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

Proposed new regulation 202.441 of CASR

This proposed new regulation addresses the following issues:

• When does each new regulation start applying?
• Will operators need new significant change approvals where an approval was already granted under a current exemption?
• Will operators who have applied for a significant change under a current exemption need to re-apply if their application has not been decided when the new regulations take effect?

To ensure operators are ready for the new regulations and are compliant on the date the new regulations apply, the law must clearly state the date of applicability.

Significant change approvals granted under the current exemption instruments will be taken to be a significant change approval for the new proposed amended significant change definitions.

Applications for significant change approvals under the current exemption instruments will be taken to be applications for a significant change approval for the new proposed amended significant change definitions.

This new regulation would be added into Subpart 202.EAA of CASR (found in Volume 5 of the CASR).

CASR Dictionary definitions

So that the wording of the new regulations works as intended, new definitions of NVIS operation and Subpart 121.Z operation are proposed to be added to the CASR Dictionary.

The NVIS operation will cross-reference to each of the Part 91, 121, 133 or 135 Manual of Standards (MOS), as applicable to the kind of operation being performed. Providing the details of the definition of NVIS operation in each MOS, provides increased flexibility to the aviation industry if additional operations need to be added to these definitions in the future.

Amendments to regulation 91.035

During the development of the flight operations regulations, multiple discussions were held with aviation industry representatives during TWG meetings relating to how the Part 91 rules would interrelate with the rules for operations under Parts 121, 133, 135 and 138 of the CASR.

This led to the development of regulation 91.035 of CASR, which contains a table that turns off certain elements of Part 91, provided an alternative specified section of Part 121, 133, 135 or 138 of the CASR is applicable to the flight.

Since the rules were made, it has been identified that isolated elements of this table were not quite correct. The proposed regulations therefore include a small number of minor amendments to this table.