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Civil Aviation Safety Regulations 1998

Authoritative Version
  • - F2010C00851
  • In force - Superseded Version
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SR 1998 No. 237 Regulations as amended, taking into account amendments up to Civil Aviation Safety Amendment Regulations 2010 (No. 2)
Principal Regulations
Administered by: Infrastructure and Transport
Registered 10 Dec 2010
Start Date 01 Dec 2010
End Date 26 Jun 2011
Table of contents.

Civil Aviation Safety Regulations 1998

Statutory Rules 1998 No. 237 as amended

made under the

This compilation was prepared on 1 December 2010
taking into account amendments up to SLI 2010 No. 277

The text of any of those amendments not in force
on that date is appended in the Notes section

[Note: Regulation 92.150 ceased to apply at the end of 31 December  2006, see subregulation 92.150 (8)]

This document has been split into four volumes
Volume 1 contains Parts 1 to 43 (Rr. 1.001–39.007)
Volume 2 contains Parts 45 to 92 (Rr. 45.005–92.205)
Volume 3 contains Parts 99 to 138 (Rr. 99.005–137.300)
Volume 4 contains Parts 139 to 202 (Rr. 139.005–202.900), the Dictionary and the Notes
Each volume has its own Table of Contents

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra


Contents

Part 45                       Display of nationality and registration marks and aircraft registration identification plates                                                  

Subpart 45.A              General                                                                           

                45.005      Applicability of this Part                                                  2

Subpart 45.B              Australian nationality and registration markings             

Division 45.B.1             General rules                                                                                          

                45.010      Applicability of this Subpart                                            3

                45.015      Australian nationality mark                                               3

                45.020      Registration mark                                                            3

                45.025      Meaning of markings and set of markings                         3

                45.030      Meaning of character                                                       3

                45.035      Requirement for aircraft to bear its markings                    3

                45.040      Markings not to be obscured                                           4

                45.045      Number and location of sets of markings — fixed‑wing aircraft         4

                45.050      Number and location of sets of markings — rotorcraft      5

                45.055      Number and location of sets of markings — airships        5

                45.060      Number and location of sets of markings — manned free balloons   6

                45.065      Minimum height of characters                                          6

                45.070      Minimum width of characters                                           8

                45.075      Size of hyphens                                                              8

                45.080      Minimum spacing of characters                                       8

                45.085      How markings to be marked on aircraft                            8

                45.090      No confusing markings to be on aircraft                           9

Division 45.B.2             Exemptions from general rules                                                         

                45.095      Exhibition aircraft                                                          10

                45.100      Antique, experimental and ex‑military aircraft                  11

                45.105      Aircraft with special configuration                                   12

                45.110      Australian aircraft used by Defence Force                      12

Division 45.B.3             Removal of markings                                                                           

                45.115      Removal of markings from sold aircraft                          13

Subpart 45.C              Certain aircraft to bear words                                          

                45.120      Applicability of this Subpart                                           13

                45.125      Requirement to bear certain words                                 14

                45.130      Exemption for exhibition aircraft                                    15

Subpart 45.D              Aircraft registration identification plates                         

                45.135      Applicability of this Subpart                                           16

                45.140      What an aircraft registration identification plate is            16

                45.145      Aircraft must carry aircraft registration identification plate 16

                45.150      How and where aircraft registration identification plate is to be attached to aircraft     17

                45.155      Removal or alteration of aircraft registration identification plates       17

                45.160      Attachment of aircraft registration identification plate from another aircraft    18

Subpart 45.E              Marks on foreign registered aircraft operating in Australian territory        

                45.165      Applicability of this Subpart                                           18

                45.170      Marks to be on foreign registered aircraft in Australian territory         19

Part 47                       Registration of aircraft and related matters       

Subpart 47.A              General                                                                           

                47.005      Applicability of Part 47                                                  21

                47.010      Definitions for Part 47                                                   22

                47.015      Requirement for aircraft to be registered                         22

                47.020      Appointment of person to act on behalf of owners         23

Subpart 47.B              The Australian Civil Aircraft Register                              

                47.025      Australian Civil Aircraft Register                                     23

                47.030      Register to be accessible to public                                24

                47.035      Correction of Register                                                   24

                47.040      Seeking information about Register                                24

                47.045      Communicating with CASA                                            25

                47.050      Accuracy of information in Register                                25

                47.055      Entries in Register etc not conclusive evidence of title to aircraft      26

Subpart 47.C              Registration of aircraft                                                    

                47.060      Applying for registration of unregistered aircraft             26

                47.065      Information required for registration — general                27

                47.070      Confirmation of oral application                                     29

                47.075      CASA may ask for further information                            29

                47.080      Registration of aircraft                                                   29

                47.085      Interim certificate of registration                                     30

                47.090      Issue of certificate of registration                                   31

                47.095      Period of registration                                                     31

Subpart 47.D              Registered operator                                                        

                47.100      Identity of registered operator of aircraft                        31

Subpart 47.E              Transfer of ownership of aircraft                                     

                47.105      Meaning of former owner and new owner                         33

                47.110      Transfer of ownership                                                    33

Subpart 47.F               Administration of Australian Civil Aircraft Register         

                47.115      Notice of error in information in Register                         35

                47.120      Replacement certificate of registration                            35

                47.125      Loss etc of certificate of registration                              36

                47.130      Lapsing or cancellation of registration                            36

                47.135      Return of certificate of registration                                 37

Subpart 47.G              Reservation, assignment and change of registration marks          

                47.140      Meaning of aircraft for Subpart 47.G                              38

                47.145      Reservation of registration mark                                     38

                47.150      Assignment of registration mark                                     39

                47.155      Marks that must not be reserved or assigned                  39

                47.160      Assigning reserved registration mark to unregistered aircraft 40

                47.165      Change of registration mark                                           40

Subpart 47.H              Dealer’s marks                                                                

                47.170      Definitions for Subpart 47.H                                          41

                47.175      Assignment of dealer’s marks                                        41

                47.180      What marks may be assigned to dealers                        42

                47.185      Record of dealer’s marks                                               42

                47.190      How long assignment to dealer remains in effect            42

                47.195      Certificate of assignment of dealer’s mark                      42

                47.200      Loss of certificate of assignment of dealer’s mark          42

                47.205      Dealer’s plate                                                                43

                47.210      Use of dealer’s marks                                                    43

                47.215      Aircraft taken to be registered                                        44

                47.220      Annual report to CASA on aircraft using dealer’s marks   45

                47.225      Revocation of assignment of dealer’s mark etc               45

Part 60                       Synthetic training devices                                     

Subpart 60.A              Preliminary                                                                     

                60.005      Applicability                                                                  48

                60.010      Definitions for Part 60                                                   48

Subpart 60.B              Flight simulators and flight training devices                   

                60.015      Definitions for Subpart 60.B                                          49

                60.020      Qualification levels                                                        49

                60.025      Application for flight simulator qualification or flight training device qualification       50

                60.030      Initial evaluation and qualification                                   50

                60.035      Issue of flight simulator qualification certificate or flight training device qualification certificate                                                                                    51

                60.040      Period of validity of flight simulator qualification or flight training device qualification            52

                60.045      Recurrent evaluation of qualified flight simulator or qualified flight training device      52

                60.050      Variation, cancellation or suspension of flight simulator qualification or flight training device qualification                                                                  53

                60.055      Flight simulator or flight training device approvals           53

                60.060      Quality system                                                              54

                60.065      Ongoing fidelity requirements                                        54

                60.070      Modification of qualified flight simulator or qualified flight training devices   55

                60.075      Change in qualification level of qualified flight simulator or qualified flight training device      56

                60.080      Deactivation, relocation or reactivation of qualified flight simulator or qualified flight training device                                                                          56

                60.085      Change of operator of qualified flight simulator or qualified flight training device       57

                60.090      Evaluation teams                                                           58

                60.095      Records                                                                        58

Subpart 60.C              Basic instrument flight trainers                                       

Part 61                       Pilot licensing                                                            

Part 63                       Flightcrew licensing other than pilots                

Part 64                       Ground operations personnel licensing            

Part 65                       Air traffic services licensing                                  

Subpart 65.A              General                                                                           

                65.005      Applicability of this Part                                                62

                65.010      Definitions for this Part                                                  62

                65.015      Meaning of successful completion of training                   62

                65.020      Effect of ATS provider’s failure to comply with this Part  63

                65.025      How to satisfy recency requirement                                63

                65.030      How to satisfy currency requirement                               64

                65.033      Issue of Manual of Standards                                        64

Subpart 65.B              Authority to act in air traffic control and flight service    

                65.035      Authority to carry out air traffic control function              65

                65.040      Rules applicable when a person performs ATC function under supervision    66

                65.045      Offences — carrying out ATC function without authority  67

                65.050      Authority to carry out flight service function                    67

                65.055      Rules applicable when a person performs flight service function under supervision    68

                65.060      Offences — carrying out flight service function without authority       69

                65.065      Authority to use ground‑based radio equipment              69

Subpart 65.C              Licensing                                                                       

Division 65.C.1             Air traffic controller licensing                                                             

                65.070      Eligibility for grant of ATC licence                                  70

                65.075      Air traffic controller ratings                                             70

                65.080      Grant of rating on ATC licence                                       72

                65.085      Grant of endorsement on ATC licences                           72

                65.090      ATS provider’s obligation to provide currency and recency training and assessment  73

                65.095      Ancillary qualifications                                                   73

                65.100      Conduct of practical training                                          74

                65.105      Conduct of examinations                                               74

                65.110      Duration of ATC licence                                                 74

                65.115      Periods of validity of ratings and endorsements             74

                65.120      Periods of validity of ATC qualifications                         75

Division 65.C.2             Flight service officer licensing                                                           

                65.125      Eligibility for grant of flight service licence                     76

                65.130      Flight service ratings                                                     76

                65.135      Maintenance of ratings on flight service licence              77

                65.140      Endorsements on flight service licences                         77

                65.145      Ancillary qualifications                                                   78

                65.150      Conduct of training                                                        78

                65.155      Conduct of examinations                                               79

                65.160      Duration of flight service licence                                    79

                65.165      Periods of validity of rating and endorsement                 79

                65.170      Period of validity of flight service qualification               80

Subpart 65.E              Administrative functions                                                 

Division 65.E.1             Grant of licences                                                                                   

                65.175      Definitions for this Subpart                                            80

                65.180      How to apply                                                                81

                65.185      Who to apply to                                                            81

                65.190      Application for licence cancelled previously                    81

                65.195      Other things CASA can ask individual applicant to do — test or interview      81

                65.200      Other things CASA can ask applicant to do — provide more information       82

                65.205      Statutory declarations to verify applications                   82

                65.215      Matters that CASA may or must take into account           82

                65.220      Statutory declarations to verify statements in submissions 83

                65.225      When CASA must grant a licence                                   83

                65.230      When decision must be made                                        84

                65.235      Notice of decision                                                         85

                65.240      When licence comes into effect                                     85

                65.245      Licence document                                                         85

Division 65.E.2             Ongoing proficiency and medical testing                                        

                65.250      Re‑examination or re‑assessment of licence or qualification holder   86

Division 65.E.3             Suspension and cancellation of licences                                        

                65.255      Provisional suspension of licence pending examination or assessment         87

                65.260      Provisional suspension of licence etc during investigation 87

                65.265      Show cause procedure                                                  88

                65.270      CASA’s powers in respect of licence etc                        89

                65.275      Choice between cancellation and suspension                  89

                65.280      Procedure for decision                                                  90

Part 66                       Maintenance personnel licensing                        

Part 67                       Medical                                                                        

Subpart 67.A              General                                                                           

                67.005      Applicability                                                                  95

                67.010      Definitions for this Part                                                  95

                67.015      Meaning of safety‑relevant                                             97

                67.020      Extended meaning of convicted of an offence                 97

Subpart 67.B              Designated aviation medical examiners and designated aviation ophthalmologists         

                67.025      Application for appointment as DAME or DAO               98

                67.030      More information for application                                    99

                67.035      Continuation of appointment until application decided   100

                67.040      When decision must be made                                      100

                67.045      Appointment of DAMEs                                               101

                67.050      DAMEs — duration of appointment                              103

                67.055      DAMEs — declaration about holders of position           103

                67.060      DAMEs — conditions                                                  103

                67.065      Appointment of DAOs                                                 105

                67.070      DAOs — duration of appointment                                107

                67.075      DAOs — declaration about holders of position             107

                67.080      DAOs — conditions                                                     108

                67.085      Certificate of appointment                                            109

                67.090      Release of information about performance of DAMEs or DAOs        110

                67.095      DAMEs and DAOs — cancellation or surrender of appointment        111

                67.100      DAMEs and DAOs — automatic suspension and cancellation after criminal conviction          112

                67.105      DAMEs — automatic cancellation on ceasing to be medical practitioner        112

                67.110      DAOs — automatic cancellation on ceasing to be medical practitioner or ophthalmologist     113

                67.115      Suspension of declaration under subregulation 67.055 (1) or 67.075 (1)         113

                67.120      Revocation of declarations                                          114

                67.125      Obligation to report                                                     114

                67.130      Surrender of certificate of appointment                         115

                67.135      Return of certificate if appointment cancelled or surrendered            115

                67.140      Indemnification of medical reporting                             115

Subpart 67.C              Medical certificates                                                         

                67.145      Kinds of medical certificate                                          117

                67.150      Who meets medical standard 1                                    117

                67.155      Who meets medical standard 2                                    123

                67.160      Who meets medical standard 3                                    129

                67.165      Directions about examinations for issue of medical certificates        134

                67.170      Evidence of identity                                                     135

                67.175      Medical certificates — application                                135

                67.180      Medical certificates — issue and refusal                       135

                67.185      Notice of decision to refuse medical certificate             139

                67.190      Reconsideration of decision to refuse medical certificate 139

                67.195      Medical certificate — conditions                                   140

                67.200      Conditions applicable to certain medical certificates — correcting lenses      140

                67.205      Medical certificates — period in force                           141

                67.210      Medical certificates — application for extension of period in force    143

                67.215      Medical certificates — extension of period in force by CASA           144

                67.220      Medical certificates — extension of period in force by DAMEs         144

                67.225      Medical certificates — new medical certificates issued by DAMEs    145

                67.230      CASA may require medical examination of certificate holders           146

                67.235      Suspension of medical certificates — pregnancy          148

                67.240      Medical certificates — suspension pending examination 149

                67.245      Suspension of medical certificates — special arrangements for service in urgent cases         150

                67.250      Medical certificates — effect of suspension                 150

                67.255      Medical certificates — cancellation if medical standard not met        150

                67.260      Medical certificates — cancellation and suspension in other cases    151

Subpart 67.D              Responsibilities of medical certificate holders                

                67.265      Obligation to tell CASA of changes in medical condition 152

                67.270      Offence — doing act while efficiency impaired              153

                67.275      Surrender of medical certificates                                  154

Part 71                       Airspace                                                                      

Part 90                       Additional airworthiness requirements              

Subpart 90.A              General                                                                           

                90.005      Purpose of Part                                                           156

                90.008      Definitions for Part 90                                                  157

                90.010      Exclusions in relation to particular provisions                158

                90.015      Operation of exclusions under regulation 39.004           159

                90.020      Issue of Manual of Standards                                      161

Subpart 90.B              General provisions                                                         

                90.100      Applicability                                                                161

                90.105      Flight crew restraints                                                    162

                90.110      Occupant restraints — small aeroplanes                       163

                90.115      Occupant restraints — helicopters                                163

                90.120      Side-facing seats                                                        164

                90.125      Cabin crew seats                                                         165

                90.130      External doors                                                             165

                90.135      Emergency exits                                                          166

                90.140      Cargo and baggage compartment lighting                    167

                90.145      Thermal/acoustic insulation materials                            168

Subpart 90.C              Large aeroplanes engaged in air transport operations    

Division 90.C.1             General                                                                                                     

                90.200      Applicability                                                                169

Division 90.C.2             Emergency exits                                                                                    

                90.205      Escape devices                                                           169

                90.210      Location of emergency exits                                        170

                90.215      Access to emergency exits                                          171

                90.220      Interior emergency exit marking                                    171

                90.225      Interior emergency lighting                                           172

                90.230      Floor proximity emergency escape path                       172

                90.235      Exterior emergency exit marking                                   173

                90.240      Exterior emergency lighting                                          174

                90.245      Over-wing escape routes                                              174

Division 90.C.3             Fire protection                                                                                        

                90.250      Cabin interiors — materials                                           175

                90.255      Seat cushions — materials                                           175

                90.260      Cargo compartment liners — materials                          176

                90.265      Cargo compartments for aeroplanes engaged in regular public transport operations  177

                90.270      Toilets                                                                         178

                90.275      Thermal/acoustic insulation materials                            178

Division 90.C.4             Systems and equipment                                                                      

                90.280      Seats                                                                          179

                90.285      Pitot heat indication systems                                       180

Subpart 90.D              Small aeroplanes engaged in air transport operations    

                90.400      Applicability                                                                181

                90.405      Cargo and baggage compartments                              181

                90.410      Emergency exits                                                          182

Subpart 90.E              Helicopters engaged in regular public transport operations         

                90.600      Applicability                                                                183

                90.605      Emergency exits                                                          183

Part 91                       General operating and flight rules                       

Subpart 91.A              Applicability and definitions                                           

                91.005      Applicability                                                                186

Subpart 91.D              Operational procedures                                                  

                91.830      Reduced vertical separation minimum (RVSM) operations 186

                91.850      Required navigation performance (RNP) operations       187

                91.865      Basic area navigation (B‑RNAV) operations                   187

                91.870      Precision area navigation (P‑RNAV) operations             187

                91.875      Minimum navigation performance specification (MNPS) operations   187

                91.880      Australian area navigation (AUSEP) operations             187

                91.885      Navigation trial operations                                            187

                91.890      Area navigation (RNAV) operations                               188

Subpart 91.U              Navigation authorisations                                               

Division 91.U.1             Preliminary                                                                                              

               91.5000      Applicability                                                                188

               91.5005      Definition for this Subpart                                            188

               91.5010      Issue of Manual of Standards                                      188

               91.5015      How long navigation authorisations remain in force       189

               91.5020      Contravention of conditions of navigation authorisations 189

               91.5025      Removal of aircraft from navigation authorisations — holder ceasing to operate aircraft        189

               91.5030      Aircraft allotted new registration marks                         190

Division 91.U.2             RVSM airworthiness authorisation                                                   

Division 91.U.3             RVSM operational authorisation                                                        

Division 91.U.4             RNP operational authorisation                                                           

               91.5150      RNP types                                                                  191

               91.5155      Applications for RNP operational authorisation             191

               91.5160      Criteria for grant of RNP operational authorisations       192

               91.5165      RNP operational authorisations                                    192

               91.5170      Conditions on RNP operational authorisations               193

Division 91.U.5             B‑RNAV operational authorisation                                                    

Division 91.U.6             P‑RNAV operational authorisation                                                    

Division 91.U.7             MNPS operational authorisation                                                        

Division 91.U.8             AUSEP operational authorisation                                                      

Division 91.U.9             Navigation trial operational authorisation                                       

Division 91.U.10          RNAV operational authorisation                                                        

Part 92                       Consignment and carriage of dangerous goods by air           

Subpart 92.A              General                                                                           

                92.005      Applicability                                                                196

                92.010      Definitions for Part 92                                                  197

                92.015      What are dangerous goods?                                        199

Subpart 92.B              Conditions for carriage etc of dangerous goods             

                92.020      Compliance with Technical Instructions generally           199

                92.025      Compliance with Technical Instructions — operators      200

                92.030      Compliance with Technical Instructions — passengers and crew        201

                92.035      Compliance with Technical Instructions — persons who consign dangerous goods    205

                92.040      Commercial Australian aircraft operators — conditions for carriage of dangerous goods — dangerous goods manual                                            206

                92.045      Dangerous goods manual — Australian aircraft operators 207

                92.050      Commercial foreign aircraft operators — conditions to which carriage of dangerous goods is subject                                                                        207

                92.055      Dangerous goods manual — requirements applicable to all operators           208

                92.060      Directions relating to dangerous goods manuals           209

                92.065      Commercial operators — reporting of dangerous goods incidents    209

                92.070      Dangerous goods statement (Act s 23A)                      210

                92.075      Dangerous goods statement in reliance on statement already made  211

                92.080      Exclusions from requirement about dangerous goods statement      212

Subpart 92.C              Training                                                                          

                92.085      Definitions for Subpart 92.C                                         212

                92.090      Extended meaning of every 2 years for this Subpart     215

                92.095      Training — certain employees of Australian aircraft operators           216

                92.100      Training — certain employees of Australian ground handling agents  216

                92.105      Training — certain employees of Australian freight forwarders           217

                92.110      Required standard of training for regulations 92.095, 92.100 and 92.105        217

                92.115      Training — certain employees of screening authorities   218

                92.120      Training — certain employees of shippers of dangerous goods        219

                92.125      Training — certain employees of non‑Australian operators 219

                92.130      Training — Australian operators’ employees outside Australia           220

                92.135      Requirements for training course                                  221

                92.140      Who may conduct training                                            224

                92.145      Records about training — Australian operators etc        225

                92.150      Training undertaken before 1 January 2004                    226

                92.155      Exclusions from training requirements                          227

Subpart 92.D              Limitations on application of Subparts 92.B and 92.C     

                92.160      Aircraft operated by law enforcement authorities           228

                92.165      Helicopter‑slung loads                                                 229

                92.170      Cargo carried in main deck cargo compartments           230

                92.175      Goods carried by private operators                              233

                92.180      Goods carried for parachute operations                        234

                92.185      Carriage of fuel in large containers                               234

                92.190      Goods for use in emergency services                           235

                92.195      Carriage of ammunition by air security officers              236

Subpart 92.E              Information to passengers                                              

                92.200      Information in passenger terminals                               237

                92.205      Information with tickets                                                238

 


Part 45               Display of nationality and registration marks and aircraft registration identification plates

  

Note   This Part is made up as follows:

Subpart 45.A      General

45.005             Applicability of this Part

Subpart 45.B     Australian nationality and registration markings

Division 45.B.1      General rules

45.010          Applicability of this Subpart

45.015             Australian nationality mark

45.020             Registration mark

45.025             Meaning of markings and set of markings

45.030             Meaning of character

45.035             Requirement for aircraft to bear its markings

45.040             Markings not to be obscured

45.045             Number and location of sets of markings — fixed‑wing aircraft

45.050             Number and location of sets of markings — rotorcraft

45.055             Number and location of sets of markings — airships

45.060             Number and location of sets of markings — manned free balloons

45.065             Minimum height of characters

45.070             Minimum width of characters

45.075             Size of hyphens

45.080             Minimum spacing of characters

45.085             How markings to be marked on aircraft

45.090             No confusing markings to be on aircraft

Division 45.B.2         Exemptions from general rules

45.095          Exhibition aircraft

45.100             Antique, experimental and ex‑military aircraft

45.105             Aircraft with special configuration

45.110             Australian aircraft used by Defence Force

Division 45.B.3         Removal of markings

45.115          Removal of markings from sold aircraft

Subpart 45.C     Certain aircraft to bear words

45.120          Applicability of this Subpart

45.125             Requirement to bear certain words

45.130             Exemption for exhibition aircraft

Subpart 45.D     Aircraft registration identification plates

45.135          Applicability of this Subpart

45.140             What an aircraft registration identification plate is

45.145             Aircraft must carry aircraft registration identification plate

45.150             How and where aircraft registration identification plate is to be attached to aircraft

45.155             Removal or alteration of aircraft registration identification plates

45.160             Attachment of aircraft registration identification plate from another aircraft

Subpart 45.E      Marks on foreign registered aircraft operating in Australian territory

45.165          Applicability of this Subpart

45.170             Marks to be on foreign registered aircraft in Australian territory

Subpart 45.A        General

45.005    Applicability of this Part

         (1)   This Part deals mainly with:

                (a)    the nationality and registration marks of Australian aircraft; and

               (b)    the display of those, and other, marks on Australian aircraft; and

                (c)    the display of aircraft registration identification plates on Australian aircraft.

         (2)   This Part also makes provision about the display of nationality and registration marks on foreign registered aircraft.

Note   For the definitions of Australian aircraft and foreign registered aircraft see subsection 3 (1) of the Act.

Subpart 45.B        Australian nationality and registration markings

Division 45.B.1            General rules

45.010    Applicability of this Subpart

                This Subpart applies to all Australian aircraft.

Note   For the definition of Australian aircraft see subsection 3 (1) of the Act.

45.015    Australian nationality mark

                The Australian nationality mark is the capital letters VH.

45.020    Registration mark

                The registration mark of an Australian aircraft is the group of characters that is assigned to the aircraft under Part 47.

45.025    Meaning of markings and set of markings

         (1)   An Australian aircraft’s markings are the letters VH (the Australian nationality mark) and the aircraft’s registration mark, in that order, connected by a hyphen.

         (2)   A set of markings for an Australian aircraft is an instance of the aircraft’s markings.

45.030    Meaning of character

                In this Subpart:

character includes a letter and a digit, but does not include a hyphen.

45.035    Requirement for aircraft to bear its markings

         (1)   Except as Division 45.B.2 allows otherwise, an Australian aircraft, whenever it is operated, must bear as many sets of its markings as is required by whichever is applicable of regulations 45.045, 45.050, 45.055 and 45.060.

         (2)   Except as Division 45.B.2 allows otherwise, the sets must be on the outside of the aircraft in the places required by the applicable regulation.

         (3)   Except as Division 45.B.2 allows otherwise, the characters, and any hyphens, in each set must comply with regulations 45.065, 45.070 and 45.075.

         (4)   If an aircraft does not bear its markings as required by subregulations (1), (2) and (3), the aircraft’s registration holder is guilty of an offence.

Penalty:   50 penalty units.

         (5)   An offence against subregulation (4) is an offence of strict liability.

Note for subregulation (5)   For strict liability, see section 6.1 of the Criminal Code.

Note   For the definition of Australian aircraft see subsection 3 (1) of the Act.  For the definitions of registration holder and registration mark see the Dictionary.

45.040    Markings not to be obscured

                A set of markings must be in a position where it is not obscured at any time by a moveable surface of the aircraft.

45.045    Number and location of sets of markings — fixed‑wing aircraft

         (1)   On a fixed‑wing aircraft, 3 sets of the aircraft’s markings must be displayed, as follows:

                (a)    1 set either on the under surface of the port wing or across the under surface of both wings, in each case as set out in subregulation (2);

               (b)    the 2 other sets on:

                          (i)    the fuselage, as set out in subregulation (3); or

                         (ii)    engine nacelles or similar fixed obstructions on the fuselage, as set out in subregulation (5); or

                        (iii)    the vertical tail, as set out in subregulation (6).

         (2)   A marking on the wing of an aircraft:

                (a)    must have its top towards the leading edge of the wing; and

               (b)    must be as nearly as possible parallel to the leading edge, and half‑way between the leading and the trailing edge, of the wing.

         (3)   If the markings are on the aircraft’s fuselage, there must be 1 set on each side of the fuselage:

                (a)    between the trailing edge of the wing and the leading edge of the tailplane; or

               (b)    if the aircraft is of canard configuration and has no tailplane — between the trailing edge of the foreplane and the leading edge of the wing.

         (4)   In subregulation (3):

tailplane includes the tail surfaces of an aeroplane that has a vee‑tail.

         (5)   If there is an engine nacelle or similar fixed obstruction on the part of the fuselage mentioned in paragraph (3) (a) or (b), there may be a set of markings on each nacelle or obstruction.

         (6)   If the markings are on the aircraft’s vertical tail, there must be:

                (a)    if the aircraft has a single vertical tail — 1 set on each side of the tail; or

               (b)    if the aircraft has a multi‑vertical tail — 1 set on the outer side of each of its outermost surfaces.

45.050    Number and location of sets of markings — rotorcraft

                On a rotorcraft, there must be 1 set of its markings on each side of its cabin, fuselage, boom or tail.

45.055    Number and location of sets of markings — airships

         (1)   An airship’s markings must be on either its hull or its stabilisers.

         (2)   If its markings are on its hull, there must be:

                (a)    1 set on the line of symmetry of its upper surface; and

               (b)    1 set on each side of its hull.

         (3)   If its markings are on its stabilisers:

                (a)    there must be 1 set on each of:

                          (i)    the upper surface of the right horizontal stabiliser; and

                         (ii)    the lower surface of the left horizontal stabiliser; and

               (b)    each of those sets must be as nearly as possible half‑way between the leading and the trailing edge of the stabiliser; and

                (c)    the tops of the letters in each of those sets must be towards the leading edge of the stabiliser; and

               (d)    there must be 1 set on each side of the lower vertical stabiliser.

45.060    Number and location of sets of markings — manned free balloons

         (1)   A manned free balloon must bear 2 sets of its markings.

         (2)   On a spherical balloon, the 2 sets must be in diametrically opposite places near the maximum horizontal circumference of its envelope.

         (3)   On a non‑spherical balloon, the 2 sets must be on opposite sides of its envelope as near as possible to its maximum cross‑section, but no lower than the higher of:

                (a)    the rigging band; or

               (b)    the points of attachment of the basket or the basket suspension cables.

45.065    Minimum height of characters

         (1)   This regulation sets out the minimum height of the characters in a set of markings.

         (2)   All the characters in a set of markings must be of the same height.

         (3)   Subject to subregulation (5), the minimum height of the characters in a set of markings is:

                (a)    in the case of markings on an aircraft (other than a glider) for which there is in force an experimental certificate issued for the purpose referred to in paragraph 21.191 (d) or (g), and whose maximum cruising speed is not greater than 180 knots CAS — 75 millimetres (for all markings); or

               (b)    in the case of markings on any other fixed‑wing aircraft (except a glider):

                          (i)    for markings on the aircraft’s wings — 500 millimetres; and

                         (ii)    for markings on other parts of the aircraft — 300 millimetres; or

                (c)    in any other case — as given in the following table.

Minimum heights of characters in markings on certain kinds of aircraft

Column 1

Item

Column 2

Kind of aircraft

Column 3

Minimum height (mm)

1

Rotorcraft

300

2

Glider

75


3

Airship

500

4

Manned free balloon

500

         (4)   If a surface of the aircraft on which there must be a set of the aircraft’s markings is not large enough to allow the characters to be as high as required by subregulation (3), then:

                (a)    that subregulation is to be disregarded; and

               (b)    the characters must be as high as possible while keeping their proportions the same.

         (5)   If a set of markings is required to be on each of 2 symmetrical parts of the aircraft (for example, on each side of the fuselage or tail), the height of the characters in both sets must be the same.

45.070    Minimum width of characters

         (1)   The width of a character must be equal to 2/3 of its height, with the following exceptions:

                (a)    the letter ‘I’ and the digit ‘1’, whose width must be equal to 1/6‑th of their height;

               (b)    the letters ‘M’ and ‘W’, whose width may be equal to their height.

         (2)   A character must be made up of solid lines that are 1/6‑th as thick as the character is high.

45.075    Size of hyphens

         (1)   A hyphen in a set of markings must be 1/6‑th of the height of the characters in the set.

         (2)   The width of a hyphen must be equal to 4 times its height.

45.080    Minimum spacing of characters

         (1)   The space between any 2 adjacent characters must be at least 1/6‑th of their height.

         (2)   The space between a hyphen and a character must be at least 1/6‑th of the height of the character.

45.085    How markings to be marked on aircraft

         (1)   An Australian aircraft’s markings must be painted on it, or fixed to it in some other way that is at least as permanent as painting.

         (2)   The markings:

                (a)    must be legible; and

               (b)    must have no ornamentation; and

                (c)    must be of a colour that clearly contrasts with their background.

         (3)   Subregulation (2) does not prohibit the use of slanted characters if:

                (a)    the characters remain legible; and

               (b)    the slant is no more than 35° from the perpendicular.

         (4)   The characters in a set of markings may be arranged one above the other only if the set is on:

                (a)    the centre‑line of the upper surface of an airship; or

               (b)    a balloon.

         (5)   If the markings on an aircraft do not comply with subregulation (1), (2) or (4), the aircraft’s registration holder is guilty of an offence.

Penalty:   20 penalty units.

         (6)   An offence against subregulation (5) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

45.090    No confusing markings to be on aircraft

         (1)   Subject to subregulation (3), a person must not, without the written approval of CASA, place on an Australian aircraft a design, mark or symbol that modifies, or creates confusion about, the marks displayed on the aircraft as its markings.

Penalty:   20 penalty units.

      (1A)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (2)   CASA must not grant an approval under subregulation (1) if granting the approval would adversely affect the safety of air navigation.

