Explanatory Statement. Civil Aviation Safety Regulations Exemption from holding a class 2 medical certificate

Transcription

1 Explanatory Statement Civil Aviation Safety Regulations 1998 Exemption from holding a class 2 medical certificate Purpose This instrument exempts pilots using certain aircraft in certain private operations from the requirement to hold a class 2 medical certificate provided they hold a form of unconditional private motor vehicle driver s licence medical certificate issued by a registered medical practitioner (GP) under uniform (but CASA modified) medical standards contained in the Austroads Inc. publication Assessing fitness to drive for commercial and private vehicle drivers: medical standards for licensing and clinical management guidelines. Background CASA has considered representations from the general aviation sector to create a cheaper and more accessible form of GP medical clearance for certain private pilots than the current class 2 medical certificate which may only be issued by a specially appointed DAME (a designated aviation medical examiner). Before broadly agreeing to the representations, CASA examined the on-going aviation use and safety record of driver s licence-related medical clearance in the UK and New Zealand. CASA has also considered the use of driver s licence-related medical standards in sport aviation in the USA and the debate underway there to extend this use. Consideration has been given to the movement in Europe (under EASA, the European Aviation Safety Agency) towards aviation use of driver s licence-related medical standards. CASA has also consulted leading Australian aviation insurance companies for their general views on the use of a driver s licence-related medical standard. Finally, CASA has considered the specifically Australian experience of the strong membership of RA-Aus (Recreational Aviation Australia) which uses self-declaration medical procedures based on the Austroads Inc. standards. CASA is satisfied that, with some significant additional precautionary restrictions and constraints, use of Austroads Inc. unconditional private motor vehicle driver s licence medical certificate standards preserves an acceptable level of aviation safety, while also offering a more accessible and economic form of medical clearance for the defined category of private aviators to whom the exemption applies. Legislation medical certificates Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation. Under subregulation 5.04 (1) of the Civil Aviation Regulations 1988 (CAR 1988), the holder of a flight crew licence must not perform a duty authorised by the licence if the person does not hold a current medical certificate that is appropriate to the licence.

2 2 Under subregulation 5.04 (3) of CAR 1988, a class 1 medical certificate is appropriate for the higher end of licences: air transport pilot, commercial pilot (except balloons), multi-crew pilot (aeroplane), and flight engineer (or student flight engineer). Under subregulation 5.04 (4) of CAR 1988, a class 1 or class 2 medical certificate is appropriate for other licences: commercial pilot (balloons), private pilot, student pilot, and flight radiotelephone. Under subregulation 5.07 (1) of CAR 1988, a person who does not hold a flight crew licence must not attempt a flight test for the licence, or undertake an assessment with a chief flying instructor (CFI) for the purpose of enabling the CFI to make a determination under subregulation 5.83 (2) of CAR 1988, if the person does not hold a class 1 or class 2 medical certificate. (A determination under subregulation 5.83 (2) of CAR 1988 is one made by a CFI that a person has certain prescribed aeronautical experience (at least 40 hours flight time as a pilot) which can be taken to be training for a private pilot (aeroplane) licence.) Under paragraph 5.07 (2) (a) of CAR 1988, among other things, an approved testing officer (ATO) may conduct a flight test for the issue of a flight crew licence only if the person attempting the test holds a current class 1 or class 2 medical certificate. Under paragraph 5.07 (3) (a) of CAR 1988, among other things, a CFI may conduct an assessment of a person for a determination under subregulation 5.83 (2) of CAR 1988 only if the person holds a current class 1 or class 2 medical certificate. Part 67 of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides for the appointment of DAMEs (and other specialists), and includes the 3 sets of medical standards (1 to 3) that class 1, 2 and 3 medical certificates are to meet. Under regulation 5.56 of CAR 1988 (in particular paragraph 5.56 (1) (c)), it is a strict liability offence for the holder of a flight crew licence to fail to produce his or her medical certificate for inspection by CASA. Legislation exemptions Subpart 11.F of CASR 1998, as amended from 27 June 2011 by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 2) deals with exemptions. Under subregulation (1) of CASR 1998, and for subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from a provision of CAR 1988, CASR 1998 or a CAO in relation to a matter mentioned in subsection 98 (5A). Under subregulation (2) of CASR 1998, an exemption may be granted to a person or a class of persons. Under subregulation (3), CASA may grant an exemption on application, or on its own initiative. For an application for an exemption, CASA must regard as paramount the preservation of an acceptable level of safety. For making a decision on its own initiative, CASA is guided by the requirement in subsection 9A (1) of the Act that in exercising its powers and functions CASA must regard the safety of air navigation as the most important consideration.

