Sarcs, I too was puzzled by the CAO 48 thread being arbitrarily dismissed, I had hoped for an open discussion on the subject. When you get down into the weeds on 48, there are some interesting legal 'twist and turns'. The boys (and girls I note today) at –
PAIN - are on the ball with a link to the document; deuced hard to find. Perhaps the TWLR panel could take it on first as an example of what we are all cranky about. Viz:-
CAA NZ Part 121. Subpart K. Page 90 through to 93 defines FDR. =3 pages.
CAA NZ Part 125. Subpart K. Page 78 through to 80 defines FDR. = 2 pages.
CAA NZ Part 135. Subpart K. Page 66 through to 68 defines FDR. = 2 pages.
Essentially NZ contains both operator and flight crew FDR to less pages than the amendment to CAO 48 which cites :-
CAO 48.0; 48.1; 48.2; 48.3; 48.4; Part 5, Schedule 2; CAR 5.55; Car 210A; new CAR 335: Act 98 (5) 98 (5 AAA); CAR 215; sections 24, 38 and 42 of LIA 2003; sub regulation 11.068 (1); paragraph 28 (BA); subsection 98 (4A) and, just for additional clarity.
Heads of power.
Regulation 5.55 of CAR 1988, and its replacement in regulation 210A, were used among the heads of power for the new CAO 48.1 to facilitate the eventual repeal of CAO Part 48 which was made under regulation 5.55 and which, from 1 September 2014 (not 4 December 2013), is continued in force under regulation 210A by virtue of regulation 335.
Definition of flight crew licence
Similar considerations apply to the definition of flight crew licence in the new CAO 48.1.
Previously, the licensing suite regulations would have commenced on 4 December 2013, meaning that for the purposes of the new CAO 48.1 (which formally commenced in April 2013), the definition of flight crew licence would have 2 sources:
(a) the definition that applied for CAR Part 5 purposes before 4 December 2013; and
(b) the new definition that applied on and from 4 December 2013 as a result of the new licensing rules to be established by the licensing suite regulations.
The mentions of “4 December 2013” are, therefore, amended to become “1 September 2014”.
Conclusion.
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
As neither we, nor anyone else has a clue where CAO (new) 48 is up to in the Parliamentary process and the latest amendment was launched at 10 24 on Christmas eve; and, given that the Senator blocking the order was probably taking a well earned siesta. The IOS were just wondering if the WLR could perhaps start with this regulation; so honest operators can make the required changes to FDR protocols in a timely manner, preventing inadvertent breaches of a regulation (or order if you like).
Busy, busy. busy. No time left now for pulling crackers or eating left over Christmas pudding - Good catch that man..