Note   For the definition of Australian aircraft see subsection 3 (1) of the Act.

         (3)   However, subregulation (1) does not apply in relation to the application of Defence Force symbols or call‑signs to an Australian aircraft that is being operated by the Defence Force.

Division 45.B.2            Exemptions from general rules

45.095    Exhibition aircraft

         (1)   In this regulation:

exhibition includes an airshow and a film or television production.

         (2)   This regulation applies to an Australian aircraft if:

                (a)    the aircraft is to be operated for an exhibition; and

               (b)    the display of the aircraft’s markings on the aircraft would be inconsistent with its use for that purpose.

         (3)   Subject to subregulations (4) and (5), the aircraft need not bear its markings while it is operated:

                (a)    for any practice or test flight necessary for the exhibition; or

               (b)    at an exhibition location; or

                (c)    between exhibition locations; or

               (d)    between an exhibition location and the aircraft’s base of operations.

         (4)   Subregulation (3) applies only if:

                (a)    the aircraft’s registration holder has:

                          (i)    told CASA in writing that the aircraft will be operated for the exhibition; and

                         (ii)    given CASA a photograph or drawing of the aircraft, showing the colour of the aircraft, and any marks it will bear, while it is operated as mentioned in paragraph (3) (a), (b), (c) or (d); and

               (b)    the aircraft’s registration mark is clearly displayed in the aircraft’s cabin or cockpit.

         (5)   If the exhibition is taking place in a foreign country, subregulation (3) does not apply if the aircraft’s failure to bear its markings would contravene a law of that country.

45.100    Antique, experimental and ex‑military aircraft

         (1)   This regulation applies to:

                (a)    an Australian aircraft in the normal category, utility category, acrobatic category or commuter category:

                          (i)    of which the prototype was built 45 years or longer ago; and

                         (ii)    that is employed in private operations; and

               (b)    an Australian aircraft:

                          (i)    for which there is in force an experimental certificate issued for the purpose mentioned in paragraph 21.191 (d) or (g); and

                         (ii)    that has the same external configuration as an aircraft built 45 years or longer ago; and

                (c)    an Australian aircraft of a type mentioned in subparagraph 21.189 (1) (a) (ii) for which there is in force:

                          (i)    a special certificate of airworthiness of the kind mentioned in regulation 21.189; or

                         (ii)    an experimental certificate issued for the purposes mentioned in paragraph 21.191 (b), (c), (d) or (e).

Note   An aircraft in any of the categories mentioned in paragraph (1) (a) is an aircraft whose type design is certificated as meeting airworthiness standards equivalent to those set out in Part 23.

         (2)   The registration holder of an aircraft to which this regulation applies need not comply with any of regulations 45.045, 45.050, 45.055 and 45.060 that would otherwise apply in relation to the aircraft, nor with regulations 45.065, 45.070, 45.075, 45.080 and 45.085, if:

                (a)    the aircraft’s markings are either on each side of the fuselage, or as follows:

                          (i)    if the aircraft has a single vertical tail — on each of the surfaces of the vertical tail; or

                         (ii)    if the aircraft has a multi‑vertical tail — on each of its outer surfaces; and

               (b)    those markings are at least 50 millimetres high; and

                (c)    there are no other marks beginning with VH anywhere on the aircraft; and

               (d)    if the aircraft is being operated in a foreign country, failure to comply with those regulations would not contravene a law of that country.

Note   For the definition of private operations see subregulation 2 (7) of CAR.  For the definitions of experimental certificate and registration holder see the Dictionary.

45.105    Aircraft with special configuration

         (1)   This regulation applies to an Australian aircraft if, because of the aircraft’s configuration, it is not possible for it to bear its markings in accordance with whichever is applicable of regulations 45.045, 45.050, 45.055 and 45.060.

         (2)   On application by the aircraft’s registration holder, CASA must give the registration holder a written direction about where the aircraft must bear its markings.

         (3)   Despite regulations 45.065, 45.070, 45.075, 45.080 and 45.085, the direction may specify the size and spacing of the characters and any hyphens in the sets.

         (4)   The registration holder must comply with the direction.

Penalty:   50 penalty units.

      (4A)   An offence against subregulation (4) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (5)   If CASA gives a direction in respect of an aircraft under subregulation (2), the aircraft’s registration holder need not comply with whichever of regulations 45.045, 45.050, 45.055 or 45.060 would otherwise apply, nor with regulations 45.065, 45.070, 45.075, 45.080 and 45.085, to the extent that the direction requires otherwise.

45.110    Australian aircraft used by Defence Force

                In spite of regulations 45.040, 45.045, 45.050, 45.055, 45.060, 45.065, 45.070, 45.075, 45.080 and 45.085, if an Australian aircraft is being used by the Defence Force its markings may be removed or covered.

Division 45.B.3            Removal of markings

45.115    Removal of markings from sold aircraft

         (1)   This regulation applies if an Australian aircraft is sold to a person other than:

                (a)    an Australian citizen; or

               (b)    an individual who is not an Australian citizen, but holds a permanent visa (within the meaning of the Migration Act 1958); or

                (c)    a corporation incorporated under the Corporations Law of a State or Territory; or

               (d)    a body incorporated under a law (other than the Corporations Law of a State or Territory) in force in Australia; or

                (e)    the Commonwealth, a State or a Territory, or an agency of the Commonwealth, a State or a Territory; or

                (f)    a foreign corporation that:

                          (i)    is lawfully carrying on business in Australia; and

                         (ii)    intends to base, and primarily use, the aircraft in Australia.

         (2)   The person who was the aircraft’s registration holder immediately before the sale is guilty of an offence if the aircraft’s markings are not removed from it before it is delivered to the purchaser.

Penalty:   20 penalty units.

         (3)   An offence against subregulation (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

Subpart 45.C        Certain aircraft to bear words

45.120    Applicability of this Subpart

                This Subpart applies to an Australian aircraft:

                (a)    that is:

                          (i)    a limited category aircraft (that is, an aircraft for which a special airworthiness certificate of the kind mentioned in regulation 21.189 is in force); or

                         (ii)    a restricted category aircraft (that is, an aircraft for which a type certificate of the kind referred to in regulation 21.025 has been issued and is in force, or an aircraft of the same design as such an aircraft); or

               (b)    for which a provisional certificate of airworthiness or an experimental certificate of airworthiness is in force.

45.125    Requirement to bear certain words

         (1)   Whenever an aircraft to which this Subpart applies is operated, its registration holder must ensure that the aircraft bears the word required by subregulation (2), written in capital letters not less than 50, but not more than 150, millimetres high:

                (a)    on the outside of the aircraft near each entrance to the cabin or cockpit; or

               (b)    in the case of an aircraft that is entered by opening the canopy — on the outside of each side of the aircraft, immediately below the cockpit coaming; or

                (c)    in the case of an aircraft for which an experimental certificate of airworthiness is in force — inside the cockpit, in a position where it will alert the pilot and passenger to the fact that the aircraft meets no approved airworthiness standard.

Penalty:   50 penalty units.

      (1A)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (2)   The word is:

                (a)    for a limited category aircraft — ‘LIMITED’; and

               (b)    for a restricted category aircraft — ‘RESTRICTED’; and

                (c)    for an aircraft for which a provisional certificate of airworthiness is in force — ‘PROVISIONAL’; and

               (d)    for an aircraft for which an experimental certificate of airworthiness is in force — ‘EXPERIMENTAL’.

45.130    Exemption for exhibition aircraft

         (1)   In this regulation:

exhibition includes an airshow and a film or television production.

         (2)   This regulation applies to an Australian aircraft to which this Subpart applies if:

                (a)    the aircraft is to be operated for an exhibition; and

               (b)    it would be inconsistent with the use of the aircraft for that purpose for the aircraft to bear a word required by subregulation 45.120 (1).

Note   Subregulation 45.120 (1) requires the word ‘LIMITED’, ‘RESTRICTED’, ‘PROVISIONAL’ or ‘EXPERIMENTAL’ to be displayed on certain aircraft.

         (3)   Subject to subregulations (4) and (5), the aircraft need not bear that word while it is operated:

                (a)    for any practice or test flight necessary for the exhibition; or

               (b)    at an exhibition location; or

                (c)    between exhibition locations; or

               (d)    between an exhibition location and the aircraft’s base of operations.

         (4)   Subregulation (3) applies only if:

                (a)    the aircraft’s registration holder has:

                          (i)    told CASA in writing that the aircraft will be operated for the exhibition; and

                         (ii)    given CASA a photograph or drawing of the aircraft, showing the colour of the aircraft, and the markings the aircraft will bear, while it is operated as mentioned in paragraph (3) (a), (b), (c) or (d); and

               (b)    the aircraft’s registration mark is clearly displayed in the aircraft’s cabin or cockpit.

         (5)   If the exhibition is taking place in a foreign country, subregulation (3) does not apply if the aircraft’s failure to bear the word would contravene a law of that country.

Subpart 45.D        Aircraft registration identification plates

Note   This Subpart gives effect for Australia to section 8 of Annex 7 to the Chicago Convention.

45.135    Applicability of this Subpart

                This Subpart applies to all Australian aircraft.

45.140    What an aircraft registration identification plate is

         (1)   An aircraft registration identification plate is a plate, made of fireproof material, on which is marked (by etching, stamping, engraving, or another approved method) the letters VH (the Australian nationality mark) followed by a hyphen and the aircraft’s registration mark.

         (2)   For subregulation (1), the material of which a plate is made is fireproof if the plate withstands the heat of a fire at least as well as a steel plate of the same size and thickness.

45.145    Aircraft must carry aircraft registration identification plate

         (1)   A person may operate an Australian aircraft only if an aircraft registration identification plate is attached to the aircraft in accordance with regulation 45.150.

Penalty:   50 penalty units.

         (2)   The registered owner of an Australian aircraft may permit a person to operate that aircraft only if an aircraft registration identification plate is attached to the aircraft in accordance with regulation 45.150.

Penalty:   50 penalty units.

         (3)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (4)   Strict liability applies to the physical element in subregulation (2) that the aircraft registration identification plate is attached to the aircraft in accordance with regulation 45.150.

Note   For strict liability, see section 6.1 of the Criminal Code.

45.150    How and where aircraft registration identification plate is to be attached to aircraft

         (1)   An aircraft’s registration identification plate must be attached to it in a way that ensures that the plate is not likely to be defaced or to become detached from the aircraft.

         (2)   The plate must be attached:

                (a)    in the case of a manned free balloon — to the skirt of the balloon’s envelope, in a place where it is clearly visible before the balloon is inflated; or

               (b)    if CASA gives a direction under subregulation (3) — as set out in the direction; or

                (c)    in any other case — in a place (either inside or outside the aircraft’s hull or fuselage):

                          (i)    near the aircraft’s entrance or main entrance; and

                         (ii)    where it is clearly visible.

         (3)   CASA may, in writing, direct where the plate is to be attached to an aircraft (other than a balloon) if:

                (a)    the aircraft’s registration holder applies in writing to CASA for a direction under this subregulation; and

               (b)    the configuration of the aircraft does not allow its aircraft registration identification plate to be attached in accordance with paragraph (2) (c).

45.155    Removal or alteration of aircraft registration identification plates

         (1)   A person must not engage in conduct that results in the removal of the aircraft registration identification plate of an aircraft from where it is attached to the aircraft if CASA has not given written approval to do so.

Penalty:   20 penalty units.

Note   The removal of an aircraft registration identification plate is permitted during maintenance, subject to conditions — see regulation 61 of CAR.

         (2)   A person must not engage in conduct that results in the removal or alteration of any of an aircraft’s markings marked on the registration identification plate of the aircraft if CASA has not given written approval to do so.

Penalty:   20 penalty units.

      (2A)   An offence against subregulation (1) or (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (3)   CASA must not grant an approval under subregulation (1) or (2) if the granting of the approval will adversely affect the safety of air navigation.

45.160    Attachment of aircraft registration identification plate from another aircraft

         (1)   A person must not attach to an aircraft an aircraft registration identification plate that displays the markings of another aircraft, or fictitious markings.

Penalty:   50 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

Subpart 45.E         Marks on foreign registered aircraft operating in Australian territory

45.165    Applicability of this Subpart

                This Subpart applies to foreign registered aircraft operated in Australia.

45.170    Marks to be on foreign registered aircraft in Australian territory

         (1)   A person may operate a foreign registered aircraft in Australian territory only if the aircraft bears its nationality and registration marks in accordance with the law of the country in which it is registered.

Penalty:   50 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note for subregulation (2)   For strict liability, see section 6.1 of the Criminal Code.

Note   For the definition of foreign registered aircraft see subsection 3 (1) of the Act.


Part 47               Registration of aircraft and related matters

  

Note   This Part is made up as follows:

Subpart 47.A       General

47.005          Applicability of Part 47

47.010          Definitions for Part 47

47.015          Requirement for aircraft to be registered

47.020          Appointment of person to act on behalf of owners

Subpart 47.B       The Australian Civil Aircraft Register

47.025          Australian Civil Aircraft Register

47.030          Register to be accessible to public

47.035          Correction of Register

47.040          Seeking information about Register

47.045          Communicating with CASA

47.050          Accuracy of information in Register

47.055          Entries in Register etc not conclusive evidence of title to aircraft

Subpart 47.C       Registration of aircraft

47.060          Applying for registration of unregistered aircraft

47.065          Information required for registration — general

47.070          Confirmation of oral application

47.075          CASA may ask for further information

47.080          Registration of aircraft

47.085          Interim certificate of registration

47.090          Issue of certificate of registration

47.095          Period of registration

Subpart 47.D       Registered operator

47.100          Identity of registered operator of aircraft

Subpart 47.E       Transfer of ownership of aircraft

47.105          Meaning of former owner and new owner

47.110          Transfer of ownership

Subpart 47.F        Administration of Australian Civil Aircraft Register

47.115          Notice of error in information in Register

47.120          Replacement certificate of registration


47.125          Loss etc of certificate of registration

47.130          Lapsing or cancellation of registration

47.135          Return of certificate of registration

Subpart 47.G       Reservation, assignment and change of registration marks

47.140          Meaning of aircraft for Subpart 47.G

47.145          Reservation of registration mark

47.150          Assignment of registration mark

47.155          Marks that must not be reserved or assigned

47.160          Assigning reserved registration mark to unregistered aircraft

47.165          Change of registration mark

Subpart 47.H       Dealer’s marks

47.170          Definitions for Subpart 47.H

47.175          Assignment of dealer’s marks

47.180          What marks may be assigned to dealers

47.185          Record of dealer’s marks

47.190          How long assignment to dealer remains in effect

47.195          Certificate of assignment of dealer’s mark

47.200          Loss of certificate of assignment of dealer’s mark

47.205          Dealer’s plate

47.210          Use of dealer’s marks

47.215          Aircraft taken to be registered

47.220          Annual report to CASA on aircraft using dealer’s marks

47.225          Revocation of assignment of dealer’s mark etc

Subpart 47.A        General

47.005    Applicability of Part 47

         (1)   This Part sets out:

                (a)    how aircraft are registered; and

               (b)    how registration marks are assigned to aircraft.

         (2)   It also sets out how dealer’s marks are assigned to manufacturers, distributors and dealers of aircraft, and regulates their use.

47.010    Definitions for Part 47

                In this Part:

eligible person means one of the following:

                (a)    a resident of Australia who is:

                          (i)    18 years of age or older; and

                         (ii)    an Australian citizen or the holder of a permanent visa (within the meaning of the Migration Act 1958);

               (b)    a corporation incorporated under the Corporations Act 2001;

                (c)    a body incorporated under a law (other than the Corporations Act 2001) in force in Australia;

               (d)    the Commonwealth, a State or a Territory;

                (e)    an agency of the Commonwealth, a State or a Territory;

                (f)    a foreign corporation that is lawfully carrying on business in Australia.

owner, of an aircraft, includes a part‑owner of the aircraft who is appointed under regulation 47.020.

Note   The owner of an aircraft who becomes its registration holder must, if he or she is not eligible to be its registered operator, appoint an eligible person as the registered operator: see regulation 47.100.

registered operator has the meaning given by regulation 47.100.

47.015    Requirement for aircraft to be registered

         (1)   For paragraph 20AA (1) (b) of the Act, an aircraft is required to be registered unless it is one of the following:

                (a)    an aircraft that is not intended to be used as an aircraft;

               (b)    an aircraft that, under Subpart 200.B, is exempt from these Regulations;

                (c)    an unmanned free balloon;

               (d)    a permanently tethered balloon;

                (e)    a kite;

                (f)    a model aircraft;

               (g)    a parachute;

               (h)    a rocket;

                (i)    a UAV other than a large UAV;

                (j)    an aircraft that is registered under the law of a foreign country referred to in subregulation (2);

               (k)    an aircraft that satisfies all the following conditions:

                          (i)    it has been manufactured in Australia for delivery outside Australia to a foreign operator;

                         (ii)    it is registered under the law of a foreign country referred to in subregulation (2);

                        (iii)    it displays nationality and registration marks in accordance with the law of that country;

                        (iv)    it has no certificate of airworthiness issued, or rendered valid, under the law of that country;

                         (v)    it is flown within Australia only for a purpose mentioned in paragraph 21.197 (1) (b) or (c).

         (2)   For paragraph (1) (j) and subparagraph (1) (k) (ii), the foreign countries are:

                (a)    the Contracting States; and

               (b)    any other foreign country with which Australia has an agreement that allows an aircraft registered under the law of that country to be operated in Australia.

Note   For the definition of Contracting State see subsection 3 (1) of the Act.

47.020    Appointment of person to act on behalf of owners

                If an aircraft is owned by more than 1 person, the owners must, to register the aircraft, appoint one of them to act on their behalf.

Subpart 47.B        The Australian Civil Aircraft Register

47.025    Australian Civil Aircraft Register

                CASA must keep a register called the Australian Civil Aircraft Register, or ensure that it is kept, in accordance with this Subpart.

Note   The Australian Civil Aircraft Register is the successor to the Aircraft Register mentioned in regulation 8 of CAR: see regulation 202.221.

47.030    Register to be accessible to public

         (1)   CASA must make the Australian Civil Aircraft Register available for inspection by members of the public at reasonable times and places, and subject to reasonable conditions.

         (2)   CASA may comply with subregulation (1) by making the information in the Register accessible on the Internet or by another suitable electronic means.

47.035    Correction of Register

                CASA must correct the information recorded in an entry in the Australian Civil Aircraft Register as soon as practicable after becoming aware that the entry is out of date or otherwise incorrect.

Note   An aircraft registration holder who finds out that anything in the Australian Civil Aircraft Register in relation to the aircraft is not correct must tell CASA about the change that should be made to the Register: see regulation 47.115.

47.040    Seeking information about Register

         (1)   If CASA thinks that there may be an error in the Australian Civil Aircraft Register in relation to an aircraft, CASA may ask the aircraft registration holder, in writing, to give CASA information that may show the accuracy of the entry.

Note   Information that must be given to CASA under subregulation (1) may include a copy of a relevant document.

         (2)   A request under subregulation (1) must:

                (a)    describe the information; and

               (b)    specify a period of at least 28 days, starting when the request is given to the registration holder, during which the registration holder must give CASA the information.

Note   CASA may cancel the registration of an aircraft if the registration holder fails to comply with a request for information made under subregulation (1): see subregulation 47.130 (3).

         (3)   A registration holder must comply with a request made under subregulation (2).

Penalty:   10 penalty units.

         (4)   An offence under subregulation (3) is an offence of strict liability.

47.045    Communicating with CASA

         (1)   A notice that, under this Part, must be given to CASA may be delivered, posted, sent by fax or sent by e‑mail.

Note   The address, fax number and e‑mail address for notices can be found in the advisory circular for this Part or on CASA’s website: www.casa.gov.au.

         (2)   CASA may refuse to accept a notice that is not legible.

47.050    Accuracy of information in Register

         (1)   CASA must give, to an aircraft registration holder, a copy of the information in the Australian Civil Aircraft Register that relates to the holder and the aircraft.

         (2)   CASA must give the copy of the information within 28 days after:

                (a)    the end of 3 years after the day on which:

                          (i)    an aircraft is registered; or

                         (ii)    if the aircraft’s certificate of registration is transferred — the certificate is transferred; and

               (b)    the end of each period of 3 years after that day.

         (3)   Within 28 days after the day when the registration holder is given the copy of the information, the holder must:

                (a)    if necessary, correct the information on the copy about the aircraft and the holder; and

               (b)    return the copy to CASA.

Maximum penalty:   10 penalty units.

         (4)   An offence against subregulation (3) is an offence of strict liability.

         (5)   Information given to CASA for subregulation (3) must not be used as evidence of an offence against regulation 47.115.

         (6)   This regulation is not intended to limit the operation of regulations 47.035 and 47.040.

47.055    Entries in Register etc not conclusive evidence of title to aircraft

         (1)   An entry in the Australian Civil Aircraft Register in relation to an aircraft is not conclusive evidence of the existence of a legal or beneficial property interest in the aircraft.

         (2)   A certificate of registration for an aircraft is not conclusive evidence of the existence of a legal or beneficial property interest in the aircraft.

Subpart 47.C        Registration of aircraft

47.060    Applying for registration of unregistered aircraft

         (1)   An application to register an unregistered aircraft may be made by the owner or a person who is acting on behalf of, and at the direction or request of, the owner.

         (2)   The application must be made:

                (a)    in writing; or

               (b)    orally (by telephone or in person).

Note   An oral application must be confirmed in writing in accordance with regulation 47.070. If an oral application is not confirmed in writing in accordance with that regulation, the registration lapses: see subregulation 47.130 (4).

         (3)   An application for registration made in writing must:

                (a)    be made in an approved form; and

               (b)    include the information set out in regulation 47.065; and

                (c)    be signed by the person making the application.

         (4)   An application for registration made in writing must also include a declaration, signed by the person making the application:

                (a)    that the aircraft will be used as an aircraft; and

               (b)    if the aircraft has not been registered before — that the aircraft has never been registered; and

                (c)    if the aircraft has been registered before (whether in Australia or not) — that the aircraft is not, at the time of the application, registered on a foreign civil aircraft register.

47.065    Information required for registration — general

                For paragraph 47.060 (3) (b), and subject to regulation 47.075, the following information must be included in an application for registration of an aircraft:

                (a)    the owner’s name and address;

              (aa)    if the aircraft is owned by more than 1 person — the name and signature of the owner who is appointed to act on behalf of the owners; and

               (b)    if the application is made by a person on behalf of the owner — the name and address of the person making the application;

                (c)    if the owner proposes to appoint another person as the registered operator of the aircraft — the registered operator’s name and postal address, and:

                          (i)    if the registered operator is an individual — his or her home address; or

                         (ii)    if the registered operator is a corporation — the corporation’s registered address;

               (d)    for an aircraft that has a type certificate, type acceptance certificate or provisional type certificate:

                          (i)    the number of the certificate (if applicable); and

                         (ii)    the production certificate number (if applicable); and

                        (iii)    the manufacturer, and the country and year of manufacture, of the aircraft; and

                        (iv)    the aircraft model; and

                         (v)    the aircraft serial number;

Note   For paragraph (d), the aircraft’s manufacturer, model and serial number are those set out on the aircraft’s data plate.

                (e)    for an aircraft to which paragraph (d) does not apply — the following:

                          (i)    the aircraft manufacturer (if applicable);

                         (ii)    the aircraft builder (if applicable);

                        (iii)    whether the aircraft is a manned free balloon, an airship, a glider, a power‑driven aeroplane, a rotorcraft or an ornithopter;

                        (iv)    the country and year of manufacture of the aircraft;

                         (v)    the aircraft model;

                        (vi)    the aircraft serial number;

                       (vii)    if the aircraft is power‑driven — the number of engines and whether they are piston, turbopropeller or jet turbine engines;

                      (viii)    the number of seats including seats for the crew;

                        (ix)    whether the aircraft is able to be used on land, on water, or on both;

                (f)    if a registration mark has been reserved for the aircraft, and the reservation has not lapsed — the registration mark;

               (g)    if the aircraft has been imported:

                          (i)    the name of the country from which the aircraft was imported; and

                         (ii)    the aircraft’s registration mark, if any, in that country; and

                        (iii)    evidence, provided by the NAA of that country, that the aircraft is not on the aircraft register of that country;

               (h)    if the registration is required for a specific period —             the period.

Note 1   If the application for registration is an oral application, CASA will ask for the information mentioned in this regulation during the oral application.

Note 2   If an aircraft is registered for a specific period, the registration lapses at the end of that period: see subregulation 47.130 (1). (However the period may be extended under subregulation 47.095 (4).)

47.070    Confirmation of oral application

         (1)   A person who has applied orally for the registration of an aircraft must give to CASA a written confirmation of the application.

         (2)   The confirmation:

                (a)    must be in an approved form; and

               (b)    must include the information required by regulation 47.065; and

                (c)    must be received by CASA within 14 days after the day on which the oral application was made.

47.075    CASA may ask for further information

         (1)   If CASA reasonably requires further information to enable it to consider an application for the registration of an aircraft, CASA may ask the applicant, in writing, to give CASA the information.

         (2)   CASA must describe the information in the request.

         (3)   CASA may refuse to consider, or cease considering, the application until the applicant complies with the request.

47.080    Registration of aircraft

         (1)   CASA must register an aircraft if the application for the registration of the aircraft is made in accordance with regulation 47.060.

         (2)   CASA must enter the following information about the aircraft in the Australian Civil Aircraft Register:

                (a)    the registration mark assigned to the aircraft;

               (b)    whether the aircraft is a manned free balloon, an airship, a glider, a power‑driven aeroplane, a rotorcraft or an ornithopter;

                (c)    its manufacturer, model and serial number;

               (d)    its country and year of manufacture;

                (e)    the name and address of the owner;

                (f)    the name and address of the registered operator;

               (g)    the day on which it was registered;

               (h)    if the registration is for a particular period — the day on which the registration ends.

47.085    Interim certificate of registration

         (1)   If CASA registers an aircraft on the basis of an oral application, CASA must:

                (a)    issue an interim certificate of registration for the aircraft; and

               (b)    tell the applicant:

                          (i)    the time and date from which the interim registration is in force; and

                         (ii)    a unique number that identifies the registration.

Note 1   An interim certificate includes the information set out in paragraph 47.080 (2) (a) and the applicable provisions in paragraphs 47.080 (2) (c)
to (g).

Note 2   If the oral application is not confirmed in accordance with regulation 47.070, the registration of the aircraft lapses: see subregulation 47.130 (4).

         (2)   If CASA registers an aircraft on the basis of an oral application, the aircraft registration holder must not allow the aircraft to be taken outside Australia before CASA issues the certificate of registration for the aircraft.

Maximum penalty:   50 penalty units.

Note   An interim certificate of registration is not covered by the provisions of Annex 7 to the Chicago Convention, so is only valid for flights within Australia.

         (3)   An offence against subregulation (2) is an offence of strict liability.

         (4)   An interim certificate of registration for an aircraft ceases to be in force on the earlier of the following:

                (a)    the day that CASA gives the certificate of registration to the aircraft’s registration holder;

               (b)    14 days after the day on which CASA registered the aircraft on the basis of an oral application.

47.090    Issue of certificate of registration

                If CASA:

                (a)    registers an aircraft because it has received a written application; or

               (b)    receives confirmation of an oral application for the registration of an aircraft;

CASA must give a certificate of registration for the aircraft to the aircraft’s owner (the registration holder).

Note   The certificate of registration replaces any interim certificate of registration issued under regulation 47.085.

47.095    Period of registration

         (1)   Subject to this regulation, the registration of an aircraft has effect unless it lapses or is cancelled.

         (2)   If an applicant applies for registration of an aircraft for a particular period, CASA must register the aircraft for that period.

         (3)   If CASA registers an aircraft for a particular period, the registration holder may apply for an extension of that period.

         (4)   If CASA approves an application made under subregulation (3):

                (a)    CASA must extend the period of registration of the aircraft in accordance with the application; and

               (b)    the registration of the aircraft has effect until the end of that period.

Subpart 47.D        Registered operator

47.100    Identity of registered operator of aircraft

         (1)   If the registration holder of an aircraft is an eligible person, the holder is the aircraft’s registered operator.

         (2)   However, the registration holder may appoint another eligible person as the registered operator.

         (3)   If the registration holder is not an eligible person, the registration holder must appoint an eligible person to be the registered operator.

Note   If the registration holder of an aircraft is not an eligible person and no eligible person is appointed as the registered operator, CASA must cancel the registration: see paragraph 47.130 (2) (c).

         (4)   The appointment of a registered operator has effect unless the appointment is cancelled or otherwise ceases to have effect.

Note   Regulation 202.222 provides that a reference in CAR to the holder of a certificate of registration of an aircraft is taken to be a reference to the registered operator of the aircraft. Under CAR, the holder of the certificate of registration is responsible for the maintenance and continuing airworthiness of the aircraft.

         (5)   If the registration holder of an aircraft:

                (a)    appoints a person as the aircraft’s registered operator; or

               (b)    cancels the appointment of a person as the aircraft’s registered operator;

the registration holder must, within 14 days of the appointment or cancellation, give CASA a notice in an approved form, including the aircraft’s registration mark, manufacturer, model and serial number.

Penalty:   10 penalty units.

      (5A)   An offence under subregulation (5) is an offence of strict liability.

      (5B)   If CASA finds out, other than by a notice given by the registration holder, that the appointment of the registered operator of an aircraft has ceased to have effect, CASA must, within 7 days, inform the aircraft’s registration holder in writing.

         (6)   A notice of the appointment of a registered operator must also include:

                (a)    the registered operator’s name and postal address, and:

                          (i)    if the registered operator is an individual — his or her home address; or

                         (ii)    if the registered operator is a corporation — the address of the corporation’s registered office; and

               (b)    the date of the appointment of the registered operator; and

                (c)    evidence that the registered operator accepts the appointment.

         (7)   A notice of the cancellation of the appointment of a registered operator must include the date of the cancellation.

Note   If a registration holder of an aircraft cancels the appointment of the registered operator and does not appoint another registered operator, the registration holder becomes the aircraft’s registered operator. However, if the registration holder is not an eligible person, CASA must cancel the aircraft’s registration: see paragraph 47.130 (2) (c).

      (7A)   CASA must not accept a notice under subregulation (6) or (7) that does not include the required information.

         (8)   If CASA receives a notice that complies with this regulation, CASA must:

                (a)    amend the Australian Civil Aircraft Register to show the name and address of the new registered operator; and

               (b)    in writing, notify the registration holder and the new registered operator about the amendment of the Register.

Subpart 47.E         Transfer of ownership of aircraft

47.105    Meaning of former owner and new owner

                For this Subpart, if the ownership of an aircraft is transferred, the transferor is the former owner and the transferee is the new owner.

47.110    Transfer of ownership

         (1)   In this regulation, transfer notice means a notice in an approved form that relates to the transfer of ownership of an aircraft and:

                (a)    shows:

                          (i)    the aircraft’s registration mark, manufacturer, model and serial number; and

                         (ii)    the date of the transfer; and

                        (iii)    the former owner’s name and address; and

                        (iv)    the new owner’s name and address; and

               (b)    either:

                          (i)    is signed by the former owner; or

                         (ii)    is signed by a person acting on behalf of, and at the direction or request of, the former owner.

         (2)   If a transfer notice is signed by a person acting on behalf of the former owner, it must include evidence of the person’s authority to do so.

         (3)   This regulation sets out how, if the ownership of an aircraft is transferred, the new owner becomes the aircraft’s registration holder.

         (4)   In accordance with the timetable mentioned in subregulation (4A), the former owner, or a person acting on behalf of the former owner, must:

                (a)    give CASA a transfer notice; and

               (b)    give the new owner:

                          (i)    a transfer notice; and

                         (ii)    the aircraft’s certificate of registration.

      (4A)   The documents mentioned in subregulation (4) must be given to CASA and the new owner:

                (a)    as soon as practicable after the transfer; and

               (b)    in any case, within 14 days after the transfer.

         (5)   Within 28 days after the transfer, the new owner must apply to become the registration holder.

Note   If the aircraft’s new owner does not apply to be the new registration holder within 28 days after the transfer, CASA must cancel the aircraft’s registration: see subregulation 47.130 (5).

         (6)   An application must:

                (a)    be in an approved form; and

               (b)    include the transfer notice given by the former owner; and

                (c)    either:

                          (i)    be signed by the new owner; or

                         (ii)    if the application is made by a person on behalf of the new owner — include the name, address and signature of the person making the application.

