Federal Register of Legislation - Australian Government

Primary content

SLI 2013 No. 5 Regulations as made
This regulation amends the Civil Aviation Safety Regulations 1998 (the CASR) and the Civil Aviation Regulations 1988 (the CAR). New Parts 61, 64, 141 and 142, pertaining to flight crew licensing and training, and authorisations for non-licensed personnel are added to the CASR. Various consequential, transitional and savings amendments are made to the CASR and to the CAR, including the insertion of a new Part 5 of the CAR dealing with balloon flight crew licensing. The main objective of the amendments is to strengthen safety standards for aviation licensing and training, and further align Australian requirements with the Standards and Recommended Practices of the International Civil Aviation Organization (ICAO).
Administered by: Infrastructure and Transport
Made 14 Feb 2013
Registered 19 Feb 2013
Tabled HR 12 Mar 2013
Tabled Senate 25 Feb 2013
Date of repeal 02 Sep 2014
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003
Table of contents.

Commonwealth Coat of Arms

Civil Aviation Legislation Amendment Regulation 2013 (No. 1)1

Select Legislative Instrument 2013 No. 5

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Civil Aviation Act 1988.

Dated 14 February 2013

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ANTHONY ALBANESE


Contents

                        1      Name of regulation                                                          2

                        2      Commencement                                                              2

                        3      Amendment of Civil Aviation Safety Regulations 1998       2

                        4      Amendment of Civil Aviation Regulations 1988                  2

Schedule 1                  Amendments of Civil Aviation Safety Regulations 1998  3

Schedule 2                  Amendments of Civil Aviation Regulations 1988         456

 

 


1              Name of regulation

                This regulation is the Civil Aviation Legislation Amendment Regulation 2013 (No. 1).

2              Commencement

                This regulation commences on 4 December 2013.

3              Amendment of Civil Aviation Safety Regulations 1998

                Schedule 1 amends the Civil Aviation Safety Regulations 1998.

4              Amendment of Civil Aviation Regulations 1988

                Schedule 2 amends the Civil Aviation Regulations 1988.


Schedule 1        Amendments of Civil Aviation Safety Regulations 1998

(section 3)

  

[1]           After regulation 11.025

insert

11.028    Application of Part 11 to examiners, instructors and approval holders

                If these Regulations allow an application for an authorisation to be made to an examiner or instructor, or the holder of an approval under regulation 61.040, 141.035 or 142.040, a reference in this Part to CASA includes, in relation to such an application, a reference to the examiner, instructor or approval holder to whom the application is made.

[2]           Table 13.375, item 5, column 2

omit

paragraph 5.08 (a)

insert

paragraph 5.08 (b)

[3]           Table 13.375, item 6, column 2

omit

paragraphs 5.08 (b) to (m) of CAR

insert

paragraph 5.08 (a) of CAR or a pilot licence

[4]           Table 13.375, item 7, column 2

omit

licence referred to in paragraph 5.08 (o) or (p) of CAR

insert

flight engineer licence

[5]           Regulation 21.037

substitute

21.037    Flight test pilot

                Each applicant for a type certificate mentioned in regulation 21.021 (except a type certificate issued under regulation 21.029) must provide a person holding an appropriate:

                (a)    class rating; or

               (b)    type rating; or

                (c)    balloon class endorsement within the meaning of subregulation 5.01 (1) of CAR; or

               (d)    authorisation under regulation 61.140; or

                (e)    authorisation under regulation 5.50 of CAR;

to make the flight tests required by this Part.

Source  FARs section 21.37 modified.

[6]           Table 42.300, item 3, column 3, paragraph (c)

omit

under Part 5 of CAR,

insert

under Part 61,

[7]           Table 42.300, item 4, column 3, paragraph (b)

omit

under Part 5 of CAR,

insert

under Part 61,

[8]           Table 42.300, item 5, column 3, paragraph (b)

omit

under Part 5 of CAR,

insert

under Part 61,

[9]           Subparagraph 42.335 (c) (ii)

omit

under Part 5 of CAR

insert

under Part 61

[10]         Paragraph 42.630 (2) (c)

omit each mention of

under Part 5 of CAR,

insert

under Part 61,

[11]         Regulation 60.055, heading

substitute

60.055    Flight simulator and flight training device approvals—persons other than Part 141 operators and Part 142 operators

[12]         Subregulation 60.055 (1), except the notes

substitute

         (1)   This regulation applies to a person, other than a Part 141 operator or a Part 142 operator, who proposes to be the user of a qualified flight simulator or a qualified flight training device.

