A Notice of Proposed Rule Making (NPRM) asks for comments on proposed rule changes. Anyone can make a submission during the public consultation period.
After the consultation period has closed, a summary of public submissions is published with our responses. We then prepare the draft final rule for the Ministry of Transport.
As a result of public submissions, the draft final rule may contain amendments to the proposal in the NPRM. Such changes are noted in our responses, and in the text supporting the draft final rule.
If any of the NPRM proposals are to be significantly amended as a result of the public submissions, we will engage in further consultation before the draft final rule is forwarded to the Ministry.
NPRM 24-02 - Drug and Alcohol Management Plans and Testing [PDF 989 KB]
The purpose of this rule-making proposal is to develop rules to support, and give effect to, the provisions in the Civil Aviation Act 2023 (2023 Act) for drug and alcohol management plans and testing.
To give certainty to aviation participants, the rules will be in place well before 5 April 2025 - the date of the 2023 Act’s commencement and the beginning of a two-year transitional period during which DAMPs are developed and approved.
The 2023 Act provides for a narrowing of the scope of DAMP operators through the civil aviation rules that specify which “class of persons” must have a drug and alcohol plan.
Submissions closed Friday 10 May 2024.
A new Part 99 - Drug and Alcohol Management Plans (DAMPs) is proposed.
Draft rule 99.5 specifies the certificates, the holding of which is one of the requirements that identifies a DAMP operator.
Draft rule 99.9 would affect certificate holders who meet the definition of DAMP operator on 5 April 2025 (meaning they are 'current DAMP operators'). The proposal is that they submit their first drug and alcohol management plans to CAA in a staggered way – Group 1 before 1 October 2025 and Group 2 before 1 July 2026.
Administrative matters:
Draft rules also propose the use of transport instruments (a new mechanism under the 2023 Act, similar to CAA notices), to allow the Director to:
For this last proposal a draft transport instrument is included in the NPRM.
Consequential changes are proposed to 15 certification rule parts [see annex to rule 99.23]:
To assist understanding of the 2023 Act provisions and the effect of the proposed rules, a draft advisory circular has been developed. As well as providing answers to questions you may have on the drug and alcohol regime being introduced, it contains a draft DAMP template, designed to reduce the administrative cost to participants.
You can review this draft here:
Notice of Proposed Rule Making PRM 23-01 - Assorted issues [PDF 939 KB]
The purpose of this rule-making proposal is to make minor amendments to various rules that are considered not significant enough in nature or impact to warrant their own rule proposal. Traditionally, there have been two categories of rule changes: Omnibus, for minor editorial and drafting changes; and standard for all others. In 2016, a third category was developed, Small Issues, to package together a suite of distinct rule changes that are not Omnibus changes but that also do not require the extensive cost-benefit analysis of standard rule changes because the costs are insignificant. These changes are not likely, on an individual basis, to be prioritised high enough for proceeding with rule development. The name was changed to Assorted Issues as these are a variety of issues, but not necessarily small in size or importance.
Note: The Assorted Rules will not be in force by April 2024. The CAA is committed to reviewing and giving due consideration to all the submissions received, and there will be adequate time allocated to the post consultation process to ensure that feedback can be incorporated into the final rules as appropriate.
The Assorted Issues Rule proposal proposes a broad range of minor amendments to CAR Parts 1, 61, 91, 121, 129, 145 and 172. There are 10 distinct policy items in this NPRM set out below:
Submissions closed 25 March 2024.
Notice of Proposed Rule Making NPRM 22-01 Part 139 Runway Condition Reporting [PDF 457 KB]
The purpose of this proposal is to update the Rules that prescribe the requirements relating to Runway Condition Reporting (RCR) to be fit for purpose. In its current form, the affected Rules are not workable with the use of the term ‘real time’.
Aerodromes already inspect their runways as part of a more general inspection programme. The proposal is part of the implementation of a globally standardised approach which has been tested and validated to replace subjective judgements with objective assessments directly tied to criteria relevant for aeroplane performance. New Zealand is one of many countries implementing RCR. Ensuring global consistency, where appropriate, is important to New Zealand remaining part of the global aviation system.