         (7)   CASA must, if it receives a transfer notice and an application that complies with subregulation (6):

                (a)    amend the Australian Civil Aircraft Register to show the new owner as the registration holder; and

               (b)    give a certificate of registration to the new owner.

Note 1   The new owner must return the old certificate of registration to CASA: see regulation 47.135.

Note 2   The new owner, as the registration holder, is also the registered operator of the aircraft unless the new owner appoints another person as the registered operator: see regulation 47.100.

Note 3   If the new owner is not an eligible person, the new owner must appoint an eligible person as the registered operator: see subregulation 47.100 (3).

Subpart 47.F         Administration of Australian Civil Aircraft Register

47.115    Notice of error in information in Register

                If an aircraft registration holder finds out that anything in the Australian Civil Aircraft Register in relation to the aircraft is no longer correct, the holder must tell CASA in writing, within 14 days after finding out, about the change that should be made.

Maximum penalty:   10 penalty units.

47.120    Replacement certificate of registration

         (1)   Subregulation (2) applies if:

                (a)    CASA has changed an entry in the Australian Civil Aircraft Register about an aircraft; and

               (b)    the certificate of registration for the aircraft does not show the correct information.

         (2)   CASA must give the aircraft registration holder a replacement certificate of registration for the aircraft that:

                (a)    shows the correct information; and

               (b)    states that it is a replacement certificate of registration.

         (3)   If CASA gives the aircraft registration holder a replacement certificate, the holder must return the old certificate to CASA within 14 days after the holder receives the replacement certificate.

Maximum penalty:   1 penalty unit.

         (4)   An offence against subregulation (3) is an offence of strict liability.

47.125    Loss etc of certificate of registration

         (1)   CASA must, on written application by an aircraft registration holder, give the holder a copy of the aircraft’s certificate of registration if the certificate, or a copy of it previously given by CASA:

                (a)    has been lost, stolen or destroyed; or

               (b)    is so damaged that information on it is no longer clearly legible.

         (2)   If the application is made because a certificate or copy has been damaged, the aircraft registration holder must return the damaged certificate or copy to CASA within 14 days after the holder receives the new copy.

         (3)   The copy given under subregulation (1) must state that it is a true copy of the original certificate.

47.130    Lapsing or cancellation of registration

         (1)   If the registration of an aircraft was only for a particular period, the registration lapses at the end of that period.

         (2)   CASA must cancel the registration of an aircraft if:

                (a)    the registration holder applies in writing for the registration to be cancelled; or

               (b)    CASA finds out that the aircraft:

                          (i)    is registered under the law of another country; or

                         (ii)    is no longer to be used as an aircraft; or

                        (iii)    has been stolen or destroyed; or

                (c)    the registration holder of the aircraft is not an eligible person and the aircraft does not have a registered operator.

         (3)   CASA may cancel the registration of an aircraft if the registration holder does not comply with a request made under subregulation 47.040 (1).

         (4)   If the aircraft was registered following an oral application, the registration lapses if:

                (a)    CASA does not receive a written confirmation of the application in accordance with regulation 47.070; or

               (b)    within 14 days after the day on which the oral application was made, CASA has not received a written confirmation that includes all the information mentioned in regulation 47.065; or

                (c)    CASA receives a document purporting to be a written confirmation that includes information that differs in a significant way from the corresponding information given orally to CASA.

         (5)   If:

                (a)    the ownership of an aircraft is transferred; and

               (b)    the new owner does not make an application that complies with subregulation 47.110 (6) to be the new registration holder within 28 days after the transfer;

CASA must cancel the aircraft’s registration at the end of that period.

47.135    Return of certificate of registration

         (1)   This regulation applies to:

                (a)    a person who ceases to be the registration holder of an aircraft because the registration of the aircraft has lapsed or has been cancelled; and

               (b)    a person who:

                          (i)    under subregulation 47.110 (7), has received a new certificate of registration of an aircraft; or

                         (ii)    under regulation 47.165, has received a certificate of registration showing a new registration mark for an aircraft.

         (2)   Within 14 days after the day on which the registration lapsed or was cancelled, the person received a certificate of registration mentioned in paragraph (1) (b), the person must:

                (a)    return the old certificate of registration for the aircraft to CASA; or

               (b)    if the old certificate of registration has been destroyed or lost — give CASA a statutory declaration to that effect.

Maximum penalty:   1 penalty unit.

         (3)   An offence against subregulation (2) is an offence of strict liability.

Subpart 47.G        Reservation, assignment and change of registration marks

47.140    Meaning of aircraft for Subpart 47.G

                In this Subpart:

aircraft includes an aircraft that:

                (a)    has not yet been built; or

               (b)    is being built.

47.145    Reservation of registration mark

         (1)   The owner of an aircraft may ask CASA, in writing, to reserve a particular registration mark for the aircraft, whether or not the aircraft is registered.

         (2)   The request must be in an approved form and identify the aircraft.

         (3)   On receiving a request, CASA must reserve the registration mark for the aircraft unless, under regulation 47.155, the mark must not be reserved for an aircraft.

Note   About registration marks generally: see Part 45.

         (4)   The reservation lapses if, 12 months after the day on which the registration mark was reserved, the aircraft is not registered and using the reserved mark.

         (5)   In subregulation (1), owner includes a person acting on behalf of, and at the direction or request of, the owner.

47.150    Assignment of registration mark

                If a person applies for the registration of an aircraft, and:

                (a)    CASA has not reserved a registration mark for the aircraft under regulation 47.145; or

               (b)    the reservation of a registration mark for the aircraft has lapsed;

CASA must assign a registration mark to the aircraft before registering the aircraft.

47.155    Marks that must not be reserved or assigned

                The following registration marks must not be reserved for, or assigned to, an aircraft:

                (a)    the registration mark of an Australian aircraft;

               (b)    a registration mark that has been reserved for an aircraft under regulation 47.145;

                (c)    a mark that has been assigned to a dealer;

               (d)    a mark that might be confused with any 5‑letter combination used in Part II of the International Code of Signals;

                (e)    a mark that might be confused with any 3‑letter combination beginning with Q used in the Q Code;

                (f)    a mark that might be confused with the distress signal SOS;

               (g)    a mark that might be confused with an urgency or safety signal.

Examples of urgency or safety signals

XXX, PAN and TTT.

47.160    Assigning reserved registration mark to unregistered aircraft

                If the owner of an unregistered aircraft:

                (a)    reserves a registration mark for the aircraft; and

               (b)    makes an application that complies with regulation 47.060 for registration of the aircraft;

CASA must, when it registers the aircraft, give the applicant a certificate of registration showing the reserved mark.

47.165    Change of registration mark

         (1)   If the registration holder of a registered aircraft has reserved a registration mark (the reserved mark) for the aircraft:

                (a)    the holder; or

               (b)    if the registered operator has the written consent of the registration holder — the registered operator;

may apply to CASA to change the aircraft’s existing mark to the reserved mark.

         (2)   The application must:

                (a)    be received by CASA at least 14 days before the day on which the existing mark is proposed to be changed; and

               (b)    be in an approved form and include the following:

                          (i)    the aircraft’s existing mark;

                         (ii)    the aircraft’s manufacturer, model and serial number; 

                        (iii)    the reserved mark;

                        (iv)    the date on which the existing mark is proposed to be changed;

                         (v)    if the application is made by a person on behalf of the registration holder or registered operator — the name and address of the person making the application.

         (3)   When CASA approves the application, CASA must give the applicant a certificate of registration showing the new mark.

Subpart 47.H        Dealer’s marks

47.170    Definitions for Subpart 47.H

                In this Subpart:

aircraft dealer includes a manufacturer or distributor of aircraft.

dealer’s plate means a plate made by an aircraft dealer under regulation 47.205.

47.175    Assignment of dealer’s marks

         (1)   This regulation sets out the way in which an aircraft dealer may be assigned 1 or more marks for use on aircraft manufactured, or being distributed or dealt with, by the dealer.

         (2)   An aircraft dealer may apply to be assigned a mark only if the dealer is an eligible person.

         (3)   The application must be made in an approved form and must include:

                (a)    the dealer’s name and address; and

               (b)    a declaration that the dealer is an eligible person; and

                (c)    evidence that the dealer is engaged in the manufacture, sales or distribution of aircraft in Australia; and

               (d)    a request for a particular number of marks and a statement explaining why the dealer needs that number of marks; and

                (e)    if the application is made by a person on behalf of the dealer — the name and address of the person making the application.

         (4)   If the application complies with subregulation (3), CASA must assign to the dealer:

                (a)    the number of marks requested by the dealer; or

               (b)    if CASA thinks that the dealer has applied for more marks than is reasonably required to undertake the dealer’s business — a lesser number of marks.

47.180    What marks may be assigned to dealers

                A mark that is assigned to an aircraft dealer must be a mark that could be assigned to an aircraft as a registration mark.

47.185    Record of dealer’s marks

         (1)   CASA must keep a record of dealer’s marks that have been assigned to aircraft dealers.

         (2)   The information in the record must include:

                (a)    the mark; and

               (b)    the aircraft dealer’s name and address.

47.190    How long assignment to dealer remains in effect

                The assignment of a dealer’s mark to an aircraft dealer has effect unless CASA revokes the assignment.

Note   For revocation of the assignment of a dealer’s mark: see regulation 47.225.

47.195    Certificate of assignment of dealer’s mark

         (1)   If CASA assigns a dealer’s mark to an aircraft dealer, CASA must give to the dealer a certificate stating that the mark is assigned to the dealer.

         (2)   Each such certificate must be for 1 dealer’s mark only.

47.200    Loss of certificate of assignment of dealer’s mark

         (1)   If a certificate of assignment of a dealer’s mark, or a replacement certificate of assignment already given under this subregulation, has been lost or destroyed, or is so damaged that information on it is no longer clearly legible, CASA must give to the aircraft dealer to whom the mark was assigned a replacement certificate if the dealer applies in writing.

         (2)   If an application is made because a certificate or copy has been damaged, the dealer must return the damaged certificate or copy to CASA within 14 days after the dealer receives the replacement certificate.

         (3)   A replacement certificate must state that it is a true copy of the original certificate.

47.205    Dealer’s plate

         (1)   If CASA assigns a dealer’s mark to an aircraft dealer, the dealer may make 1 dealer’s plate bearing that mark.

         (2)   The plate must:

                (a)    be a piece of stainless steel (or similar fireproof material) at least 100 mm by 160 mm and at least 1 mm thick; and

               (b)    be engraved with the following in sans serif capital letters:

                          (i)    ‘VH‑’ and the mark in letters at least 25 mm high;

                         (ii)    ‘CIVIL AVIATION SAFETY AUTHORITY’ and ‘DEALER’S PLATE CASR 1998’ in letters at least 8 mm high;

                        set out as shown in the following diagram, in which the letters ‘ABC’ represent the mark:

 

 

 

 

 

 

 

 

 


47.210    Use of dealer’s marks

         (1)   An aircraft dealer to whom a dealer’s mark is assigned must use the mark only on an aircraft that:

                (a)    is not currently registered in any country; and

               (b)    was manufactured, or is being distributed or dealt with, by the dealer.

Maximum penalty:   10 penalty units.

         (2)   If title to, or possession of, an unregistered aircraft on which a dealer’s mark is being used passes to another person, the dealer must ensure that the plate is removed from the aircraft before the other person operates the aircraft.

Maximum penalty:   30 penalty units.

         (3)   The aircraft dealer must keep records showing:

                (a)    the manufacturer, model and serial number of each aircraft on which the mark was used; and

               (b)    the periods during which it was used on that aircraft.

Maximum penalty:   10 penalty units.

         (4)   The aircraft dealer must keep the records for 12 months after the end of the period during which the mark was used on an aircraft.

Maximum penalty:   10 penalty units.

         (5)   An offence against subregulation (1), (2), (3) or (4) is an offence of strict liability.

47.215    Aircraft taken to be registered

                An unregistered aircraft on which a dealer’s mark is being used is taken to be registered during any period in which it is being operated in Australia if:

                (a)    the aircraft carries the corresponding dealer’s plate; and

               (b)    the possession of the aircraft remains with the dealer.

Note   Flying an unregistered aircraft may be an offence: see subsection 20AA (1) of the Act.

47.220    Annual report to CASA on aircraft using dealer’s marks

         (1)   An aircraft dealer to whom a dealer’s mark has been assigned must, within 1 month after the end of each reporting period, give CASA a report showing the manufacturer, model and serial number of each aircraft on which the mark was used during that period.

Maximum penalty:   30 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

         (3)   In subregulation (1):

reporting period means:

                (a)    the period of 12 months beginning on the day on which the mark was assigned to the dealer; or

               (b)    each consecutive period of 12 months at the end of which the mark is still assigned to the dealer; or

                (c)    a period of less than 12 months beginning on the day on which the mark was assigned to the dealer, or an anniversary of that day, and ending on the day on which the assignment of the mark is revoked or otherwise ceases.

47.225    Revocation of assignment of dealer’s mark etc

         (1)   CASA must revoke the assignment of a dealer’s mark to a person if the person:

                (a)    asks it in writing to do so; or

               (b)    ceases to be an aircraft dealer, or an eligible person; or

                (c)    fails to comply with this Subpart.

         (2)   If CASA revokes such an assignment, it must tell the person in writing that it has done so.

         (3)   The person must return the certificate of assignment of the mark to CASA within 14 days after receiving the notice of the revocation.

Maximum penalty:   10 penalty units.

         (4)   An offence against subregulation (3) is an offence of strict liability.


Part 60               Synthetic training devices

  

Note   This Part is made up as follows:

Subpart 60.A       Preliminary

60.005          Applicability

60.010          Definitions for Part 60

Subpart 60.B       Flight simulators and flight training devices

60.015          Definitions for Subpart 60.B

60.020          Qualification levels

60.025          Application for flight simulator qualification or flight training device qualification

60.030          Initial evaluation and qualification

60.035          Issue of flight simulator qualification certificate or flight training device qualification certificate

60.040          Period of validity of flight simulator qualification or flight training device qualification

60.045          Recurrent evaluation of qualified flight simulator or qualified flight training device

60.050          Variation, cancellation or suspension of flight simulator qualification or flight training device qualification

60.055          Flight simulator or flight training device approvals

60.060          Quality system

60.065          Ongoing fidelity requirements

60.070          Modification of qualified flight simulator or qualified flight training devices

60.075          Change in qualification level of qualified flight simulator or qualified flight training device

60.080          Deactivation, relocation or reactivation of qualified flight simulator or qualified flight training device

60.085          Change of operator of qualified flight simulator or qualified flight training device

60.090          Evaluation teams

60.095          Records

Subpart 60.C       Basic instrument flight trainers


Subpart 60.A        Preliminary

60.005    Applicability

                This Part applies to synthetic training devices that may be used by a person to gain aeronautical experience.

60.010    Definitions for Part 60

                In this Part:

Manual of Standards means the document called ‘Manual of Standards (MOS) – Part 60’ published by CASA, as in force from time to time.

master QTG, for a synthetic training device, means the QTG approved for the device under this Part.

QTG (or qualification test guide), for a synthetic training device, means a document that:

                (a)    shows that:

                          (i)    the performance and handling qualities of the synthetic training device agree, within the limits set out in the Manual of Standards, with those of the aircraft to which it relates; and

                         (ii)    all applicable requirements in these Regulations have been met; and

               (b)    includes the following information that relates to the matters mentioned in paragraph (a):

                          (i)    data relating to the performance and handling qualities of the aircraft and synthetic training device;

                         (ii)    the validation tests, and all functions and subjective tests for the device.

user, of a flight simulator or flight training device, means the person who uses the simulator or device in a training, testing or checking program.

Subpart 60.B        Flight simulators and flight training devices

60.015    Definitions for Subpart 60.B

                In this Subpart:

flight simulator qualification, for a flight simulator, means a qualification of the flight simulator under regulation 60.030.

flight simulator qualification certificate, means a certificate issued under regulation 60.035 for a qualified flight simulator.

flight training device qualification, for a flight training device, means a qualification of the flight training device under regulation 60.030.

flight training device qualification certificate, means a certificate issued under regulation 60.035 for a qualified flight training device.

operator, of a flight simulator or flight training device, means the person who is responsible for the maintenance and operation of the simulator or device.

qualification level, for a flight simulator or flight training device, has the meaning given by regulation 60.020.

60.020    Qualification levels

         (1)   The qualification level of a flight simulator is the level mentioned in column 2 of an item in table 60.020‑1 met by the simulator, determined in accordance with the standards in the Manual of Standards.

Table 60.020‑1         Flight simulator qualification levels

Item

Levels

1

Level A

2

Level B

3

Level C

4

Level D

         (2)   The qualification level of a flight training device is the level mentioned in column 2 of an item in table 60.020‑2 met by the device, determined in accordance with the standards in the Manual of Standards.

Table 60.020‑2         Flight training device qualification levels

Item

Levels

1

FAA Level 4

2

FAA Level 5

3

FAA Level 6

4

FAA Level 7

5

JAA Level 1

6

JAA Level 2

60.025    Application for flight simulator qualification or flight training device qualification

         (1)   The operator of a flight simulator or flight training device may apply to CASA, in writing, for qualification of the simulator or device.

         (2)   An application must include:

                (a)    a QTG for the simulator or device; and

               (b)    a document describing the quality system that the operator proposes to use to satisfy regulation 60.060.

Note   For further guidance see Advisory Circulars 60‑1, 60‑3 and 60‑4.

60.030    Initial evaluation and qualification

         (1)   If CASA receives an application for the qualification of a flight simulator or flight training device, CASA must conduct an evaluation (an initial evaluation) of the simulator or device, including consideration of:

                (a)    any inspection or trial of the simulator or device; and

               (b)    the data provided in the QTG; and

                (c)    information available from any test conducted during the initial evaluation.

Note   CASA may arrange for an evaluation to be conducted by an evaluation team: see regulation 60.090.

         (2)   If, after the initial evaluation, CASA is satisfied that:

                (a)    the operator’s quality system will be suitable for the simulator or device; and

               (b)    the simulator or device meets a qualification level;

CASA must qualify the simulator or device at the qualification level.

         (3)   CASA may qualify a simulator or device that will simulate a new type of aircraft for which fully validated aircraft data is not available at an interim qualification level that is based on partially validated aircraft data.

         (4)   An interim qualification level applies for the period agreed between CASA and the operator of the simulator or device.

         (5)   If CASA qualifies a simulator or device, it must at the same time approve the QTG for the simulator or device.

60.035    Issue of flight simulator qualification certificate or flight training device qualification certificate

         (1)   CASA must issue a flight simulator qualification certificate to the operator of a flight simulator, or a flight training device qualification certificate to the operator of a flight training device, if CASA qualifies the simulator or device.

         (2)   The certificate must include the name of the operator and:

                (a)    include information identifying the simulator or device; and

               (b)    specify the aircraft that is simulated by the simulator or device; and

                (c)    specify the qualification level for the simulator or device.

60.040    Period of validity of flight simulator qualification or flight training device qualification

         (1)   A flight simulator qualification or flight training device qualification is in force for:

                (a)    12 months from the date of issue of the flight simulator qualification certificate or flight training device qualification certificate; or

               (b)    if a shorter period is specified in the certificate — that period.

         (2)   However, a qualification ceases to be in force if:

                (a)    it is cancelled by CASA under regulation 60.050; or

               (b)    there is a change of operator of the simulator or device; or

                (c)    the simulator or device is deactivated or relocated.

         (3)   A qualification is not in force for the period of any suspension imposed by CASA under regulation 60.050.

60.045    Recurrent evaluation of qualified flight simulator or qualified flight training device

         (1)   The operator of a qualified flight simulator or qualified flight training device may, within 60 days before the expiry of the flight simulator qualification or flight training device qualification, ask CASA, in writing, to conduct an evaluation (a recurrent evaluation) of the simulator or device.

Note   CASA may arrange for an evaluation to be conducted by an evaluation team: see regulation 60.090.

         (2)   Subject to subregulation (3), regulations 60.030 and 60.035 apply in respect of a recurrent evaluation in the same way as they apply to the initial evaluation.

         (3)   During a recurrent evaluation, a qualified flight simulator or qualified flight training device must be assessed against:

                (a)    the qualification level at which the simulator or device was qualified at the initial qualification or accreditation of the simulator or device in Australia; or

               (b)    if CASA has changed the qualification level since the initial evaluation — the qualification level as changed.

60.050    Variation, cancellation or suspension of flight simulator qualification or flight training device qualification

         (1)   CASA may, by notice in writing to the operator of a qualified flight simulator or qualified flight training device, vary, cancel or suspend the qualification of the simulator or device if:

                (a)    the simulator or device no longer meets the qualification level specified in its qualification certificate; or

               (b)    the operator has failed to comply with a requirement of this Part in relation to the simulator or device.

         (2)   If an operator receives a notice of variation or cancellation under subregulation (1), the operator must return the qualification certificate to CASA within 14 days after receiving the notice.

         (3)   If CASA varies a qualification, CASA must reissue the qualification certificate specifying the qualification as varied.

60.055    Flight simulator or flight training device approvals

         (1)   A person who proposes to be the user of a qualified flight simulator or qualified flight training device must apply to CASA, in writing, for approval to do so.

Note   See Advisory Circulars 60‑2 and 60‑4.

         (2)   In considering whether to grant an approval, CASA must take into account:

                (a)    the differences between the characteristics of the flight simulator or flight training device and the characteristics of a specific type (or a specific make, model and series) of aircraft, whether or not the user operates such an aircraft; and

               (b)    the proposed user’s operating and training competencies.

         (3)   CASA may also take into account any other matter that affects the way the simulator or device operates or may be used.

         (4)   An approval:

                (a)    must be in writing; and

               (b)    may be issued subject to conditions that are set out in the approval.

         (5)   An approval takes effect on the date of issue and continues in force unless the applicable flight simulator qualification or flight training device qualification ceases to be in force.

         (6)   However, if CASA is satisfied that any matter that was taken into account under subregulation (2) or (3) has changed, CASA may, by notice in writing to the user, vary, suspend or cancel the approval.

60.060    Quality system

         (1)   The operator of a qualified flight simulator or qualified flight training device must establish and maintain a quality system that ensures the correct operation and maintenance of the simulator or device.

         (2)   The quality system must cover at least the following matters:

                (a)    quality policy;

               (b)    management responsibility;

                (c)    document control;

               (d)    resource allocation;

                (e)    quality procedures;

                (f)    internal audit.

Note   The quality system may be structured according to the size and complexity of the operator’s organisation, in accordance with the requirements set out in the following documents:

(a)   AS/NZS ISO 9001:2000 Quality Management System Requirements;

(b)   SQAP:2000 Simulator Quality Assurance Program Standard published by the FAA.

60.065    Ongoing fidelity requirements

         (1)   The operator of a qualified flight simulator or qualified flight training device must, progressively during the 12 months after the issue of the applicable flight simulator qualification certificate or flight training device qualification certificate, perform:

                (a)    all validation tests mentioned in the master QTG for the simulator or device; and

               (b)    all functions and subjective tests within the current (and any planned) training program (or an equivalent sample approved by CASA).

         (2)   The operator must establish a configuration management system to ensure the continued integrity of the equipment and software of the simulator or device.

         (3)   The operator must maintain an on‑going modification program to ensure that the equipment, software and performance of the simulator or device accurately simulates the aircraft specified in the certificate.

         (4)   The operator must notify each user of the simulator or device, before its use, if the simulator or device is unsuitable for any training, testing or checking sequence specified in the certificate.

60.070    Modification of qualified flight simulator or qualified flight training devices

         (1)   The operator of a qualified flight simulator or qualified flight training device must notify CASA, in writing, if it proposes to modify the equipment or software of the simulator or device in a way that will change the characteristics of the simulator or device.

         (2)   If CASA receives a notice under subregulation (1), CASA may conduct an evaluation (a special evaluation) of the simulator or device as it is proposed to be modified.

         (3)   Subject to subregulations (4) and (5), regulations 60.030 and 60.035 apply in respect of a special evaluation in the same way as they apply to the initial evaluation.

         (4)   If CASA decides not to conduct a special evaluation:

                (a)    the operator may make the proposed modification of the simulator or device; and

               (b)    the flight simulator or flight training device qualification continues to be in force.

         (5)   During a special evaluation, a simulator or device must be assessed against:

                (a)    the qualification level at which the simulator or device was qualified at the initial qualification or accreditation of the simulator or device in Australia; or

               (b)    if CASA has changed the qualification level since the initial evaluation — the qualification level as changed.

Note   CASA may arrange for an evaluation to be conducted by an evaluation team: see regulation 60.090.

         (6)   This regulation does not apply to the modification of a device for the purpose of a change in the qualification level of the simulator or device.

60.075    Change in qualification level of qualified flight simulator or qualified flight training device

         (1)   The operator of a qualified flight simulator or qualified flight training device may ask CASA, in writing, to change the qualification level of the simulator or device.

Note   For further guidance about qualification levels see the Manual of Standards.

         (2)   If CASA receives a request under subregulation (1), it must conduct a special evaluation of the simulator or device, applying the standards in the Manual of Standards.

Note   CASA may arrange for an evaluation to be conducted by an evaluation team: see regulation 60.090.

         (3)   If CASA changes the qualification level, it must:

                (a)    approve any resulting amendments to the master QTG of the simulator or device; and

               (b)    issue a revised flight simulator qualification certificate or flight training device qualification certificate.

60.080    Deactivation, relocation or reactivation of qualified flight simulator or qualified flight training device

         (1)   The operator of a qualified flight simulator or qualified flight training device must notify CASA, in writing, if the simulator or device is deactivated.

         (2)   An operator must notify CASA, in writing, before the operator reactivates or relocates a simulator or device, and CASA may then conduct a special evaluation of the simulator or device.

Note 1   A flight simulator qualification or flight training device qualification ceases to be in force if the simulator or device is deactivated or relocated: see paragraph 60.040 (2) (c).

Note 2   CASA may arrange for an evaluation to be conducted by an evaluation team: see regulation 60.090.

         (3)   During a special evaluation, a flight simulator or flight training device must be assessed against:

                (a)    the qualification level at which the simulator or device was qualified at the initial qualification or accreditation of the simulator or device in Australia; or

               (b)    if CASA has changed the qualification level since the initial evaluation — the qualification level as changed.

60.085    Change of operator of qualified flight simulator or qualified flight training device

         (1)   The operator of a qualified flight simulator or qualified flight training device must notify CASA, in writing, of any proposed change of operator of the simulator or device.

         (2)   If there is a change of operator of a simulator or device:

                (a)    the former operator must give to the new operator the records mentioned in regulation 60.095 that apply to the simulator or device; and

               (b)    the new operator may apply to CASA, in writing, for qualification of the simulator or device.

         (3)   An application under paragraph (2) (b) must be accompanied by a plan of transfer setting out in detail how the new operator will comply with the requirements of this Subpart.

         (4)   If CASA is satisfied that the new operator is able to comply with the requirements of this Subpart, CASA must:

                (a)    approve the plan; and

               (b)                issue a new flight simulator qualification certificate or flight training device qualification certificate.

Note   A flight simulator qualification or flight training device qualification ceases to be in force if there is a change of operator: see paragraph 60.040 (2) (b).

60.090    Evaluation teams

                CASA may:

                (a)    arrange for an evaluation mentioned in this Subpart to be conducted by an evaluation team; and

               (b)    appoint a person to be an evaluation team leader, having regard to the skills, qualifications and experience necessary to undertake the evaluation.

Note   See Advisory Circulars 60‑1 and 60‑4.

60.095    Records

         (1)   The operator of a qualified flight simulator or qualified flight training device must keep the following records relating to the simulator or device for at least 3 years after the simulator or device is decommissioned:

                (a)    the master QTG;

               (b)    modification records;

                (c)    quality system records.

         (2)   The operator must also keep the results of each test carried out under subregulation 60.065 (1) for the simulator or device for at least 3 years after the test.

         (3)   If there is a change of operator of a simulator or device, the new operator must keep the records and test results relating to the simulator or device that were kept by the former operator.

Subpart 60.C        Basic instrument flight trainers

Note   This Subpart heading is reserved for future use.


Part 61               Pilot licensing

Note   This Part heading is reserved for future use.

  

Part 63               Flightcrew licensing other than pilots

Note   This Part heading is reserved for future use.

  

Part 64               Ground operations personnel licensing

Note   This Part heading is reserved for future use.

  

 


Part 65               Air traffic services licensing

  

Note   This Part is made up as follows:

Subpart 65.A       General

65.005             Applicability of this Part

65.010             Definitions for this Part

65.015             Meaning of successful completion of training

65.020             Effect of ATS provider’s failure to comply with this Part

65.025             How to satisfy recency requirement

65.030             How to satisfy currency requirement

65.033             Issue of Manual of Standards

Subpart 65.B     Authority to act in air traffic control and flight service

65.035          Authority to carry out air traffic control function

65.040             Rules applicable when a person performs ATC function under supervision

65.045             Offences — carrying out ATC function without authority

65.050             Authority to carry out flight service function

65.055             Rules applicable when a person performs flight service function under supervision

65.060             Offences — carrying out flight service function without authority

65.065             Authority to use ground‑based radio equipment

Subpart 65.C     Licensing

Division 65.C.1         Air traffic controller licensing

65.070          Eligibility for grant of ATC licence

65.075             Air traffic controller ratings

65.080             Grant of rating on ATC licence

65.085             Grant of endorsement on ATC licences

65.090             ATS provider’s obligation to provide currency and recency training and assessment

65.095             Ancillary qualifications

65.100             Conduct of practical training

65.105             Conduct of examinations

65.110             Duration of ATC licence

65.115             Periods of validity of ratings and endorsements

65.120             Periods of validity of ATC qualifications

Division 65.C.2         Flight service officer licensing

65.125          Eligibility for grant of flight service licence

65.130             Flight service ratings

65.135             Maintenance of ratings on flight service licence

65.140             Endorsements on flight service licences

65.145             Ancillary qualifications

65.150             Conduct of training

65.155             Conduct of examinations

65.160             Duration of flight service licence

65.165             Periods of validity of rating and endorsement

65.170             Period of validity of flight service qualification

Subpart 65.E      Administrative functions

Division 65.E.1         Grant of licences

65.175          Definitions for this Subpart

65.180             How to apply

65.185             Who to apply to

65.190             Application for licence cancelled previously

65.195             Other things CASA can ask individual applicant to do — test or interview

65.200             Other things CASA can ask applicant to do — provide more information

65.205             Statutory declarations to verify applications

65.215             Matters that CASA may or must take into account

65.220             Statutory declarations to verify statements in submissions

65.225             When CASA must grant a licence

65.230             When decision must be made

65.235             Notice of decision

65.240             When licence comes into effect

65.245             Licence document

Division 65.E.2         Ongoing proficiency and medical testing

65.250          Re‑examination or re‑assessment of licence or qualification holder

Division 65.E.3         Suspension and cancellation of licences

65.255          Provisional suspension of licence pending examination or assessment

65.260             Provisional suspension of licence etc during investigation

65.265             Show cause procedure

65.270             CASA’s powers in respect of licence etc

65.275             Choice between cancellation and suspension

65.280             Procedure for decision


Subpart 65.A           General

65.005    Applicability of this Part

         (1)   This Part applies to the performance of functions in connection with providing air traffic services (within the meaning of Annex 11 to the Chicago Convention) in Australian territory.

         (2)   However, this Part does not apply to a person who is providing an air traffic service in the course of his or her duties for the Defence Force.

65.010    Definitions for this Part

                In this Part:

currency requirement means the requirement referred to in regulation 65.030.

Manual of Standards means the document called ‘Manual of Standards (MOS) – Part 65’ issued by CASA under regulation 65.033, as in force from time to time.

recency requirement means the requirement referred to in regulation 65.025.

Note   Air traffic control function means a function described in a paragraph of subregulation 65.075 (2); flight service function means the function described in subregulation 65.130 (2) — see the Dictionary.

65.015    Meaning of successful completion of training

                For this Part, a person has successfully completed training for a licence, rating, endorsement or qualification only if:

                (a)    he or she has passed (to the standard required by the Manual of Standards) any examination required by that Manual; and

               (b)    he or she has successfully completed (to the standard required by that Manual) any practical performance assessment so required.

65.020    Effect of ATS provider’s failure to comply with this Part

                A failure by an ATS provider to comply with a requirement of or under this Part is not an offence but may be taken into account in deciding whether or not the provider’s certificate should be suspended or revoked.