3 3 Under regulation of CASR 1998, CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Under regulation , it is a strict liability offence not to comply with the obligations imposed by a condition. Under regulation , CASA must, as soon as practicable, publish on the Internet details of all exemptions under Subpart 11.F. Under subregulation (1), an exemption (but not an exceptional circumstances exemption for regulation about major emergencies) may remain in force for 3 years or for a shorter period specified in the instrument. Under subregulation (3), an exemption in force in relation to a particular aircraft owned by a particular person ceases to be in force when the aircraft ceases to be owned by that person. Under regulation , an exemption is not transferable (as between operators, aircraft etc.). The exemption The exemption is a detailed instrument which, for the category of persons to whom it apples, sets out an alternative set of medical requirements in substitution for those in the relevant provisions of regulations 5.04 and 5.07 of CAR 1988, and Part 67 of CASR These provisions generally require a class 2 medical certificate issued by a DAME. For private pilots who fall within the definitional structure of the exemption and who can meet all of its conditions, the exemption permits use instead of a modified unconditional private motor vehicle driver s licence medical certificate issued by a GP. The key aspects of the exemption from class 2 medical certificates are set out below. Eligible person The exemption only applies to an eligible person, defined as a person who is 1 or more of the following: (a) the holder of a private pilot licence, a commercial pilot licence or an air transport pilot licence, issued by CASA; (b) the holder of a student pilot licence issued by CASA; (c) the holder of a flight radiotelephone licence (FROL) issued by CASA. The exemption only applies to an eligible person in an eligible operation. An eligible operation is limited to a day V.F.R. operation in Australia in an aircraft that is not: (a) rocket-powered or turbine-powered; or (b) a multi-engine aircraft; or (c) greater than kg maximum take-off weight (MTOW). The exemption does not apply to an excluded person, defined as a person who fails to meet the aviation fitness standards for a DL medical certificate (aviation). Aviation fitness standards The aviation fitness standards are defined to mean the Austroads standards, as modified by additional CASA standards.

4 4 The Austroads standards means the medical standards for the issue of an unconditional private motor vehicle driver s licence medical certificate, as contained in the Austroads Inc. publication Assessing fitness to drive for commercial and private vehicle drivers: medical standards for licensing and clinical management guidelines, March 2012, or later version as in force from time to time. Modifying CASA standards The modifying CASA standards, as set out in Schedule 2 of the exemption instrument, have the effect of making the Austroads unconditional private motor vehicle driver s licence medical certificate standards significantly more stringent for aviation purposes, and failure to meet them (or any of the usual Austroads unconditional licence standards) disqualifies a person from receiving a DL medical certificate (aviation). The additional disqualifying standards include: (a) a history of cancer (other than brain cancer) within the 5 years immediately before the medical assessment; however, subject to certain conditions, a history of cancer (other than brain cancer) for a person does not include a history of basal cell skin cancers provided each such cancer has been treated by excision with no metastasized sequelae; and (b) a history of ECG changes; and (c) a history of heart failure (with some qualifications); and (d) inability to hear a conversational speaking voice at 2 metres distance, whether unaided or with the assistance of a medically prescribed hearing aid; and (e) any musculoskeletal disability, disorder or disease of the bones, joints, muscles or tendons, which restrict normal manipulation of aircraft controls, or require physical modifications to the aircraft; and (f) a history of transient ischaemic attack; and (g) a history of multiple sclerosis, cerebral palsy or Parkinson s disease; and (h) a history of non-trivial head injury (as defined); and (i) a history of renal colic or calculi; and (j) active vertigo or a history of benign paroxysmal positional vertigo (BPPV). Thus, the DL medical certificate (aviation) is defined as a medical certificate that: (a) if it were issued for the purposes of driving a motor vehicle, would qualify a person, in accordance with the Austroads standards, for an unconditional licence to drive a private motor vehicle in Australia; and (b) is issued to the person in an Australian State or Territory by a GP in compliance with the modifications of the Austroads standards mentioned in the definition of aviation fitness standards; and (c) is issued for a period not exceeding 2 years for persons aged under 65, and 1 year for persons aged 65 and over; and (d) is in the form set out in Schedule 3 (the CASA form).

