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Community service flights new rules

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Community service flights new rules

Old 13th Feb 2019, 14:26
  #141 (permalink)  
 
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global aviator understands that what Angel Flight has is not a technical or legal problem but a political problem. That requires political solutions. Trying anything else except perhaps a high court challenge is a waste of time.
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Old 14th Feb 2019, 08:17
  #142 (permalink)  
 
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Looks like this is the instrument. Some changes to the initial proposal.

Instrument number CASA 09/19

I, SHANE PATRICK CARMODY, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.068 of the Civil Aviation Safety Regulations 1998.

[Signed S. Carmody]

Shane Carmody
Director of Aviation Safety

12 February 2019

CASA 09/19 — Civil Aviation (Community Service Flights — Conditions on Flight Crew Licences) Instrument 2019

Contents

Page



1 Name

2 Duration

3 Definitions

4 Application

5 Conditions on flight crew licences for community service flights

6 Community service flights

7 General requirements

8 Excluded aeroplanes

9 Aeronautical experience requirements

10 Operational and notification requirements

11 Aeroplane maintenance requirements

1 Name

This instrument is CASA 09/19 — Civil Aviation (Community Service Flights — Conditions on Flight Crew Licences) Instrument 2019.

2 Duration

This instrument:

(a) commences on 19 March 2019; and

(b) is repealed at the end of 18 March 2022.

3 Definitions

Note A number of expressions used in this instrument are defined in CASR or CAR, including the following:

(a) AIP;

(b) amateur-built aircraft;

(c) Amateur Built Aircraft Acceptance, or ABAA;

(d) approved system of maintenance;

(e) CASA maintenance schedule;

(f) certificate of airworthiness;

(g) class B aircraft;

(h) experimental certificate;

(i) flight time;

(j) I.F.R.;

(k) limited category aircraft;

(l) maintenance schedule;

(m) operating crew;

(n) pilot (used as a verb);

(o) registered;

(p) type (for an aircraft);

(q) V.F.R.

In this instrument:

community service flight: see section 6.

periodic inspection has the meaning given by paragraph 2.1 of Part 2 of Schedule 5 to CAR (containing the CASA maintenance schedule).

4 Application

This instrument applies in relation to a flight in an aircraft conducted as a private operation.

5 Conditions on flight crew licences for community service flights

For the purposes of regulation 11.068 of CASR, this instrument imposes conditions on flight crew licences.

Note See Part 1 of the Dictionary to CASR for the definition of flight crew licence.

6 Community service flights

(1) A flight is a community service flight if it meets the description in subsections (2) to (5).

(2) The flight involves:

(a) the transport of one or more individuals (a patient) to a destination for the purpose of each such individual receiving non-emergency medical treatment or services at the destination; or

(b) the transport of a patient from a destination mentioned in paragraph (a) (the treatment destination) to another treatment destination; or

(c) the transport of a patient from a treatment destination:

(i) back to a place from which the patient departed for a treatment destination; or

(ii) to a destination at which the patient resides.

(3) The flight is provided to a patient, and any person who accompanies the patient to provide support and assistance, without a charge being made to any of those persons for their carriage.

(4) Medical treatment is not provided on board the aircraft for the flight, other than the administering of medication or in response to an unexpected medical emergency.

(5) The flight is coordinated, arranged or facilitated by an entity for a charitable purpose or community service purpose.

Note Section 2B of the Acts Interpretation Act 1901 defines charitable purpose as having the meaning given by Part 3 of the Charities Act 2013.

7 General requirements

(1) It is a condition on a flight crew licence that its holder must not operate an aircraft for a community service flight unless:

(a) the licence is a private pilot licence, commercial pilot licence or air transport pilot licence; and

(b) the flight is conducted in an aeroplane; and

(c) the aeroplane does not carry on board any persons other than:

(i) a patient mentioned in paragraph 6 (2) (a), and any other passenger who accompanies a patient to provide support and assistance; and

(ii) the operating crew; and

(d) the holder holds a current class 1 or 2 medical certificate.

