Proposed flight operations miscellaneous amendments - Tranche 1 - (CD 2605OS)

CASA sought feedback on a package of proposed miscellaneous amendments to flight operations regulations and associated legislative instruments.

The proposed amendments are minor in nature and are intended to improve the clarity, consistency and usability of the regulatory framework by incorporating existing exemptions and directions into the Civil Aviation Safety Regulations (CASR).

The amendments primarily reflect the effect of existing exemption and direction instruments and address known errors, omissions and inconsistencies in the CASR. They form part of CASA’s ongoing program of continuous regulatory improvement following the introduction of the flight operations regulations in 2021.

Stakeholders were invited to provide feedback on the proposed amendments, including their clarity, operational impact and any unintended consequences.

About this consultation

The consultation presented a series of proposed amendments across several areas, including:

• incorporation of exemptions relating to compliance with aircraft flight manuals
• key personnel exposition content
• aircraft type and model significant changes
• night vision imaging system (NVIS) operations
• private operations
• other supporting regulatory changes.

Respondents represented a range of stakeholder groups, including operators across multiple CASR Parts, industry representative bodies, and individual aviation participants. Feedback from these groups was broadly aligned, with a shared focus on improving clarity, reducing fragmentation and ensuring practical application of the regulations.

A total of 8 responses were received through the consultation platform.

While the number of responses was limited, submissions were received from a range of representative stakeholders, including operators, industry bodies, aeroclubs and individual aviation participants. Five respondents consented to publication of their responses, with a small number requesting confidentiality.

The small number of responses is consistent with the minor and technical nature of the amendments.

Many of the proposed amendments address issues previously identified through industry feedback and operational experience, including matters that have been addressed through exemption and direction instruments. The consultation provided an opportunity to confirm that these issues had been appropriately identified and that the proposed regulatory responses are suitable in practice.

Of the 8 respondents, 6 completed all the questions and 2 respondents only answered 2 questions. Effectively there was a 100% agreement with the proposal to proceed with the amendment package.

1 other respondent felt that there would be benefit for Acceptable Means of Compliance to be developed relating to key personnel positions.

Respondents expressed general support for the proposed amendments, with feedback primarily focused on improving clarity, usability and operational practicality rather than raising substantive concerns about the proposals.

Most respondents supported the proposed amendments or considered them suitable and appropriate, with several describing the changes as practical and sensible improvements to the regulatory framework. However, one respondent expressed conditional support, contingent on the expectation that individual operators would not be disadvantaged by the amendments, while another offered suggestions for further refinement.

Respondents emphasised the importance of maintaining flexibility and minimising unintended regulatory burden, noting that these amendments would support this objective by reducing reliance on exemption and direction instruments, which can be more difficult to navigate than clearly articulated requirements within the CASR.

Overall, respondents did not raise significant objections to the intent of the amendments. Instead, feedback was directed at ensuring that the proposals are implemented in a way that:

• clearly reflects existing practice
• supports consistent application across operational contexts
• avoids unintended consequences for operators.

Summary of feedback

Support for consolidating and clarifying regulatory requirements

Respondents supported incorporating exemptions and directions directly into the CASR to improve accessibility and reduce reliance on multiple instruments. Several respondents noted that this would make regulatory requirements easier to understand and apply in practice, including addressing known inconsistencies and improving alignment across regulatory Parts.

Desire to reduce regulatory complexity and burden

Respondents viewed the amendments as practical and proportionate, noting that reducing duplication and fragmentation across instruments would support more efficient compliance and administrative processes. Some respondents described the changes as sensible improvements to the regulatory framework.

Conditional support – avoiding disadvantage to operators

Support was qualified, with emphasis that operators should not be worse off because of the changes. Respondents highlighted the importance of maintaining flexibility in how requirements are applied and avoiding unintended increases in compliance burden.

Operational flexibility and alignment

Some respondents highlighted the importance of alignment across operational Parts, particularly between Part 91 and higher-tier operational Parts. Respondents noted the need for provisions to operate consistently across different types of operations and to support practical application in operational settings.

Technical and drafting clarity considerations

One respondent provided detailed technical feedback, particularly relating to key personnel requirements and safety oversight arrangements. These responses emphasised the importance of ensuring that drafting is clear and does not introduce unintended ambiguity or inconsistent interpretation.

CASA understands the point being made and has reviewed the existing guidance material. Although we assess the existing material to be adequate, we will conduct a further review of this material as part of introducing the proposed regulation amendments.

One respondent suggested that the significant change rules be amended to achieve greater oversight capabilities. CASA appreciates this feedback, however the comment is not directly relevant to the consultation, as the consultation was about whether the provisions of the exemptions have been correctly captured in the regulations.

Engagement with CASA

Respondents acknowledged CASA’s ongoing and constructive engagement with industry and welcomed continued consultation on regulatory improvements.

CASA has considered all feedback received during consultation. Overall, respondents expressed general support for the proposed amendments, with feedback primarily focused on refinement and implementation considerations rather than fundamental concerns.

The consultation confirmed that the amendments are appropriate and will improve the clarity, consistency and usability of the regulations by reducing fragmentation across regulatory instruments and supporting more efficient compliance for operators.

As a result, CASA will proceed with implementing the amendments.