5 5 Eyesight The exemption provides that a person will not be regarded as having failed to meet the medical standard if they have sight in both eyes and merely wear glasses or contact lenses which correct the person s Distance Visual Acuity (DVA) to at least 6 / 12 in one eye and at least 6 / 18 in the other eye. Thus, if a person would fail to qualify for a DL medical certificate (aviation), and the only medical condition causing failure relates solely to an ophthalmic condition for which the normal use of standard prescribed refractive corrective lenses is the only medical requirement, then a DL medical certificate (aviation), may be issued to the person as if he or she had not failed. However, the certificate must be ticked to show that the following condition applies: The certificate holder must wear corrective lenses at all times when using this certificate for aviation purposes.. Registration As a precautionary information-gathering requirement for audit and surveillance purposes, the exemption does not apply to an eligible person until the person has registered on the designated CASA online portal the signed and dated medical questionnaire, medical assessment and DL medical certificate (aviation), along with a declaration of intent to be bound by the conditions of the exemption. The person must also have received CASA s acknowledgment of registration. Eligible ATOs and CFIs The exemption applies to an ATO in Australia (an eligible ATO) conducting a flight test under subregulation 5.07 (2) of CAR 1988 for the issue of a private pilot licence to a person who is not the holder of a class 1 or class 2 medical certificate. The exemption also applies to a CFI in Australia (an eligible CFI) conducting an assessment of a person under subregulation 5.07 (3) of CAR 1988 for a determination under subregulation 5.83 (2), when the person is not the holder of a class 1 or class 2 medical certificate. There is no comparable requirement for an eligible ATO or eligible CFI to register with CASA. Scope of exemption Eligible persons The exemption provides that an eligible person is exempt from compliance with subregulation 5.04 (1) of CAR 1988 to the extent of the requirement that the person must hold a class 1 or class 2 medical certificate for performing a duty authorised by: (a) a private pilot licence; or (b) a commercial pilot licence or an air transport pilot licence but only for the exercise of the privileges of a private pilot as conferred by the holding of a commercial pilot, or air transport pilot, licence; or (c) a student pilot licence; or (d) a FROL. The exemption also provides that an eligible person is exempt from compliance with subregulation 5.07 (1) of CAR 1988 to the extent of the requirement that the person

6 6 must hold a class 1 or class 2 medical certificate before attempting a flight test or undertaking an assessment mentioned in paragraph 5.07 (1) (a) or (b). The exemption is subject to the conditions mentioned in Schedule 1. A Note explains that unless all conditions of the exemption have been complied with, a person may not fly or continue to fly under the exemption. As a result, any flight not under the exemption would require a class 1 or class 2 medical certificate in the usual way. Eligible ATOs An eligible ATO conducting a flight test for a private pilot licence is exempt from the requirement that the eligible person must first hold a current class 1 or class 2 medical certificate, provided that the eligible ATO sights a copy of the eligible person s current DL medical certificate (aviation) and acknowledgment of registration (or re-registration). The test flight must also be restricted, a defined term meaning conducted within the limitations required of the eligible person by the conditions of the exemption. Eligible CFIs An eligible CFI conducting an assessment of a person for a determination of relevant aeronautical experience is exempt from the requirement that the eligible person must first hold a class 1 or class 2 medical certificate provided that the CFI sights a copy of the eligible person s current DL medical certificate (aviation) and acknowledgment of registration (or re-registration) and ensures that the assessment is restricted. Schedule 1 procedural and operational conditions Schedule 1 contains a number of procedural and operational conditions that an eligible person must meet. Failure to comply with a condition renders the exemption inoperative for an eligible person and he or she is then subject to the normal regulatory requirements of CAR 1988 in respect of holding a class 1 or class 2 medical certificate. Registration, renewal, re-registration As noted above, the exemption does not apply to an eligible person until the person has registered on the designated CASA online portal and received a CASA acknowledgment. An eligible person may renew his or her DL medical certificate (aviation) (and re-register) before the certificate expires A renewed DL medical certificate does not apply until the person has registered on the designated CASA online portal the new signed and dated medical questionnaire, medical assessment and DL medical certificate (aviation), along with a declaration of intent to be bound by the conditions of the exemption. The designated CASA online portal will provide the eligible person with an automatic acknowledgement of re-registration, a copy of which must (as mentioned above) be sighted by any relevant ATO or CFI. Consequence of failure to renew A condition makes it clear that if the eligible person fails to renew and re-register in the correct way, the exemption ceases to apply to the person until the person correctly completes renewal of the DL medical certificate (aviation) and re-registration.

7 7 Production of certificate when required An eligible person must produce his or her current DL medical certificate (aviation) (and the CASA acknowledgment of registration or re-registration) in accordance with the requirements of regulation 5.56 of CAR 1988, as if the DL medical certificate (aviation) were a class 1 or class 2 medical certificate for the purposes of that regulation. Ceasing to meet aviation fitness standards The conditions address the question of a person s loss of relevant medical fitness despite holding a current DL medical certificate (aviation). There are 4 possible circumstances that may arise: (a) the person may (objectively) cease to meet the aviation fitness standards; or (b) the person may have reasonable grounds to believe that he or she has ceased to meet the aviation fitness standards; or (c) the person s GP may reasonably believe that the person has ceased to meet the aviation fitness standards and inform the person of this; or (d) CASA may reasonably consider that the person has ceased to meet the aviation fitness standards and inform the person of this. If any of these circumstances arise, the exemption ceases to apply and the eligible person must immediately, or if in flight as soon as practicable, cease to exercise the privileges of their licence. Resumption of exemption However, the exemption resumes its application to the person if he or she successfully completes a series of prudential steps. Thus, he or she must report the medical condition to the GP who issued the DL medical certificate (aviation) or (if unavailable) to another GP or (if CASA had considered that the person had ceased to meet the aviation fitness standards to a CASA-nominated medical practitioner. The person must be re-assessed by the medical practitioner and considered to meet the aviation fitness standards. If the medical practitioner issues a new DL medical certificate (aviation), or alters the date of expiry of the current DL medical certificate (aviation), the person must re-register with CASA. If the medical practitioner considers that the person meets the aviation fitness standards and does not issue a new DL medical certificate (aviation) or alter its date of expiry, the person s existing DL medical certificate (aviation) remains valid until its expiry date, or until again affected by clause 6. Continued failure to meet the aviation fitness standards If the exemption does not resume its application to the person because he or she is not considered by a GP to meet the aviation fitness standards, the person must notify CASA, on the CASA online portal designated for this purpose, that they no longer hold a DL medical certificate (aviation).