65.025    How to satisfy recency requirement

         (1)   The holder of an ATC licence or a flight service licence satisfies the recency requirement in relation to an endorsement at a particular time if he or she has performed the duties required by the relevant function at the aerodrome or in relation to the airspace to which the endorsement relates, for at least 5 hours within the previous 21 days.

         (2)   If an ATS provider specifies in its operations manual that 2 or more endorsements are of like type for this regulation, a licence holder who performed the duties of any of those endorsements for a total of at least 5 hours within the previous 21 days also satisfies the recency requirement.

         (3)   A licence holder who does not satisfy the recency requirement at a particular time in relation to an endorsement is taken to satisfy that requirement at a later time after:

                (a)    he or she:

                          (i)    has carried out the relevant function at that aerodrome, or in relation to that airspace, under supervision for at least 1 normal working day for each month that has passed since he or she last performed the function at that aerodrome or in relation to that airspace; or

                         (ii)    has undergone any retraining required by the relevant ATS provider’s operations manual; and

               (b)    he or she has been assessed by the ATS provider as competent in performing the function at that aerodrome or in relation to that airspace.

65.030    How to satisfy currency requirement

         (1)   The holder of an ATC licence or a flight service licence satisfies the currency requirement in relation to an endorsement at a particular time if:

                (a)    within the previous 12 months, he or she has passed, to the standard required by the Manual of Standards, an examination in the subject‑matter specific to the endorsement; and

               (b)    within the previous 6 months, his or her performance of the relevant function at the aerodrome, or in relation to the airspace, to which the endorsement relates, has been assessed as satisfactory.

         (2)   The holder of an ATC licence or a flight service licence satisfies the currency requirement in relation to a rating at a particular time if, within the previous 12 months, he or she has passed, to the standard required by the Manual of Standards, an examination in the subject‑matter specific to the rating.

         (3)   The examination and assessment must be carried out in accordance with any relevant requirements and standards in the Manual of Standards.

65.033    Issue of Manual of Standards

         (1)   CASA may issue a Manual of Standards for this Part that provides for the following matters:

                (a)    the form and classification of a licence, rating, endorsement or qualification that is granted for this Part (an ATS authorisation);

               (b)    the requirements for, and standards to be met by, an applicant for, and the holder of, an ATS authorisation;

                (c)    the requirements and standards for training, tests and examinations for ATS authorisations;

               (d)    the duration of an ATS authorisation and the procedure for the renewal of an ATS authorisation;

                (e)    any matter required or permitted by the regulations to be provided for by the Manual of Standards;

                (f)    any matter necessary or convenient to be provided for the effective operation of this Part.

Note   A Manual of Standards is a legislative instrument — see subsections 98 (5A) and (5B) of the Act and subparagraph 6 (d) (i) of the Legislative Instruments Act 2003. It must be registered in accordance with the latter Act and must be tabled in both Houses of the Parliament within 6 sitting days after its making.

         (2)   CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275 (3) or regulation 11.280) to each ATS provider.

Note   Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.

Subpart 65.B           Authority to act in air traffic control and flight service

65.035    Authority to carry out air traffic control function

         (1)   A person may carry out an air traffic control function in Australian territory if, at the time the person carries out the function:

                (a)    he or she holds an ATC licence with a rating for the function and an endorsement for the place where, or the airspace in relation to which, he or she carries it out; and

               (b)    the licence, rating and endorsement are in force; and

                (c)    he or she:

                          (i)    satisfies the recency and currency requirements in relation to the endorsement; and

                         (ii)    satisfies the currency requirement in relation to the rating.

         (2)   A person to whom subregulation (3) applies may carry out an air traffic control function in Australian territory under the supervision of a person who meets the requirements of subregulation (1).

         (3)   This subregulation applies to each of the following persons:

                (a)    a person who CASA has authorised in writing to carry out the relevant function;

               (b)    a person who:

                          (i)    holds an ATC licence with a rating for the function and an endorsement for the place where, or the airspace in relation to which, he or she carries it out; but

                         (ii)    at the relevant time, in relation to the rating or endorsement, does not satisfy the recency or currency requirement;

                (c)    a person who:

                          (i)    holds an ATC licence; and

                         (ii)    carries out the function in the course of training for a rating or endorsement (whether or not the person holds a rating or endorsement at the time);

               (d)    a person (other than a person who held an ATC licence that has been cancelled) who:

                          (i)    has completed an approved course of training in the theory of air traffic control; and

                         (ii)    carries out the function in the course of undergoing practical training for an ATC licence.

65.040    Rules applicable when a person performs ATC function under supervision

         (1)   If a person to whom subregulation 65.035 (3) applies (the trainee) is carrying out an air traffic control function under the supervision of a person who meets the requirements of subregulation 65.035 (1) (the supervisor), this regulation applies.

         (2)   The trainee must comply with the supervisor’s directions.

Penalty:   25 penalty units.

         (3)   Any failure by the supervisor to supervise the trainee adequately is not an offence, but may be taken into account in considering whether the supervisor’s ATC licence should be suspended or cancelled.

65.045    Offences — carrying out ATC function without authority

         (1)   A person who is not authorised to do so by subregulation 65.035 (1) or (2) must not carry out an air traffic control function in Australian territory.

Penalty:   25 penalty units.

         (2)   A person to whom subregulation 65.035 (3) applies must not carry out an air traffic control function in Australian territory if the person is not acting under the supervision of a person who meets the requirements of subregulation 65.035 (1).

Penalty:   25 penalty units.

         (3)   Strict liability applies to the following physical elements:

                (a)    in subregulation (1) — that the person is not authorised by subregulation 65.035 (1) or (2);

               (b)    in subregulation (2) — that the person under whose supervision the air traffic control function is carried out is a person who meets the requirements of subregulation 65.035 (1).

Note   For strict liability, see section 6.1 of the Criminal Code.

         (4)   It is a defence to a charge of contravening subregulation (1) or (2) that the relevant action was, in the circumstances, reasonable in the interests of the safety of air navigation.

Note   A defendant bears an evidential burden in relation to the matter mentioned in subregulation (4).

65.050    Authority to carry out flight service function

         (1)   A person may carry out a flight service function in Australian territory if, at the time he or she carries out the function:

                (a)    he or she holds a flight service licence with a rating for the function and an endorsement for the place where, or the airspace in relation to which, he or she carries it out; and

               (b)    the licence, rating and endorsement are in force; and

                (c)    he or she:

                          (i)    satisfies the recency and currency requirements in relation to the endorsement; and

                         (ii)    satisfies the currency requirement in relation to the rating.

         (2)   A person to whom subregulation (3) applies may carry out a flight service function in Australian territory under the supervision of a person who meets the requirements of subregulation (1).

         (3)   This subregulation applies to each of the following persons:

                (a)    a person who CASA has authorised in writing to carry out the function;

               (b)    a person who:

                          (i)    holds a flight service licence with a rating for the function and an endorsement for the place where, or the airspace in relation to which, he or she carries it out; but

                         (ii)    at the relevant time, in relation to the rating or endorsement, does not satisfy the recency or currency requirement;

                (c)    a person who:

                          (i)    holds a flight service licence; and

                         (ii)    carries out the function in the course of training for a rating or endorsement (whether or not the person holds a rating or endorsement at the time);

               (d)    a person (other than a person who held a flight service licence that has been cancelled) who:

                          (i)    has completed an approved course of training in the theory of flight service; and

                         (ii)    carries out the function in the course of undergoing practical training for a flight service licence.

65.055    Rules applicable when a person performs flight service function under supervision

         (1)   If a person to whom subregulation 65.050 (3) applies (the trainee) is carrying out a flight service function under the supervision of a person who meets the requirements of subregulation 65.050 (1) (the supervisor), this regulation applies.

         (2)   The trainee must comply with the supervisor’s directions.

Penalty:   25 penalty units.

         (3)   Any failure by the supervisor to supervise the trainee adequately is not an offence, but may be taken into account in considering whether the supervisor’s flight service licence should be suspended or cancelled.

65.060    Offences — carrying out flight service function without authority

         (1)   A person who is not authorised to do so by subregulation 65.050 (1) or (2) must not carry out a flight service function in Australian territory.

Penalty:   25 penalty units.

         (2)   A person to whom subregulation 65.050 (3) applies must not carry out a flight service function in Australian territory if the person is not acting under the supervision of a person who meets the requirements of subregulation 65.050 (1).

Penalty:   25 penalty units.

         (3)   Strict liability applies to the following physical elements:

                (a)    in subregulation (1) — that the person is not authorised by subregulation 65.050 (1) or (2);

               (b)    in subregulation (2) — that the person under whose supervision the flight service function is carried out is a person who meets the requirements of subregulation 65.050 (1).

Note   For strict liability, see section 6.1 of the Criminal Code.

65.065    Authority to use ground‑based radio equipment

         (1)   Despite subregulations 83 (2) and (3) of CAR, a person to whom subregulation (2) applies may operate, for the purpose of performing an air traffic control function or a flight service function, a radiocommunication system used for the purpose of ensuring the safety of air navigation but not installed in or carried on an aircraft.

         (2)   This subregulation applies to the following:

                (a)    a person who may, under regulation 65.035, carry out an air traffic control function or, under regulation 65.050, carry out a flight service function in Australian territory;

               (b)    a person who is engaged by an ATS provider (whether or not as an employee), and who is acting in the course of his or her duties.

         (3)   For paragraph (2) (b), ATS provider means an ATS provider, within the meaning given by regulation 172.015, that is approved to provide a flight information service.

Subpart 65.C           Licensing

Division 65.C.1            Air traffic controller licensing

65.070    Eligibility for grant of ATC licence

         (1)   A person is eligible to be granted an ATC licence if he or she:

                (a)    has turned 18; and

               (b)    holds a Class 3 medical certificate; and

                (c)    has successfully completed the training (including any examination or assessment) specified in the Manual of Standards for the licence, a rating and an endorsement; and

                (e)    speaks English clearly, and understands spoken English,
to a standard that allows clear spoken two‑way communication in the course of performing an air traffic control function.

         (3)   A statement by an ATS provider, given in accordance with procedures set out in its operations manual, that a person meets the requirements in paragraph (1) (e) is, in the absence of contrary evidence, sufficient evidence of that fact.

65.075    Air traffic controller ratings

         (1)   The air traffic controller ratings for Australia are the following:

                (a)    aerodrome control rating;

               (b)    approach control rating;

                (c)    approach radar control rating;

               (d)    area control rating;

                (e)    area radar control rating.

Note   The air traffic controller ratings are specified in section 4.4 of Annex 1, Personnel Licensing, to the Chicago Convention. Not all the ratings specified there are in use in Australia.

         (2)   The function of an ATC licence holder who holds a particular rating is as follows:

                (a)    if the rating is an aerodrome control rating — to provide, or supervise the provision of, aerodrome control service (including traffic information, flight information and alerting services) for the aerodrome for which the licence holder holds an endorsement;

               (b)    if the rating is an approach control rating — to provide, or supervise the provision of, approach control service (including traffic information, flight information and alerting services) for the airspace for which the licence holder holds an endorsement;

                (c)    if the rating is an approach radar control rating — to provide, or supervise the provision of, approach control service (including traffic information, flight information and alerting services) with the use of radar or another surveillance system for the airspace for which the licence holder holds an endorsement;

               (d)    if the rating is an area control rating — to provide, or supervise the provision of, area control service (including traffic information, flight information and alerting services) for the airspace for which the licence holder holds an endorsement;

                (e)    if the rating is an area radar control rating — to provide, or supervise the provision of, area control service (including traffic information, flight information and alerting services) with the use of radar or another surveillance system for the airspace for which the licence holder holds an endorsement.

65.080    Grant of rating on ATC licence

         (1)   CASA may grant a rating to a person who:

                (a)    is eligible to be granted an ATC licence; and

               (b)    successfully completes the training required by the Manual of Standards for the grant of the rating.

         (2)   An ATS provider must set up and maintain a program to ensure that its employees who hold ATC licences maintain ratings appropriate to their duties.

         (3)   That program must be in accordance with any standards and requirements set out in the Manual of Standards.

         (4)   The provider must include details of the program, including necessary training and tests of competency, in its operations manual.

65.085    Grant of endorsement on ATC licences

         (1)   An endorsement certifies that an ATC licence holder is competent to perform a particular air traffic control function at a particular aerodrome, or in relation to particular airspace.

         (2)   CASA may grant an endorsement to a person who:

                (a)    is eligible to be granted an ATC licence with a rating; and

               (b)    successfully completes the training required by the Manual of Standards for the grant of the endorsement.

         (3)   An ATS provider must set up and maintain a program to ensure that its employees who hold ATC licences maintain endorsements appropriate to their duties.

         (4)   That program must be in accordance with any standards and requirements set out in the Manual of Standards.

         (5)   The provider must include details of the program, including necessary training and tests of competency, in its operations manual.

65.090    ATS provider’s obligation to provide currency and recency training and assessment

         (1)   An ATS provider must set up and maintain, in accordance with the Manual of Standards, programs for:

                (a)    continuing assessment of its employees’ competency for the purposes of ensuring that they continue to satisfy the currency requirements in relation to ratings and endorsements; and

               (b)    familiarisation, retraining and assessment of any of its employees who at any time do not satisfy the currency or recency requirement in relation to an endorsement.

         (2)   The provider must include details of the program, including necessary training and tests of competency, in its operations manual.

65.095    Ancillary qualifications

         (1)   An ATC qualification certifies that the holder is competent to perform a particular ancillary function.

         (2)   The functions include the following:

                (a)    classroom instructor;

               (b)    on‑the‑job instructor;

                (c)    workplace assessor.

         (3)   Within the limits set out in the Manual of Standards, an ATS provider may define, for the provider’s organisation, the responsibilities of the holder of an ATC qualification mentioned in paragraph (2) (a), (b) or (c).

         (4)   Subregulation (3) does not prevent an ATS provider defining an ancillary function for use within its own organisation.

         (5)   An ATS provider must set up and maintain a program to grant ATC qualifications to, and administer ATC qualifications held by, its employees.

         (6)   The provider must include details of the program, including necessary training and tests of competency, in its operations manual.

         (7)   The program must be in accordance with the standards and requirements set out in the Manual of Standards.

65.100    Conduct of practical training

                An ATS provider must ensure that practical training carried out by it, or on its behalf, for the award of an ATC licence, rating, endorsement or ATC qualification, is carried out in accordance with:

                (a)    the standards and requirements set out in the Manual of Standards; and

               (b)    the provider’s operations manual.

65.105    Conduct of examinations

                An ATS provider must ensure that an examination or assessment carried out by it, or on its behalf, for the award of an ATC licence, rating, endorsement or ATC qualification, is carried out in accordance with:

                (a)    the standards and requirements set out in the Manual of Standards; and

               (b)    the provider’s operations manual.

65.110    Duration of ATC licence

         (1)   An ATC licence is in force until it is cancelled.

         (2)   However, an ATC licence is not in force:

                (a)    during any period of suspension; or

               (b)    during any period during which its holder does not also hold a Class 3 medical certificate.

Note   Suspension of a licence also suspends each rating or endorsement on it — see subregulation 65.115 (4). However, suspension of a licence, rating or endorsement does not automatically suspend an ATC qualification held by the same person — see subregulation 65.120 (3).

65.115    Periods of validity of ratings and endorsements

         (1)   Unless sooner cancelled, a rating on an ATC licence is valid for 12 months or until the licence is cancelled.

         (2)   Unless sooner cancelled, an endorsement on an ATC licence remains valid:

                (a)    for the period (no longer than 6 months) specified for an endorsement in the operations manual of the ATS provider that granted it; or

               (b)    if the licence is cancelled before that time — until the licence is cancelled; or

                (c)    if the rating with which the endorsement is connected is cancelled before that time — until the rating is cancelled; or

               (d)    until the licence holder ceases to be employed by that ATS provider.

         (3)   For paragraph (2) (c), an endorsement is connected with a rating if the endorsement authorises the performance, at a particular aerodrome or in relation to particular airspace, of the function of a holder of the rating.

Note   For the function of the holder of each kind of rating, see subregulation 65.075 (2).

         (4)   A rating or endorsement is not in force:

                (a)    during any period of suspension; or

               (b)    during any period of suspension of the relevant licence.

65.120    Periods of validity of ATC qualifications

         (1)   Unless sooner cancelled, an ATC qualification remains valid:

                (a)    for the period specified by the ATS provider or ATS training provider that granted it; or

               (b)    if any ATC licence, rating or endorsement on which it is dependent, is cancelled before that time — until the licence, rating or endorsement is cancelled; or

                (c)    until the holder ceases to be employed by that ATS provider or ATS training provider.

         (2)   For paragraph (1) (b), an ATC qualification is dependent on a particular licence, rating or endorsement if the ATS provider or ATS training provider that grants the qualification so specifies.

         (3)   A qualification is not in force during any period of suspension, but is not taken to be suspended by the suspension of any licence, rating or endorsement held by the holder of the qualification.

Division 65.C.2            Flight service officer licensing

65.125    Eligibility for grant of flight service licence

         (1)   A person is eligible to be granted a flight service licence with a traffic information service rating if he or she:

                (a)    has turned 18; and

               (b)    holds a Class 3 medical certificate; and

                (c)    has successfully completed the training (including any examination or assessment) specified in the Manual of Standards for the licence, the rating and an endorsement; and

                (e)    speaks English clearly, and understands spoken English,
to a standard that allows clear spoken two‑way communication in the course of performing a flight service function.

         (3)   A statement by an ATS provider, given in accordance with procedures set out in its operations manual, that a person meets the requirements in paragraph (1) (e) is, in the absence of contrary evidence, sufficient evidence of that fact.

65.130    Flight service ratings

         (1)   CASA may grant a traffic information service rating to a person who:

                (a)    is eligible to be granted a flight service licence with a traffic information service rating; and

               (b)    successfully completes the training required by the Manual of Standards for the grant of the rating.

Note   The traffic information service rating is the only flight service rating for Australia.

         (2)   The function of a flight service licence holder holding a traffic information service rating is to provide, or supervise the provision of, a traffic and flight information and alerting service for the flight information area for which the licence is endorsed.

65.135    Maintenance of ratings on flight service licence

         (1)   An ATS provider must set up and maintain a program to ensure that its employees who hold flight service licences hold traffic information service ratings.

         (2)   The provider must include details of that program, including necessary training and tests of competency, in its operations manual.

         (3)   That program must be in accordance with the standards and requirements set out in the Manual of Standards.

65.140    Endorsements on flight service licences

      (1A)   CASA may grant an endorsement to a person who:

                (a)    is eligible to be granted a flight service licence with a traffic information service rating; and

               (b)    successfully completes the training required by the Manual of Standards for the grant of the endorsement.

         (1)   An endorsement on a flight service licence certifies that the licence holder is competent to perform a flight service function in relation to an aerodrome or particular airspace.

         (2)   An ATS provider must set up and maintain a program to grant and administer endorsements on flight service licences held by its employees.

         (3)   The provider must include details of the program, including necessary training and tests of competency, in its operations manual.

         (4)   The program must be in accordance with the standards and requirements set out in the Manual of Standards.

65.145    Ancillary qualifications

         (1)   A flight service qualification certifies that the holder is competent to perform a particular ancillary function.

         (2)   The functions are the following:

                (a)    classroom instructor;

               (b)    on‑the‑job instructor;

                (c)    workplace assessor.

         (3)   Within the limits set by the Manual of Standards, an ATS provider may define, for the provider’s organisation, the responsibilities of the holder of a flight service qualification mentioned in paragraph (2) (a), (b) or (c).

         (4)   Subregulation (1) does not prevent an ATS provider defining an ancillary function for use within its own organisation.

         (5)   An ATS provider must set up and maintain a program to grant flight service qualifications to, and administer flight service qualifications held by, its employees.

         (6)   The provider must include details of the program, including necessary training and tests of competency, in its operations manual.

         (7)   The program must be in accordance with the standards and requirements set out in the Manual of Standards.

65.150    Conduct of training

                An ATS provider must ensure that training carried out by it, or on its behalf, for the award of a flight service licence, rating, endorsement or flight service qualification, is carried out in accordance with:

                (a)    the standards and requirements set out in the Manual of Standards; and

               (b)    the provider’s operations manual.

65.155    Conduct of examinations

                An ATS provider must ensure that an examination carried out by it, or on its behalf, for the award of a flight service licence, rating, endorsement or flight service qualification, is carried out in accordance with:

                (a)    the standards and requirements set out in the Manual of Standards; and

               (b)    the provider’s operations manual.

65.160    Duration of flight service licence

         (1)   A flight service licence is in force until it is cancelled.

         (2)   However, a flight service licence is not in force:

                (a)    during any period of suspension; or

               (b)    during any period during which its holder does not also hold a Class 3 medical certificate.

Note   Suspension of a licence also suspends each rating or endorsement on it — see subregulation 65.165 (3). However, suspension of a licence, rating or endorsement does not automatically suspend an ATC qualification held by the same person — see subregulation 65.170 (3).

65.165    Periods of validity of rating and endorsement

         (1)   Unless sooner cancelled, a rating on a flight service licence is valid for 12 months or until the licence is cancelled or ceases to be valid.

         (2)   Unless sooner cancelled, an endorsement on a flight service licence remains valid:

                (a)    for the period (no longer than 6 months) specified for an endorsement in the operations manual of the ATS provider that granted it; or

               (b)    if the licence is cancelled before that time — until the licence is cancelled; or

                (c)    until the licence holder ceases to be employed by that ATS provider.

         (3)   A rating or endorsement is not in force:

                (a)    during any period of suspension; or

               (b)    during any period of suspension of the relevant licence.

65.170    Period of validity of flight service qualification

         (1)   Unless sooner cancelled, a flight service qualification remains valid:

                (a)    for the period specified by the ATS provider or ATS training provider that granted it; or

               (b)    if a flight service licence, rating or endorsement on which it is dependent is cancelled before that time — until the licence, rating or endorsement is cancelled; or

                (c)    until the holder ceases to be employed by that ATS provider or ATS training provider.

         (2)   For paragraph (1) (b), a flight service qualification is dependent on a flight service licence, rating or endorsement if the ATS provider or ATS training provider that granted the qualification so specifies.

         (3)   A qualification is not in force during any period of suspension, but is not taken to be suspended by the suspension of any licence, rating or endorsement held by the holder of the qualification.

Subpart 65.E         Administrative functions

Division 65.E.1            Grant of licences

65.175    Definitions for this Subpart

                In this Subpart:

licence means an ATC licence or a flight service officer licence.

qualification means an ATC qualification or a flight service qualification.

65.180    How to apply

         (1)   A person must apply for the grant of a licence in the way set out in this regulation.

         (2)   The application must be in writing.

         (3)   The application must give details of the applicant’s training, qualifications and experience, so far as relevant.

         (4)   The application must be accompanied by:

                (a)    a copy of any document that shows that the applicant has completed that training, holds that qualification or has that experience; and

               (b)    evidence that the applicant holds a Class 3 medical certificate; and

                (c)    evidence of the kind mentioned in subregulation 65.070 (3) or 65.125 (3), as the case requires.

65.185    Who to apply to

                The application must be made to CASA.

65.190    Application for licence cancelled previously

                If a person who applies for a licence has previously held a licence, and the previously held licence was cancelled for a reason mentioned in paragraph 65.265 (1) (a), (b) or (c), the person must include with the application any available evidence tending to show that the person could now properly exercise the powers or carry out the functions that would be conferred by the licence applied for.

65.195    Other things CASA can ask individual applicant to do — test or interview

         (1)   CASA may ask an applicant, in writing, to:

                (a)    undertake a test or tests of competence; or

               (b)    come to a specified CASA office at a specified reasonable time to be interviewed.

         (2)   If CASA asks an applicant to undertake a test, or come for interview, under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant undertakes the tests or participates in the interview.

65.200    Other things CASA can ask applicant to do — provide more information

         (1)   If CASA reasonably needs more information or another document to allow it to consider an application, CASA may ask the applicant in writing to give it information, or a copy of a document, specified in the request.

         (2)   In particular, CASA may ask an applicant to provide a written statement by any ATS provider that has employed the applicant as to the applicant’s service history.

         (3)   If CASA asks for more information, or a copy of a document, under subregulation (1) or (2), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the information or copy.

65.205    Statutory declarations to verify applications

         (1)   CASA may ask an applicant, in writing, to verify, by statutory declaration, any statement in an application.

         (2)   If CASA asks an applicant to verify a statement under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the statutory declaration.

65.215    Matters that CASA may or must take into account

         (1)   In making a decision on an application, CASA may take into account:

                (a)    anything in the application or in any other document submitted by the applicant; and

               (b)    anything in its records about the applicant; and

                (c)    the contents of any statutory declaration made by the applicant under regulation 65.205.

         (2)   However, before taking into account anything in its records about an applicant, CASA must:

                (a)    tell the applicant in writing that it intends to do so, and the substance of what CASA intends to take into account; and

               (b)    invite the applicant in writing to make a written submission about the matter within a specified reasonable time.

         (3)   If the applicant makes a written submission within the specified time, CASA must take the submission into account.

         (4)   When deciding whether to grant a new licence to an applicant who previously held a licence that was cancelled, CASA must take into account:

                (a)    the fact of the cancellation; and

               (b)    the reasons for the cancellation; and

                (c)    any evidence of the kind mentioned in regulation 65.190 that the person submits.

65.220    Statutory declarations to verify statements in submissions

         (1)   CASA may ask an applicant to verify any statement in a submission under subregulation 65.215 (3) by statutory declaration.

         (2)   CASA must, in making a decision on the application concerned, take such a submission into account.

         (3)   If CASA asks an applicant to verify a statement under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the statutory declaration.

65.225    When CASA must grant a licence

         (1)   Subject to paragraph 30A (4) (b) of the Act, if a person has applied for the grant of a licence in accordance with this Subpart, CASA must grant the licence if:

                (a)    the person is eligible for the grant of the licence; and

               (b)    all other requirements for the grant of the licence by or under these Regulations by or in relation to the person are satisfied; and

                (c)    no other provision of these Regulations forbids CASA to grant the licence, or makes the person ineligible for the grant of the licence; and

               (d)    granting the licence would not be likely to have an adverse effect on the safety of air navigation.

         (2)   In subregulation (1), a reference to satisfying the requirements for the grant of a licence includes:

                (a)    having any qualifications required by or under these Regulations for the grant of the licence; and

               (b)    having any experience required by or under these Regulations for that grant; and

                (c)    having successfully completed any training required by or under these Regulations for that grant; and

               (d)    having attained the standard of medical fitness standard required for that grant, and having been granted an appropriate medical certificate.

         (3)   CASA may grant the licence subject to:

                (a)    any conditions specified in these Regulations as applicable to a licence; and

               (b)    any other condition necessary in the interests of the safety of air navigation.

65.230    When decision must be made

         (1)   If CASA does not make a decision about an application within 21 days after receiving it, CASA is taken to have refused the application.

         (2)   However, if CASA makes a request under regulation 65.195 or 65.200, the time between when CASA makes the request, and when the applicant undertakes the test, or comes in for interview, or gives CASA the information or copy requested, does not count towards the 21 days.

         (3)   Also, if CASA asks an applicant to make a statutory declaration under regulation 65.205 or 65.220, the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the 21 days.

         (4)   Also, if CASA invites an applicant to comment under subregulation 65.215 (2), the time between when CASA gives the invitation and when the applicant comments does not count towards the 21 days.

65.235    Notice of decision

                After making a decision on an application for a licence, CASA must tell the applicant in writing, as soon as practicable:

                (a)    the decision; and

               (b)    if the decision was to refuse the application, or to grant the licence subject to a condition not sought by the applicant, the reasons for the decision.

65.240    When licence comes into effect

                A licence comes into effect:

                (a)    on a day stated in the notice under regulation 65.235; or

               (b)    if no day is so stated, on the date of the notice.

65.245    Licence document

         (1)   CASA must issue to a licence holder a licence document
that complies with Chapter 5 of Annex 1 to the Chicago Convention.

         (2)   CASA may issue a replacement document if anything set out on such a document is no longer correct.

         (3)   If CASA issues a document to a licence holder and the licence is cancelled, the person who held the licence must return the relevant licence document to CASA immediately.

Penalty:   1 penalty unit.

Note   A person is not guilty of an offence of failing to do something that he or she is not capable of doing: see section 4.2 of the Criminal Code

         (4)   An offence against subregulation (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (5)   It is a defence to a charge of contravening subregulation (3) that the defendant returned the licence document to CASA as soon as practicable.

Note   A defendant bears an evidential burden in relation to the matter mentioned in subregulation (5).

Division 65.E.2            Ongoing proficiency and medical testing

65.250    Re‑examination or re‑assessment of licence or qualification holder

         (1)   If:

                (a)    there is evidence that the holder of a licence or a qualification is not adequately performing his or her duties (whether because of lack of proficiency, injury, illness or for any other reason); and

               (b)    it is necessary, in the interests of the safety of air navigation, to require the holder to demonstrate his or her proficiency or fitness to perform those duties;

CASA may, at a reasonable time and on reasonable notice, direct the holder to undertake:

                (c)    an appropriate examination or performance assessment; or

               (d)    a medical assessment by a designated aviation medical examiner.

         (2)   In paragraph (1) (d):

medical includes psychological and psychiatric.

Division 65.E.3            Suspension and cancellation of licences

65.255    Provisional suspension of licence pending examination or assessment

         (1)   If under regulation 65.250 CASA directs the holder of a licence or qualification to undergo an examination, performance assessment or medical assessment, CASA may provisionally suspend the licence or a rating or endorsement on it, or the qualification, by notice in writing to the holder.

         (2)   The provisional suspension has effect from the time the notice is served on the holder.

         (3)   As soon as practicable after the examination or assessment, CASA must either:

                (a)    give the holder a notice under regulation 65.265 to show cause why the licence, rating, endorsement or qualification should not be cancelled or further suspended; or

               (b)    revoke the provisional suspension and tell the holder in writing that it has done so.

         (4)   CASA may revoke the provisional suspension at any time by notice in writing.

         (5)   If CASA gives the holder a show cause notice, the provisional suspension remains in effect (unless sooner revoked) until CASA decides, or is taken to have decided, whether or not to cancel the licence, rating, endorsement or qualification, or to further suspend it.

         (6)   However, if the holder does not comply with the direction within the time allowed by the notice to do so (or any extension of that time allowed by CASA), the licence, rating, endorsement or qualification remains suspended until the holder does so.

65.260    Provisional suspension of licence etc during investigation

         (1)   If there is evidence that the holder of a licence:

                (a)    may have contravened a provision of the Act or these Regulations; or

               (b)    may not meet a requirement of, or under, these Regulations in relation to getting or keeping the licence, rating, endorsement or qualification; or

                (c)    may have failed in his or her duty in a way that might adversely affect the safe navigation or operation of an aircraft;

CASA may provisionally suspend the holder’s licence, or a rating, endorsement or qualification, by notice in writing to the holder.

         (2)   CASA may revoke the provisional suspension at any time by notice in writing.

         (3)   The provisional suspension has effect from the time notice under subregulation (1) is served on the holder, and remains in effect (unless sooner revoked) until:

                (a)    if CASA gives to the holder a show cause notice — CASA decides, or is taken to have decided, whether or not to cancel the licence, rating, endorsement or qualification, or to further suspend it; or

               (b)    the end of 7 days after the time the notice under subregulation (1) is served on the holder.

65.265    Show cause procedure

         (1)   If there is evidence that the holder of a licence:

                (a)    may have contravened a provision of the Act or these Regulations; or

               (b)    may not meet a requirement of, or under, these Regulations in relation to getting or keeping the licence, rating, endorsement or qualification; or

                (c)    may have failed in his or her duty in a way that might adversely affect the safe navigation or operation of an aircraft;

CASA may give to the holder a notice in accordance with this regulation (a show cause notice).

         (2)   Also, CASA may give to the holder of a licence a show cause notice if:

                (a)    under regulation 65.250, CASA has directed the holder to undertake an examination or a performance assessment or medical assessment; and

               (b)    the holder has not done so within the time allowed by the direction (or any extension of that time allowed by CASA).

         (3)   The notice must be in writing.

         (4)   The notice must set out the facts and circumstances that appear to justify cancellation or suspension of the licence, rating, endorsement or qualification.

         (5)   The notice must invite the holder to show cause in writing, within a reasonable period stated in the notice, why the licence, rating, endorsement or qualification should not be cancelled or further suspended.

65.270    CASA’s powers in respect of licence etc

                CASA may cancel or suspend a licence, rating, endorsement or qualification if the holder:

                (a)    has contravened a provision of the Act or these Regulations; or

               (b)    does not meet a requirement of, or under, these Regulations in relation to getting or keeping the licence, rating, endorsement or qualification; or

                (c)    has failed in his or her duty in a way that adversely affects the safe navigation or operation of an aircraft.