   (1AA)   The person must apply to CASA, in writing, for approval to use the simulator or device.

[13]         Regulation 60.060, heading

substitute

60.060    Quality system—operators other than Part 141 operators and Part 142 operators

[14]         Subregulation 60.060 (1)

substitute

         (1)   This regulation applies to the operator of a qualified flight simulator or a qualified flight training device, other than a Part 141 operator or a Part 142 operator.

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

[15]         Parts 61 to 64

substitute

Part 61               Flight crew licensing

  

Note   This Part is made up as follows:

Subpart 61.A              Preliminary

Division 61.A.1              General

61.005             What Part 61 is about

61.010             Definitions for Part 61

61.015             Definition of category of aircraft for Part 61

61.020             Definition of class of aircraft for Part 61

61.025             Definition of aeroplane for Part 61

61.030             Definition of modified Austroads medical standards for Part 61

61.035             Issue of Manual of Standards for Part 61

61.040             Approvals by CASA for Part 61

61.045             Prescription of qualification standards for flight simulation training devices

61.047             Prescription of recognised foreign States

61.050             Prescription of multi‑engine aeroplanes included in single‑engine aeroplane class

61.055             Prescription of type ratings and variants—multi‑crew aircraft

61.060             Prescription of type ratings—single‑pilot aircraft

61.065             Conduct of unauthorised activities—holders of flight crew licences

Division 61.A.2              Flight time and other aeronautical experience

61.070             Flight to which Division 61.A.2 applies

61.075             Definition of aeronautical experience for Part 61

61.080             Definition of flight time as pilot for Part 61

61.085             Definition of flight time as co-pilot for Part 61

61.090             Definition of flight time as pilot in command for Part 61

61.095             Definition of flight time as pilot in command under supervision for Part 61

61.100             Definition of flight time as flight engineer for Part 61

61.105             Definition of instrument flight time for Part 61

61.110             Definition of instrument ground time for Part 61

Division 61.A.3              Performing flight crew duties without licence, rating or endorsement

61.115             Flying without licence

61.120             Operation of aircraft radio without licence

61.125             Conducting flight activities without rating or endorsement

61.130             Operation of helicopter using auto flight control system without licence or rating

61.135             Authorisation to conduct flight training or flight test without holding type rating

61.140             Authorisation to test aircraft without holding type rating

61.145             Piloting glider without holding glider pilot licence

Subpart 61.B             Grant of flight crew licences, ratings and endorsements

Division 61.B.1             General

61.150             People who may grant flight crew licences, ratings and endorsements

61.155             Applications for flight crew licences, ratings and endorsements

61.160             Grant of flight crew licences

61.165             Grant of flight crew ratings

61.170             Grant of flight crew endorsements

61.175             How CASA issues flight crew licences, ratings and endorsements

61.180             How examiner, instructor or approval holder issues rating or endorsement

61.185             New licence document if licence, rating or endorsement cancelled

61.190             Licence holder to comply with limitations and requirements of Part 61

Division 61.B.2             Flight training and other training

61.195             Flight training requirements

61.200             Differences training requirements

61.205             When training must not be conducted in aircraft

61.210             Other approved courses of training or professional development

Division 61.B.3             Aeronautical knowledge examinations

61.215             Aeronautical knowledge examinations—general

61.220             Aeronautical knowledge examinations—air transport pilot licence

61.225             Aeronautical knowledge examinations—pass standards

61.230             Aeronautical knowledge examinations—knowledge deficiency reports

Division 61.B.4             Flight tests

61.235             Flight tests for flight crew licences and ratings—prerequisites

61.240             Consequences of taking flight test when ineligible

61.245             Conduct of flight tests for flight crew licences, ratings and endorsements

61.250             Pass standards for flight tests

Division 61.B.5             English language proficiency

61.255             Aviation English language proficiency assessments

61.260             Duration of English language proficiency assessments

61.265             Recreational and student pilot licences—general English language proficiency

61.270             Approval of language proficiency assessors

Division 61.B.6             Recognition of overseas flight crew authorisations

61.275             Overseas flight crew authorisations—recognition

61.280             Grant of flight crew licences, ratings or endorsements under bilateral agreements

Division 61.B.7             Recognition of Australian Defence Force qualifications

