Part 63 - Consultation

Note: This statement does not form part of the rules contained in Part 63. It provides details of the consultation undertaken in making the rules.

Background to the Rules

In April 1988 the Swedavia - McGregor Report on civil aviation regulation in New Zealand was completed. Following the recommendations contained in that report, the Air Transport Division of the Ministry of Transport commenced a complete review and rewrite of all existing civil aviation legislation and where necessary initiated new legislation for the areas not previously covered.

Considerable research was carried out to determine the format for the new legislation. It was decided that the most suitable legislative framework should incorporate the advantages of the system being developed by the European Joint Aviation Authorities and published as Joint Aviation Requirements (JAR), and of the Federal Aviation Administration (FAA) of the United States of America. The JAR are structured in a manner similar to the FAA's Federal Aviation Regulations (FAR) and aim to achieve maximum harmonisation while allowing for national variations.

New Zealand's revised legislation will be published as Civil Aviation Rules (CAR) divided into Parts. Each Part will convey a series of individual rules which relate to a particular aviation activity.

Accompanying each Part of the CAR will be at least one associated Advisory Circular (AC) which will expand, in an informative way, specific requirements of the CAR and describe an acceptable means of compliance. For example, an AC may contain the minimum acceptable practice or standard which would be necessary to meet a rule.

The CAR numbering system is based on the FAR system. As a general principle the subject matter of a Part will be the same or similar to the FAR although the title may differ to suit New Zealand terminology. Where a CAR does not readily equate with a FAR number code, a number has been selected that does not conflict with any existing FAR Part.

The FAR has been used as the starting point for the development of many CAR but there are likely to be significant differences in the content of the rule. Changes have been made to conform to New Zealand legal practices and terminology.

The objective of the new rules system is to strike a balance of responsibility between the State authority and those who provide services and exercise privileges in the civil aviation system. This balance must enable the State authority to maintain continuing regulatory control and supervision while providing the maximum flexibility for participants to develop their own means of compliance.

Section 7 of the Civil Aviation Act 1990 (the Act) provides for the requirement to hold an aviation document for carrying out particular civil aviation activities. Section 12 of the Act requires the holders of such documents to carry out their activities safely and in accordance with the relevant prescribed safety standards and practices.

Notice of Proposed Rule Making

To provide public notice of, and opportunity for comment on the proposed new rules, the Authority, issued Notice of Proposed Rule Making 95-4 under Docket Number 1139 on 30 August 1995. This Notice proposed the introduction of Civil Aviation Rules Part 63 to provide a regulatory safety boundary for Flight Engineer Licences and Ratings

Supplementary Information

All comments made on the Notice of Proposed Rule Making are available in the rules docket for examination by interested persons. A report summarising each substantive contact with the Civil Aviation Authority contact person concerning this rule making has been filed in the docket. It should be noted that the references to Rule numbers given below relate to the NPRM draft, and that the corresponding Rules may be numbered differently in the Final Rule.

Availability of the Document

Any person may view a copy of these rules at the Civil Aviation Authority, Level 15 Asteron Centre, 55 Featherston St, Wellington 6140. Copies may be obtained from the Civil Aviation Authority of New Zealand, PO Box 3555, Wellington 6140.

Summary of Comments on Docket Number 1139 NPRM

1. General comments

1.1 NZ Association of Marine, Aviation and Power Engineers commented "with respect to the NPRM, we consider it pretty much right on the mark."

1.2 Rural Aviation (1963) commented they "cannot see anything contained in the NPRM which appears to be out of line with the comparable requirements of Part 61."

1.3 Air New Zealand commented "throughout Part 63 where reference is made to flight tests, we assume that this means either in the aircraft or in the simulator as appropriate."

Civil Aviation Authority reply is that the requirements have been developed to make clear where there is a simulator option.

1.4 Air New Zealand commented that "with the introduction of Examiner and Instructor ratings we would like to have clarified the situation with Simulator Instructors who currently operate on Approvals only."

Civil Aviation Authority reply is that this situation applies to approved type rating courses which in the future will be controlled by Part 141 or the equivalent under operational rule Parts. Simulator instructors instructing on those courses will therefore have to comply with Part 141 requirements, not Part 63.

1.5 NZ Association of Marine, Aviation and Power Engineers ask if in the summary of comments on page 8 of the NPRM; AC 63.23.1 should have read AC 63.21; and CASO 12 Pt 1 2.6.16 should have read 2.6.6.

Civil Aviation Authority agrees these were misprints but neither affects either the NPRM draft nor the final rule.

1.6 NZ Association of Marine, Aviation and Power Engineers asks for clarification that flight engineers will continue to be eligible for Class 1 medical certificates on the basis of Class 2 visual standards.

Civil Aviation Authority confirm that the medical procedures provide for the issue of Class 1 medical certificates, endorsed for flight engineer use only, on the basis of Class 2 visual standards.

1.7 NZ Association of Marine, Aviation and Power Engineers commented various parts of the rule require "clarification of the term "flight" as in flight instruction, flight situation, and flight test."

Civil Aviation Authority has made these clarifications.

2. Specific Comments on the NPRM

2.1 63.9 Application for Licences and Ratings

NZ Association of Marine, Aviation and Power Engineers commented that they would like the opportunity to view the application form CAA 24063/01.

Civil Aviation Authority has decided that the application form for flight engineers will now be the same form CAA 24961/01 as for pilots and has shown this as requested.

2.2 63.25 Biennial Flight Review

NZ Association of Marine, Aviation and Power Engineers ask that appropriate use can be made of a flight simulators for Biennial Flight Reviews.