65.275    Choice between cancellation and suspension

         (1)   This regulation sets out how CASA decides whether to cancel a person’s licence, rating, endorsement or qualification, or suspend it.

         (2)   If the person has contravened a provision of the Act or these Regulations, or has failed in his or her duty in a way that adversely affects the safe navigation or operation of an aircraft:

                (a)    where CASA is satisfied that the contravention or failure is not likely to recur, CASA may do either or both of the following:

                          (i)    suspend the person’s licence, rating, endorsement or qualification for an appropriate period;

                         (ii)    direct the person to receive appropriate counselling or training; and

               (b)    where CASA is not satisfied as mentioned in paragraph (a), CASA may:

                          (i)    if the contravention or failure is sufficiently serious, or has occurred before — cancel the licence, rating, endorsement or qualification; or

                         (ii)    take either or both of the courses mentioned in paragraph (a).

         (3)   If the person does not meet a requirement of, or under, these Regulations in relation to getting or keeping the licence, rating, endorsement or qualification, but there is a reasonable prospect that he or she will be able to do so within a reasonable time, CASA may suspend the licence, rating, endorsement or qualification:

                (a)    until the happening of a specified event; or

               (b)    until the holder successfully completes specified training; or

                (c)    for a specified period within which the holder is likely to become able to meet the requirement.

         (4)   If the person does not meet a requirement of, or under, these Regulations in relation to getting or keeping the licence, rating, endorsement or qualification and there is no reasonable prospect that he or she will be able to do so within a reasonable time, CASA must cancel the licence, rating, endorsement or qualification.

65.280    Procedure for decision

         (1)   When considering whether to cancel or suspend a licence, rating, endorsement or qualification, CASA must take into account any submission that the holder makes within the time allowed by the relevant show cause notice.

         (2)   CASA must tell the holder in writing of its decision.

         (3)   If CASA has not decided whether or not to cancel or further suspend the licence, rating, endorsement or qualification within 30 days after the end of the period allowed for submissions by the show cause notice, CASA is taken to have decided, at the end of that 30‑day period, neither to cancel nor further suspend the licence, rating, endorsement or qualification.

         (4)   If the licence, rating, endorsement or qualification is provisionally suspended, and CASA decides, or is taken under subregulation (3) to have decided, neither to cancel nor further suspend it, the provisional suspension ceases to have effect when CASA makes, or is taken to have made, that decision.

 


Part 66               Maintenance personnel licensing

  

Note   This Part heading is reserved for future use.


Part 67               Medical

  

Note   This Part is made up as follows:

Subpart 67.A       General

67.005             Applicability

67.010             Definitions for this Part

67.015             Meaning of safety‑relevant

67.020             Extended meaning of convicted of an offence

Subpart 67.B       Designated aviation medical examiners and designated aviation ophthalmologists

67.025             Application for appointment as DAME or DAO

67.030             More information for application

67.035             Continuation of appointment until application decided

67.040             When decision must be made

67.045             Appointment of DAMEs

67.050             DAMEs — duration of appointment

67.055             DAMEs — declaration about holders of position

67.060             DAMEs — conditions

67.065             Appointment of DAOs

67.070             DAOs — duration of appointment

67.075             DAOs — declaration about holders of position

67.080             DAOs — conditions

67.085             Certificate of appointment

67.090             Release of information about performance of DAMEs or DAOs

67.095             DAMEs and DAOs — cancellation or surrender of appointment

67.100             DAMEs and DAOs — automatic suspension and cancellation after criminal conviction

67.105             DAMEs — automatic cancellation on ceasing to be medical practitioner

67.110             DAOs — automatic cancellation on ceasing to be medical practitioner or ophthalmologist

67.115             Suspension of declaration under subregulation 67.055 (1) or 67.075 (1)

67.120             Revocation of declarations

67.125             Obligation to report

67.130             Surrender of certificate of appointment

67.135             Return of certificate if appointment cancelled or surrendered

67.140             Indemnification of medical reporting

Subpart 67.C       Medical certificates

67.145             Kinds of medical certificate

67.150             Who meets medical standard 1

67.155             Who meets medical standard 2

67.160             Who meets medical standard 3

67.165             Directions about examinations for issue of medical certificates

67.170             Evidence of identity

67.175             Medical certificates — application

67.180             Medical certificates — issue and refusal

67.185             Notice of decision to refuse medical certificate

67.190             Reconsideration of decision to refuse medical certificate

67.195             Medical certificate — conditions

67.200             Conditions applicable to certain medical certificates — correcting lenses

67.205             Medical certificates — period in force

67.210             Medical certificates — application for extension of period in force

67.215             Medical certificates — extension of period in force by CASA

67.220             Medical certificates — extension of period in force by DAMEs

67.225             Medical certificates — new medical certificates issued by DAMEs

67.230             CASA may require medical examination of certificate holders

67.235             Suspension of medical certificates — pregnancy

67.240             Medical certificates — suspension pending examination

67.245             Suspension of medical certificates — special arrangements for service in urgent cases

67.250             Medical certificates — effect of suspension

67.255             Medical certificates — cancellation if medical standard not met

67.260             Medical certificates — cancellation and suspension in other cases


Subpart 67.D       Responsibilities of medical certificate holders

67.265             Obligation to tell CASA of changes in medical condition

67.270             Offence — doing act while efficiency impaired

67.275             Surrender of medical certificates

Subpart 67.A        General

67.005    Applicability

                This Part:

                (a)    provides for the appointment of appropriately qualified persons as DAMEs or DAOs and for the cancellation of such appointments; and

               (b)    sets out procedures under which CASA may make declarations that particular persons, or persons who hold or perform the duties of certain positions or offices, are to be taken to be DAMEs or DAOs; and

                (c)    sets out the medical standards for the issue of medical certificates; and

               (d)    provides for the issue and administrative control of medical certificates.

67.010    Definitions for this Part

         (1)   In this Part:

clinical psychologist means a person who:

                (a)    is registered or licensed as a clinical psychologist under a law of a State or Territory of Australia; or

               (b)    in the case of a psychologist practising as a clinical psychologist in a country other than Australia — has other qualifications in clinical psychology acceptable to CASA.

Designated Aviation Medical Examiner’s Handbook means the document called ‘Designated Aviation Medical Examiner’s Handbook’ published by CASA, as in force from time to time.

Note   The Designated Aviation Medical Examiner’s Handbook is available from CASA’s website at:

http://www.casa.gov.au/manuals/htm/dame/dame.htm.

medically significant condition includes:

                (a)    any of the following (no matter how minor):

                          (i)    any illness or injury;

                         (ii)    any bodily infirmity, defect or incapacity;

                        (iii)    any mental infirmity, defect or incapacity;

                        (iv)    any sequela of an illness, injury, infirmity, defect or incapacity mentioned in subparagraph (i), (ii) or (iii); and

               (b)    any abnormal psychological state; and

                (c)    drug addiction and drug dependence; and

               (d)    for a woman — pregnancy and the physiological and psychological consequences of pregnancy or of termination of pregnancy.

medical practitioner means a person entitled to practise as a medical practitioner under a law of a State or Territory or under a law of a Contracting State.

medical standard 1 means the standard set out in table 67.150.

medical standard 2 means the standard set out in table 67.155.

medical standard 3 means the standard set out in table 67.160.

relevant examination means an examination or test of, or in relation to, a person for the purpose of finding out whether the person meets the relevant medical standard for the issue to him or her of a medical certificate.

relevant medical standard means:

                (a)    for a class 1 medical certificate — medical standard 1; and

               (b)    for a class 2 medical certificate — medical standard 2; and

                (c)    for a class 3 medical certificate — medical standard 3.

specialist medical practitioner means a medical practitioner who has:

                (a)    postgraduate qualifications in a recognised medical specialty entitling him or her to be recognised as a specialist medical practitioner by Medicare Australia or by the public hospital service or public health service of a State or Territory of Australia; or

               (b)    in the case of a medical practitioner practising in a country other than Australia — other postgraduate qualifications in the specialty acceptable to CASA.

specialist psychiatrist means a medical practitioner who has:

                (a)    postgraduate qualifications in psychiatry entitling him or her to be recognised as a specialist psychiatrist by Medicare Australia or by the public hospital service or public health service of a State or Territory of Australia; or

               (b)    in the case of a psychiatrist practising in a country other than Australia — other postgraduate qualifications in psychiatry acceptable to CASA.

         (2)   In this Part, a mention of a medically significant condition (other than pregnancy, a consequence of pregnancy or the termination of a pregnancy) includes both such a condition that is congenital and one that is the result of injury or illness.

67.015    Meaning of safety‑relevant

                For the purposes of this Part, a medically significant condition is safety‑relevant if it reduces, or is likely to reduce, the ability of someone who has it to exercise a privilege conferred or to be conferred, or perform a duty imposed or to be imposed, by a licence that he or she holds or has applied for.

67.020    Extended meaning of convicted of an offence

         (1)   In this Part, convicted of an offence has, in addition to its ordinary meaning, the meaning set out in subregulation (2).

         (2)   For this Part, a person is taken to have been convicted of an offence if:

                (a)    he or she is found guilty of the offence but is discharged without a conviction being recorded; or

               (b)    with his or her consent, the offence is taken into account in sentencing him or her for another offence.

Subpart 67.B        Designated aviation medical examiners and designated aviation ophthalmologists

67.025    Application for appointment as DAME or DAO

         (1)   A medical practitioner may apply to CASA for appointment as a DAME or DAO for the purposes of this Part.

         (2)   An application must be in the approved form and must be accompanied by copies of the following documents:

                (a)    the certificate of the applicant’s registration as a medical practitioner in the State or Territory of Australia, or the Contracting State, in which he or she proposes to function as a DAME or DAO;

               (b)    if the applicant is applying for appointment as a DAME — either:

                          (i)    a certificate as to his or her successful completion of a course in aviation medicine approved by CASA; or

                         (ii)    documents that are evidence of his or her demonstrated competence in aviation medicine;

                (c)    if the applicant is applying for appointment as a DAO — documents that are evidence that:

                          (i)    he or she is a Fellow of the Royal Australian
College of Ophthalmologists or has postgraduate qualifications in ophthalmology entitling him or her to be recognised as an ophthalmologist by Medicare Australia or by the public hospital service or public health service of a State or Territory of Australia; or

                         (ii)    if the applicant is practising in a country other
than Australia — he or she has postgraduate qualifications in ophthalmology that are acceptable to CASA.

Note   The documents ‘Conditions of Appointment for DAMEs’ and ‘Conditions of Appointment for DAOs’ (part of the application form for an appointment as a DAME or DAO) are available from CASA’s website at:

http://www.casa.gov.au/manuals/regulate/dame/form755.pdf.

         (3)   If the applicant has previously been appointed as a DAME or DAO, and the previous appointment was cancelled, the applicant must include with the application any available evidence to show that the applicant could now properly exercise the powers or perform the functions of the appointment sought.

67.030    More information for application

         (1)   If CASA needs more information or another document to allow it to consider an application for appointment as a DAME or DAO, CASA may by written notice ask the applicant to give to it the information, document or copy of the document, specified in the notice.

         (2)   The notice must include a statement to the effect that the application will be taken to be withdrawn if the information or document is not given to CASA within 1 month or any further time allowed by CASA under paragraph (3) (b).

         (3)   The applicant must give to CASA the information or document:

                (a)    within 1 month after the date of the notice; or

               (b)    if the applicant asks CASA for an extension of time before the end of the month and CASA extends the time within which the applicant must give the information — before the end of the extended period.

         (4)   If the applicant does not comply with subregulation (3), the application is taken to be withdrawn by the applicant.

         (5)   If an applicant for appointment as a DAME or DAO is designated in a Contracting State as a medical examiner for subclause 1.2.2.4 of Annex 1, Personnel Licensing, to the Chicago Convention, CASA need not consider the application unless the applicant authorises the authority of the Contracting State that designated the applicant under that subclause to disclose to CASA information about the applicant’s performance and competence as a medical examiner.

67.035    Continuation of appointment until application decided

         (1)   This regulation applies in relation to an appointment of a DAME or DAO that is granted by CASA for a specified period (the old appointment) if:

                (a)    at least 1 month before the time when the old appointment would, but for this regulation cease, its holder applies to CASA under this Subpart for a new appointment that authorises the holder to exercise the same powers or perform the same functions as the old appointment; and

               (b)    at the time when the old appointment would, but for this regulation cease, CASA has not made a decision on the application.

         (2)   Despite anything else in these Regulations, but subject to subregulations (3) and (4), the old appointment continues in force until CASA makes a decision on the application.

         (3)   If CASA asks for information or a document under subregulation 67.030 (1) and the holder does not provide the information or document within the period mentioned in paragraph 67.030 (3) (a) or any further period allowed by CASA under paragraph 67.030 (3) (b), the old appointment is taken to cease at the end of that period.

         (4)   If subregulation 67.030 (5) applies to the holder and the holder has not authorised the authority of the Contracting State concerned to disclose to CASA information about the holder’s performance and competence as a medical examiner within 1 month after the date of the application, the old appointment is taken to cease at the end of that period.

67.040    When decision must be made

         (1)   Subject to this regulation, if CASA does not make a decision about an application for appointment as a DAME or DAO within 3 months after receiving it, CASA is taken to have refused the application.

         (2)   If CASA asks for information or a document under subregulation 67.030 (1), the time between when CASA asks for the information or document, and when the applicant gives CASA the information or document, does not count towards the period.

         (3)   If subregulation 67.030 (5) applies to the applicant, any time between when the applicant submits the application to CASA and when the applicant authorises the authority of the Contracting State concerned to disclose to CASA information about the applicant’s performance and competence as a medical examiner, does not count towards the period.

67.045    Appointment of DAMEs

         (1)   Subject to this regulation, if a medical practitioner has applied for appointment as a DAME in accordance with this Subpart, CASA must appoint the practitioner as a DAME if:

                (a)    the practitioner is registered in the State or Territory of Australia, or registered or licensed in the Contracting State, in which he or she proposes to function as a DAME; and

               (b)    either he or she:

                          (i)    has received training acceptable to CASA in aviation medicine; or

                         (ii)    has demonstrated competence in aviation medicine; and

                (c)    appointing the practitioner would not be likely to have an adverse effect on the safety of air navigation.

Note   The courses of training generally acceptable are set out in the Designated Aviation Medical Examiner’s Handbook, available on CASA’s website at:

http://www.casa.gov.au/manuals/htm/dame/dame.htm.

         (2)   An appointment must be in writing.

         (3)   If CASA limits in any way the number of appointments that may be made, CASA may refuse to make the appointment if the limit will be exceeded if the appointment is made.

         (4)   In deciding whether an appointment would be likely to have an adverse effect on the safety of air navigation, CASA may take into account:

                (a)    the practitioner’s record of compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety; and

               (b)    the practitioner’s experience (if any) in aviation; and

                (c)    the practitioner’s knowledge of the regulatory requirements applicable to civil aviation in Australia; and

               (d)    the practitioner’s history, if any, of serious behavioural problems; and

                (e)    any evidence held by CASA that the practitioner has contravened:

                          (i)    the Act or these Regulations; or

                         (ii)    a law of another country relating to aviation safety; or

                        (iii)    another law (of Australia or of another country) relating to transport safety.

         (5)   In deciding whether to appoint a medical practitioner who has previously been appointed as a DAME and whose previous appointment was cancelled, CASA must take into account:

                (a)    the fact of the cancellation; and

               (b)    the reasons for the cancellation given at the time of the cancellation; and

                (c)    any evidence that the practitioner submits about his or her capacity to exercise the powers or carry out the functions that would be conferred by the appointment, if it were made.

         (6)   However, in making a decision in relation to a medical practitioner referred to in subregulation (5), CASA is not obliged to reconsider, or inquire into the circumstances of, the cancellation.

         (7)   If CASA refuses to appoint a medical practitioner as a DAME, it must tell the practitioner, in writing, of the refusal, and of the reasons for not appointing the practitioner.

Note   A refusal is reviewable by the Administrative Appeals Tribunal — see regulation 67.141.

67.050    DAMEs — duration of appointment

                An appointment of a person as a DAME remains in force:

                (a)    unless it is cancelled or surrendered; or

               (b)    if a period (which must not be less than 4 weeks) is specified in the certificate issued to the DAME under regulation 67.085 — until the end of that period unless sooner cancelled or surrendered.

67.055    DAMEs — declaration about holders of position

         (1)   CASA may declare, in writing, that the person holding or occupying a particular office or position from time to time, or performing the duties of a particular office or position from time to time, is, subject to subregulation (3), taken to be a DAME.

         (2)   CASA may also declare, in writing, that a medical practitioner specified in the declaration is, for the purposes of doing a particular act or thing specified in the declaration, taken to be a DAME.

         (3)   A declaration under subregulation (1) has no effect in relation to a person occupying or performing the duties of an office or position if the person is not a medical practitioner.

         (4)   Subject to subregulation (5), a declaration under subregulation (1) remains in force:

                (a)    unless it is revoked; or

               (b)    if a period (which must not be less than 4 weeks) is specified in the declaration — until the end of that period unless it is sooner revoked.

         (5)   A declaration under subregulation (1) is not in force while it is suspended.

67.060    DAMEs — conditions

         (1)   The appointment of a DAME is subject to the following conditions:

                (a)    that he or she complies with any requirement of the Designated Aviation Medical Examiner’s Handbook that is applicable to him or her;

               (b)    that he or she observes the Code of Ethics of the Australian Medical Association, as that Code is in effect from time to time;

                (c)    that he or she undertakes continuing training in aviation medicine according to a course or system specified, or referred to, on the CASA website or otherwise approved by CASA;

               (d)    that, if he or she is convicted of an offence punishable by imprisonment for 12 months or longer (whether or not such a sentence is actually imposed), he or she tells CASA of the conviction in writing as soon as practicable.

Note   For the extended meaning of convicted of an offence, see regulation 67.020.

         (2)   A declaration under subregulation 67.055 (1) is subject to the conditions that a person occupying, or performing the duties of, the office or position to which the declaration relates:

                (a)    observes, while he or she is acting as a DAME, the Code of Ethics of the Australian Medical Association, as that Code is in effect from time to time; and

               (b)    if he or she is convicted of an offence punishable by imprisonment for 12 months or longer (whether or not such a sentence is actually imposed), tells CASA of the conviction in writing as soon as practicable.

         (3)   A declaration under subregulation 67.055 (2) is subject to the condition that the person specified in the declaration observes, while he or she is acting as a DAME, the Code of Ethics of the Australian Medical Association, as that Code is in effect from time to time.

         (4)   CASA may impose a condition, restriction or limitation:

                (a)    on an appointment of a DAME in addition to the conditions to which the appointment is subject under subregulation (1); or

               (b)    on a declaration under regulation 67.055 in addition to the conditions to which the declaration is subject under subregulation (2) or (3).

         (5)   A condition, restriction or limitation on an appointment of a DAME that is imposed under paragraph (4) (a) must be set out in the certificate issued to the DAME under regulation 67.085.

         (6)   A condition, restriction or limitation on a declaration that is imposed under paragraph (4) (b) must be set out in the declaration.

67.065    Appointment of DAOs

         (1)   Subject to this regulation, if a medical practitioner has applied for appointment as a DAO in accordance with this Subpart, CASA must appoint the practitioner as a DAO if:

                (a)    the practitioner has the qualifications set out in subregulation (4); and

               (b)    making the appointment would not be likely to have an adverse effect on the safety of air navigation.

         (2)   An appointment must be in writing.

         (3)   If CASA limits in any way the number of appointments that may be made, CASA may refuse to make the appointment if the limit will be exceeded if the appointment is made.

         (4)   The qualifications are:

                (a)    in the case of a practitioner who is an ophthalmologist practising in Australia — being a Fellow of the Royal Australian College of Ophthalmologists or otherwise having postgraduate qualifications in ophthalmology entitling him or her to be recognised as an ophthalmologist by Medicare Australia or by the public hospital service or public health service of a State or Territory of Australia; and

               (b)    in the case of a practitioner who is an ophthalmologist practising in a country other than Australia — having postgraduate qualifications in ophthalmology that are acceptable to CASA.

         (5)   In deciding whether an appointment would be likely to have an adverse effect on the safety of air navigation, CASA may take into account:

                (a)    the practitioner’s record of compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety; and

               (b)    the practitioner’s experience (if any) in aviation; and

                (c)    the practitioner’s knowledge of the regulatory requirements applicable to civil aviation in Australia; and

               (d)    the practitioner’s history, if any, of serious behavioural problems; and

                (e)    any evidence held by CASA that the practitioner has contravened:

                          (i)    the Act or these Regulations; or

                         (ii)    a law of another country relating to aviation safety; or

                        (iii)    another law (of Australia or of another country) relating to transport safety.

         (6)   In deciding whether to appoint a medical practitioner who has previously been appointed as a DAO and whose previous appointment was cancelled, CASA must take into account:

                (a)    the fact of the cancellation; and

               (b)    the reasons for the cancellation given at the time of the cancellation; and

                (c)    any evidence that the practitioner submits about his or her capacity to exercise the powers or carry out the functions that would be conferred by the appointment, if it were made.

         (7)   However, in making a decision in relation to a medical practitioner referred to in subregulation (6), CASA is not obliged to reconsider, or inquire into the circumstances of, the cancellation.

         (8)   If CASA refuses to appoint a medical practitioner as a DAO, it must tell the practitioner, in writing, of the refusal, and of the reasons for not appointing the practitioner.

Note   A refusal is reviewable by the Administrative Appeals Tribunal — see regulation 67.141.

67.070    DAOs — duration of appointment

                An appointment of a person as a DAO remains in force:

                (a)    unless it is cancelled or surrendered; or

               (b)    if a period (which must not be less than 4 weeks) is specified in the certificate issued to the DAO under regulation 67.085 — until the end of that period unless sooner cancelled or surrendered.

67.075    DAOs — declaration about holders of position

         (1)   CASA may declare, in writing, that the person holding or occupying a particular office or position from time to time, or performing the duties of a particular office or position from time to time, is, subject to subregulation (3), taken to be a DAO.

         (2)   CASA may also declare, in writing, that a qualified person specified in the declaration is, for the purposes of doing a particular act or thing specified in the declaration, taken to be a DAO.

         (3)   A declaration under subregulation (1) has no effect in relation to a person occupying, or performing the duties of, an office or position if:

                (a)    the person is not a Fellow of the Royal Australian College of Ophthalmologists, or does not have postgraduate qualifications in ophthalmology entitling him or her to be recognised as an ophthalmologist by Medicare Australia or by the public hospital service or public health service of a State or Territory of Australia; or

               (b)    in the case of an ophthalmologist practising in a country other than Australia — the person does not have postgraduate qualifications in ophthalmology that are acceptable to CASA.

         (4)   Subject to subregulation (5), a declaration under subregulation (1) remains in force:

                (a)    unless it is revoked; or

               (b)    if a period (which must not be less than 4 weeks) is specified in the declaration — until the end of that period unless it is sooner revoked.

         (5)   A declaration under subregulation (1) is not in force while it is suspended.

         (6)   In this regulation:

qualified person means a person who is a medical practitioner having the qualifications referred to in paragraph 67.065 (4) (a) or (b).

67.080    DAOs — conditions

         (1)   The appointment of a DAO is subject to the following conditions:

                (a)    that he or she observes the Code of Ethics of the Australian Medical Association, as that Code is in effect from time to time;

               (b)    that he or she undertakes continuing training in ophthalmology according to courses or systems acceptable to CASA;

                (c)    that, if he or she is convicted of an offence punishable by imprisonment for 12 months or longer (whether or not such a sentence is actually imposed), he or she tells CASA of the conviction in writing as soon as practicable.

Note   For the extended meaning of convicted of an offence, see regulation 67.020.

         (2)   A DAO who is a Fellow of the Royal Australian College of Ophthalmologists, and undertakes continuing education in ophthalmology according to the requirements of the College, is taken to satisfy the requirement in paragraph (1) (b) as to continuing training in ophthalmology.

         (3)   A declaration under subregulation 67.075 (1) is subject to the conditions that a person occupying, or performing the duties of, the office or position to which the declaration relates:

                (a)    observes, while he or she is acting as a DAO, the Code of Ethics of the Australian Medical Association, as that Code is in effect from time to time; and

               (b)    if he or she is convicted of an offence punishable by imprisonment for 12 months or longer (whether or not such a sentence is actually imposed), tells CASA of the conviction in writing as soon as practicable.

Note   For the extended meaning of convicted of an offence, see regulation 67.020.

         (4)   A declaration under subregulation 67.075 (2) is subject to the condition that the person specified in the declaration observes, while he or she is acting as a DAO, the Code of Ethics of the Australian Medical Association, as that Code is in effect from time to time.

         (5)   CASA may impose a condition, restriction or limitation:

                (a)    on an appointment of a DAO in addition to the conditions to which the appointment is subject under subregulation (1); or

               (b)    on a declaration under regulation 67.075 in addition to the conditions to which the declaration is subject under subregulation (3) or (4).

         (6)   A condition, restriction or limitation on an appointment of a DAO that is imposed under paragraph (5) (a) must be set out in the certificate issued to the DAO under regulation 67.085.

         (7)   A condition, restriction or limitation on a declaration that is imposed under paragraph (5) (b) must be set out in the declaration.

67.085    Certificate of appointment

         (1)   If CASA appoints a medical practitioner as a DAME under regulation 67.045 or as a DAO under regulation 67.065, it must issue to the practitioner a certificate setting out:

                (a)    what the appointment is; and

               (b)    the practitioner’s name and business address; and

                (c)    any expiry date of the appointment (if not sooner cancelled or surrendered); and

               (d)    any conditions, restrictions or limitations of the appointment imposed under paragraph 67.060 (4) (a) or 67.080 (5) (a); and

                (e)    any other information CASA thinks should be included.

         (2)   CASA may issue a replacement certificate in place of one that contains anything that is not, or is no longer, correct or has been lost or destroyed.

67.090    Release of information about performance of DAMEs or DAOs

         (1)   CASA may disclose, to an authority referred to in subregulation (3), information about the performance and competence as a medical examiner of a person who:

                (a)    is a DAME or a DAO; or

               (b)    is performing or has performed the duties of a position referred to in a declaration under subregulation 67.055 (1) or 67.075 (1).

         (2)   Despite subregulation (1), CASA may only disclose to the authority the information if CASA has taken all reasonable steps to ensure that that authority has given appropriate undertakings:

                (a)    for protecting the confidentiality of the information; and

               (b)    for ensuring that it is used only for the purpose of assessing the performance and competence of the person as a medical examiner.

         (3)   The authority is the authority of a Contracting State that designates medical examiners for that State for subclause 1.2.2.4 of Annex 1, Personnel Licensing, to the Chicago Convention, being an authority:

                (a)    that has designated the person for that subclause; or

               (b)    to which the person has applied to be so designated.

Note   Medical practitioners who apply to CASA for appointment as DAMEs or DAOs and persons occupying, or performing the duties of, an office or position to which a declaration under subregulation 67.055 (1) or 67.075 (1) relates are notified by CASA about the effect of regulation 67.090.

67.095    DAMEs and DAOs — cancellation or surrender of appointment

         (1)   CASA may cancel a person’s appointment as a DAME or DAO if there are reasonable grounds for believing that the person:

                (a)    has contravened a condition to which his or her appointment is subject; or

               (b)    has contravened regulation 67.125 or subregulation 67.170 (1); or

                (c)    does not meet, or does not continue to meet, a requirement of, or imposed under, this Subpart for getting or holding the appointment.

         (2)   Before cancelling the appointment of a person as a DAME or DAO under subregulation (1), CASA:

                (a)    must give to the person a show cause notice that:

                          (i)    sets out the matters that might constitute grounds for cancellation; and

                         (ii)    invites the person, within a reasonable time stated in the notice, to make representations explaining why his or her appointment should not be cancelled; and

               (b)    must take into account any written representations that the person makes within the period stated in the notice.

         (3)   If CASA cancels the appointment of a person as a DAME or DAO under subregulation (1), CASA must give the person written notice of the cancellation, setting out the grounds for the cancellation.

Note   A decision by CASA to cancel a DAME’s or DAO’s appointment is reviewable by the Administrative Appeals Tribunal — see regulation 67.141.

         (4)   A DAME or DAO may, by written notice to CASA, surrender his or her appointment.

         (5)   If a DAME or DAO surrenders his or her appointment under subregulation (4), the appointment stops having effect on the day when the notice of surrender is given to CASA, or if a later day is specified in the notice, on the later day.

67.100    DAMEs and DAOs — automatic suspension and cancellation after criminal conviction

         (1)   This regulation applies to a person appointed as a DAME or DAO who is convicted of an offence punishable by imprisonment for 12 months or longer (whether or not such a sentence is actually imposed).

Note 1   For the extended meaning of convicted of an offence, see regulation 67.020.

Note 2   This regulation operates subject to the provisions of Part VIIC of the Crimes Act 1914.

         (2)   The person’s appointment is taken to be suspended at the time of the conviction.

         (3)   The person’s appointment is taken to be cancelled:

                (a)    if he or she appeals against the conviction and the appeal is dismissed — at the time the appeal is dismissed; or

               (b)    if he or she does not appeal against the conviction — on the last day for lodging such an appeal.

67.105    DAMEs — automatic cancellation on ceasing to be medical practitioner

         (1)   Subject to subregulation (2), this regulation applies to a person appointed as a DAME who ceases to be a medical practitioner.

         (2)   This regulation does not apply to a person who is registered or licensed as a medical practitioner in a country other than Australia, and registered as a medical practitioner in a State or Territory of Australia, if he or she ceases to be registered or licensed as a medical practitioner in the other country.

         (3)   The person’s appointment is taken to be cancelled at the time he or she ceases to be registered or licensed as a medical practitioner.

67.110    DAOs — automatic cancellation on ceasing to be medical practitioner or ophthalmologist

         (1)   Subject to subregulation (2), this regulation applies to a person appointed as a DAO who ceases to be a medical practitioner or specialist ophthalmologist.

         (2)   This regulation does not apply to a person who is registered or licensed as a medical practitioner in a country other than Australia and registered as a medical practitioner in a State or Territory of Australia if he or she ceases to be registered or licensed as a medical practitioner in the other country.

         (3)   The person’s appointment is taken to be cancelled:

                (a)    at the time he or she ceases to be a specialist ophthalmologist; or

               (b)    if he or she ceases to be registered or licensed as a medical practitioner — at the time he or she so ceases.

67.115    Suspension of declaration under subregulation 67.055 (1) or 67.075 (1)

         (1)   If the occupant or holder of an office or position specified in a declaration made under subregulation 67.055 (1) or 67.075 (1):

                (a)    is convicted of an offence punishable by imprisonment for 12 months or longer (whether or not such a sentence is actually imposed); or

               (b)    fails to comply with a condition of the declaration;

CASA may direct, by written notice to the body or organisation of which the office or position forms part, that the declaration is taken not to have effect while that person holds or performs the duties of the office or position.

Note   For the extended meaning of convicted of an offence, see regulation 67.020.

         (2)   Before giving such a direction for the reason mentioned in paragraph (1) (b), CASA must give to the organisation:

                (a)    written notice of the matters that might constitute grounds for the suspension of the declaration; and

               (b)    a reasonable opportunity to make representations explaining why the declaration should not be suspended.

         (3)   If CASA suspends the declaration for the reason mentioned in paragraph (1) (b), the notice of suspension must set out the grounds for the suspension.

67.120    Revocation of declarations

         (1)   CASA may revoke a declaration made under subregulation 67.055 (1) or 67.075 (2) in respect of a particular office or position by written notice to the body or organisation of which the office or position forms part if there are reasonable grounds for believing that:

                (a)    a fact or circumstance exists that, had it existed and been known to CASA at the time the declaration was made, is likely to have resulted in the declaration not being made; or

               (b)    continuing the particular office or position to be declared would be likely to have an adverse effect on the safety of air navigation.

         (2)   Before revoking a declaration made under subregulation 67.055 (1) or 67.075 (2) in respect of a particular office or position, CASA must give to the body or organisation of which the office forms part:

                (a)    written notice of the matters that might constitute grounds for the revocation of the declaration; and

               (b)    a reasonable opportunity to make representations explaining why the declaration should not be revoked.

         (3)   Despite anything else in this Part, CASA must revoke a declaration made under subregulation 67.055 (1) or 67.075 (1) if the organisation or body of which the office or position specified in it forms part asks CASA in writing to revoke the declaration.