61.285             Australian Defence Force qualifications—recognition

Subpart 61.C             Certificates of validation

61.290             Grant of certificates of validation

61.295             Privileges of certificates of validation

61.300             Limitations on exercise of privileges of certificates of validation—medical certificate

61.305             Limitations on exercise of privileges of certificates of validation—recent experience, flight review and proficiency check

61.310             Limitations on exercise of privileges of certificates of validation—carriage of documents

61.315             Conduct of unauthorised activities by holders of certificates of validation

61.320             Certificates of validation—period of validity

61.325             Certificates of validation—renewal

Subpart 61.D             General obligations of flight crew licence holders

61.330             Maintenance of aviation English language proficiency—conducting flight activities outside Australia

61.335             Identity checks

61.340             Production of licence documents, medical certificates and identification

61.345             Personal logbooks—pilots

61.350             Personal logbooks—flight engineers

61.355             Retention of personal logbooks

61.360             False entries in personal logbooks

61.365             Production of personal logbooks

61.370             Provision of photograph

Subpart 61.E              Pilot licensing—general limitations and authorisations

Division 61.E.1              General limitations on exercise of pilot licence privileges

61.375             Limitations on exercise of privileges of pilot licences—ratings

61.380             Limitations on exercise of privileges of pilot licences—flight activity endorsements

61.385             Limitations on exercise of privileges of pilot licences—general competency requirement

61.390             Limitations on exercise of privileges of pilot licences—operating requirements and limitations

61.395             Limitations on exercise of privileges of pilot licences—recent experience

61.400             Limitations on exercise of privileges of pilot licences—flight review

61.405             Limitations on exercise of privileges of pilot licences—medical certificates: student and recreational pilot licence holders

61.410             Limitations on exercise of privileges of pilot licences—medical certificates: private pilot licence holders

61.415             Limitations on exercise of privileges of pilot licences—medical certificates: commercial, multi‑crew and air transport pilot licence holders

61.420             Limitations on exercise of privileges of pilot licences—carriage of documents

61.425             Limitations on exercise of privileges of pilot licences—unregistered aircraft

61.427             Removal of certain pilot licence conditions about airspace

Division 61.E.2              General authorisations for pilot licences

61.430             Holders of pilot licences authorised to taxi aircraft

61.435             When holders of pilot licences authorised to operate aircraft radio

Subpart 61.F              Student pilot licences

61.440             Privileges of student pilot licences

61.445             Limitations on exercise of privileges of student pilot licences—general

61.450             Limitations on exercise of privileges of student pilot licences—recent experience

61.455             Requirement for grant of student pilot licences

Subpart 61.G             Recreational pilot licences

Division 61.G.1             Privileges and grant of licences

61.460             Privileges of recreational pilot licences

61.465             Limitations on exercise of privileges of recreational pilot licences—general

61.470             Limitations on exercise of privileges of recreational pilot licences—endorsements

61.475             Requirements for grant of recreational pilot licences

61.480             Grant of recreational pilot licences in recognition of pilot certificates granted by certain organisations

Division 61.G.2             Recreational pilot licence endorsements

61.485             Kinds of recreational pilot licence endorsements

61.490             Privileges of recreational pilot licence endorsements

61.495             Requirements for grant of recreational pilot licence endorsements

61.500             Grant of endorsement in recognition of other qualifications

Subpart 61.H             Private pilot licences

Division 61.H.1             General

61.505             Privileges of private pilot licences

61.510             Limitations on exercise of privileges of private pilot licences—multi‑crew operations

61.515             Requirements for grant of private pilot licences—general

Division 61.H.2             Aeronautical experience requirements for private pilot licences—applicants who have completed integrated training courses