Civil Aviation Authority has amended the Rule to allow this.

2.3 63.29 Offences involving Alcohol or Drugs

NZ Association of Marine, Aviation and Power Engineers commented in a full submission that "we still remain uneasy with the concept of this Part giving rise to the suspension or cancellation of licence or refusal to grant a licence or rating for any alcohol or drug related offence."

Civil Aviation Authority reply is that although this provision gives the Civil Aviation Authority the right to take this action, it is not mandatory and must be in accordance with the provisions of the Act.

2.4 63.103 Flight Engineer Licences Eligibility Requirements

NZ Association of Marine, Aviation and Power Engineers ask if an applicant for a flight engineer licence must hold a cadet flight engineer licence.

Civil Aviation Authority reply is that this requirement was effectively already there but has now been specifically listed.

2.5 63.107 Flight Engineer Licence Recent Experience Requirements

Air New Zealand wish to add to the recent experience requirements that "when 90 days has been exceeded half of the required flight time may be carried out in an approved flight simulator under supervision."

NZ Association of Marine, Aviation and Power Engineers ask if "flight" includes simulator time and contends that some of this flight time should be accreditable to simulator time.

Civil Aviation Authority has amended the recent experience requirements, in response to the two comments, to allow up to half the requirement to be gained in flight simulators.

2.6 63.203 Aircraft Type Ratings Eligibility Requirements

Air New Zealand wish to change the flight time requirements for type ratings from 8 hours to 6 hours and present a supporting case for this.

Civil Aviation Authority has discussed this with the submitter and it has been agreed to leave the requirement as it is.

2.7 63.253 Flight Engineer Instructor Ratings Eligibility Requirements

NZ Association of Marine, Aviation and Power Engineers ask that abnormal procedures be added to the flight test.

Civil Aviation Authority has made this amendment.

NZ Association of Marine, Aviation and Power Engineers ask that the flight test allow appropriate use of flight simulators.

Civil Aviation Authority have amended the rule to allow this.

2.8 63.255 Flight Engineer Instructor Rating Privileges and Limitations

NZ Association of Marine, Aviation and Power Engineers asks "does the "issue" of a type rating mean that the instructor can "conduct" the appropriate tests for the issue of a type rating?"

Civil Aviation Authority have amended the wording to include "assess" to clarify that the instructors' privileges do include this.

NZ Association of Marine, Aviation and Power Engineers ask that abnormal procedures be added to the flight test.

Civil Aviation Authority has made this amendment.

NZ Association of Marine, Aviation and Power Engineers ask that the flight test allow appropriate use of flight simulators.

Civil Aviation Authority have amended the rule to allow this.

2.9 63.303 Flight Engineer Examiner Ratings Eligibility Requirements

Air New Zealand commented "a Civil Aviation Authority FTO must be competent to be able to assess the ability to perform the duties of a Flight Engineer examiner" and suggest replacing "Civil Aviation Authority FTO" with "an appropriately approved Flight Engineer examiner" or "ensure that FTO has suitable competencies in the technical subjects."

Civil Aviation Authority reply is that the task of the FTO is to assess the applicant's ability as an examiner, not as a flight engineer.

2.10 63.305 Flight Engineer Examiner Ratings Privileges and Limitations.

Air New Zealand ask if the term "ratings" in (a)(2) should be "licence and type ratings".

NZ Association of Marine, Aviation and Power Engineers also ask if the word "rating" should be "licence".

Civil Aviation Authority reply to the above two comments is that the term has been changed to "licences". The ratings are already authorised under the instructor rating.

NZ Association of Marine, Aviation and Power Engineers ask that the flight test allow appropriate use of flight simulators.

Civil Aviation Authority have amended the rule to allow this.

Air New Zealand again commented in (b) that "no Civil Aviation Authority Flight Testing Officers are currently competent to assess the ability to perform the duties of a Flight Engineer examiner. We suggest replace "Civil Aviation Authority FTO" with "an appropriately approved Flight Engineer Examiner" or qualify Flight Testing Officers as Flight Engineer examiners."

Civil Aviation Authority reply is again that the task of the Civil Aviation Authority FTO is to assess the applicant's ongoing ability as an examiner, not as a flight engineer. It is the flight engineer examiner who requires the highest level of flight engineer technical competency.

Transitional arrangements

Under rule 63.7 cadet flight engineer licences and flight engineer licences issued before the date Part 63 comes into force are deemed to be licences issued under that Part. They may be exchanged for a new licence under Part 63 without any further examination or test.

Ratings held on a licence issued before the date Part 63 comes into force carry over to a licence issued under Part 63 and are deemed to have been issued under that Part.

Regulatory Evaluation

The following action will occur at the time of commencement of this Part:

Civil Aviation Regulations 1953

1. Revocation of regulations 243 and 244.

2. Amendments to regulations 53(1), 228, 232, and 235.

Civil Aviation Rules none

New Zealand Civil Airworthiness Requirements – none

Civil Aviation Safety Orders – Revocation of CASO 12, Parts 13, 14, and 18; and CASO 16

Aeronautical Information Circular – None

Conclusion

The Authority concludes from this consultation that the majority of the aviation industry participants favour the direction of the new rules. Specific issues that were identified in the comments received from the consultative group have been addressed. The rules also meet New Zealand's international obligations under the applicable ICAO Annex. The comments and all the background material used in developing the rules are held on the docket file and are available for public scrutiny. Persons wishing to view the docket file should call at the Civil Aviation Authority, Level 15 Asteron Centre, 55 Featherston St, Wellington 6140, and ask for docket file 1139.