific, delivered its final report in March 2018. The report confirmed the need to modernise Australia’s fatigue rules and provided 24 recommendations to improve the rules.

The recommendations were published by CASA for public consultation between 21 March and 22 April 2018. Twenty-six responses were received from industry, including major airlines, operator associations, pilot associations and individuals, and CASA staff. Where permission was granted, responses were published on CASA’s Consultation Hub.

Subsequently the Aviation Safety Advisory Panel (ASAP) appointed a Technical Working Group (TWG), to review industry feedback and CASA's proposed responses to the feedback in July 2018. TWG comprised representatives from operators, pilot associations, industry associations and academia.

Industry feedback and the TWG broadly supported the need to modernise Australia's fatigue rules along with the review team's recommendations and CASA's proposed response. However, there were dissenting views on some issues.

CASA’s response to the Independent review of aviation fatigue rules considered feedback from the public consultation, TWG and ASAP. This proposal seeks to achieve 12 of the actions identified in CASA's response.

The proposed CAO 48.1 Instrument 2019 has been reviewed by an industry TWG and feedback has been incorporated into the current draft and consultation questions.

Documents for review

A copy of the Summary of proposed change CD 1811OS and other documents related to this consultation are provided below in the ‘Related Documents’ section. This includes a downloadable MS Word and PDF copy of this consultation for ease of distribution and feedback within your organisation.

For your convenience and for ease of identification of the changes,  the Exposure Draft CAO 48.1, is accompanied by a copy of the exposure draft containing the 'track changes' of the proposed updates to the CAO.

What happens next

Once this consultation has closed, we will register and review each submission received through this online response form. Unless you have requested that your submission remain confidential, we will make all submissions publicly available here on the Consultation Hub. We will also publish a summary of consultation which will summarise the feedback received.

Before the rules are finalised the ASAP will consider how CASA has incorporated feedback and will provide us with further advice. We will consider feedback from public consultation and advice from the ASAP prior to finalising proposed CAO 48.1 Instrument 2019.

To address the remaining actions identified in our response to the independent review, a further proposed amendment may be developed and publicly consulted.