Note Subpart 67.C of CASR provides for the requirements relating to medical certificates.

(2) To avoid doubt, the provisions of CASA EX65/18 — Private Pilot Licence Medical Certification (Basic Class 2 Medical Certificate) Exemption 2018 do not apply to the holder of a flight crew licence who operates an aeroplane for a community service flight.

Note An Aviation Medical Certificate (Basic Class 2) issued by CASA under CASA EX65/18 — Private Pilot Licence Medical Certification (Basic Class 2 Medical Certificate) Exemption 2018 is not a class 1 or class 2 medical certificate.

8 Excluded aeroplanes

(1) It is a condition on a flight crew licence that its holder must not pilot an aeroplane operated for a community service flight if the aeroplane is excluded under subsection (2).

(2) For subsection (1), an aeroplane is excluded if:

(a) the aeroplane is:

(i) an amateur-built aircraft accepted under an Amateur Built Aircraft Acceptance; or

(ii) an aircraft in the limited category; or

(b) there is an experimental certificate in force for the aeroplane; or

(c) the aeroplane is not registered.

9 Aeronautical experience requirements

General requirements

(1) It is a condition on a flight crew licence that its holder must not pilot an aeroplane operated for a community service flight unless the holder has aeronautical experience that includes:

(a) a landing, within the previous 30 days, in:

(i) if the community service flight is conducted in an aeroplane that is class rated — an aeroplane of that class; or

(ii) if the community service flight is conducted in an aeroplane that is type rated — that type of aeroplane; and

(b) for a flight that is conducted under the V.F.R. — at least 10 hours of flight time in an aeroplane of the same type as the aeroplane used for the community service flight; and

(c) for a flight that is conducted under the I.F.R. — at least 20 hours of flight time in an aeroplane of the same type as the aeroplane used for the community service flight; and

(d) for a flight that is conducted in a multi-engine aeroplane — at least 25 hours of flight time as pilot in command of a multi-engine aeroplane.

Note See Part 1 of the Dictionary to CASR for the definition of type.

Additional requirements for private pilots

(2) Subsection (3) applies if the holder of a private pilot licence does not also hold a commercial pilot licence or an air transport pilot licence.

(3) It is a condition on the private pilot licence that its holder must not pilot an aeroplane operated for a community service flight unless the holder has aeronautical experience that includes:

(a) at least 400 hours of flight time conducted in an aeroplane or a helicopter; and

(b) at least 250 hours of flight time as pilot in command of an aeroplane or a helicopter.

Note 1 The term pilot, used as a verb, has the meaning given by regulation 61.010 of CASR.

Note 2 For the meaning of flight time as a pilot in command: see regulation 61.090 of CASR.

10 Operational and notification requirements

It is a condition on a flight crew licence that its holder must not pilot an aeroplane operated for a community service flight unless:

(a) the aeroplane carries no more than 5 passengers (including any patient mentioned in paragraph 6 (2) (a)); and

(b) the aeroplane is not operated under the V.F.R. at night; and

(c) the holder submits a flight notification (within the meaning given by the AIP) to Airservices Australia that:

(i) identifies the flight as a community service flight using the acronym “CSF”; and

(ii) is either “full flight details” or “SARTIME”; and

(d) the holder, in addition to the requirements in regulation 61.350 of CASR to record information about flights in a personal logbook, records that the flight is a community service flight in the logbook.

Note For paragraph (c), the flight can be identified by entering the acronym in the “remarks” section of the flight notification: see AIP ENR 1.10.

11 Aeroplane maintenance requirements

(1) Subsection (2) applies if there is an election in force under regulation 42B of CAR for an aeroplane to use the CASA maintenance schedule for the aircraft’s maintenance.

(2) It is a condition on a flight crew licence that its holder must not pilot the aeroplane for a community service flight unless:

(a) the aeroplane has undergone a periodic inspection:

(i) within the last 100 hours of service of the aeroplane; or

(ii) if the aeroplane has been in service for less than 100 hours in the immediately preceding 12 months — within the 12 months; or

(b) both of the following apply:

(i) the aeroplane was issued its current certificate of airworthiness less than 12 months before the flight;

(ii) the aeroplane has been in service for less than 100 hours since the certificate was issued.



