![]() The amended limit requires some larger aeroplanes, currently classified as 'other than high capacity', to operate to the increased safety requirements of Part 121 of CASR (which regulates operations of larger aeroplanes). The Regulations lower this separation point to aeroplanes with a maximum take-off weight (MTOW) of less than 8,618kg and a maximum permitted passenger seating configuration of nine seats or less. As well as differentiating between charter and RPT, the previous safety standards created a separation between high capacity and low capacity RPT aircraft operations (high capacity was defined as a certified seating capacity of greater than 38 seats or a payload capacity of greater than 4,200 kg). The instruments include the Civil Aviation Regulations 1988 (CAR), a number of Civil Aviation Orders (in particular Part 82 - Air Operator's Certificates) and other exemptions and directions. Regulatory oversight of charter and RPT operations is currently spread over a number of legislative instruments. The risk profile also identified that the top five safety factors contributing to occurrences in the small aeroplane sector were monitoring and checking of aircraft systems and equipment, pre-flight assessment of the flight route and flight planning, pilot communications/coordination, aircraft pre-flight inspection and aircraft handling. In addition, the 2017 CASA report Sector Risk Profile for the small aeroplane transport sector, developed in conjunction with the aviation industry, identified that small aeroplane charter operations had an accident rate 11 times greater than for small aeroplane RPT operations. The Regulations work with Part 119 of CASR to harmonise requirements for scheduled and non-scheduled air transport in smaller aeroplanes.Īnalysis of Australian charter and RPT over the last two decades identified a significant accident rate disparity between low capacity charter and low capacity RPT operations. Baseline safety standards for charter flights were lower than those for RPT, even though identical aircraft were often used for both types of operation. Under the previous rules, fare-paying passengers could be carried on flights classified as either charter or RPT. The parts are designed to lower the existing accident rate differential between charter and regular passenger transport (RPT) operations, meet Australia's obligations under the Chicago Convention and better align with international standards and practices. ![]() Part 135 is part of a suite of legislative reform that encompasses Parts 91, 119, 121, 133, 135 and 138 of CASR. The Civil Aviation Safety Amendment (Part 135) Regulations 2018 (the Regulations) amend the Civil Aviation Safety Regulations 1998 (CASR) to insert a new Part 135 - Air transport operations-smaller aeroplanes. Subsection 9(1) of the Act specifies, in part, that the Civil Aviation Safety Authority (CASA) has the function of conducting the safety regulation of civil air operations in Australian territory by means that include developing and promulgating appropriate, clear and concise aviation safety standards and issuing certificates, licences, registrations and permits. Subsection 98(1) also provides that the Governor-General may make regulations, for the purpose of, carrying out and giving effect to the provisions of the Convention on International Civil Aviation (the Chicago Convention) relating to aviation safety, and in relation to the safety of air navigation, being regulations with respect to any other matters to which the Parliament has power to make laws. Subsection 98(1) of the Act provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. The Civil Aviation Act 1988 (the Act) establishes the regulatory framework for maintaining, enhancing and promoting the safety of civil aviation, with particular emphasis on preventing aviation accidents and incidents. Issued by the authority of the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional DevelopmentĬivil Aviation Safety Amendment (Part 135) Regulations 2018 ĬIVIL AVIATION SAFETY AMENDMENT (PART 135) REGULATIONS 2018 (F2018L01782) CIVIL AVIATION SAFETY AMENDMENT (PART 135) REGULATIONS 2018 (F2018L01782) EXPLANATORY STATEMENT Commonwealth Numbered Regulations - Explanatory Statements
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