8 8 This is an important obligation which must not be ignored, notwithstanding that the person is in effect grounded and the exemption appears to no longer have any role or be relevant to them. A Note explains that such notification is required because it indicates to CASA willingness to comply with conditions should the person subsequently be considered by a GP to meet the aviation fitness standards for a DL medical certificate (aviation). Duty of full disclosure It is a condition of the exemption that a person must make a full health and medical disclosure to the examining GP, including medical conditions or symptoms (if any), medical treatment (if any) and medications (if any) during the 2 years before the examination, and any change in health, medical conditions, symptomology or medications (if any) since last attending a registered medical practitioner. Certain operational restrictions The conditions of the exemption also impose restrictions on the airspace that may be used by exempted pilots, on the carriage of passengers, and on the kind of flight that may be engaged in. Restriction on use of airspace An eligible person holding a DL medical certificate (aviation) must not operate an aircraft as pilot in command in any airspace above ft AMSL (above mean sea level). However, this restriction does not apply if a control seat on the aircraft is occupied by an appropriately licensed pilot with a current class 1 or class 2 medical certificate. Restriction on carriage of passengers An eligible person holding a DL medical certificate (aviation) must not operate an aircraft with more than 1 passenger on board, and that 1 passenger (if carried) must be a qualifying passenger. This is a defined term meaning a passenger who, before boarding an aircraft, has been told by the eligible person that he or she holds a current DL medical certificate (aviation) that is of a lower medical standard than a class 1 or class 2 medical certificate normally required but that he or she is acting under a CASA exemption which imposes conditions, all of which are, and will be, complied with for the flight. However, this restriction does not apply if a control seat on the aircraft is occupied by an appropriately licensed pilot with a current class 1 or class 2 medical certificate. Restriction on acrobatic flight An eligible person holding a DL medical certificate (aviation) must not operate an aircraft in acrobatic flight. However, this restriction does not apply if a control seat on the aircraft is occupied by an appropriately licensed and acrobatic flight-endorsed pilot with a current class 1 or class 2 medical certificate, and the eligible person s licence is also endorsed for acrobatic flight.

9 9 Schedule 2 CASA s modifications to the Austroads standards As mentioned above, Schedule 2 contains CASA s modifications to the Austroads standards. These modifications are additional standards which have the effect of disqualifying certain persons from issue of a DL medical certificate (aviation). Without these additional standards a person could, all other things being equal, be entitled to hold an unconditional private motor vehicle driver s licence medical certificate under the Austroads Inc. standards. However, it is CASA s view that this could create unacceptable medical risks to aviation safety and CASA has responded to this concern by prescribing the exclusionary modifications set out in Schedule 2. The exemption provides that, despite anything in the Austroads standards, the medical circumstances mentioned in clause 2 disqualify a person in those circumstances from receiving a DL medical certificate (aviation) for this exemption. Additional standards The clause 2 medical circumstances are: (a) a history of cancer (other than brain cancer) within the 5 years immediately before the medical assessment for the DL medical certificate (aviation) (the assessment); however, a history of cancer (other than brain cancer) for a person does not include a history of basal cell skin cancers provided each such cancer has been treated by excision with no metastasized sequelae; and (b) a history of ECG changes, with or without symptoms; and (c) subject to clause 3 a history of heart failure; and (d) at the time of the assessment inability to hear a conversational speaking voice at a distance of 2 metre, whether unaided or with the assistance of a medically prescribed hearing aid; and (e) any musculoskeletal disability, disorder or disease of the bones, joints, muscles or tendons, which would limit or restrict the normal manipulation of aircraft controls, or would require physical modifications to the aircraft to enable appropriate manipulation of the controls; and (f) a history of transient ischaemic attack; and (g) a history of multiple sclerosis, cerebral palsy or Parkinson s disease; and (h) a history of non-trivial head injury; and (i) a history of renal colic or calculi; and (j) for vestibular disorders active vertigo or a history of benign paroxysmal positional vertigo (BPPV). Basal cell skin cancers Clause 3 provides that a history of cancer for a person (other than brain cancer) does not include a history of basal cell skin cancers provided: (a) each basal cell skin cancer has been treated by excision with no metastasized sequelae; and