Cloudee is offline  
Old 14th Feb 2019, 10:22
  #143 (permalink)  
 
Join Date: Dec 2005
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10 hours for PPL VFR , 30 hours for PPL IFR, in the previous 30 days.

Excessive in my opinion - I imagine that will cut out many of the volunteer pilots. .

I was a hobby pilot, PPL, IFR, and flew quite a few flights for AF. I never met those requirements..

EDIT later - I agree on closer reading with a later post that the only 30 day requirement is one landing - that's much more sensible. I have no issue with that.

Last edited by bentleg; 14th Feb 2019 at 23:33.
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Old 14th Feb 2019, 11:20
  #144 (permalink)  
 
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I think the only 30 day requirement is one landing. The hour requirements are total time on type. It appears you can still use an on condition engine.
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Old 14th Feb 2019, 12:13
  #145 (permalink)  
 
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At first reading, I have to say it looks reasonable. Panic over.
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Old 15th Feb 2019, 04:51
  #146 (permalink)  
 
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Originally Posted by Clearedtoreenter View Post
Apart from the extaxcommissioner’s pen now being far mightier than anyone’s sword, fears of what it could do next in GA, and the rather puzzling ban on helicopters, maybe it is.
Shane Carmody has never been Commissioner of Taxation in Australia. Perhaps you are confusing him with Michael Carmody who was, between 1993 and 2005?
(Source: Wiki.)
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Old 15th Feb 2019, 06:07
  #147 (permalink)  
 
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Originally Posted by gerry111 View Post
Shane Carmody has never been Commissioner of Taxation in Australia. Perhaps you are confusing him with Michael Carmody who was, between 1993 and 2005?
(Source: Wiki.)
Yes, of course I am. My most profuse apologies.

Correction

Shane Carmody career highlights

2016 - Deputy Secretary, Department of Infrastructure and Regional Development

2014 – 2016 Chief Operating Officer Department of Veterans’ Affairs

2009-2014 – Deputy President Repatriation Commission

2006-2009 – Deputy CEO Strategy and Support Civil Aviation Safety Authority

2001-2006 – Deputy Secretary Department of Defence
(CASA Website)
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Old 15th Feb 2019, 07:02
  #148 (permalink)  
Man Bilong Balus long PNG
 
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Location: And once again, the fun and good times having come to an end for yet another year, back in the cold, cruel real world and continuing the seemingly never ending search for that bad bottle of Red
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Shane Carmody career highlights

2016 - Deputy Secretary, Department of Infrastructure and Regional Development

2014 – 2016 Chief Operating Officer Department of Veterans’ Affairs

2009-2014 – Deputy President Repatriation Commission

2006-2009 – Deputy CEO Strategy and Support Civil Aviation Safety Authority

2001-2006 – Deputy Secretary Department of Defence
All of which indicates, to me anyway, that what he actually knows of Aviation in Australia could be engraved in block letters on the head of a pin and still leave room for the Lord's Prayer!
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Old 15th Feb 2019, 07:15
  #149 (permalink)  
 
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"All of which indicates, to me anyway, that what he actually knows of Aviation in Australia could be engraved in block letters on the head of a pin and still leave room for the Lord's Prayer!"

Yup, another career Mandarin. Just another self servant feeding on the public teat.
Rumour has it he has very flexible working hours. Maybe he is too busy adding up his super entitlements and working on investment strategies for his obscene salary.

and all the while the industry spirals down the gurgler.

Do you really think he gives a toss? He and his Cohorts have no shame.
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Old 15th Feb 2019, 07:24
  #150 (permalink)  
 
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Sunfish - I am with you - still need anti "getthereitis" lessons though !!
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Old 15th Feb 2019, 12:39
  #151 (permalink)  
 
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the pop song music 'breaking up is not so hard to do' could go for those with gettheritis ..'turning back is not so hard to do.' either.
When the options/wx ahead doesnt look.so good..you'll be pleased you did.!
Better to be down here having a cold beer, than up there in a cold sweat !
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Old 15th Feb 2019, 13:08
  #152 (permalink)  
 
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Better to be down here having a cold beer, than up there in a cold sweat !