ICAO have amended their Standards and Recommended Practices (SARPs) and produced a range of guidance to support the implementation of standardised runway condition reporting (RCR). The revised SARPs came into effect on 5 November 2020. The current rule 139.103(b)(3) which was put in place before ICAO finalised their SARPS, is not practicable and will not enable New Zealand to implement the globally standardised method.
A main feature of the proposal is it allows a holder of an aerodrome operator certificate the flexibility to choose an assessment method and an RCR method that is proportionate to its needs; takes into account its resources and unique set of circumstances, whilst passengers reap the safety benefits of RCR.
The proposal includes consequential amendments to Parts 172, 121, 125, 135 and 1 to give full effect to the proposal.
In tandem with this NPRM, we also did a substantive revision of AC139-3, Aerodrome Inspection Programme and Condition Reporting.
Submissions closed 30 Nov 2022.
The existing regulatory framework for PBN is based on Civil Aviation Rules (CARs) that are unclear, out of date and do not fully support all aspects of PBN operations.
This creates an unnecessary regulatory burden that affects operators in terms of their understanding of requirements and their ability to maximise the benefits of PBN operations. It also affects the Civil Aviation Authority because of the additional resource needed to administer the requirements and the lack of a clear framework for implementing new and amended PBN specifications.
To address this problem, we are proposing a package of regulatory changes and associated guidance material that will create a modern, fit for purpose regulatory framework that enables the potential benefits of PBN to be achieved.
This package includes new and revised CARs, detailed technical and operational requirements contained in notices, and acceptable means of complying with requirements.
NPRM 20-01 Part 91 Performance Based Navigation Regulatory Framework [PDF 595 KB]
The purpose of this rule-making proposal is to further update the Civil Aviation Rules (the Rules) to complete the transition from secondary surveillance radar to Automatic Dependent Surveillance Broadcast (ADS-B) Out as the primary source of data for surveillance in New Zealand. This is the second phase for ADS-B uptake in New Zealand as part of the wider New Southern Sky (NSS) programme. The first phase had brought in ADS-B for all aircraft that operate in controlled airspace above flight level 245. The aim of the proposal is to provide a regulatory framework for the safe and effective introduction of ADS-B in controlled airspace below flight level 245 in the New Zealand Information Region. As the current primary and secondary surveillance radar are coming to the end of life at the end of 2021, it is proposed that ADS-B be the primary source of surveillance from 31 December 2021.
This proposal relates primarily to Part 91 and includes proposed consequential amendments to Parts 1 and 172.
NPRM 19-05 Part 91 Mandatory ADS-B Below Flight Level 245 [PDF 287 KB]
Submissions closed 21 Feb 2020
Summary of submissions from consultation in Apr/May 2019 [PDF 200 KB]
The purpose of this rule-making proposal is to adopt a standard of medical certification for New Zealand private pilots that:
Based on overseas practice, public consultation and analysis, the CAA proposes that the medical standard for a commercial driver licence that is applicable for a class 2, 3, 4 or 5 with passenger endorsement[1] apply in respect of certain privileges for a private pilot licence (PPL) as specified in the proposed rules. The same standard currently applies to a recreational pilot licence (RPL).
The CAA proposes that the RPL category be revoked.
The CAA also proposes that PPL pilots flying on the commercial driver licence medical standard be allowed to exercise the following privileges:
The CAA further proposes that PPL pilots flying on the commercial driver licence medical standard be prohibited from carrying out the following activities:
[1] A medical certificate for a commercial driver licence is issued in accordance with section 44(1) of the Land Transport (Driver Licensing) Rule 1999.
NPRM 19-04 Part 61 Private Pilot Licence Medical Review [PDF 1.2 MB]
Submissions closed 03 Feb 2020 (note this was extended from 27 Jan 2020 at the request of the aviation community).