10 10 (b) since at least the last occurrence of a basal cell skin cancer, the person has been under active and continuous case management by: (i) a registered medical practitioner who is a specialist oncology physician or surgeon; and (ii) 1 of the following: (A) the same GP (the treating GP) in a professional medical practice; (B) a GP in the professional medical practice with the treating GP (a colleague GP); (C) if the treating GP and the colleague GP are no longer in the medical practice a successor GP in the treating GP s former medical practice; and (c) the assessment for the DL medical certificate (aviation) is carried out by the treating GP or, if he or she is not available, by a GP mentioned in sub-subparagraph (b) (ii) (B) or (C). Heart failure Clause 4 provides that a history of heart failure for a person does not include a history in which the person meets all of the following requirements: (a) the person has not had an episode of heart failure for at least 3 years at the time of the assessment; (b) since at least the last episode of heart failure, the person has been under active and continuous case management by: (i) a registered medical practitioner who is a specialist cardiovascular physician or surgeon; and (ii) 1 of the following: (A) the same GP (the treating GP) in a professional medical practice; (B) a GP in the professional medical practice with the treating GP (a colleague GP); (C) if the treating GP and the colleague GP are no longer in the medical practice a successor GP in the treating GP s former medical practice; (c) the assessment for the DL medical certificate (aviation) is carried out by the treating GP or, if he or she is not available, by a GP mentioned in sub-subparagraph (b) (ii) (B) or (C). Head injuries Clause 5 provides a definition of non-trivial, for a person s head injury, as meaning that the person has suffered 1 or more of the following in relation to a head injury: (a) loss of consciousness; (b) post-traumatic amnesia; (c) abnormal findings on head CT or MRI investigation.

11 11 To ensure there can be no misunderstanding that the Austroads standards are not definitive for aviation purposes, clause 6 makes it clear that the presence or absence of each medical circumstance mentioned in clause 2 (the CASA modifications) must be expressly determined by the relevant GP. A Note explains that the objective presence of 1 or more of the medical circumstances mentioned in clause 2 disqualifies a person from eligibility to hold a DL medical certificate (aviation) including if the certificate is issued in error (for example, because an incomplete or incorrect medical history was given to the medical practitioner). It is, therefore, essential for the person to make full disclosure to the GP, and for the medical practitioner to refer to CASA s Guidance for GPs Assessing Persons for a Driver s Licence Medical Certificate (Aviation), available on the CASA website under the Aviation Medicals section (and also Attachment 1 to this Explanatory Statement). The Guidance for GPs document is not a part of the legislative instrument and may be varied (though not to be inconsistent with the exemption instrument). A second Note explains that a DL medical certificate (aviation), issued in non-compliance with the aviation fitness standards, would be invalid for the exemption and the exemption would, therefore, be inoperative. Schedule 3 Form of a DL medical certificate (aviation) This Schedule sets out the mandatory form of a DL medical certificate (aviation) to be used by medical practitioners and to be registered with CASA by eligible persons. The medical practitioners must use the mandated certificate form, and also the patient questionnaire and clinical examination proformas. Because they are contained in the Guidance for GPs document, the patient questionnaire and clinical examination proformas, although mandated, are not a part of the legislative instrument and may be varied as the Guidance for GPs is varied. However, in this case, mandating (that is applying ) use of these proformas for completion of the certificate, is permissible by virtue of paragraph 98 (5D) (b) of the Civil Aviation Act 1988 which, despite section 14 of the Legislative Instruments Act 2003, specifically permits legislative instruments to apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time. Duration The exemption is expressed to operate for the maximum 3 year period for an exemption, ending on 31 May Legislative Instruments Act 2003 (the LIA) As noted above, exemptions under Subpart 11.F of CASR 1998 are for subsection 98 (5A) of the Act, that is, for regulations which empower the issue of certain instruments, like exemptions, in relation to (a) matters affecting the safe navigation and operation, or the maintenance, of aircraft, and (b) the airworthiness of, or design standards for, aircraft. The exemption is clearly one in relation to matters affecting the safe navigation and operation of aircraft. Under subsection 98 (5AA) of the Act, an exemption issued under