61.520             Application of Division 61.H.2

61.525             Aeronautical experience requirements for grant of private pilot licences—aeroplane category

61.530             Aeronautical experience requirements for grant of private pilot licences—helicopter category

61.535             Aeronautical experience requirements for grant of private pilot licences—gyroplane category

Division 61.H.3             Aeronautical experience requirements for private pilot licences—applicants who have not completed integrated training courses

61.540             Application of Division 61.H.3

61.545             Aeronautical experience requirements for grant of private pilot licences—aeroplane category

61.550             Aeronautical experience requirements for grant of private pilot licences—helicopter category

61.555             Aeronautical experience requirements for grant of private pilot licences—powered‑lift aircraft category

61.560             Aeronautical experience requirements for grant of private pilot licences—gyroplane category

61.565             Aeronautical experience requirements for grant of private pilot licences—airship category

Subpart 61.I               Commercial pilot licences

Division 61.I.1               General

61.570             Privileges of commercial pilot licences

61.575             Limitations on exercise of privileges of commercial pilot licences—multi‑crew operations

61.580             Requirements for grant of commercial pilot licences—general

Division 61.I.2               Aeronautical experience requirements for commercial pilot licences—applicants who have completed integrated training courses

61.585             Application of Division 61.I.2

61.590             Aeronautical experience requirements for grant of commercial pilot licences—aeroplane category

61.595             Aeronautical experience requirements for grant of commercial pilot licences—helicopter category

61.600             Aeronautical experience requirements for grant of commercial pilot licences—powered‑lift aircraft category

Division 61.I.3               Aeronautical experience requirements for commercial pilot licences—applicants who have not completed integrated training courses

61.605             Application of Division 61.I.3

61.610             Aeronautical experience requirements for grant of commercial pilot licences—aeroplane category

61.615             Aeronautical experience requirements for grant of commercial pilot licences—helicopter category

61.620             Aeronautical experience requirements for grant of commercial pilot licences—powered‑lift aircraft category

61.625             Aeronautical experience requirements for grant of commercial pilot licences—gyroplane category

61.630             Aeronautical experience requirements for grant of commercial pilot licences—airship category

Subpart 61.J              Multi‑crew pilot licences

61.635             Privileges of multi‑crew pilot licences

61.640             Limitations on exercise of privileges of multi‑crew pilot licences—IFR flight: general

61.645             Limitations on exercise of privileges of multi‑crew pilot licences—IFR flight: recent experience

61.650             Limitations on exercise of privileges of multi‑crew pilot licences—instrument proficiency check

61.655             Requirements for grant of multi‑crew pilot licences

61.660             Aeronautical experience requirements for grant of multi‑crew pilot licences—aeroplane category

Subpart 61.K             Air transport pilot licences

61.665             Privileges of air transport pilot licences

61.670             Limitations on exercise of privileges of air transport pilot licences—helicopter IFR flight

61.675             Limitations on exercise of privileges of air transport pilot licences—single‑pilot IFR flight

61.680             Limitations on exercise of privileges of air transport pilot licences—IFR flight: general

61.685             Limitations on exercise of privileges of air transport pilot licences—IFR flight: recent experience

61.690             Limitations on exercise of privileges of air transport pilot licences—single‑pilot IFR flight: recent experience

61.695             Limitations on exercise of privileges of air transport pilot licences—instrument proficiency check

61.700             Requirements for grant of air transport pilot licences—general

61.705             Aeronautical experience requirements for grant of air transport pilot licences—aeroplane category

61.710             Aeronautical experience requirements for grant of air transport pilot licences—helicopter category

61.715             Aeronautical experience requirements for grant of air transport pilot licences—powered‑lift aircraft category