67.125    Obligation to report

                If the holder of a medical certificate tells a DAME or DAO about a medical condition that is safety‑relevant, the DAME or DAO must inform CASA of the condition within 5 working days.

67.130    Surrender of certificate of appointment

         (1)   CASA may require, by written notice, a DAME or DAO to surrender any certificate or replacement certificate issued to the person under regulation 67.085 within a reasonable time specified in the notice.

         (2)   The DAME or DAO must comply with the requirement.

Penalty:   5 penalty units.

         (3)   A person who fails to comply with subregulation (2) is guilty of an offence in respect of each day during which the person refuses or fails to comply with the requirement, including the day of any conviction for such an offence.

         (4)   A person must not destroy, mutilate or deface a certificate
that he or she is required to surrender to CASA under subregulation (1) with intent to evade the obligation to comply with the requirement.

Penalty:   10 penalty units.

67.135    Return of certificate if appointment cancelled or surrendered

         (1)   A person who ceases to be a DAME or DAO must return any certificate or replacement certificate issued to the person under regulation 67.085 within 14 days after ceasing to be a DAME or DAO.

Penalty:   1 penalty unit.

         (2)   Subregulation (1) does not prevent CASA from returning the certificate or replacement certificate to the person if CASA first defaces it.

67.140    Indemnification of medical reporting

         (1)   In this regulation:

indemnified act means any of the following acts:

                (a)    advising CASA that a person does not meet a relevant medical standard;

               (b)    expressing to CASA, whether in writing or otherwise, an opinion that a person whom the practitioner has examined or treated may not be competent or medically fit to undertake a duty or exercise a privilege under a licence that the person holds or has applied for, because of:

                          (i)    illness or bodily or mental infirmity, defect or incapacity suffered by the person; or

                         (ii)    the effect on the person of treatment for any illness, infirmity, defect or incapacity;

                (c)    stating to CASA, whether in writing or otherwise:

                          (i)    the nature of a person’s illness, infirmity, defect or incapacity; or

                         (ii)    the effect on a person of treatment for any illness, infirmity, defect or incapacity.

         (2)   A DAME or DAO is not subject to any civil or criminal liability for doing an indemnified act in good faith in the course of carrying out his or her functions under this Part.

         (3)   A person to whom, or an organisation to which, subregulation (4) applies is not subject to any civil or criminal liability for doing an indemnified act in good faith in the course of answering any question put to the person or organisation by CASA:

                (a)    that concerns a person who has applied for, or holds, a medical certificate; and

               (b)    that is relevant to any action CASA may take under this Part.

         (4)   This subregulation applies to:

                (a)    a medical practitioner; and

               (b)    a specialist psychiatrist or clinical psychologist; and

                (c)    a person, organisation, body or authority referred to in paragraph 67.180 (6) (b), (c), (d) or (e) or 67.225 (6) (b), (c), (d) or (e); and

               (d)    a person, organisation, body or authority acting on behalf of a person, organisation, body or authority referred to in paragraph (c).

Subpart 67.C        Medical certificates

67.145    Kinds of medical certificate

                There are 3 classes of medical certificate, as follows:

                (a)    class 1 medical certificate;

               (b)    class 2 medical certificate;

                (c)    class 3 medical certificate.

67.150    Who meets medical standard 1

         (1)   Subject to subregulations (2) to (7), a person who satisfies the criteria in table 67.150 meets medical standard 1.

         (2)   A person may use contact lenses to meet the criterion in item 1.35 of table 67.150 if the lenses are monofocal and not tinted, and are well tolerated.

         (3)   A person whose visual acuity in either eye is worse than 6/60 must provide a full ophthalmic report to CASA.

         (4)   A person who has undergone surgery affecting the refractive status of either eye is taken not to meet the criterion in item 1.35 of table 67.150 until he or she is free of safety‑relevant sequelae of the surgery.

         (5)   A person who requires both near correction and distant correction to meet the criteria in items 1.35 and 1.36 of table 67.150 must demonstrate that 1 pair of spectacles is sufficient to meet both requirements for correction.

         (6)   A person must demonstrate that he or she meets the criterion in item 1.39 of table 67.150 by:

                (a)    in daylight, or artificial light of similar luminosity, readily identifying a series of pseudo‑isochromatic plates of the Ishihara 24‑plate type, making no more than 2 errors; or

               (b)    for somebody who makes more than 2 errors in a test mentioned in paragraph (a), readily identifying aviation coloured lights displayed by means of a Farnsworth colour‑perception lantern, making:

                          (i)    no errors on 1 run of 9 pairs of lights; or

                         (ii)    no more than 2 errors on a sequence of 2 runs of 9 pairs of lights; or

                (c)    for somebody who does not satisfy paragraph (a) or (b), correctly identifying all relevant coloured lights in a test, determined by CASA, that simulates an operational situation.

         (7)   If a change is made to a criterion in an item of table 67.150, a person who held a class 1 medical certificate and satisfied the criterion immediately before the change, but fails to satisfy the criterion as changed, is taken to satisfy the criterion for 2 years after the day when the change is made.

Note   Under Annex 1, Personnel Licensing, to the Chicago Convention, medical standard 1 applies to holders of, or applicants for, licences of the following kinds:

·      commercial pilot licence (aeroplane or helicopter)

·      airline transport pilot licence (aeroplane or helicopter)

·      flight navigator

·      flight engineer.

 

Table 67.150    Criteria for medical standard 1

Item

Criterion

Abnormalities, disabilities and functional capacity

1.1

Has no safety‑relevant condition of any of the following kinds that produces any degree of functional incapacity or a risk of incapacitation:

   (a)  an abnormality;

  (b)  a disability or disease (active or latent);

   (c)  an injury;

  (d)  a sequela of an accident or a surgical operation

1.2

Has no physical conditions or limitations that are safety‑relevant

1.3

Is not using any over‑the‑counter or prescribed medication or drug (including medication or a drug used to treat a disease or medical disorder) that causes the person to experience any side effects likely to affect the person to an extent that is safety‑relevant

Mental fitness

1.4

Has no established medical history or clinical diagnosis of any of the following conditions, to an extent that is safety‑relevant:

   (a)  psychosis;

  (b)  significant personality disorder;

   (c)  significant mental abnormality or neurosis

1.5

Does not engage in any problematic use of substances (within the meaning given by section 1.1 of Annex 1, Personnel Licensing, to the Chicago Convention)

1.6

If there is any personal history of problematic use of a substance (within the meaning given by section 1.1 of Annex 1, Personnel Licensing, to the Chicago Convention):

   (a)  the person’s abstinence from problematic use of the substance is certified by an appropriate specialist medical practitioner; and

  (b)  the person is not suffering from any safety‑relevant sequelae resulting from the person’s use of the substance; and

 

   (c)  the person provides evidence that the person is undertaking, or has successfully completed, an appropriate course of therapy

Note   In Annex 1, Personnel Licensing, to the Chicago Convention, ‘Problematic use of substances’ is defined as follows:

‘The use of one or more psychoactive substances by aviation personnel in a way that:

a)      constitutes a direct hazard to the user or endangers the lives, health or welfare of others; and/or

b)      causes or worsens an occupational, social, mental or physical problem or disorder.’.

‘Psychoactive substances’ is there defined as ‘Alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded.’.

Nervous system

1.7

Has no established medical history or clinical diagnosis of:

   (a)  a safety‑relevant disease of the nervous system; or

  (b)  epilepsy; or

   (c)  a disturbance of consciousness for which there is no satisfactory medical explanation and which may recur

1.8

Is not suffering from safety‑relevant effects of a head injury or neurosurgical procedure

Cardiovascular system

1.9

Has no safety‑relevant heart abnormality

1.10

Systolic and diastolic blood pressures are within limits specified by CASA from time to time in the Designated Aviation Medical Examiner’s Handbook (even if approved drugs are used to maintain the blood pressure within those limits)

1.11

Has no significant functional or structural abnormality of the circulatory tree

Respiratory system

1.12

Is not suffering from a safety‑relevant condition of the respiratory system

1.13

Has full and free respiratory function without the use of drugs (other than drugs approved by CASA for this item) that act on the respiratory organs

Alimentary system and metabolic disorders

1.14

Is not suffering from any safety‑relevant defect of the digestive system or its adnexae, nor from any safety‑relevant effect of disease or trauma of, or an operation on, the digestive system or its adnexae

1.15

Is not suffering from any safety‑relevant metabolic, nutritional or endocrine disorders

1.16

If suffering from diabetes mellitus — the diabetes is satisfactorily controlled without the use of any anti‑diabetic drug

Reticulo‑endothelial system

1.17

Is not suffering from an enlargement of the spleen that causes a significant displacement below the costal margin

1.18

Is not suffering from a safety‑relevant condition of any of the following kinds:

   (a)  localised or generalised enlargement of the lymphatic nodes;

  (b)  a disease of the blood;

   (c)  an immune deficiency disorder

Genito‑urinary system

1.19

Is not suffering from any safety‑relevant disease of the genito‑urinary system

1.20

Has no safety‑relevant sequelae of disease or surgical procedures on the kidneys or urinary tract

1.21

Kidneys and urinary tract are free of significant obstructions

1.22

If there is any personal history of syphilis — provides evidence that adequate treatment has been completed and that there are no safety‑relevant sequelae of the infection

Gynaecological and obstetrical

1.23

Does not suffer from safety‑relevant menstrual disturbances

1.24

If pregnant — the pregnancy is not likely to interfere with the safe exercise of privileges, or performance of duties, under the licence held or applied for

Note   See regulation 67.235 regarding the periods during which a pregnant woman must not exercise the privileges of a licence.

Skeletal system

1.25

Is not suffering from safety‑relevant active disease of the bones, joints, muscles or tendons

1.26

Is not suffering from safety‑relevant functional sequelae of medically significant conditions of the bones, joints, muscles or tendons

Ear, nose and throat

1.27

Is not suffering from:

   (a)  active pathological processes of the internal ear or of the middle ear; or

  (b)  permanent obstructions of the Eustachian tubes; or

   (c)  permanent disturbances of the vestibular apparatus

1.28

Has no safety‑relevant condition of the buccal cavity or the upper respiratory tract

Hearing requirements

1.29

Is not suffering from any safety‑relevant hearing defect

1.30

If suffering from a hearing loss (measured in a quiet room using a properly calibrated, compensated audiometer) in either ear of more than:

   (a)  35 dB at any of the frequencies of 500 Hz, 1 000 Hz or 2 000 Hz; or

  (b)  50 dB at 3 000 Hz —

passes a speech discrimination test, or an operational check, carried out by an approved person in an aircraft of similar ambient noise level to that in which the person being tested is or will be operationally involved

Visual requirements

1.31

Eyes and their adnexae function normally

1.32

Is not suffering from any safety‑relevant pathological condition (either acute or chronic), nor any sequelae of surgery or trauma

1.33

Has normal fields of vision

1.34

Has normal binocular vision

1.35

Has a distant visual acuity of 6/9 or better in each eye separately and 6/6 or better binocular (with or without correcting lenses)

1.36

Can read (with or without correcting lenses) an N5 chart (or its equivalent) binocularly at a distance that he or she selects (in the range of 30 to 50 centimetres), and can read an N14 chart binocularly (with or without correcting lenses) at a distance of 1 metre

Note   A person who needs correcting lenses to meet this criterion must have the appropriate lenses available while carrying out duties under a relevant licence — see regulation 67.200.

1.37

Has a near point of accommodation no further away than 30 centimetres (with or without correcting lenses)

1.38

If using contact lenses to meet the visual standards set out in items 1.31 to 1.37:

   (a)  is able to wear those lenses for twice the projected length of flight time or duty time for the person without deterioration in visual acuity or discomfort; and

  (b)  if the lenses are of the hard or gas‑permeable variety, demonstrates the ability, immediately after removing the lenses, to read at least 6/9 with spectacles binocularly

Colour perception

1.39

Can readily distinguish the colours that need to be distinguished for the safe exercise of privileges, or performance of duties, under the relevant licence

Note   For how to demonstrate this, see subregulation 67.150 (6).

67.155    Who meets medical standard 2

         (1)   Subject to subregulations (2) to (7), a person who satisfies the criteria in table 67.155 meets medical standard 2.

         (2)   A person may use contact lenses to meet the criterion in item 2.35 of table 67.155 if the lenses are monofocal and not tinted, and are well tolerated.

         (3)   A person whose visual acuity in either eye is worse than 6/60 must provide a full ophthalmic report to CASA.

         (4)   A person who has undergone surgery affecting the refractive status of either eye is taken not to meet the criterion in item 2.35 of table 67.155 until he or she is free of safety‑relevant sequelae of the surgery.

         (5)   A person who requires both near correction and distant correction to meet the criteria in items 2.35 and 2.36 of table 67.155 must demonstrate that 1 pair of spectacles is sufficient to meet both requirements for correction.

         (6)   A person must demonstrate that he or she meets the criterion in item 2.39 of table 67.155 by:

                (a)    in daylight, or artificial light of similar luminosity, readily identifying a series of pseudo‑isochromatic plates of the Ishihara 24‑plate type, making no more than 2 errors; or

               (b)    for somebody who makes more than 2 errors in a test mentioned in paragraph (a), readily identifying aviation coloured lights displayed by means of a Farnsworth colour‑perception lantern, making:

                          (i)    no errors on 1 run of 9 pairs of lights; or

                         (ii)    no more than 2 errors on a sequence of 2 runs of 9 pairs of lights; or

                (c)    for somebody who does not satisfy paragraph (a) or (b), correctly identifying all relevant coloured lights in a test, determined by CASA, that simulates an operational situation.

         (7)   If a change is made to a criterion in an item of table 67.155, a person who held a class 2 medical certificate and satisfied the criterion immediately before the change, but fails to satisfy the criterion as changed, is taken to satisfy the criterion for 2 years after the day when the change is made.

Note   Under Annex 1, Personnel Licensing, to the Chicago Convention, medical standard 2 applies to holders of, or applicants for, licences of the following kinds:

·      private pilot licences (aeroplane or helicopter)

·      glider pilot licence

·      free balloon pilot licence.

 

Table 67.155    Criteria for medical standard 2

Item

Criterion

Abnormalities, disabilities and functional capacity

2.1

Has no safety‑relevant condition of any of the following kinds that produces any degree of functional incapacity or a risk of incapacitation:

   (a)  an abnormality;

  (b)  a disability or disease (active or latent);

   (c)  an injury;

  (d)  a sequela of an accident or a surgical operation

2.2

Has no physical conditions or limitations that are safety‑relevant

2.3

Is not using any over‑the‑counter or prescribed medication or drug (including medication or a drug used to treat a disease or medical disorder) that causes the person to experience any side effects likely to affect the person to an extent that is safety‑relevant

Mental fitness

2.4

Has no established medical history or clinical diagnosis of any of the following conditions, to an extent that is safety‑relevant:

   (a)  psychosis;

  (b)  significant personality disorder;

   (c)  significant mental abnormality or neurosis

2.5

Does not engage in any problematic use of substances (within the meaning given by section 1.1 of Annex 1, Personnel Licensing, to the Chicago Convention)

2.6

If there is any personal history of problematic use of a substance (within the meaning given by section 1.1 of Annex 1, Personnel Licensing, to the Chicago Convention):

   (a)  the person’s abstinence from problematic use of the substance is certified by an appropriate specialist medical practitioner; and

  (b)  the person is not suffering from any safety‑relevant sequelae resulting from the person’s use of the substance; and

 

   (c)  the person provides evidence that the person is undertaking, or has successfully completed, an appropriate course of therapy

Note   In Annex 1, Personnel Licensing, to the Chicago Convention, ‘Problematic use of substances’ is defined as follows:

‘The use of one or more psychoactive substances by aviation personnel in a way that:

a)      constitutes a direct hazard to the user or endangers the lives, health or welfare of others; and/or

b)      causes or worsens an occupational, social, mental or physical problem or disorder.’.

‘Psychoactive substances’ is there defined as ‘Alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded.’.

Nervous system

2.7

Has no established medical history or clinical diagnosis of:

   (a)  a safety‑relevant disease of the nervous system; or

  (b)  epilepsy; or

   (c)  a disturbance of consciousness for which there is no satisfactory medical explanation and which may recur

2.8

Is not suffering from safety‑relevant effects of a head injury or neurosurgical procedure

Cardiovascular system

2.9

Has no safety‑relevant heart abnormality

2.10

Systolic and diastolic blood pressures are within limits specified by CASA from time to time in the Designated Aviation Medical Examiner’s Handbook (even if approved drugs are used to maintain the blood pressure within those limits)

2.11

Has no significant functional or structural abnormality of the circulatory tree

Respiratory system

2.12

Is not suffering from a safety‑relevant condition of the respiratory system

Alimentary system and metabolic disorders

2.13

Is not suffering from a safety‑relevant defect of the digestive system or its adnexae, nor from any safety‑relevant effect of disease or trauma of, or an operation on, the digestive system or its adnexae

2.14

Is not suffering from safety‑relevant metabolic, nutritional or endocrine disorders

2.15

If suffering from diabetes mellitus:

   (a)  the condition is satisfactorily controlled without the use of any anti‑diabetic drug; or

  (b)  if an oral anti‑diabetic drug is used to control the condition:

         (i)   the condition is under on‑going medical supervision and control; and

        (ii)   the oral drug is approved by CASA

Reticulo‑endothelial system

2.16

Is not suffering from an enlargement of the spleen that causes a significant displacement below the costal margin

2.17

Is not suffering from a safety‑relevant condition of any of the following kinds:

   (a)  localised or generalised enlargement of the lymphatic nodes;

  (b)  a disease of the blood;

   (c)  an immune deficiency disorder

Genito‑urinary system

2.18

Is not suffering from any safety relevant disease of the genitor‑urinary system

2.19

Has no safety‑relevant sequelae of disease or surgical procedures on the kidneys or urinary tract

2.20

Kidneys and urinary tract are free of significant obstructions

2.21

If there is any personal history of syphilis — provides evidence that adequate treatment has been completed and that there are no safety‑relevant sequelae of the infection

Gynaecological and obstetrical

2.22

Does not suffer from safety‑relevant menstrual disturbances

2.23

If pregnant — the pregnancy is not likely to interfere with the safe exercise of privileges, or performance of duties, under the licence held or applied for

Note   See regulation 67.235 regarding the periods during which a pregnant woman must not exercise the privileges of a licence.

Skeletal system

2.24

Is not suffering from safety‑relevant active disease of the bones, joints, muscles or tendons

2.25

Is not suffering from safety‑relevant functional sequelae of medically significant conditions of the bones, joints, muscles or tendons

Ear, nose and throat

2.26

Is not suffering from:

   (a)  active pathological processes of the internal ear or of the middle ear; or

  (b)  permanent obstructions of the Eustachian tubes; or

   (c)  permanent disturbances of the vestibular apparatus

2.27

Has no safety‑relevant condition of the buccal cavity or the upper respiratory tract

Hearing

2.28

Is not suffering from any safety‑relevant hearing defect

2.29

With or without a hearing aid, is able to hear with both ears an average conversational voice in a quiet room while at a distance of 2 metres from the examiner, and looking away from the examiner

2.30

For somebody who fails to meet the standard in item 2.29, passes an operational check by an approved person in an aircraft having a similar ambient noise level to that in which the person is or will be operationally involved

Visual requirements

2.31

Eyes and their adnexae function normally

2.32

Is not suffering from any safety‑relevant pathological condition (either acute or chronic), nor any sequelae of surgery or trauma

2.33

Has normal fields of vision

2.34

Has normal binocular vision

2.35

Has a distant visual acuity of 6/12 or better in each eye separately and 6/9 or better binocular (with or without correcting lenses)

2.36

Can read (with or without correcting lenses) an N5 chart (or its equivalent) binocularly at a distance that he or she selects (in the range of 30 to 50 centimetres), and can read an N14 chart binocularly (with or without correcting lenses) at a distance of 1 metre

Note   A person who needs correcting lenses to meet this criterion must have the appropriate lenses available while carrying out duties under a relevant licence — see regulation 67.200.

2.37

Has a near point of accommodation no further away than 30 centimetres (with or without correcting lenses)

2.38

If using contact lenses to meet the visual standards set out in items 2.31 to 2.37:

   (a)  is able to wear those lenses for twice the projected length of flight time or duty time for the person without deterioration in visual acuity or discomfort; and

 

  (b)  if the lenses are of the hard or gas‑permeable variety, demonstrates the ability, immediately after removing the lenses, to read at least 6/9 with spectacles binocularly

Colour perception

2.39

Can readily distinguish the colours that need to be distinguished for the safe exercise of privileges, or performance of duties, under the relevant licence

Note   For how to demonstrate this, see subregulation 67.155 (6).

67.160    Who meets medical standard 3

         (1)   Subject to subregulations (2) to (7), a person who satisfies the criteria in table 67.160 meets medical standard 3.

         (2)   A person may use contact lenses to meet the criterion in item 3.33 of table 67.160 if the lenses are monofocal and not tinted, and are well tolerated.

         (3)   A person whose visual acuity in either eye is worse than 6/60 must provide a full ophthalmic report to CASA.

         (4)   A person who has undergone surgery affecting the refractive status of either eye is taken not to meet the criterion in item 3.33 of table 67.160 until he or she is free of safety‑relevant sequelae of the surgery.

         (5)   A person who requires both near correction and distant correction to meet the criteria in items 3.33 and 3.34 of table 67.160 must demonstrate that 1 pair of spectacles is sufficient to meet both requirements for correction.

         (6)   If a person applies for a class 3 medical certificate, the person must demonstrate that he or she meets the criterion in item 3.37 of table 67.160 by, in daylight, or artificial light of similar luminosity, readily identifying a series of pseudo‑isochromatic plates of the Ishihara 24‑plate type, making no more than 2 errors.

         (7)   If a change is made to a criterion in an item of table 67.160, a person who held a class 3 medical certificate and satisfied the criterion immediately before the change, but fails to satisfy the criterion as changed, is taken to satisfy the criterion for 2 years after the day when the change is made.

Note   Under Annex 1, Personnel Licensing, to the Chicago Convention, medical standard 3 applies to holders of, or applicants for, air traffic controller licences.

 

Table 67.160    Criteria for medical standard 3

Item

Criterion

Abnormalities, disabilities and functional capacity

3.1

Has no safety‑relevant condition of any of the following kinds that produces any degree of functional incapacity, or risk of incapacitation:

   (a)  an abnormality;

  (b)  a disability or disease (active or latent);

   (c)  an injury;

  (d)  a sequela of an accident or a surgical operation

3.2

Has no physical conditions or limitations that are safety‑relevant

3.3

Is not using any over‑the‑counter or prescribed medication or drug (including medication or a drug used to treat a disease or medical disorder) that causes the person to experience any side effects likely to affect the person to an extent that is safety‑relevant

Mental fitness

3.4

Has no established medical history or clinical diagnosis of any of the following conditions, to an extent that is safety‑relevant:

   (a)  psychosis;

  (b)  significant personality disorder;

   (c)  significant mental abnormality or neurosis

3.5

Does not engage in any problematic use of substances (within the meaning given by section 1.1 of Annex 1, Personnel Licensing, to the Chicago Convention)

3.6

If there is any personal history of problematic use of a substance (within the meaning given by section 1.1 of Annex 1, Personnel Licensing, to the Chicago Convention):

   (a)  the person’s abstinence from problematic use of the substance is certified by an appropriate specialist medical practitioner; and

  (b)  the person is not suffering from any safety‑relevant sequelae resulting from the person’s use of the substance; and

   (c)  the person provides evidence that the person is undertaking, or has successfully completed, an appropriate course of therapy

 

Note   In Annex 1, Personnel Licensing, to the Chicago Convention, ‘Problematic use of substances’ is defined as follows:

‘The use of one or more psychoactive substances by aviation personnel in a way that:

a)      constitutes a direct hazard to the user or endangers the lives, health or welfare of others; and/or

b)      causes or worsens an occupational, social, mental or physical problem or disorder.’.

‘Psychoactive substances’ is there defined as ‘Alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded.’.

Nervous system

3.7

Has no established medical history or clinical diagnosis of:

   (a)  a safety‑relevant disease of the nervous system; or

  (b)  epilepsy; or

   (c)  a disturbance of consciousness for which there is no satisfactory medical explanation and which may recur

3.8

Is not suffering from safety‑relevant effects of a head injury or neurosurgical procedure

Cardiovascular system

3.9

Has no safety‑relevant heart abnormality

3.10

Systolic and diastolic blood pressures are within limits specified by CASA from time to time in the Designated Aviation Medical Examiner’s Handbook (even if approved drugs are used to maintain the blood pressure within those limits)

3.11

Has no significant functional or structural abnormality of the circulatory tree

Respiratory system

3.12

Is not suffering from a safety‑relevant condition of the respiratory system

Alimentary system and metabolic disorders

3.13

Is not suffering from a safety‑relevant defect of the digestive system or its adnexae, nor from any safety‑relevant effect of disease or trauma of, or an operation on, the digestive system or its adnexae

3.14

Is not suffering from safety‑relevant metabolic, nutritional or endocrine disorders

3.15

If suffering from diabetes mellitus:

   (a)  the condition is satisfactorily controlled without the use of any anti‑diabetic drug; or

  (b)  if an oral anti‑diabetic drug is used to control the condition:

         (i)   the condition is under on‑going medical supervision and control; and

        (ii)   the oral drug is approved by CASA

Reticulo‑endothelial system

3.16

Is not suffering from a safety‑relevant condition of any of the following kinds:

   (a)  localised or generalised enlargement of the lymphatic nodes;

  (b)  a disease of the blood;

   (c)  an immune deficiency disorder

Genito‑urinary system

3.17

Is not suffering from any safety relevant disease of the genito‑urinary system

3.18

Has no sequelae of disease or surgical procedures on the kidneys or urinary tract

3.19

Kidneys and urinary tract are free of significant obstructions

3.20

If there is any personal history of syphilis — provides evidence that adequate treatment has been completed and that there are no safety‑relevant sequelae of the infection

Gynaecological and obstetrical

3.21

Does not suffer from safety‑relevant menstrual disturbances

3.22

If pregnant — the pregnancy is not likely to interfere with the safe exercise of privileges, or performance of duties, under the licence held or applied for

Note   See regulation 67.235 regarding the periods during which a pregnant woman must not exercise the privileges of a licence.

Skeletal system

3.23

Is not suffering from safety‑relevant active disease of the bones, joints, muscles or tendons

3.24

Is not suffering from safety‑relevant functional sequelae of medically significant conditions of the bones, joints, muscles or tendons

Ear, nose and throat

3.25

Is not suffering from:

   (a)  active pathological processes of the internal ear or of the middle ear; or

  (b)  permanent disturbances of the vestibular apparatus

3.26

Has no safety‑relevant condition of the buccal cavity or the upper respiratory tract

Hearing requirements

3.27

Is not suffering from any safety‑relevant hearing defect

3.28

If suffering from a hearing loss (measured in a quiet room using a properly calibrated, compensated audiometer) in either ear of more than:

   (a)  35 dB at any of the frequencies of 500 Hz, 1 000 Hz or 2 000 Hz; or

  (b)  50 dB at 3 000 Hz —

passes a speech discrimination test, or an operational check, carried out by an approved person

Visual requirements

3.29

Eyes and their adnexae function normally

3.30

Is not suffering from any safety‑relevant pathological condition (either acute or chronic), nor any sequelae of surgery or trauma

3.31

Has normal binocular vision

3.32

Has normal fields of vision

3.33

Has a distant visual acuity of 6/9 or better in each eye separately and 6/6 or better binocular (with or without correcting lenses)

3.34

Can read (with or without correcting lenses) an N5 chart (or its equivalent) binocularly at a distance that he or she selects (in the range of 30 to 50 centimetres), and can read an N14 chart binocularly (with or without correcting lenses) at a distance of 1 metre

Note   A person who needs correcting lenses to meet this criterion must have the appropriate lenses available while carrying out duties under a relevant licence — see regulation 67.200.

3.35

Has a near point of accommodation no further away than 30 centimetres (with or without correcting lenses)

3.36

If using contact lenses to meet the visual standards set out in items 3.29 to 3.35:

   (a)  is able to wear those lenses for twice the projected length of duty time for the person without deterioration in visual acuity or discomfort; and

  (b)  if the lenses are of the hard or gas‑permeable variety, demonstrates the ability, immediately after removing the lenses, to read at least 6/9 with spectacles binocularly

Colour perception

3.37

Can readily distinguish the colours that need to be distinguished for the safe exercise of privileges, or performance of duties, under the relevant licence

Note   For how to demonstrate this, see subregulation 67.160 (6).

67.165    Directions about examinations for issue of medical certificates

         (1)   If CASA has reason to believe that an applicant for the issue of a medical certificate has a condition (including a condition other than a medical condition) that may, if he or she is issued the medical certificate, endanger the safety of air navigation, CASA may direct the applicant to do either or both of the following:

                (a)    submit to an examination carried out by a medical practitioner, specialist psychiatrist, clinical psychologist, audiologist, optometrist, orthoptist, orthotist, occupational therapist, specialist prosthetist or a practitioner of another kind specified in the direction;

               (b)    submit to an examination or test by a person (not necessarily a medical practitioner) expert in the safe performance of the particular activity in respect of which the medical certificate is sought.

         (2)   For paragraph (1) (a), CASA may nominate a particular practitioner, of a kind mentioned or referred to in that paragraph, who is to carry out the examination.

         (3)   For paragraph (1) (b), CASA may nominate a particular person who is expert in the safe performance of the activity concerned to carry out the examination.

67.170    Evidence of identity

         (1)   If a person submits to a relevant examination by a DAME or DAO, the DAME or DAO must ask the person to produce evidence of his or her identity before finishing the examination.

         (2)   The evidence must include a photograph of the person.

Example

The identification might take the form of a passport or any of the following that includes a photograph: a driver’s licence, a workplace identification document, a student’s identity card.

         (3)   However, subregulation (1) does not require the DAME or DAO to ask the person to produce the evidence if the DAME or DAO knows or reasonably believes the person is who the person claims to be.

         (4)   If the DAME or DAO has asked the person to produce evidence of his or her identity under subregulation (1), the DAME or DAO may refuse to carry out, or finish, the examination until the person produces the evidence.

67.175    Medical certificates — application

                A person may apply to CASA for the issue of a medical certificate.

67.180    Medical certificates — issue and refusal

         (1)   Subject to this regulation, on receiving an application under regulation 67.175, CASA must issue a medical certificate to the applicant only if:

                (a)    the applicant meets the requirements of subregulation (2); or

               (b)    if subregulation (3) applies to the applicant — CASA is satisfied that issuing the medical certificate to the applicant will not adversely affect the safety of air navigation.

         (2)   For paragraph (1) (a), the requirements are:

                (a)    the applicant has undergone any relevant examinations that, in the opinion of CASA, are necessary in the particular case; and

               (b)    each relevant examination has been carried out by an examiner to whom subregulation (4) applies; and

                (c)    for each relevant examination, the applicant answers every question asked by the examiner that the examiner considers necessary to help CASA to decide whether the applicant meets the relevant medical standard; and

               (d)    subject to subregulation (5), the applicant authorises the disclosure to CASA and the examiner of any information about the applicant that may help CASA to decide whether the applicant meets the relevant medical standard, being information that is held by a person, organisation, body or authority referred to in subregulation (6); and

                (e)    either:

                          (i)    the applicant meets the relevant medical standard; or

                         (ii)    if the applicant does not meet that medical standard — the extent to which he or she does not meet the standard is not likely to endanger the safety of air navigation; and

                (f)    if, in addition to any relevant examinations that the applicant has undergone under paragraph (a), CASA has directed the applicant to undergo an examination under subregulation 67.165 (1):

                          (i)    the applicant has undergone that examination; and

                         (ii)    having taken into account the result of the examination, CASA is satisfied that issuing a medical certificate to the applicant would not endanger the safety of air navigation.

Note 1   The routine examinations that an applicant for the issue of a medical certificate must undergo to establish whether he or she meets the relevant medical standard for the certificate are those set out in the Designated Aviation Medical Examiner’s Handbook.

Note 2   Part VIIC of the Crimes Act 1914 operates to prevent any requirement to disclose a spent conviction. For details, see that Part.

Note 3   A false statement in relation to the issue of a certificate is an offence punishable by imprisonment for 12 months — see the Criminal Code, section 137.1.

Note 4   A person may not meet any of the medical standards if the person has a history of ‘problematic use of substances’ — see items 1.5 and 1.6 of table 67.150, items 2.5 and 2.6 of table 67.155 and items 3.5 and 3.6 of table 67.160.

