CASA 98/14 - Direction — flight time limitations for helicopter mustering operations

Link to law: https://www.comlaw.gov.au/Details/F2014L00682

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Instrument number CASA 98/14
I, Peter William Boyd, Executive Manager, Standards Division, a delegate of CASA, make this instrument under regulations 5.55 and 210A of the Civil Aviation Regulations 1988 (CAR 1988) and section 4 and subsection 33 (3) of the Acts Interpretation Act 1901.
[Signed P. Boyd]
Peter Boyd
Executive Manager
Standards Division
5 June 2014
Direction — flight time limitations for helicopter mustering operations
1          Duration
                 This instrument:
(a)    under regulations 5.55 and 210A of CAR 1988, and subsection 4 (6) of the Acts Interpretation Act 1901 — commences on the day after registration; and
(b)   expires at the end of April 2016.
2          Repeal
                 Instrument CASA 341/12 is repealed.
3          Application
                 This instrument applies to the operator and an FCM of an aircraft engaged in helicopter mustering operations.
4          Direction
                 I direct that an operator to whom subclauses 2 (1) and (2) of Schedule 1 apply, and an FCM employed by that operator, must follow the directions in Schedule 1 when conducting helicopter mustering operations.
5          Transitional
                 An operator who, immediately before the commencement of this Direction, was conducting helicopter mustering operations in accordance with the directions in Schedule 1 to instrument CASA 341/12 may continue to do so in accordance with the directions in Schedule 1 to this instrument, subject to compliance by the operator and FCMs with those directions.
Schedule 1          Direction
1          Definitions
In this Schedule:
duty free day, in relation to a pilot, means a day on which he or she is not rostered for piloting or other aviation-related duties.
entry level pilot means a pilot who holds, or is undergoing training for, a mustering approval and has less than 500 hours flying time in mustering operations as pilot in command or acting as pilot in command under supervision.
experienced pilot means the holder of a mustering approval who has a minimum of 500 hours flying time in helicopter mustering operations as pilot in command or acting as pilot in command under supervision.
flight crew member (or FCM) has the same meaning as in Civil Aviation Order 48.1 Instrument 2013. The abbreviation FCMs means more than 1 FCM.
flight time has the same meaning as in Civil Aviation Order 48.1 Instrument 2013.
Note   Under section 5 of this instrument, flight time, as defined, includes a pilot’s total flight time as a flight crew member (or FCM) in an aircraft and is not restricted to flying time in a helicopter mustering operation as a pilot in command or acting as pilot in command under supervision.
helicopter mustering operations means activities related to the aerial supervision and control of livestock that are carried out by helicopter and includes:
(a)   aerial stock mustering; and
(b)   aerial stock spotting; and
(c)   animal culling; and
(d)   flying training to carry out such activities.
mustering approval means an approval to engage in aerial stock mustering given under Civil Aviation Order 29.10.
2          Application of directions to mustering operations
     (1)     In spite of Civil Aviation Order 48.1 Instrument 2013, an operator may conduct helicopter mustering operations in accordance with these directions if the operator, in writing:
(a)   notifies CASA that he or she intends to do so; and
(b)   specifies the date on which he or she intends to start doing so.
     (2)     These directions apply to an operator on and after the date specified by the operator in accordance with paragraph 2 (1) (b).
     (3)     An operator who no longer wishes to conduct helicopter mustering operations in accordance with these directions must give CASA a minimum of 7 days’ notice, in writing, specifying the day on which the directions are to stop applying.
     (4)     An operator, to whom these directions do not apply, must conduct helicopter mustering operations in accordance with Part 48 of the Civil Aviation Orders (the CAOs).
3          Helicopter mustering operations
              Helicopter mustering operations must be carried out under the V.F.R. by day by an entry level pilot or an experienced pilot.
4          Maximum duty free period
              On any day on which an entry level pilot or an experienced pilot is rostered for piloting or other aviation-related duty by an operator engaged in helicopter stock mustering, the pilot must not be rostered for duty for a period that exceeds the hours of daylight at that particular place and time, plus an additional half hour.
5          Flight time limitations
     (1)     An operator engaged in helicopter mustering operations must not knowingly roster a pilot to fly if the pilot’s total flight time as an FCM will, as a result, exceed:
(a)   in the case of an experienced pilot:
             (i)  100 hours in any 16 consecutive days; or
            (ii)  subject to subparagraph (iii) — 1 200 hours in any 365 consecutive days; or
           (iii)  if the pilot has had a period of 42 consecutive days free of piloting or other aviation‑related duty during that period — 1 400 hours in any period of 365 consecutive days; or
(b)   in the case of an entry level pilot:
             (i)  10 hours in any 24 consecutive hours; or
            (ii)  120 hours in any 30 consecutive days; or
           (iii)  1 200 hours in any 365 consecutive days.
     (2)     A pilot carrying out helicopter mustering operations must notify the operator if his or her total flight time as an FCM will, as a result of being rostered to fly in such operations, exceed a limit set out in paragraph 5 (1) (a) or (b), whichever is applicable.
     (3)     A pilot who is rostered to carry out a flight for the purpose of a helicopter mustering operation must not do so if, as a result, he or she would exceed a limit set out in paragraph 5 (1) (a) or (b), whichever is applicable.
     (4)     In respect of operations to which these directions do not apply, operators and pilots must comply with the applicable limitations on flight time or duty time:
(a)   as determined in accordance with Part 48 of the CAOs; or
(b)   as otherwise directed under regulation 5.55 or 210A of CAR 1988.
6          Duty free days
     (1)     In any 16 consecutive days, a pilot must have at least 2 duty free days that may be consecutive or taken separately.
     (2)     A duty free day, or 2 or more consecutive duty free days, is, for the purposes of these directions, to be taken to commence at the end of the evening civil twilight before the duty free day, or first duty free day, and to end at the beginning of the morning civil twilight on the day following the duty free day or the last duty free day.
     (3)     An operator must not knowingly require a pilot to fly in a helicopter mustering operation if the pilot is unfit for duty because of fatigue, illness or injury or for any other reason.
     (4)     A pilot required to engage in a helicopter mustering operation:
(a)   must notify the operator if he or she is unfit for duty because of fatigue, illness or injury or for any other reason; and
(b)   must not engage in the operation.
7          Recording of pilot’s flight time and duty time
              Records kept by an operator engaged in helicopter mustering operations must be in a form that facilitates the ready determination of a pilot’s cumulative flight and duty time.
8          Recording of helicopter flying time
              An operator engaged in helicopter mustering operations must record daily flying time for a helicopter by using:
(a)   an electronic data recording device, approved by CASA, installed on a helicopter engaged in stock mustering operations; or
(b)   a form of a daily flying return, however described, containing at least the following details:
             (i)  helicopter registration;
            (ii)  the date;
           (iii)  the name of the pilot, or each pilot, flying the helicopter;
           (iv)  the maintenance release number;
            (v)  in respect of each flight:
(A)    the departure point; and
(B)    start engine time; and
(C)    take-off time; and
(D)    landing time; and
(E)    shutdown time; and
(F)     landing point; and
(G)    flight time (as entered in the pilot’s log book); and
(H)    time-in-service (as entered in the maintenance release); and
(I)     comments (if any); and
(J)     the pilot’s signature; and
(K)    the client’s signature (where possible).