12 12 paragraph 98 (5A) (a), for such matters, is a legislative instrument if expressed to apply in relation to a class of persons, a class of aircraft or a class of aeronautical products (as distinct form a particular person, aircraft or product). The exemption applies to a class of aircraft and a class of persons and is, therefore, a legislative instrument subject to registration, and tabling and disallowance in the Parliament, under sections 24, 38 and 42 of the LIA. Consultation For section 17 of the LIA, CASA consulted on the DL medical certificate (aviation) with the Aircraft Owners and Pilots Association of Australia (AOPA), the Sport Aviation Association of Australia (SAAA), the RAAF Amberley Flying Club (RAFC), Recreational Aviation Australia (RA-Aus), the Australian Sport Aviation Confederation, Europe Air Sports, the International Council of Aircraft Owner and Pilot Associations (IAOPA), the UK Civil Aviation Authority (UK CAA), the US Federal Aviation Administration (FAA), the US Experimental Aircraft Association (EAA), the New Zealand Civil Aviation Authority (NZ CAA), Transport Canada, the Regional Aviation Association of Australia (RAAA), major insurance underwriters, Allianz Global Corporate and Specialty Pacific and QBE Australia, selected GPs and DAMEs. CASA also conducted industry forums at Toowoomba, Bendigo, Bankstown, Camden, Archerfield, Townsville, Cairns, Perth, Narromine, the RA-Aus 2012 National Fly-in (NATFLY, Temora) and the Royal Federation of Aero Clubs 2012 National Conference Bankstown. Through CASA Briefing, a monthly newsletter for industry, CASA has kept industry informed about the proposal. CASA has also consulted the Commonwealth Department of Infrastructure and Transport which supports the proposal. No adverse comment has been received regarding the proposal which is widely endorsed by the Australian organisations that were consulted. Office of Best Practice Regulation (OBPR) A Regulation Impact Statement is not required for OBPR in this case because the exemption is of beneficial effect to those who fall within its scope and comply with its conditions. A preliminary assessment of business compliance costs in the context of the nature of the instrument indicates that it will have a nil impact on business. Statement of Compatibility with Human Rights The following Statement is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act The instrument exempts pilots using certain aircraft in certain private operations, from the requirement to hold a class 2 medical certificate, provided they hold an unconditional private motor vehicle driver s licence medical certificate issued by a GP under uniform (but CASA modified) medical standards contained in the Austroads Inc. publication Assessing fitness to drive for commercial and private vehicle drivers: medical standards for licensing and clinical management guidelines. The exemption is of beneficial effect to those who fall within its scope and who comply with its conditions because it creates a cheaper and more accessible form of medical standard for eligible pilots. The instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary

13 13 Scrutiny) Act The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues. Commencement and making The exemption commences on the day after registration and stops having effect at the end of 31 May The exemption has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act. [Instrument number CASA EX68/12]

14 14 ATTACHMENT 1 GUIDANCE FOR GPs ASSESSING PERSONS FOR A DRIVER S LICENCE MEDICAL CERTIFICATE (AVIATION) Introduction CASA has issued an exemption exempting pilots using certain aircraft in restricted private or recreational flight from the requirement to hold a CASA class 2 medical certificate, PROVIDED they hold a modified unconditional driver s licence medical certificate for a private motor vehicle. The modified certificate must be issued by a registered medical practitioner (in most cases a GP) under uniform (but CASA modified) medical standards contained in the latest Austroads Inc. publication Assessing fitness to drive for commercial and private vehicle drivers: medical standards for licensing and clinical management guidelines (currently March 2012), using the patient questionnaire and clinical examination proformas at the end of this Guidance. To obtain the benefit of the exemption, the pilot must be appropriately licensed and endorsed. Only a light-weight, single-engine, aircraft may be flown, under the visual flight rules (V.F.R.), at or below feet, with passengers restricted to 1 other person expressly informed about the pilot s different kind of medical certificate. Aerobatics are not permitted. The restrictions on passengers and aerobatics do not apply if another pilot, with a CASA class 1 or class 2 medical certificate, is in the control seat of the light aircraft. As with the Austroads driver s licence medical certification, the examining registered medical practitioner acts as the certifying physician. He or she must be familiar with the Austroads standards for the issue of an unconditional driver s licence medical certificate for a private motor vehicle. When faced with an applicant with a medical condition, reference must be made to the appropriate chapter of the Austroads guidelines to determine preliminary unconditional private motor vehicle medical fitness. Note that, for CASA s purposes, the commonly encountered requirement to wear standard prescribed refractive corrective lenses should not, on its own, cause a person to fail to meet the applicable Austroads medical standard for issue of an unconditional driver s licence for a private motor vehicle provided the person s visual acuity can be corrected with spectacles or contact lenses with Distance Visual Acuity to at least 6 / 12 in 1 eye and at least 6 / 18 in the other eye. (It is important to note that for persons who must wear spectacles or contact lenses to achieve this level of acuity, the certificate must be annotated with the words The certificate holder must wear corrective lenses at all times when using this certificate for aviation purposes..) If the applicant is otherwise assessed as not meeting the applicable Austroads medical standard for issue of an unconditional driver s licence for a private motor vehicle, the applicant must NOT be issued with any form of conditional certificate for aviation purposes. The person has the option of presenting to a CASA designated aviation medical examiner (DAME) to undergo an examination for a CASA class 2 medical certificate which may be granted in some circumstances subject to CASA conditions.