Note 5   For the period for which a medical certificate remains in force, see regulation 67.205.

         (3)   This subregulation applies to an applicant:

                (a)    whose medical certificate (the old certificate) has expired; and

               (b)    who:

                          (i)    applies to CASA for the issue of a new medical certificate within 3 months after the old certificate expired; and

                         (ii)    in the opinion of CASA, is not required to undergo any relevant examinations for the issue of the new certificate.

Note   If a medical certificate is issued to an applicant referred to in subregulation (3), the medical certificate remains in force for the period (which must not be longer than 2 months) set out in the certificate — see subregulation 67.205 (4).

         (4)   This subregulation applies to the following persons:

                (a)    a DAME;

               (b)    a DAO;

                (c)    a specialist medical practitioner, or any other
medical practitioner, who CASA has directed may carry out medical examinations for the purposes of subregulation (2);

               (d)    if CASA has directed that the applicant be assessed by a specialist psychiatrist or clinical psychologist — the psychiatrist or psychologist who carried out the assessment;

                (e)    if CASA has directed that the applicant be assessed by an audiologist, optometrist, orthoptist, orthotist, occupational therapist, specialist prosthetist, or similar practitioner — the practitioner who carried out the assessment;

                (f)    if CASA has directed that the applicant be assessed by a person (not necessarily a medical practitioner) expert in the safe performance of the particular activity in respect of which the medical certificate is sought — the person who carried out the assessment.

         (5)   An authorisation under paragraph (2) (d) does not require a person, organisation, body or authority to disclose:

                (a)    information that was collected for use as evidence in a legal proceeding, and has not been tendered or admitted as evidence in a court; or

               (b)    information that could not, because of Part 3.10 of the Evidence Act 1995, be given in evidence in a proceeding to which that Part applies.

Note   Part 3.10 of the Evidence Act 1995 is about: client legal privilege; religious confessions; self‑incrimination in other proceedings; and evidence excluded in the public interest. For details, see that Act.

         (6)   For paragraph (2) (d), the persons, organisations, bodies or authorities are as follows:

                (a)    a medical practitioner;

               (b)    any other person or organisation (including a hospital) that has made a physical, psychological or psychiatric examination of the applicant;

                (c)    any other person or organisation (including a hospital) that has treated the applicant for a medically significant condition;

               (d)    an employer (including a former employer) of the applicant;

                (e)    any other person, organisation, body or authority (including a police force or police service and, subject to Part VIIC of the Crimes Act 1914, a court) that holds information of the kind referred to in paragraph (2) (d).

         (7)   CASA must not issue a medical certificate to an applicant if it is satisfied that the applicant:

                (a)    has knowingly or recklessly made a false or misleading statement in relation to the application for the medical certificate; or

               (b)    does not satisfy the requirements of this regulation; or

                (c)    has not, in the course of undergoing a relevant examination for the medical certificate, complied with a request made under subregulation 67.170 (1).

         (8)   A medical certificate issued to an applicant who does not meet the relevant medical standard for the issue of the certificate, or to whom subparagraph (2) (f) (ii) applies, must bear a note of that fact.

         (9)   The fact that an applicant who does not meet the relevant medical standard in all respects has previously been issued with a medical certificate under subparagraph (2) (e) (ii) or (f) (ii), or a special medical certificate (within the meaning of Part 6 of CAR), does not automatically entitle him or her to the issue of a further such medical certificate.

67.185    Notice of decision to refuse medical certificate

         (1)   If CASA refuses to issue a medical certificate to a person, it must tell the person, in writing, of the refusal, and of:

                (a)    the reasons for not issuing the certificate; and

               (b)    if the reason was that the person failed to meet the relevant medical standard, the respects in which he or she did not meet the standard.

         (2)   Failure to comply with subregulation (1) in relation to a decision does not affect the validity of the decision.

67.190    Reconsideration of decision to refuse medical certificate

         (1)   A person to whom CASA has refused to issue a medical certificate, or to whom CASA has issued a medical certificate subject to a condition not sought by the person, may apply to CASA in writing for reconsideration of the decision.

         (2)   The application must be made within 21 days after the day when the person is told by CASA, in writing, that it:

                (a)    has refused to issue a medical certificate to the person; or

               (b)    has issued a medical certificate subject to a condition not sought by the person.

         (3)   The reconsideration of an application submitted to CASA must not be carried out solely by the CASA officer who made the decision being reconsidered.

Note   A refusal to issue a medical certificate is reviewable by the Administrative Appeals Tribunal — see the Act, section 31 and regulation 201.004.

67.195    Medical certificate — conditions

         (1)   CASA may issue a medical certificate to a person subject to any condition that is necessary in the interests of the safety of air navigation, having regard to the medical condition of the person.

         (2)   In particular, CASA may issue a medical certificate subject to a condition that the period during which the certificate remains in force may be extended only by CASA.

         (3)   A person must not contravene a condition subject to which his or her medical certificate is issued.

Penalty:   50 penalty units.

         (4)   An offence against subregulation (3) is an offence of strict liability.

         (5)   A condition to which a medical certificate is subject must be set out in the certificate.

67.200    Conditions applicable to certain medical certificates — correcting lenses

         (1)   In addition to any other condition imposed by or under this Part, a medical certificate issued to a person who needs correcting lenses to satisfy the requirements of item 1.36 of table 67.150, item 2.36 of table 67.155 or item 3.34 of table 67.160 is subject to the conditions set out in subregulations (2) and (4).

         (2)   The person must have those correcting lenses available for use while exercising the privileges of a licence for which the certificate is required.

         (3)   If the person is the holder of, or an applicant for, a licence for which he or she is required to meet medical standard 1 or 2, the correcting lenses may be a pair of spectacles or a combination of contact lenses and a pair of spectacles.

         (4)   A person to whom subregulation (3) applies must have within reach, while he or she is performing duties essential to the operation of an Australian aircraft during flight time, a spare pair of spectacles for each pair of correcting lenses that he or she requires to meet the relevant medical standard.

         (5)   The holder of a medical certificate that is subject to a condition set out in subregulation (2) or (4) must not contravene the condition.

Penalty:   50 penalty units.

         (6)   An offence against subregulation (5) is an offence of strict liability.

67.205    Medical certificates — period in force

         (1)   In this regulation:

appropriate day means:

                (a)    for a medical certificate issued to a person who:

                          (i)    has never held a medical certificate, or a person who has previously held a medical certificate that has expired; and

                         (ii)    has undergone any relevant examinations required for the purpose of the issue of the certificate;

the day when the last relevant examination is completed; and

               (b)    for a new medical certificate issued to a person:

                          (i)    who holds a medical certificate that is in force (the current certificate); and

                         (ii)    who has undergone any relevant examinations required for the purpose of the issue of the new certificate; and

                        (iii)    whose last relevant examination is completed more than 28 days before his or her current certificate is due to expire;

the day when the examination is completed; and

                (c)    for a new medical certificate issued to a person:

                          (i)    who holds a medical certificate that is in force (the current certificate); and

                         (ii)    who has undergone any relevant examinations required for the purpose of the issue of the new certificate; and

                        (iii)    whose last relevant examination is completed 28 or fewer days before his or her current certificate is due to expire;

the day when the current certificate is due to expire.

Examples

1.   A person who has never held a medical certificate has an examination for the issue of a medical certificate on 1 January 2003. The appropriate day for the certificate is 1 January 2003.

2.   A person who holds a medical certificate that is due to expire on 1 January 2004 has an examination for a new certificate on 1 November 2003. The appropriate day for the new certificate is 1 November 2003.

3.   A person who holds a medical certificate that is due to expire on 1 January 2004 has an examination for a new certificate on 20 December 2003. The appropriate day for the new certificate is 1 January 2004.

4.   A person who held a medical certificate that expired on 1 January 2003 has an examination for a new certificate on 1 March 2003. The appropriate day for the new certificate is 1 March 2003.

         (2)   A medical certificate comes into force:

                (a)    if the holder has undergone any relevant examinations required for the purpose of the issue of the certificate and complies with the relevant medical standard in all respects — on the certificate’s appropriate day; or

               (b)    in any other case — on the day when the certificate is issued.

         (3)   Subject to subregulation (6) and regulations 67.215 and 67.220, a medical certificate issued by CASA to a person who has undergone any relevant examinations required for the purpose of the issue of the certificate remains in force for the period set out in the certificate, being a period of not more than:

                (a)    in the case of a class 1 medical certificate — 1 year after the day when the certificate comes into force; and

               (b)    in the case of a class 2 medical certificate:

                          (i)    if the person is less than 40 years old when the certificate is issued to him or her — 4 years after the day when the certificate comes into force; or

                         (ii)    if the person is 40 years old or older when the certificate is issued to him or her — 2 years after the day when the certificate comes into force; and

                (c)    in the case of a class 3 medical certificate — 2 years after the day when the certificate comes into force.

         (4)   Subject to subregulation (6) and regulations 67.215 and 67.220, a medical certificate issued by CASA to a person who has not been required to undergo any relevant examinations for the purpose of the issue of the certificate remains in force for the period (which must not be longer than 2 months) set out in the certificate.

         (5)   Subject to subregulation (6), a medical certificate issued by a DAME remains in force for the period (which must not be longer than 2 months) set out in the certificate.

         (6)   If a new medical certificate is issued to a person who holds a current medical certificate, and the new certificate comes into force before the current certificate is due to expire, the current certificate ceases to be in force at the last moment of the day before the day when the new certificate comes into force.

67.210    Medical certificates — application for extension of period in force

         (1)   The holder of a current medical certificate issued by CASA may apply for an extension of the period during which the medical certificate remains in force.

         (2)   The application may be made to:

                (a)    CASA; or

               (b)    if the certificate is not subject to a condition to the effect that the period during which the certificate remains in force may be extended only by CASA — a DAME.

67.215    Medical certificates — extension of period in force by CASA

         (1)   If, on receiving an application under regulation 67.210 for an extension of the period during which a current medical certificate remains in force, CASA is satisfied that extending the period will not adversely affect the safety of air navigation, CASA may extend the period by:

                (a)    entering the period of the extension on the certificate; or

               (b)    giving to the holder of the certificate a written notice setting out the period of the extension.

         (2)   An extension by CASA of the period during which the certificate remains in force must not be for longer than 1 year after the day when the certificate would expire if the period had not been extended.

67.220    Medical certificates — extension of period in force by DAMEs

         (1)   A DAME must, on receiving an application under regulation 67.210 for an extension of the period during which a current medical certificate remains in force:

                (a)    deal with the application in accordance with the Designated Aviation Medical Examiner’s Handbook; and

               (b)    extend the period only if the DAME is satisfied that this will not adversely affect the safety of air navigation.

         (2)   If the DAME extends the period during which a medical certificate remains in force, the DAME must:

                (a)    enter the period of the extension on the certificate; or

               (b)    give to the holder of the certificate a written notice setting out the period of the extension.

         (3)   A medical certificate may be extended by a DAME only once.

         (4)   An extension by a DAME of the period during which the certificate remains in force must not be for longer than 2 months after the day when the certificate would expire if the period had not been extended.

67.225    Medical certificates — new medical certificates issued by DAMEs

         (1)   A person whose medical certificate has expired may apply to a DAME for the issue of a medical certificate under this regulation if the medical certificate:

                (a)    was issued by CASA; and

               (b)    was not subject to a condition that the period during which the certificate remains in force may be extended only by CASA.

         (2)   An application must be made within 3 months after the medical certificate has expired.

         (3)   On receiving an application under subregulation (1), a DAME must:

                (a)    deal with it in accordance with the Designated Aviation Medical Examiner’s Handbook; and

               (b)    subject to this regulation, issue a new medical certificate to the applicant only if satisfied that:

                          (i)    the applicant has, subject to subregulation (5), authorised the disclosure of his or her medical information to the DAME, being information that is held by a person, organisation, body or authority referred to in subregulation (6); and

                         (ii)    issuing the medical certificate to the applicant will not adversely affect the safety of air navigation.

Note   If a medical certificate is issued to a person by a DAME, the medical certificate remains in force for the period (which must not be longer than 2 months) set out in the certificate — see subregulation 67.205 (5).

         (4)   The DAME must not issue a medical certificate to the applicant if the DAME is satisfied that the applicant:

                (a)    has knowingly or recklessly made a false or misleading statement in relation to the application for the medical certificate; or

               (b)    does not satisfy the requirements of this regulation; or

                (c)    has not, in the course of undergoing a relevant examination for the medical certificate, complied with a request made under subregulation 67.170 (1).

         (5)   An authorisation under subparagraph (3) (b) (i) does not require a person, organisation, body or authority to disclose:

                (a)    information that was collected for use as evidence in a legal proceeding, and has not been tendered or admitted as evidence in a court; or

               (b)    information that could not, because of Part 3.10 of the Evidence Act 1995, be given in evidence in a proceeding to which that Part applies.

Note   Part 3.10 of the Evidence Act 1995 is about: client legal privilege; religious confessions; self‑incrimination in other proceedings; and evidence excluded in the public interest. For details, see that Act.

         (6)   For subparagraph (3) (b) (i), the persons, organisations, bodies or authorities are as follows:

                (a)    a medical practitioner;

               (b)    any other person or organisation (including a hospital) that has made a physical, psychological or psychiatric examination of the applicant;

                (c)    any other person or organisation (including a hospital) that has treated the applicant for a medically significant condition;

               (d)    an employer (including a former employer) of the applicant;

                (e)    any other person, organisation, body or authority (including a police force or police service and, subject to Part VIIC of the Crimes Act 1914, a court) that holds information of the kind referred to in subparagraph (3) (b) (i).

67.230    CASA may require medical examination of certificate holders

         (1)   If it is necessary, in the interests of the safety of air navigation, for the holder of a medical certificate to demonstrate:

                (a)    that he or she continues to meet the relevant medical standard; or

               (b)    that holding the certificate does not adversely affect the safety of air navigation;

CASA may direct the holder to do any 1 or more of the following:

                (c)    submit to an examination carried out by a medical practitioner, specialist psychiatrist, clinical psychologist, audiologist, optometrist, orthoptist, orthotist, occupational therapist, specialist prosthetist or a practitioner of another kind specified in the direction;

               (d)    submit to an examination or test by a person (not necessarily a medical practitioner) expert in the safe performance of the particular activity to which the medical certificate relates;

                (e)    authorise the disclosure to CASA of any information about the holder, held by a person, organisation, body or authority referred to in subregulation (4), that may help CASA to decide whether:

                          (i)    the holder continues to meet that medical standard; or

                         (ii)    the holder’s holding the certificate may adversely affect the safety of air navigation.

         (2)   For paragraph (1) (c), CASA may nominate a particular practitioner, of a kind mentioned or referred to in that paragraph, who is to carry out the examination.

         (3)   For paragraph (1) (d), CASA may nominate a particular person who is expert in the performance of the activity concerned to carry out the examination.

         (4)   For paragraph (1) (e), the persons, organisations, bodies and authorities are as follows:

                (a)    a medical practitioner, specialist psychiatrist, clinical psychologist, audiologist, optometrist, orthoptist, orthotist, occupational therapist, specialist prosthetist or similar practitioner who has examined or treated the holder;

               (b)    any other person or organisation (including a hospital) that has made a physical, psychological or psychiatric examination of the holder;

                (c)    any other person or organisation (including a hospital) that has treated the holder for a medically significant condition;

               (d)    an employer (including a former employer) of the holder;

                (e)    any other person, organisation, body or authority (including a police force or police service and, subject to Part VIIC of the Crimes Act 1914, a court) that holds information relevant to deciding whether the person’s holding the certificate may adversely affect the safety of air navigation.

67.235    Suspension of medical certificates — pregnancy

         (1)   A medical certificate held by a pregnant woman who holds, or is an applicant for, a licence is taken to be suspended:

                (a)    during the period beginning immediately after the end of the 30th week of gestation and ending when a DAME certifies that she is fully recovered following delivery or the termination of the pregnancy; or

               (b)    if in a particular case CASA directs in writing that a different period should apply — during the period so directed by CASA; or

                (c)    if, before the start of the period mentioned in paragraph (a), the pregnancy ends in miscarriage or premature labour, or is terminated by medical intervention — from the time of the miscarriage, premature labour or intervention until a DAME certifies that the woman is fully recovered.

Note   This regulation does not preclude a pilot who is pregnant from undertaking or receiving instruction in a flight simulator at any stage of the pilot’s pregnancy.

         (2)   Despite subregulation (1), a pregnant woman who holds an air traffic controller licence may continue to exercise the privileges of the licence until the end of the 38th week of gestation if:

                (a)    the medical practitioner who is attending the woman certifies her continued medical fitness to do so each week beginning at the 31st week of gestation; and

               (b)    a DAME certifies the woman’s continuing fitness to do so each week beginning at the 31st week of gestation; and

                (c)    another person who holds an air traffic controller licence, and is medically fit and able to take over responsibility for the function, is on duty and available at the times when she does so.

67.240    Medical certificates — suspension pending examination

         (1)   If CASA directs the holder of a medical certificate to submit to an examination under regulation 67.230, or to authorise the disclosure of information to CASA under that regulation, CASA may, in writing, suspend the medical certificate.

         (2)   If CASA suspends a medical certificate, CASA must give the holder of the certificate written notice of the suspension and of the reasons for the suspension.

         (3)   A suspension of a medical certificate takes effect when the holder of the certificate is told of the suspension, either orally or in writing.

         (4)   If:

                (a)    CASA suspends a medical certificate; and

               (b)    the holder of the certificate submits to an examination or test directed by CASA, or authorises the disclosure of information to CASA; and

                (c)    the examination, test or information shows that:

                          (i)    the holder meets the relevant medical standard; and

                         (ii)    the continued holding of the certificate by the holder will not adversely affect the safety of air navigation;

CASA must:

               (d)    end the suspension; and

                (e)    tell the holder in writing that the suspension has ended.

         (5)   If:

                (a)    CASA suspends a medical certificate; and

               (b)    the holder of the certificate submits to an examination or test directed by CASA, or authorises the disclosure of information to CASA; and

                (c)    the examination, test or information shows either or both of the following:

                          (i)    the holder fails to meet the relevant medical standard;

                         (ii)    the continued holding of the certificate by the holder will adversely affect the safety of air navigation;

CASA must tell the holder in writing the respect in which the holder does not meet the medical standard.

67.245    Suspension of medical certificates — special arrangements for service in urgent cases

         (1)   If there is reason to believe in a particular case that:

                (a)    the holding of a medical certificate by a person may seriously and adversely affect the safety of air navigation; and

               (b)    it is necessary, in the interests of the safety of air navigation, to suspend the certificate immediately; and

                (c)    the person is likely to attempt to evade service on him or her of the notice of suspension;

CASA may give the notice to the person in any way by which it is likely to be quickly brought to the person’s attention.

         (2)   In particular, if no other method of giving the notice is practicable in the circumstances, the notice may be given by fixing it in a prominent position to an aircraft that the person is likely to fly.

         (3)   A notice that is fixed to an aircraft is taken to have been given to the person at the time it is fixed to the aircraft.

67.250    Medical certificates — effect of suspension

                If CASA suspends a medical certificate, its holder is taken not to be the holder of a medical certificate during the period of the suspension.

67.255    Medical certificates — cancellation if medical standard not met

         (1)   If, after undergoing an examination for the purposes of regulation 67.180 or under regulation 67.230, the holder of a medical certificate fails to meet the relevant medical standard for the certificate (or, in the case of a person who did not, at the time the certificate was issued, meet the standard in all respects, fails to meet the standard in an additional respect), CASA must:

                (a)    by written notice given to the holder, cancel the certificate; and

               (b)    if CASA is satisfied that the holding of a medical certificate by the holder will not adversely affect the safety of air navigation — issue to the holder a medical certificate that is subject to any conditions that are necessary in the interests of the safety of air navigation.

         (2)   CASA must include in the notice the reasons for the holder’s failure to meet the relevant medical standard.

67.260    Medical certificates — cancellation and suspension in other cases

         (1)   CASA may, by written notice given to the holder of a medical certificate, cancel the certificate, or suspend it for a specified period, if there are reasonable grounds for believing that the holder:

                (a)    has contravened a condition to which the certificate is subject; or

               (b)    has contravened subregulation 67.265 (3) or (4); or

                (c)    has failed to comply with a direction under regulation 67.230.

         (2)   A notice must set out the grounds for the cancellation or suspension.

         (3)   Before cancelling or suspending a medical certificate, CASA must:

                (a)    give a show cause notice to the holder of the certificate of the facts and circumstances that, in the opinion of CASA, justify consideration being given to the cancellation or suspension of the certificate; and

               (b)    allow the holder to show cause (within the time CASA sets out in that notice, being a period of not less than 14 days after the notice was given), why the certificate should not be cancelled or suspended.

Subpart 67.D        Responsibilities of medical certificate holders

67.265    Obligation to tell CASA of changes in medical condition

         (1)   In this regulation:

licence means a licence of any of the following kinds:

                (a)    flight crew licence;

               (b)    special pilot licence;

                (c)    flight radiotelephone licence;

               (d)    air traffic controller licence.

         (2)   In this regulation, a reference to a DAME includes, in relation to a medically significant condition that affects a person’s vision, a DAO.

         (3)   If:

                (a)    the holder of a class 1 medical certificate and a licence:

                          (i)    knows that he or she has a medically significant condition; and

                         (ii)    is reckless as to whether the condition has been disclosed to CASA; and

               (b)    the condition continues for longer than 7 days; and

                (c)    the condition has the result that his or her ability to do an act authorised by the licence is impaired;

he or she must tell CASA or a DAME about the condition as soon as practicable after the end of the 7 days.

Penalty:   50 penalty units.

         (4)   If:

                (a)    the holder of a class 2 or class 3 medical certificate and a licence:

                          (i)    knows that he or she has a medically significant condition; and

                         (ii)    is reckless as to whether the condition has been disclosed to CASA; and

               (b)    the condition continues for longer than 30 days; and

                (c)    the condition has the result that his or her ability to do an act authorised by the licence is impaired;

he or she must tell CASA or a DAME about the condition as soon as practicable after the end of the 30 days.

Penalty:   50 penalty units.

         (5)   If the holder of a medical certificate and a licence:

                (a)    knows that he or she has a medically significant condition; and

               (b)    is reckless as to whether the condition has been disclosed to CASA; and

                (c)    the condition has the result that his or her ability to do an act authorised by the licence is impaired;

he or she must not do the act until a DAME certifies that the holder can safely do such acts.

Penalty:   50 penalty units.

Note   If the holder of a medical certificate tells a DAME about a medically significant condition, and the condition is safety‑relevant, the DAME must tell CASA in writing of that fact within 5 working days — see regulation 67.125.

         (6)   It is a defence to a prosecution under subregulation (5) that, in the circumstances, the relevant act was a reasonable measure to save life (including the holder’s own life) or avoid damage to property.

67.270    Offence — doing act while efficiency impaired

         (1)   This regulation applies in relation to a licence of any of the following kinds:

                (a)    flight crew licence;

               (b)    special pilot licence;

                (c)    flight radiotelephone licence;

               (d)    air traffic controller licence.

         (2)   The holder of the licence must not do an act authorised by the licence if at the time:

                (a)    he or she knows that he or she has a medically significant condition; and

               (b)    the condition has the result that his or her ability to do the act is impaired.

Penalty:   50 penalty units.

         (3)   If the holder’s normal ability to do such acts is not fully restored within the period specified in subregulation (4) for the holder’s licence, the holder must not do an act authorised by the licence until a DAME gives a certificate to the holder to the effect that the person’s ability to do such acts is no longer impaired.

Penalty:   50 penalty units.

         (4)   The period is:

                (a)    for a licence for which a class 1 medical certificate is necessary — 7 days; and

               (b)    for a licence of any other kind to which this regulation applies — 30 days.

Note   If the holder of a medical certificate tells a DAME or DAO about a medically significant condition, and the condition is safety‑relevant, the DAME must tell CASA in writing of that fact within 5 working days — see regulation 67.125.

67.275    Surrender of medical certificates

         (1)   CASA may require, by written notice, the holder of a medical certificate to surrender the certificate to CASA within a reasonable time specified in the notice.

         (2)   The person must comply with the requirement.

Penalty:   5 penalty units.

         (3)   A person who contravenes subregulation (2) is guilty of an offence in respect of each day during which the person refuses or fails to comply with the requirement, including the day of any conviction for such an offence.

         (4)   The person must not destroy, mutilate or deface the certificate with intent to evade the obligation to comply with the requirement.

Penalty:   10 penalty units.


Part 71               Airspace

Note   This Part heading is reserved for future use.

  

Part 90               Additional airworthiness requirements

 

Note   This Part is made up as follows:

Subpart 90.A               General

90.005                  Purpose of Part

90.008                  Definitions for Part 90

90.010                  Exclusions in relation to particular provisions

90.015                  Operation of exclusions under regulation 39.004

90.020                  Issue of Manual of Standards

Subpart 90.B               General provisions

90.100                  Applicability

90.105                  Flight crew restraints

90.110                  Occupant restraints — small aeroplanes

90.115                  Occupant restraints — helicopters

90.120                  Side-facing seats

90.125                  Cabin crew seats

90.130                  External doors

90.135                  Emergency exits

90.140                  Cargo and baggage compartment lighting

90.145                  Thermal/acoustic insulation materials

Subpart 90.C               Large aeroplanes engaged in air transport operations

Division 90.C.1   General

90.200                  Applicability

Division 90.C.2   Emergency exits

90.205                  Escape devices

90.210                  Location of emergency exits

90.215                  Access to emergency exits

90.220                  Interior emergency exit marking


 

90.225                   Interior emergency lighting

90.230                   Floor proximity emergency escape path

90.235                  Exterior emergency exit marking

90.240                  Exterior emergency lighting

90.245                  Over-wing escape routes

Division 90.C.3   Fire protection

90.250                  Cabin interiors — materials

90.255                  Seat cushions — materials

90.260                  Cargo compartment liners — materials

90.265                  Cargo compartments for aeroplanes engaged in regular public transport operations

90.270                  Toilets

90.275                  Thermal/acoustic insulation materials

Division 90.C.4   Systems and equipment

90.280                  Seats

90.285                  Pitot heat indication systems

Subpart 90.D               Small aeroplanes engaged in air transport operations

90.400                  Applicability

90.405                  Cargo and baggage compartments

90.410                  Emergency exits

Subpart 90.E               Helicopters engaged in regular public transport operations

90.600                  Applicability

90.605                  Emergency exits

Subpart 90.A        General

90.005    Purpose of Part

                This Part sets out airworthiness requirements for an aircraft that are in addition to:

                (a)    the type certification basis for the aircraft; and

               (b)    any requirements for the issue of a certificate of airworthiness for the aircraft under Part 21.

Note   For the definition of type certification basis, see the Dictionary.

90.008    Definitions for Part 90

         (1)   In this Part:

Class C cargo or baggage compartment has the same meaning as in FARs section 25.857, as in force from time to time.

Class D cargo or baggage compartment has the same meaning as in FARs section 25.857, as in force on 16 June 1986.

Class E cargo compartment has the same meaning as in FARs section 25.857, as in force from time to time.

emergency exit means an external door, hatch or window on an aircraft intended for use by passengers or crew in an emergency.

large aeroplane means an aeroplane with a maximum take-off weight of more than 5 700 kg.

non-transport category aeroplane means an aeroplane of a type that was originally certificated in a category other than the transport category.

operating has the meaning given by subregulation (2).

originally certificated has the meaning given by subregulation (3).

Part 90 Manual of Standards means the Manual of Standards issued by CASA under regulation 90.020.

side-facing seat, for an aircraft, means a seat that faces more than 18° from the aircraft’s longitudinal axis.

small aeroplane means an aeroplane with a maximum take-off weight of 5 700 kg or less.

transport category aeroplane means an aeroplane of a type that was originally certificated in the transport category.

Note   For the definition of approved, see the Dictionary. Approvals given in Air Navigation Orders before 30 June 1988 and in Civil Aviation Orders between 1 July 1988 and 6 July 1995 are taken to have been given by CASA — see regulation 311 of CAR and subsection 13 (2) of the Civil Aviation Legislation Amendment Act 1995.

         (2)   For this Part, an aircraft is operating from the moment at which the aircraft first moves (whether or not under its own power) for the purpose of taking off for a flight until the moment at which it comes to rest for the purpose of disembarking any persons or cargo on board after:

                (a)    it lands; or

               (b)    the flight is aborted.

         (3)   For this Part, an aircraft of a particular type is originally certificated as follows:

                (a)    if the aircraft’s State of Design is Australia — when CASA first issues a type certificate in respect of an aircraft of that type;

               (b)    if the aircraft’s State of Design is a foreign country — when the NAA of the State of Design first issues a foreign type certificate in respect of an aircraft of that type.

90.010    Exclusions in relation to particular provisions

         (1)   The registered operator of an aircraft may apply in writing to CASA for exclusion of the aircraft, or an aeronautical product that is part of, or used in, the aircraft, from the operation of a provision of this Part.

         (2)   On receiving an application, CASA may, in writing, exclude the aircraft or aeronautical product from the operation of the provision.

         (3)   In making a decision under subregulation (2), CASA must:

                (a)    regard as paramount the preservation of a level of aviation safety that is at least acceptable; and

               (b)    have regard to any reasons given in the application.

         (4)   However, CASA may exclude an aircraft or aeronautical product under subregulation (2) only if CASA is satisfied that it is not practicable for the aircraft or aeronautical product to meet the requirements of the provision.

         (5)   CASA may, in an instrument of exclusion under subregulation (2), provide that the exclusion is subject to 1 or more conditions.

         (6)   An instrument of exclusion under subregulation (2) applies to a particular aircraft or aeronautical product only while the registered operator of the aircraft, or the aircraft that the aeronautical product is part of, or used in, complies with each condition of the exclusion.

Note   See regulation 201.004 for review of an exclusion decision.

90.015    Operation of exclusions under regulation 39.004

         (1)   This regulation applies if, before 1 December 2010, CASA has, under regulation 39.004, excluded (the exclusion):

                (a)    a particular aircraft or aeronautical product; or

               (b)    a particular kind of aircraft or aeronautical product;

from the operation of an airworthiness directive, or a requirement of an airworthiness directive, mentioned in column 2 of an item in table 90.015 (the item).

         (2)   Subject to subregulation (3), the provision mentioned in column 3 of the item does not apply to an aircraft or aeronautical product that, immediately before 1 December 2010, was subject to the exclusion.

         (3)   Subregulation (2) applies to a particular aircraft or aeronautical product only while the registered operator of the aircraft, or the aircraft that the aeronautical product is part of, or used in, continues to comply with each condition of the exclusion.

Note   On 1 December 2010, the airworthiness directives mentioned in table 90.015 were cancelled.

Table 90.015            Provisions covered by exclusions relating to each airworthiness directive

Item

Airworthiness Directive

Provision

1

AD/General/4 Amdt 4, requirement 1(a)

Regulation 90.130

2

AD/General/4 Amdt 4, requirement 2(a)

Regulation 90.205

3

AD/General/4 Amdt 4, requirements 2(b)(1) and (2)

Regulation 90.220

4

AD/General/4 Amdt 4, requirement 2(b)(3)

Regulation 90.225

5

AD/General/4 Amdt 4, requirement 2(c)

Regulation 90.220

6

AD/General/4 Amdt 4, requirement 2(d)

Regulation 90.225

7

AD/General/4 Amdt 4, requirement 2(e)

Regulation 90.215

8

AD/General/4 Amdt 4, requirement 2(f)

Regulation 90.235

9

AD/General/4 Amdt 4, requirement 2(g)

Regulation 90.240

10

AD/General/4 Amdt 4, requirement 2(h)

Regulation 90.245

11

AD/General/4 Amdt 4, requirement 2(k)

Regulation 90.210

12

AD/General/4 Amdt 4, requirement 3

Regulation 90.410

13

AD/General/4 Amdt 4, requirement 3(e)

Regulation 90.220

14

AD/General/4 Amdt 4, requirement 3(f)

Regulation 90.215

15

AD/General/4 Amdt 4, requirement 4

Regulation 90.605

16

AD/General/4 Amdt 4, requirement 5(b)

Regulation 90.135

17

AD/General/4 Amdt 4, requirement 5(c)

Regulation 90.135

18

AD/General/33 Amdt 1

Regulation 90.140

19

AD/General/48 Amdt 3

Regulation 90.270

20

AD/General/57 Amdt 1

Regulation 90.285

21

AD/General/60 Amdt 1

Regulation 90.105

22

AD/General/61 Amdt 2

Regulation 90.125

23

AD/General/63 Amdt 1

Regulation 90.255

24

AD/General/64 Amdt 2

Regulation 90.120

25

AD/General/66 Amdt 1

Regulation 90.230

26

AD/General/67 Amdt 3

Regulation 90.110

27

AD/General/68 Amdt 4

Regulation 90.250

28

AD/General/70 Amdt 1

Regulation 90.260

29

AD/General/71 Amdt 1

Regulation 90.115

30

AD/General/73

Regulation 90.215

31

AD/General/74 Amdt 1

Regulation 90.105

32

AD/General/76 Amdt 2

Regulation 90.265

33

AD/General/84 Amdt 2

Regulation 90.145

34

AD/General/84 Amdt 2

Regulation 90.275

35

AD/General/85

Regulation 90.280

90.020    Issue of Manual of Standards

         (1)   For paragraph 98 (5A) (b) of the Act, CASA may issue a Manual of Standards for this Part that sets out matters relating to the airworthiness of, or design standards for, aircraft.

