Civil Aviation Act 1988 and CASR: AOC, Parts 121/135/137 and DAMPs

Civil Aviation Act 1988 framework

The Civil Aviation Act 1988 (Cth) provides the legislative foundation for civil aviation safety in Australia. It establishes the Civil Aviation Safety Authority (CASA) as the safety regulator, as outlined in section 8. CASA’s primary function, as defined in section 9, is to conduct the safety regulation of civil air operations within Australian territory. This includes enforcing the Civil Aviation Regulations 1988, the Civil Aviation Safety Regulations 1998 (CASR), and Civil Aviation Orders. WHS Act primary duty section 19

A core requirement of the Act is that commercial aircraft operations are regulated. Section 27 prohibits the operation of an Australian aircraft for commercial purposes unless the operator holds a valid Air Operator's Certificate (AOC). This requirement ensures that operators meet specified safety standards before undertaking commercial air activities.

Australian air operators must hold an AOC consistent with the nature of their operations, as detailed within CASR Part 119. The AOC demonstrates compliance with the applicable safety regulations and allows the operator to conduct the specified commercial air activities.

Part 121, 135 and 137 operator obligations

Operators holding an Air Operator Certificate (AOC) under CASR Part 121 conduct air transport operations involving larger aeroplanes, defined as those exceeding 8500 kg maximum take-off weight or having more than 9 passenger seats. Similarly, CASR Part 135 governs air transport operations using smaller aeroplanes that fall below these thresholds. CASR Part 133 applies to rotorcraft air transport operations, following a similar structure to Parts 121 and 135. Aerial work operations in aeroplanes, such as aerial application and dispensing, are regulated by CASR Part 137. High risk work licences Australia categories may be required for certain tasks.

Regardless of the specific Part, all operators are obligated to maintain a comprehensive exposition document outlining their operational procedures. A designated accountable manager must be appointed to ensure compliance with the relevant regulations.

A key requirement for operators under all these Parts is adherence to a safety management system (SMS). This system must be implemented and maintained to manage safety risks associated with the operator’s activities.

Fatigue Risk Management Systems

Operators conducting operations under an Air Operator Certificate (AOC) may manage fatigue risk through either prescriptive flight, duty and rest period limits, or an approved Fatigue Risk Management System (FRMS). CASR Part 121.500 et seq. establishes the default scheme of prescriptive limits. Plant safety WHS regulations Chapter 5

An FRMS provides an alternative approach, requiring operators to demonstrate a robust system based on data-driven fatigue science. This system must include monitoring of fatigue indicators and a commitment to continuous improvement. Operators seeking FRMS approval must satisfy CASA that their system effectively manages fatigue risk.

Regardless of the chosen approach, operators are required to retain records of crew flight and duty time and make these available to CASA for inspection. These records are essential for demonstrating compliance with fatigue management requirements.

CASR Part 99 drug and alcohol management

CASR Part 99 establishes requirements for drug and alcohol management within the Australian aviation industry. It mandates that operators undertaking safety-sensitive aviation activities must possess a Drug and Alcohol Management Plan (DAMP) that is accepted by the Civil Aviation Safety Authority (CASA). These plans are designed to mitigate risks associated with impairment. [Industrial manslaughter laws by state] are a consideration for all aviation personnel.

The requirements of a DAMP encompass several elements, including providing education to personnel, conducting pre-employment and random drug and alcohol testing, implementing procedures for post-incident testing, and establishing referral pathways for rehabilitation. These measures aim to ensure the fitness for duty of those performing safety-critical functions.

CASA has the authority to conduct random drug and alcohol testing of safety-sensitive aviation personnel in accordance with Part 99. A positive test result or a refusal to submit to testing will result in a stand-down from safety-sensitive activities and may lead to disciplinary action. Operators are obligated to report DAMP outcomes and any related incidents to CASA, as detailed in the Part 99 Manual of Standards.