AHAAAA..... An 'oldie' ...but a VERY goodie...…

Cheers
Ex FSO GRIFFO is offline  
Old 15th Feb 2019, 21:41
  #153 (permalink)  
 
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This is circular nonsense:
7 General requirements

(1) It is a condition on a flight crew licence that its holder must not operate an aircraft for a community service flight unless:

(a) the licence is a private pilot licence, commercial pilot licence or air transport pilot licence; and
It’s like saying it’s a condition on your motorcycle licence that you can’t do something unless you have a truck licence. That’s not a “condition” on the exercise of the privileges of your motorcycle licence.

What they meant to say is:
(1) It is a condition on a private pilot licence, commercial pilot licence or air transport licence that the holder must not operate an aircraft community service flight unless:

(a) the flight is in an aeroplane;

(b) etc

(2) It is a condition of a flight crew licence other than a licence mentioned in (1) that the holder must not operate an aircraft for a community service flight unless the holder also holds one of the licences mentioned in (1).
But once you write it out like that, you see the conundrum that they may have tried to solve through drafting smoke and mirrors.

Do e.g. RAAus pilots have a “flight crew licence” within the meaning of CASR 11.068? I didn’t think a Recreational Pilot’s Certificate is a “flight crew licence” within the meaning of CASR 11.068. If it isn’t, I don’t think CASA can effectively ‘ban’ CSFs by holders of RPCs by imposing conditions under CASR 11.068 on licences that aren’t RPCs.

Is an RPC a “flight crew licence” within the meaning of CASR 11.068?

Does RAAus itself effectively ban CSFs already?
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Old 15th Feb 2019, 23:24
  #154 (permalink)  
 
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Originally Posted by Sunfish View Post
At first reading, I have to say it looks reasonable. Panic over.
Sunfish,
On the contrary, it is not reasonable because none of it is even remotely justified.
You should recognise the tactics --- propose to cut off both somebody's leg, then consult, then agree to cut off only one leg, and low and behold, the cutter is praised by the cuttee for agreeing to less draconian action, because they are only going to lose one leg.
Cutting off one leg is still without justification.
Tootle pip!!

PS: I an really mystified by the helicopter ban ?? Who in CASA has it in for private helicopters?? Undoubtedly somebody(s) who believe helicopters should not be flown by PPLs, or some similar irrational idea. Remember, a while back, when it was proposed that only military trained helo pilots could be check pilots /instructors in said flingwings.
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Old 16th Feb 2019, 04:45
  #155 (permalink)  
 
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"Remember, a while back, when it was proposed that only military trained helo pilots could be check pilots /instructors in said flingwings."

Leady,

That would fit in nicely with a senior CAsA mandarin's statement that if he had his way the only things flying in Australia would be the RAAF and RPT.
Of course RPT could only be piloted by RAAF Pilots. Looking increasingly like he's getting his way.

I can't help wondering how CAsA proposes to police this new regulation that's not really a regulation.

Out at kickatinalong Molly Maggot rings Billy Blowfly who owns an aircraft and asks him if he could fly her and her daughter to the big smoke as she needs to buy new school uniforms unavailable in Kickatinalong. Would this be a community service flight?

While in the big smoke Molly takes her daughter to a clinic for treatment. Has Billy now inadvertently committed an offence?

During the phone call Molly tells Billy she will be taking her daughter to the doctor in the big smoke and Billy tells her aww Gee Molly can't take you in the aircraft its against the law if you visit a doctor, but I'll drive you the 15 hours no worries.

Billy inadvertently falls asleep at the wheel on the way and gets wiped out by a road train killing them all.

Would these fatalities be added to CAsA's statistics? Okay silly question.