         (2)   In particular, the Part 90 Manual of Standards may set out standards for the following:

                (a)    cabin crew seats and related equipment;

               (b)    escape devices;

                (c)    access to emergency exits;

               (d)    interior and exterior emergency exit marking;

                (e)    interior and exterior emergency lighting;

                (f)    floor proximity emergency escape paths;

               (g)    over-wing escape routes;

               (h)    materials used in the interior of cabins;

                (i)    symbols identifying emergency exits.

Note   Subpart 11.J sets out procedures for the issue, amendment and revocation of a Manual of Standards.

Subpart 90.B        General provisions

90.100    Applicability

                This Subpart applies to aircraft other than the following:

                (a)    balloons;

               (b)    airships;

                (c)    sailplanes;

               (d)    powered sailplanes;

                (e)    an aircraft for which any of the following is in force:

                          (i)    a special certificate of airworthiness mentioned in regulation 21.186, 21.189 or 21.190;

                         (ii)    an experimental certificate;

                        (iii)    a special flight permit;

                        (iv)    a provisional certificate of airworthiness.

90.105    Flight crew restraints

         (1)   The registered operator of an aircraft to which this Subpart applies commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aircraft; or

                         (ii)    permits a person to operate the aircraft; and

               (b)    a requirement in this regulation is not met while the aircraft is operating.

Penalty:   50 penalty units.

         (2)   For a large aeroplane that was originally certificated on or after 1 January 1958, each seat in the flight crew compartment must be equipped with an approved safety harness that meets the requirements in subregulations (4) and (6).

         (3)   For any other aircraft, each seat that is:

                (a)    a flight crew seat; or

               (b)    a seat in the front row of seats in the aircraft’s cockpit;

must be equipped with an approved safety harness that meets the requirements in subregulations (5) and (6).

         (4)   For subregulation (2), the safety harness must consist of:

                (a)    an approved symmetrical type harness; or

               (b)    a single shoulder strap harness that was approved and installed before 6 March 1980.

         (5)   For subregulation (3), the safety harness must consist of a lap belt and at least 1 shoulder strap.

         (6)   For subregulations (2) and (3), the safety harness must:

                (a)    allow any flight crew member who is occupying the seat and has the harness correctly fastened to perform his or her functions; and

               (b)    when not in use, be able to be secured so it does not:

                          (i)    prevent the proper operation of the aircraft; or

                         (ii)    hinder a person in the aircraft if he or she must leave the aircraft in an emergency.

Source   FARs sections 91.205, 91.521 and 121.311 modified.

         (7)   An offence against subregulation (1) is an offence of strict liability.

90.110    Occupant restraints — small aeroplanes

         (1)   This regulation applies to a small aeroplane that:

                (a)    is an aircraft to which this Subpart applies; and

               (b)    was manufactured on or after 13 December 1986;

other than a multi-engine aeroplane that has 10 or more passenger seats.

         (2)   The registered operator of the aeroplane commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aeroplane; or

                         (ii)    permits a person to operate the aeroplane; and

               (b)    a requirement in subregulation (3) is not met while the aeroplane is operating.

Penalty:   50 penalty units.

         (3)   A seat in the aeroplane that does not have an approved seat belt and shoulder harness:

                (a)    must not be used during take-off or landing; and

               (b)    must carry a placard to that effect.

Source   FARs section 91.205 modified.

         (4)   An offence against subregulation (2) is an offence of strict liability.

90.115    Occupant restraints — helicopters

         (1)   This regulation applies to a helicopter that:

                (a)    is an aircraft to which this Subpart applies; and

               (b)    was manufactured on or after 17 September 1992.

         (2)   The registered operator of the helicopter commits an offence if:

                (a)    the registered operator:

                          (i)    operates the helicopter; or

                         (ii)    permits a person to operate the helicopter; and

               (b)    a requirement in this regulation is not met while the helicopter is operating.

Penalty:   50 penalty units.

         (3)   A seat in the helicopter that does not have an approved seat belt and shoulder harness:

                (a)    must not be used during take-off or landing; and

               (b)    must carry a placard to that effect.

         (4)   There must be a means to secure each seat belt and harness when it is not in use so that it does not:

                (a)    prevent the proper operation of the helicopter; or

               (b)    hinder a person in the helicopter if he or she must leave the helicopter in an emergency.

Source   FARs section 91.205 modified.

         (5)   An offence against subregulation (2) is an offence of strict liability.

90.120    Side-facing seats

         (1)   The registered operator of an aircraft to which this Subpart applies commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aircraft; or

                         (ii)    permits a person to operate the aircraft; and

               (b)    a requirement in subregulation (2) is not met while the aircraft is operating.

Penalty:   50 penalty units.

         (2)   A side-facing seat in the aircraft must be equipped with:

                (a)    an approved lap belt and an energy-absorbing rest that would support the arms, shoulders, head and spine of the occupant during an emergency landing; or

               (b)    an approved safety harness that would prevent the occupant’s head being injured by striking an object during an emergency landing.

Source   FARs section 121.311 modified.

         (3)   An offence against subregulation (1) is an offence of strict liability.

90.125    Cabin crew seats

         (1)   The registered operator of an aircraft to which this Subpart applies commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aircraft; or

                         (ii)    permits a person to operate the aircraft; and

               (b)    while the aircraft is operating, a seat or any related equipment that is provided for a cabin crew member does not meet the standard for cabin crew seats and related equipment set out in the Part 90 Manual of Standards.

Penalty:   50 penalty units.

Source   FARs sections 91.521 and 121.311 modified.

         (2)   An offence against subregulation (1) is an offence of strict liability.

90.130    External doors

         (1)   The registered operator of an aircraft to which this Subpart applies commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aircraft; or

                         (ii)    permits a person to operate the aircraft; and

               (b)    a requirement in this regulation is not met while the aircraft is operating.

Penalty:   50 penalty units.

         (2)   An external door in the aircraft must be of a kind that can be opened from both inside and outside the aircraft, unless:

                (a)    the aircraft is an unpressurised small aeroplane; and

               (b)    in the aircraft’s type design the door can be opened from the inside only.

         (3)   The information mentioned in subregulation (4) must be clearly marked:

                (a)    on the inside of each external door; and

               (b)    if an external door can be opened from the outside — on the outside of the external door.

         (4)   For subregulation (3), the information is:

                (a)    the location of the handle; and

               (b)    the operating instructions for the handle; and

                (c)    the position of the handle when the door is properly locked, or another way of showing when the door is properly locked.

         (5)   In a large aeroplane or a pressurised small aeroplane, the design of an external door that, in use, initially opens outwards must allow for the locking mechanism to be visible from inside the aircraft to check whether the locking pins or latches are fully engaged.

         (6)   An external door must also meet the requirements in this Part for an emergency exit.

         (7)   An offence against subregulation (1) is an offence of strict liability.

90.135    Emergency exits

         (1)   The registered operator of an aircraft to which this Subpart applies commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aircraft; or

                         (ii)    permits a person to operate the aircraft; and

               (b)    a requirement in this regulation is not met while the aircraft is operating.

Penalty:   50 penalty units.

         (2)   Subject to paragraph (6) (b), each passenger and crew member in the aircraft must have unobstructed access to at least 1 emergency exit.

         (3)   The location of each emergency exit must be marked so that each seated passenger can see the location of the exit nearest to the passenger.

         (4)   Each passenger compartment in the aircraft must have a sign showing the way to any emergency exit that is not located in the passenger compartment.

         (5)   Instructions showing how to open the emergency exit must be clearly marked on:

                (a)    the inside of each emergency exit; and

               (b)    if an emergency exit can be opened from the outside — on the outside of the emergency exit.

         (6)   If an aircraft has 7 or more seats, including crew seats:

                (a)    each emergency exit sign and the instructions for operating each emergency exit must be provided with lighting so that, if the cabin is in darkness and the cabin lighting is not operating, the sign and instructions can be read by a person attempting to open the emergency exit; and

               (b)    access to an emergency exit must not be blocked by a seat back unless:

                          (i)    the seat back can easily be moved out of the way; and

                         (ii)    instructions for moving the seat back are clearly marked on or near the seat.

         (7)   An offence against subregulation (1) is an offence of strict liability.

90.140    Cargo and baggage compartment lighting

         (1)   The registered operator of an aircraft to which this Subpart applies commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aircraft; or

                         (ii)    permits a person to operate the aircraft; and

               (b)    a requirement in subregulation (2) is not met while the aircraft is operating.

Penalty:   50 penalty units.

         (2)   If the aircraft has lighting within a cargo or baggage compartment, the lamps:

                (a)    must be protected against the possibility of accidental damage; and

               (b)    must be insulated so that any baggage placed adjacent to the lamp is not subjected to excessive heat.

         (3)   An offence against subregulation (1) is an offence of strict liability.

90.145    Thermal/acoustic insulation materials

         (1)   This regulation applies to a large transport category aeroplane.

         (2)   However, this regulation does not apply to an aeroplane
of a particular type if a certificate of airworthiness was issued in respect of at least 1 aeroplane of that type before 1 January 1958.

         (3)   The registered operator of an aeroplane to which this regulation applies commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aeroplane; or

                         (ii)    permits a person to operate the aeroplane; and

               (b)    a requirement in this regulation is not met while the aeroplane is operating.

Penalty:   50 penalty units.

         (4)   If:

                (a)    the aeroplane was manufactured before 2 September 2005; and

               (b)    thermal/acoustic insulation materials have been installed in the fuselage as replacements on or after 2 September 2005; and

                (c)    the materials are:

                          (i)    of a blanket construction; or

                         (ii)    installed around air ducting;

the materials must meet the flame propagation standards of FARs paragraph 25.856 (a), as in force on 2 September 2003.

         (5)   If the aeroplane was manufactured on or after 2 September 2005, any thermal/acoustic insulation materials installed in the fuselage must meet the flame propagation standards of FARs paragraph 25.856 (a), as in force on 2 September 2003.

Source   FARs section 121.312 modified.

         (6)   An offence against subregulation (3) is an offence of strict liability.

Subpart 90.C        Large aeroplanes engaged in air transport operations

Division 90.C.1            General

90.200    Applicability

                This Subpart applies to large aeroplanes engaged in air transport operations.

Division 90.C.2            Emergency exits

90.205    Escape devices

         (1)   The registered operator of a passenger-carrying aeroplane to which this Subpart applies commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aeroplane; or

                         (ii)    permits a person to operate the aeroplane; and

               (b)    a requirement in this regulation is not met while the aeroplane is operating.

Penalty:   50 penalty units.

         (2)   If:

                (a)    the aeroplane has an emergency exit; and

               (b)    the exit:

                          (i)    is higher than 1.83 m above the ground when the aeroplane’s landing gear is extended; and

                         (ii)    is not positioned over the wing;

the aeroplane must be equipped with an escape device to help passengers and members of the crew reach the ground from the aeroplane’s cabin in an emergency.

         (3)   The escape device must meet the standard for escape devices set out in the Part 90 Manual of Standards.

         (4)   However, subregulation (2) does not apply to the rear window emergency exit of a DC-3 aeroplane that is being operated with 35 occupants or fewer.

Source   FARs section 121.310 modified.

         (5)   An offence against subregulation (1) is an offence of strict liability.

90.210    Location of emergency exits

         (1)   This regulation applies to a passenger-carrying aeroplane that:

                (a)    is an aeroplane to which this Subpart applies; and

               (b)    is required under its type certification basis to have 2 or more emergency exits on each side of the fuselage.

Note   For the definition of type certification basis, see the Dictionary.

         (2)   However, this regulation does not apply to an aeroplane that:

                (a)    was in operation before 16 October 1987; and

               (b)    had an emergency exit configuration installed and approved before 16 October 1987.

         (3)   The registered operator of an aeroplane to which this regulation applies commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aeroplane; or

                         (ii)    permits a person to operate the aeroplane; and

               (b)    the requirement in subregulation (4) is not met while the aeroplane is operating.

Penalty:   50 penalty units.

         (4)   The distance between any 2 adjacent emergency exits that lead from the same deck in the aeroplane must be no more than 18.3 m.

         (5)   For subregulation (4), the distance between 2 adjacent emergency exits is measured between the closest edges of the 2 doors, parallel to the aeroplane’s longitudinal axis.

Source   FARs section 121.310 modified.

         (6)   An offence against subregulation (3) is an offence of strict liability.

90.215    Access to emergency exits

         (1)   The registered operator of a passenger-carrying aeroplane to which this Subpart applies commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aeroplane; or

                         (ii)    permits a person to operate the aeroplane; and

               (b)    while the aeroplane is operating, a passageway leading to, or an area providing access to, an emergency exit does not meet the standard for access to emergency exits set out in the Part 90 Manual of Standards.

Penalty:   50 penalty units.

Source   FARs section 121.310 modified.

         (2)   An offence against subregulation (1) is an offence of strict liability.

90.220    Interior emergency exit marking

         (1)   The registered operator of a passenger-carrying aeroplane to which this Subpart applies commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aeroplane; or

                         (ii)    permits a person to operate the aeroplane; and

               (b)    while the aeroplane is operating, the identification marking for an emergency exit on the aeroplane, or a location sign or instruction for opening such an emergency exit, does not meet the standard for interior emergency exit marking set out in the Part 90 Manual of Standards.

Penalty:   50 penalty units.

Source   FARs section 121.310 modified.

         (2)   An offence against subregulation (1) is an offence of strict liability.

90.225    Interior emergency lighting

         (1)   The registered operator of a passenger-carrying transport category aeroplane to which this Subpart applies commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aeroplane; or

                         (ii)    permits a person to operate the aeroplane; and

               (b)    while the aeroplane is operating, the interior emergency lighting system of the aeroplane does not meet the standard for interior emergency lighting set out in the Part 90 Manual of Standards.

Penalty:   50 penalty units.

Source   FARs section 121.310 modified.

         (2)   An offence against subregulation (1) is an offence of strict liability.

90.230    Floor proximity emergency escape path

         (1)   This regulation applies to a passenger-carrying transport category aeroplane that:

                (a)    is an aeroplane to which this Subpart applies; and

               (b)    was originally certificated on or after 1 January 1958; and

                (c)    has 31 or more passenger seats.

Note   On and after 1 March 2012, this regulation will apply to passenger‑carrying transport category aeroplanes that:

(a)   were originally certificated on or after 1 January 1958; and

(b)   have 20 or more passenger seats.

         (2)   The registered operator of an aeroplane to which this regulation applies commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aeroplane; or

                         (ii)    permits a person to operate the aeroplane; and

               (b)    while the aeroplane is operating, the aeroplane does not have a floor proximity emergency escape path that meets the standard for floor proximity emergency escape paths set out in the Part 90 Manual of Standards.

Penalty:   50 penalty units.

Source   FARs section 121.310 modified.

         (3)   An offence against subregulation (2) is an offence of strict liability.

90.235    Exterior emergency exit marking

         (1)   The registered operator of a passenger-carrying aeroplane to which this Subpart applies commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aeroplane; or

                         (ii)    permits a person to operate the aeroplane; and

               (b)    while the aeroplane is operating, the outside of an emergency exit on the aeroplane is not marked so that it meets the standard for exterior emergency exit marking set out in the Part 90 Manual of Standards.

Penalty:   50 penalty units.

Source   FARs section 121.310 modified.

         (2)   An offence against subregulation (1) is an offence of strict liability.

90.240    Exterior emergency lighting

         (1)   The registered operator of a passenger-carrying transport category aeroplane to which this Subpart applies commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aeroplane; or

                         (ii)    permits a person to operate the aeroplane; and

               (b)    while the aeroplane is operating, an over-wing exit on the aeroplane, or an escape device fitted to the aeroplane for regulation 90.205, is not fitted with an exterior emergency lighting system that meets the standard for exterior emergency lighting set out in the Part 90 Manual of Standards.

Penalty:   50 penalty units.

Source   FARs section 121.310 modified.

         (2)   An offence against subregulation (1) is an offence of strict liability.

90.245    Over-wing escape routes

         (1)   The registered operator of a passenger-carrying aeroplane to which this Subpart applies commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aeroplane; or

                         (ii)    permits a person to operate the aeroplane; and

               (b)    while the aeroplane is operating, an over-wing emergency exit on the aeroplane does not have an over-wing escape route that meets the standard for over-wing escape routes set out in the Part 90 Manual of Standards.

Penalty:   50 penalty units.

Source   FARs section 121.310 modified.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Division 90.C.3            Fire protection

90.250    Cabin interiors — materials

         (1)   This regulation applies to a transport category aeroplane that:

                (a)    is an aeroplane to which this Subpart applies; and

               (b)    has 20 or more passenger seats.

         (2)   The registered operator of the aeroplane commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aeroplane; or

                         (ii)    permits a person to operate the aeroplane; and

               (b)    while the aeroplane is operating, the materials used in the interior of the cabin of the aeroplane do not meet the standard for cabin interiors set out in the Part 90 Manual of Standards.

Penalty:   50 penalty units.

Source   FARs section 121.312 modified.

         (3)   Subregulation (2) does not apply to a material used for a passenger seat cushion in an aeroplane to which regulation 90.255 applies.

         (4)   An offence against subregulation (2) is an offence of strict liability.

90.255    Seat cushions — materials

         (1)   This regulation applies to a transport category aeroplane that:

                (a)    is an aeroplane to which this Subpart applies; and

               (b)    has 31 or more passenger seats; and

                (c)    was originally certificated on or after 1 January 1958.

Note   On and after 1 January 2016, this regulation will also apply to:

(a)   transport category aeroplanes that:

        (i)               have 30 passenger seats or fewer; and

        (ii)              were originally certificated on or after 1 January 1958; and

(b)   non-transport category aeroplanes that were originally certificated on or after 1 January 1965.

         (2)   The registered operator of the aeroplane commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aeroplane; or

                         (ii)    permits a person to operate the aeroplane; and

               (b)    while the aeroplane is operating, a seat cushion, other than a flight crew member’s seat cushion, in the aeroplane does not comply with FARs paragraph 25.853 (c), as in force on 26 November 1984.

Penalty:   50 penalty units.

Source   FARs section 121.312 modified.

         (3)   An offence against subregulation (2) is an offence of strict liability.

90.260    Cargo compartment liners — materials

         (1)   This regulation applies to a transport category aeroplane that:

                (a)    is an aeroplane to which this Subpart applies; and

               (b)    was originally certificated on or after 1 January 1958.

         (2)   The registered operator of the aeroplane commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aeroplane; or

                         (ii)    permits a person to operate the aeroplane; and

               (b)    a requirement in subregulation (3) is not met while the aeroplane is operating.

Penalty:   50 penalty units.

         (3)   If the aeroplane has a Class C cargo or baggage compartment, or a Class D cargo or baggage compartment, larger than 5.66 m³, the ceiling and wall liner panels of the compartment must be:

                (a)    constructed of glass fibre reinforced resin; or

               (b)    constructed of 1 or more materials that meet:

                          (i)    the flame penetration test requirements of FARs Part 25, Appendix F, Part III, as in force on 16 June 1986; or

                         (ii)    another approved test; or

                (c)    an aluminium liner installation approved before 20 March 1989.

Source   FARs section 121.314 modified.

         (4)   An offence against subregulation (2) is an offence of strict liability.

90.265    Cargo compartments for aeroplanes engaged in regular public transport operations

         (1)   This regulation applies to a transport category aeroplane that:

                (a)    is an aeroplane to which this Subpart applies; and

               (b)    was originally certificated on or after 1 January 1958; and

                (c)    is engaged in regular public transport operations.

Note   It is anticipated that the application of this regulation will be extended to cover operations mentioned in paragraph 206 (1) (b) of CAR when provisions of Parts 121 and 135 relating to air transport operations commence.

         (2)   The registered operator of the aeroplane commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aeroplane; or

                         (ii)    permits a person to operate the aeroplane; and

               (b)    a requirement in subregulation (3) is not met while the aeroplane is operating.

Penalty:   50 penalty units.

         (3)   If the aeroplane has a Class D cargo or baggage compartment, the compartment must meet:

                (a)    for a passenger-carrying aeroplane — the standards for a Class C cargo or baggage compartment set out in FARs paragraph 25.857 (c) and section 25.858; or

               (b)    for any other aeroplane — the standards for a Class E cargo compartment set out in FARs paragraph 25.857 (e).

Source   FARs section 121.314 modified.

         (4)   An offence against subregulation (2) is an offence of strict liability.

90.270    Toilets

         (1)   The registered operator of a passenger-carrying aeroplane to which this Subpart applies commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aeroplane; or

                         (ii)    permits a person to operate the aeroplane; and

               (b)    a requirement in this regulation is not met while the aeroplane is operating.

Penalty:   50 penalty units.

         (2)   Both sides of the door of each toilet in the aeroplane must have, installed above the door knob or near the door, a placard showing:

                (a)    the words ‘NO SMOKING IN TOILET’ or ‘NO SMOKING’; or

               (b)    a symbol with the same meaning.

         (3)   Each toilet in an aeroplane that has 31 or more passenger seats must be equipped with:

                (a)    a smoke detector that gives a warning signal that can be seen or heard by a flight crew member or cabin crew member; and

               (b)    1 or more built-in fire extinguishers that will, in the event of a fire in a waste receptacle in the toilet, discharge into the receptacle.

Source   FARs section 121.308 modified.

Note   On and after 1 March 2012, this requirement will apply to aeroplanes that have 20 or more passenger seats.

         (4)   An offence against subregulation (1) is an offence of strict liability.

90.275    Thermal/acoustic insulation materials

         (1)   This regulation applies to a transport category aeroplane that:

                (a)    is an aeroplane to which this Subpart applies; and

               (b)    was manufactured on or after 2 September 2009; and

                (c)    has 20 or more passenger seats; and

               (d)    is engaged in regular public transport operations.

Note   It is anticipated that the application of this regulation will be extended to cover operations mentioned in paragraph 206 (1) (b) of CAR when provisions of Parts 121 and 135 relating to air transport operations commence.

         (2)   However, this regulation does not apply to an aeroplane of a particular type if a certificate of airworthiness was issued in respect of at least 1 aeroplane of that type before 1 January 1958.

         (3)   The registered operator of an aeroplane to which this regulation applies commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aeroplane; or

                         (ii)    permits a person to operate the aeroplane; and

               (b)    while the aeroplane is operating, any thermal/acoustic insulation materials installed in the lower half of the aeroplane’s fuselage do not meet the flame penetration resistance standards of FARs paragraph 25.856 (b), as in force on 2 September 2003.

Penalty:   50 penalty units.

Source   FARs section 121.312 modified.

         (4)   An offence against subregulation (3) is an offence of strict liability.

Division 90.C.4            Systems and equipment

90.280    Seats

         (1)   This regulation applies to a transport category aeroplane that:

                (a)    is an aeroplane to which this Subpart applies; and

               (b)    was originally certificated on or after 1 January 1958; and

                (c)    is manufactured on or after 27 October 2009; and

               (d)    is engaged in regular public transport operations.

Note   It is anticipated that the application of this regulation will be extended to cover operations mentioned in paragraph 206 (1) (b) of CAR when provisions of Parts 121 and 135 relating to air transport operations commence.

         (2)   The registered operator of the aeroplane commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aeroplane; or

                         (ii)    permits a person to operate the aeroplane; and

               (b)    while the aeroplane is operating, a seat for a passenger or cabin crew member does not meet the standards of FARs section 25.562, as in force on 16 June 1988.

Penalty:   50 penalty units.

Source   FARs section 121.311 modified.

         (3)   An offence against subregulation (2) is an offence of strict liability.

90.285    Pitot heat indication systems

         (1)   This regulation applies to a turbine-powered transport category aeroplane that:

                (a)    is an aeroplane to which this Subpart applies; and

               (b)    has a flight instrument pitot heating system; and

                (c)    is engaged in regular public transport operations.

Note   It is anticipated that the application of this regulation will be extended to cover operations mentioned in paragraph 206 (1) (b) of CAR when provisions of Parts 121 and 135 relating to air transport operations commence.

         (2)   The registered operator of the aeroplane commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aeroplane; or

                         (ii)    permits a person to operate the aeroplane; and

               (b)    a requirement in this regulation is not met while the aeroplane is operating.

Penalty:   50 penalty units.

         (3)   The aeroplane must have an indication system to indicate to the flight crew if the flight instrument pitot heating system is not operating.

         (4)   The indication system must comply with the following requirements:

                (a)    the indication system must incorporate an amber light that is in clear view of a flight crew member;

               (b)    the indication system must be designed to alert the flight crew if either of the following conditions exists:

                          (i)    the flight instrument pitot heating system is switched off;

                         (ii)    the flight instrument pitot heating system is switched on and any pitot tube heating element is inoperative.

Source   FARs section 121.342 modified.

         (5)   An offence against subregulation (2) is an offence of strict liability.

Note   On and after 1 March 2012, there will also be a requirement for certain aeroplanes to which this Subpart applies to have landing gear aural warning systems that meet the standard set out in the Part 90 Manual of Standards.

Subpart 90.D        Small aeroplanes engaged in air transport operations

90.400    Applicability

                This Subpart applies to small aeroplanes engaged in air transport operations.

90.405    Cargo and baggage compartments

         (1)   The registered operator of an aeroplane that has 10 or more passenger seats and to which this Subpart applies commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aeroplane; or

                         (ii)    permits a person to operate the aeroplane; and

               (b)    a requirement in this regulation is not met while the aeroplane is operating.

Penalty:   50 penalty units.

         (2)   Each compartment for cargo, baggage or both (goods) in the aeroplane must:

                (a)    display a placard showing the maximum load for which the compartment has been designed; and

               (b)    have a means to prevent goods creating a hazard by shifting, or by damaging the aeroplane; and

                (c)    have a means to restrain goods to protect the aeroplane’s occupants from injury in the event of the aeroplane being subjected to a forward inertial load of up to 9 g when the compartment is carrying the maximum weight of goods.

         (3)   If goods are in the passenger compartment of the aeroplane, the compartment must have a means to prevent the passengers being injured by the goods during the emergency landing conditions mentioned in the aeroplane’s type certification basis.

Source   FARs Part 135 Appendix A modified.

         (4)   An offence against subregulation (1) is an offence of strict liability.

90.410    Emergency exits

         (1)   This regulation applies to an aeroplane that:

                (a)    is an aeroplane to which this Subpart applies; and

               (b)    has 10 or more passenger seats; and

                (c)    is engaged in regular public transport operations.

Note   It is anticipated that the application of this regulation will be extended to cover operations mentioned in paragraph 206 (1) (b) of CAR when provisions of Parts 121 and 135 relating to air transport operations commence.

         (2)   The registered operator of the aeroplane commits an offence if:

                (a)    the registered operator:

                          (i)    operates the aeroplane; or

                         (ii)    permits a person to operate the aeroplane; and

               (b)    while the aeroplane is operating, the aeroplane’s emergency exits do not meet the standard for emergency exits set out in the Part 90 Manual of Standards.

Penalty:   50 penalty units.

Source   FARs Part 135 Appendix A modified.

         (3)   An offence against subregulation (2) is an offence of strict liability.

Note   On and after 1 March 2012, there will also be a requirement for certain aeroplanes to which this Subpart applies to have landing gear aural warning systems that meet the standard set out in the Part 90 Manual of Standards.

Subpart 90.E         Helicopters engaged in regular public transport operations

90.600    Applicability

                This Subpart applies to helicopters engaged in regular public transport operations.

Note   It is anticipated that the application of this Subpart will be extended to cover operations mentioned in paragraph 206 (1) (b) of CAR when provisions of Part 133 relating to air transport operations commence.

90.605    Emergency exits

         (1)   The registered operator of a helicopter to which this Subpart applies commits an offence if:

                (a)    the registered operator:

                          (i)    operates the helicopter; or

                         (ii)    permits a person to operate the helicopter; and

               (b)    a requirement in this regulation is not met while the helicopter is operating.

Penalty:   50 penalty units.

         (2)   Each emergency exit must be marked so that its location can be seen from a distance equal to the width of the cabin.

         (3)   There must be a sign on or near each exit that:

                (a)    shows the location of the exit handle; and

               (b)    gives the operating instructions for the handle; and

                (c)    can be read by a person attempting to open the exit.

         (4)   The light for each emergency exit sign must:

                (a)    operate independently of the helicopter’s main lighting system; and

               (b)    be able to be switched on manually; and

                (c)    remain illuminated when the helicopter makes an emergency landing, regardless of whether the light switches on automatically or must be switched on manually.

         (5)   The outside of the fuselage must be marked to show:

                (a)    each emergency exit; and

               (b)    if an exit can be opened from outside — the means by which it can be opened.

         (6)   An offence against subregulation (1) is an offence of strict liability.

 


Part 91               General operating and flight rules

  

Note   This Part is made up as follows:

Subpart 91.A       Applicability and definitions

91.005          Applicability

Subpart 91.D       Operational procedures

91.830          Reduced vertical separation minimum (RVSM) operations

91.850          Required navigation performance (RNP) operations

91.865          Basic area navigation (B‑RNAV) operations

91.870          Precision area navigation (P‑RNAV) operations

91.875          Minimum navigation performance specification (MNPS) operations

91.880          Australian area navigation (AUSEP) operations

91.885          Navigation trial operations

91.890          Area navigation (RNAV) operations

Subpart 91.U       Navigation authorisations

Division 91.U.1        Preliminary

91.5000        Applicability

91.5005        Definition for this Subpart

91.5010        Issue of Manual of Standards

91.5015        How long navigation authorisations remain in force

91.5020        Contravention of conditions of navigation authorisations

91.5025        Removal of aircraft from navigation authorisations — holder ceasing to operate aircraft

91.5030        Aircraft allotted new registration marks

Division 91.U.2        RVSM airworthiness authorisation

Division 91.U.3        RVSM operational authorisation

Division 91.U.4        RNP operational authorisation

91.5150        RNP types

91.5155        Applications for RNP operational authorisation

91.5160        Criteria for grant of RNP operational authorisations

91.5165    RNP operational authorisations

91.5170     Conditions on RNP operational authorisations

Division 91.U.5        B‑RNAV operational authorisation

Division 91.U.6        P‑RNAV operational authorisation


Division 91.U.7        MNPS operational authorisation

Division 91.U.8        AUSEP operational authorisation

Division 91.U.9        Navigation trial operational authorisation

Division 91.U.10      RNAV operational authorisation

Subpart 91.A        Applicability and definitions

91.005    Applicability

         (1)   This Part applies to:

                (a)    the operation of Australian civil aircraft operating in or outside Australian territory; and

               (b)    the operation of a foreign registered civil aircraft flying into or out of, or operating in, Australian territory.

Note   Each Subpart has its own applicability provision to describe its subject‑matter.

         (2)   In spite of paragraph (1) (a):

                (a)    Annex 2, Rules of the Air, to the Chicago Convention applies to the operation of an Australian civil aircraft over the high seas; and

               (b)    the rules of a foreign State relating to the flight and manoeuvre of aircraft apply to the operation of an Australian civil aircraft in that State; and

                (c)    subject to any contrary intention in another provision of this Part, a requirement of this Part applies in the circumstances referred to in paragraph (b) if it is not inconsistent with, or is more stringent than, the corresponding requirement of the law of the foreign State.

Subpart 91.D        Operational procedures

91.830    Reduced vertical separation minimum (RVSM) operations

Note   This regulation heading is reserved for future use. For the rules presently applying to such operations, see regulations 181A to 181X of CAR.

91.850    Required navigation performance (RNP) operations

         (1)   The oper