Proposed changes to the general operating and flight rules - Part 91 of CASR (NPRM CD 1511OS-2)

Overview

The proposed Part 91 of the Civil Aviation Safety Regulations 1998 (CASR) and its associated manual of standards (MOS) will consolidate the general operating and flight rules for Australian aircraft.

Part 91 replaces more than one hundred documents—such as regulations, orders, supporting instruments and exemptions—combining them into just two documents.

Primarily, it will retain the existing rules. However, there are a small number of new rules which are designed to enhance operational flexibility, enhance safety and increase compliance with International Civil Aviation Organization standards.

Please note: The draft Part 91 and MOS incorporates the revised fuel rules which are set for introduction later in 2018. These rules were consulted in early 2016.

Watch a webinar on the proposed new rules.

Why your views matter

As part of the development of the general operating and flight 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.

We have attached all the documents that relate to the consultation at the bottom of this page, but you don’t have to read them in full. The consultation will ask you questions on the proposed changes to Part 91 and MOS. Each question will include the relevant section of the regulations.

Also, you can comment on as many or as few of these changes as you like, as well as provide general comments.

The proposed rules are the general operating and flight rules and form the foundation for all aviation operations.

So, they will apply to you unless you are conducting an operation to which another CASR Part applies. Then, that part may add to or turn off some Part 91 requirements – either completely or partially.

For example, the requirements for carriage of documents under Part 121 will replace the Part 91 requirements in this area.

We are planning to consult soon on Parts 119, 121, 133, 135 and 138. To ensure you continue to have your say subscribe to the flight operations mailing list.

Recent industry feedback

Last year CASA established an Aviation Safety Advisory Panel (ASAP) made up of industry representatives. In February, the panel convened a technical working group (TWG) to evaluate drafts of the regulation and MOS.

The group made a number of suggestions and highlighted issues which CASA has sought to address in this consultation draft. We intend to continue to refine the draft regulations based on feedback.

One of the issues raised by the TWG related to strict liability and what it means. An information sheet on strict liability has been developed and is included in the Related Documents section below.

What happens next

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

The ASAP will also consider how CASA has incorporated feedback and provide us with further advice before the rules are finalised.

Part 91 forms part of the suite of six interlinked and interdependent flight operating regulations with Parts 119, 121, 133, 135 and 138. These other parts will undergo public consultation soon.