34,000 Angel Flight missions a year in the USA.
12,500 Angel Flight missions a year in Canada.

The previous DAS who WAS a pilot with some aeronautical experience looked at regulating Angel Flight and declined to act.

Carmody with no aviation experience at all decides it will rain aluminium if he doesn't act against absolutely no evidence of a problem that needed fixing, blackens the name of private pilots and the GA industry by inferring we are a bunch of homicidal lunatics out to slaughter anyone we come in contact with, creating in the publics eye GA is on a Par with ISIS.

Last edited by thorn bird; 16th Feb 2019 at 04:55.
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Old 16th Feb 2019, 06:04
  #156 (permalink)  
 
Join Date: Feb 2019
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Very Limited Consultation?

Originally Posted by Cloudee View Post


7 General requirements

(1) It is a condition on a flight crew licence that its holder must not operate an aircraft for a community service flight unless:

(a) the licence is a private pilot licence, commercial pilot licence or air transport pilot licence; and

(b) the flight is conducted in an aeroplane; and

(c) the aeroplane does not carry on board any persons other than:

(i) a patient mentioned in paragraph 6 (2) (a), and any other passenger who accompanies a patient to provide support and assistance



This instrument will dictate to pilots who can fly with them on a private flight!

i often take a mate, wife or family member, Earth Angel, Angel Flight staff or someone else along for the ride on an Angel Flight. This is now prohibited. I understand that Angel Flight have agreements in place with some airlines to carry Angel Flight clients and carers due to cancellations, etc. Does one of these flights constitute a CFS? Under the Instrument, no other passengers are to be carried.

Yet, further down in this goobledygook a CFS is limited to 5 passengers. Obviously all clients or carers.

i can not see how this improves safety!
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Old 16th Feb 2019, 08:18
  #157 (permalink)  
 
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I’ve looked at the Dictionary in CASR and it says:

flight crew licence:

(a) means a flight crew licence within the meaning of Part 61; and

(b) includes a certificate of validation of an overseas flight crew licence.

Is an RAAus RPC a flight crew licence within the meaning of Part 61?

Part 61 says:

flight crew licence means:

(a) a pilot licence; or

(b) a flight engineer licence; or

(c) a glider pilot licence.

and:

pilot licence means any of the following licences:

(a) an air transport pilot licence;

(b) a commercial pilot licence;

(c) a multi‑crew pilot licence;

(d) a private pilot licence;

(e) a recreational pilot licence.

If an RAAus RPC is not one of those, I don’t see how the instrument imposes any conditions on RPCs.
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Old 16th Feb 2019, 10:05
  #158 (permalink)  
 
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Clearly, an RPC is not a flight crew licence.
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Old 16th Feb 2019, 10:11
  #159 (permalink)  
 
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It would follow, then, that an instrument that “imposes conditions on flight crew licences” does not impose anything on RPCs.
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Old 16th Feb 2019, 12:00
  #160 (permalink)  
 
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I said very early on in this discussion that no NVFR will be a problem in winter getting volunteers to take on a flight/mission (call it what you want). The very reason being who can either afford the time off work or cost of overnighting somewhere all because you can't complete that last hour getting home? Most treatments by the time the patient signs in and gets set up will mean they don't get back to the city airport until around 5 pm. Most country flights will be 1 to 2 hours duration is my guess going on past experiance, meaning you are not going to get home before last light. Just what is the issue with NVFR anyway? Engine failure, loss of horizon,etc? I have been flying NVFR for 30 odd years and as long as you abide by the rules with enhanced VMC minima and lowest safe it is not an issue. If CASA wanted to be seen doing something about this scary ( to them ) night flying then make the minimum hours required say 50 or 100 at night before you could undertake it as a CSF.
My guess now will be one of two things will happen. Pilots will walk away from all day trips or do the inbound trip as a CSF and the outbound as a private NVFR flight on a sartime or flight note. CASA in my view in their stupidity are encouraging normal law abiding pilots with charitable hearts to flout the rules.
Again so unnecessary.
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