15 15 However, even if the applicant is assessed as meeting the applicable Austroads medical standards for issue of an unconditional driver s licence for a private motor vehicle, the applicant must be further assessed to determine that he or she is not disqualified by the CASA modifications to the Austroads standards from having the higher DL medical certificate (aviation). The CASA modifications arise because of the inherent differences in risk between driving a private motor vehicle and flying light aircraft. As a result, a person s compliance with the Austroads standards for an unconditional driver s licence for a private motor vehicle, will not be sufficient to qualify for a DL medical certificate (aviation) unless they also comply with the higher CASA modifications of those standards. There are certain medical conditions for which more stringent requirements apply for the purposes of operating as pilot in command of an aircraft and, therefore, the CASA modifications must override the lower Austroads standards. Disqualifying medical conditions The relevant medical conditions are as follows: 1. CANCER The Austroads guidelines provide that the criteria for an unconditional private motor vehicle driver s licence are NOT met if the person has evidence of primary or secondary cancer within the brain. However, there may be aviation safety-relevant risks of cancer outside the cerebrum and, therefore, with a history of cancer within the 5 years before the medical assessment, the applicant must be determined as not meeting the modified CASA standard. Note, however, that basal cell skin cancers, are not disqualifying if they have been successfully excised and other treatment conditions are met. In practice this means that: (a) each basal cell skin cancer has been treated by excision with no metastasized sequelae; and (b) since at least the last occurrence of a basal cell skin cancer, the person has been under active and continuous case management by: (i) a registered medical practitioner who is a specialist oncology physician or surgeon; and (ii) 1 of the following: (A) the same registered medical practitioner (the treating GP) in a professional medical practice; (B) (C) a registered medical practitioner in the professional medical practice with the treating GP (a colleague GP); if the treating GP and the colleague GP are no longer in the medical practice a successor registered medical practitioner in the treating GP s former medical practice; and

16 16 (c) the assessment for the DL medical certificate (aviation) is carried out by the treating GP or, if he or she is not available, by a registered medical practitioner mentioned in sub-subparagraph (b) (ii) (B) or (C). As is obvious from its strict terms, this concession is only available to a person who has been under focused, active and continuous treatment by the same or professionally-related medical practitioners who have full access to the person s medical history. 2. ECG CHANGES The Austroads guidelines provide that the criteria for an unconditional private motor vehicle driver s licence are NOT met if a conduction defect is causing symptoms. Some ECG changes may carry aviation safety-relevant risks without any symptoms and, therefore, with ECG changes, the applicant must be determined as not meeting the modified CASA standard. 3. HEART FAILURE The Austroads guidelines provide that the criteria for an unconditional private motor vehicle driver s licence are NOT met if symptoms arise on moderate exertion. Heart failure may give rise to aviation safety-relevant risks without symptoms on moderate exertion, for example, risk of arrhythmia and hypoxia in flight may impair oxygenation. Therefore, subject to what follows below, with a history of heart failure, the applicant must be determined as not meeting the modified CASA standard. For the purposes of the modified CASA standard, a history of heart failure for a person does NOT include a history in which the person meets ALL of the following requirements: (a) the person has not had an episode of heart failure for at least 3 years at the time of the assessment; (b) since at least the last episode of heart failure, the person has been under active and continuous case management by: (i) a registered medical practitioner who is a specialist cardiovascular physician or surgeon; and (ii) 1 of the following: (A) the same registered medical practitioner (the treating GP) in a professional medical practice; (B) (C) a registered medical practitioner in the professional medical practice with the treating GP (a colleague GP); if the treating GP and the colleague GP are no longer in the medical practice a successor registered medical practitioner in the treating GP s former medical practice; (c) the assessment for the DL medical certificate (aviation) is carried out by: the treating GP; or if he or she is not available, by a colleague GP; or if he or she is not available, by a successor registered medical practitioner in the treating GP s former medical practice.

17 17 As is obvious from its strict terms, this concession is only to be available to a person who has been under focused, active and continuous treatment by the same or professionally-related medical practitioners who have full access to the person s relevant medical history. 4. HEARING The Austroads do not specify a standard for hearing-impaired individuals. In aviation, carriage and use of radios is required and inability to hear appropriately must give rise to aviation safety-relevant risks. Therefore, those individuals who are unable to hear a conversational voice from a distance of 2 metres must be assessed as not meeting the modified CASA standard, unless the hearing deficit it is corrected by the use of a medically prescribed hearing aid. 5. PHYSICAL LIMITATIONS The presence of any physical limitations or disabilities constitutes an aviation safety-relevant risk and must disqualify the person as not meeting the modified CASA standard. Such individuals may, however, be assessed by CASA on a caseby-case basis for a conditional class 2 medical certificate which may allow, for example, the use of appropriate aircraft modification. 6. TRANSIENT ISCHAEMIC ATTACKS The Austroads guidelines provide that the criteria for an unconditional private motor vehicle driver s licence are NOT met if the person has had 2 or more transient ischaemic attacks. Risk of future neurological events increases after 1 attack giving rise to obvious aviation safety-relevant risks. Therefore, if there is a history of transient ischaemic attacks, the applicant must be assessed as not meeting the modified CASA standard. 7. MULTIPLE SCLEROSIS, CEREBRAL PALSY, PARKINSON S DISEASE The aviation safety-relevant risks of these and similar conditions vary depending on the nature and severity of the disease, its treatment and the ongoing prognosis. Therefore, for that reason, with a history of any of these conditions the applicant must be assessed as not meeting the modified CASA standard. 8. HEAD INJURY The Austroads criteria are NOT met if the person has a head injury causing chronic functional disturbances. However, aviation safety-relevant risks such as post traumatic epilepsy may be present in the absence of chronic functional disturbances. Therefore, with a history of head injury that is more than trivial, the applicant must be assessed as not meeting the modified CASA standard. For aviation safetyrelevant purposes, an injury is considered to be more than trivial if the person has suffered 1 or more of the following in relation to a head injury: (d) loss of consciousness; (e) post-traumatic amnesia; (f) abnormal findings on head CT or MRI investigation; 9. RENAL CALCULUS DISEASE The Austroads guidelines consider the risk of renal calculi to be remote for private motor vehicle driving because of the driver s ability to pull over to the side of the

