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

Closed 6 May 2018

Opened 27 Mar 2018

Results Updated 28 Aug 2018

Overview

We asked for feedback on the proposed Part 91 of the Civil Aviation Safety Regulations 1998 (CASR) and the Part 91 Manual of Standards (MOS) for general operating and flight rules.

The consultation posed a series of questions on the main changes to the rules with scope to elaborate on answers and provide overall feedback.

The results

The consultation received 116 responses, with 21 representing organisations or 18 percent of the total.

A majority of respondents supported all the main changes in the consultation. Some proposals had slightly higher percentages that indicated ‘some changes required’.

The feedback to each question and CASA’s response is provided in detail in the Summary of Consultation which is attached below under 'Files'.

The Summary of Consultation has been reviewed and endorsed by industry through the Aviation Safety Advisory Panel (ASAP).

Next steps

CASA will amend the regulations in response to issues identified during consultation including:

  • Amending the wording of the carriage of documents requirement related to area navigation systems to match the wording used in proposed Parts 121/133/135 of CASR 1998.
  • Amending the requirements regarding the carriage of firearms so that the PIC consent is not required in writing. It should be noted that aircraft being operated as an air transport or aerial work operation will have additional requirements imposed in the applicable parts in relation to this matter.
  • Amending the fitness-for-duty rule to reinstate the eight-hour rule and add a prescriptive blood alcohol level requirement that complements the existing Part 99 of CASR blood alcohol level requirement.
  • Amending the cruising level AGL requirements from 1000 ft AGL to 1500 ft AGL to provide appropriate alleviation in the reduction of the AMSL height from the current 5000 ft AMSL to 3000 ft AMSL.
  • Amending the requirements regarding taking off and landing into wind at the non-controlled aerodromes to permit cross wind training.
  • Amending the simulating emergency requirements to be conditional on the flight conditions (IMC) and not the flight rules (IFR).
  • Ensuring that the existing requirements for the carriage of passengers in experimental amateur-built aircraft continue without the need for further approval.
  • Amending the flight instrument equipment fitment requirements for experimental amateur-built aircraft to clarify that the approval process for installing equipment in day VFR and night VFR aircraft is not intended to become more onerous or complex.
  • Amending the back-up battery requirements for EFIS fitted to experimental amateur-built aircraft to 60 mins duration.
  • Clarifying requirements to reflect that aircraft operated VFR by day only are not required to fit or display anti-collision lights or navigation lights.
  • Amending various other editorial issues that were identified in both the MOS and regulation.

 

CASA intends to make Part 91 of CASR in the fourth quarter of 2018 followed by the making of the Part 91 MOS in early 2019. However, the rules won’t commence until March 2021.


 

 

 

 

Files:

Published Responses

View submitted responses where consent has been given to publish the response.

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 We Are Consulting

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.

Who do the proposed rules apply to?

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.

 

Audiences

  • CASA Staff
  • Aerodrome operators
  • Air operators
  • Airworthiness organisations
  • Instructors and flight examiners
  • Flight training organisations
  • Engineers
  • Manufacturers
  • Pilots
  • Sports aviation operators
  • Designated Aviation Medical Practitioner (DAME)

Interests

  • Airworthiness / maintenance
  • Drones / unmanned aircraft systems
  • Airspace and infrastructure
  • Sport and recreational aviation
  • Air travel
  • Drug and alcohol management
  • Emergencies and incident reporting
  • Fatigue management
  • Hazards
  • Health
  • Operational standards
  • Aircraft certification and design
  • Limited category aircraft
  • Cabin safety