18 18 road if symptoms occur. However, this is obviously not possible in aviation. Therefore, a person with any history of renal calculi or renal colic must be assessed as not meeting the modified CASA standard. 10. VESTIBULAR DISORDERS The Austroads guidelines do NOT overtly require persons to be free of vertigo and appear to suggest that benign paroxysmal positional vertigo (BPPV) meets the medical standards because private motor vehicle driving is conducted in the upright position. However, aviation activities are not normally conducted in an exclusively upright position. Therefore, the presence of active vertigo, or a history of BPPV, must result in an assessment that the person does not meet the modified CASA standard. Other guidance 1. Presence or absence of disqualifying conditions to be determined It should be noted that the presence or absence of each of these disqualifying conditions must be expressly determined by the assessing registered medical practitioner. The objective presence of 1 or more of the disqualifying conditions disqualifies a person from eligibility to hold a DL medical certificate (aviation), including if the certificate is issued in error based on an incomplete or misleading case history given by the patient. It is, therefore, essential for the person to make full disclosure to the registered medical practitioner, and for that medical practitioner to carefully evaluate the patient in the light of this Guidance. 2. Loss or suspected loss of aviation fitness If there is a loss, or suspected loss, of aviation fitness (whether the concern arises in the mind of the person, or of his or her registered medical practitioner, or of CASA), a person holding a DL medical certificate (aviation) must follow certain procedures involving his or her registered medical practitioner. The person must: (a) report his or her medical condition to: (i) the registered medical practitioner who issued the DL medical certificate (aviation); or (ii) if that medical practitioner is not reasonably available another registered medical practitioner; or (iii) another registered medical practitioner nominated by CASA; and (b) be re-assessed by the medical practitioner for a DL medical certificate (aviation); and (c) be considered by the medical practitioner to meet the aviation fitness standards for a DL medical certificate (aviation). If the medical practitioner considers that the person does continue to meet the aviation fitness standards, he or she may issue a new DL medical certificate (aviation). However, he or she does not have to issue a new certificate in which case, the person s existing DL medical certificate (aviation) remains valid until its

19 19 expiry date, or until it may be again affect by concerns about loss, or suspected loss, of aviation fitness. If the medical practitioner considers that the person does not meet the aviation fitness standards and informs the person of this, no further action is required of the medical practitioner. The person, however, must cease flying and notify CASA on the CASA online portal designated for this purpose, that they no longer hold a valid DL medical certificate (aviation). It should be noted that a pilot who has been assessed as not meeting the aviation fitness standards may apply to a DAME for a class 2 medical certificate. Because the CASA class 2 certification process involves a specialist level of expertise, coupled with the capacity for a greater level of oversight, it may be possible for the person who applies to a DAME to receive a restricted medical certificate that is subject to CASA conditions. 3. Assessment The registered medical practitioner (the doctor) is to complete the Medical Practitioner Clinical Examination Proforma (Form 166B), based on the patient s signed Driver s Licence Medical Questionnaire (Aviation) (Form 166A). If the applicant is assessed as meeting the required standard, the doctor should sign and date the DL medical certificate (aviation) (Form 166C) and hand it to the patient. The patient must also be provided with the patient s signed Driver s Licence Medical Questionnaire (Aviation) (Form 166A) and the Medical Practitioner Clinical Examination Proforma (Form 166B). The pilot is required to submit all 3 Forms to CASA. The doctor should retain copies of the Questionnaire (Form 166A) and the Medical Practitioner Clinical Examination Proforma (Form 166B) and the DL Medical Certificate (Aviation) (Form 166C). 4. Unfitness and the role of DAMEs There is no provision on the DL medical certificate (aviation) (Form 166C) for unfitness or conditional certification. If the patient does not meet the aviation fitness standards, no Form 166C can be provided to the patient. However, the patient may apply to a DAME and there are some circumstances in which a DAME may be authorised by CASA to issue a CASA Class 2 medical certificate subject to conditions.

20 20

21 21

22 22

23 23