Subpart 61.L              Aircraft ratings and endorsements for pilot licences

Division 61.L.1              Preliminary

61.720             What Subpart 61.L is about

Division 61.L.2              Aircraft category ratings

61.725             Privileges of aircraft category ratings

61.730             Requirements for grant of aircraft category ratings

Division 61.L.3              Aircraft class ratings

61.735             Privileges of aircraft class ratings

61.740             Limitations on exercise of privileges of aircraft class ratings—design feature endorsements

61.745             Limitations on exercise of privileges of aircraft class ratings—flight review

61.750             Requirements for grant of aircraft class ratings

Division 61.L.4              Design feature endorsements

61.755             Design features that require design feature endorsement

61.760             Privileges of design feature endorsements

61.765             Requirements for grant of design feature endorsements

Division 61.L.5              Pilot type ratings

61.770             Privileges of pilot type ratings

61.775             Limitations on exercise of privileges of pilot type ratings—flight test in flight simulator

61.780             Limitations on exercise of privileges of pilot type ratings—variants

61.785             Limitations on exercise of privileges of pilot type ratings—single‑pilot operation and multi‑crew operation

61.790             Limitations on exercise of privileges of pilot type ratings—IFR operation

61.795             Limitations on exercise of privileges of pilot type ratings—recent experience on variant

61.800             Limitations on exercise of privileges of pilot type ratings—flight review

61.805             Limitations on exercise of privileges of type ratings—instrument proficiency check

61.810             Requirements for grant of pilot type ratings

61.815             Person taken to meet requirements for grant of pilot type rating—multi‑crew or air transport pilot licence holder

61.820             Person taken to meet requirements for grant of pilot type rating—new type rating

61.822             Removal of type rating condition about acting as pilot in command

Division 61.L.6              Cruise relief type ratings

61.825             Kinds of cruise relief type rating

61.830             Privileges of cruise relief type ratings

61.835             Limitations on exercise of privileges of cruise relief type ratings—general

61.840             Limitations on exercise of privileges of cruise relief type ratings—recent experience

61.845             Requirements for grant of cruise relief type ratings

61.850             Person taken to meet requirements for grant of cruise relief type rating—new type rating

Subpart 61.M             Instrument ratings

Division 61.M.1             Privileges and requirements for grant of instrument ratings

61.855             Privileges of instrument ratings

61.860             Limitations on exercise of privileges of instrument ratings—general

61.865             Limitations on exercise of privileges of instrument ratings—endorsements

61.870             Limitations on exercise of privileges of instrument ratings—recent experience: general

61.875             Limitations on exercise of privileges of instrument ratings—recent experience: single pilot

61.880             Limitations on exercise of privileges of instrument ratings—instrument proficiency check

61.885             Requirements for grant of instrument ratings

61.887             Removal of instrument rating conditions about acting as pilot in command under IFR

Division 61.M.2             Privileges and requirements for grant of instrument endorsements

61.890             Kinds of instrument endorsement

61.895             Privileges of instrument endorsements

61.900             Limitations on exercise of privileges of instrument endorsements

61.905             Requirements for grant of instrument endorsements

Subpart 61.N             Private instrument ratings

Division 61.N.1             Privileges and requirements for grant of private instrument ratings

61.910             Privileges of private instrument ratings

61.915             Limitations on exercise of privileges of private instrument ratings—endorsements

61.920             Limitations on exercise of privileges of private instrument ratings—recent experience

61.925             Limitations on exercise of privileges of private instrument ratings—flight review

61.930             Requirements for grant of private instrument ratings

Division 61.N.2             Privileges and requirements for grant of private instrument endorsements

61.935             Kinds of private instrument endorsement

61.940             Privileges of private instrument endorsements

61.945             Limitations on exercise of privileges of private instrument endorsements

61.950             Requirements for grant of private instrument endorsements

Subpart 61.O             Night VFR ratings

Division 61.O.1             Privileges and requirements for grant of night VFR ratings

61.955             Privileges of night VFR ratings

61.960             Limitations on exercise of privileges of night VFR ratings—endorsements

61.965             Limitations on exercise of privileges of night VFR ratings—recent experience

61.970             Limitations on exercise of privileges of night VFR ratings—flight review

61.975             Requirements for grant of night VFR ratings

Division 61.O.2             Privileges and requirements for grant of night VFR endorsements

61.980             Kinds of night VFR endorsement

61.985             Privileges of night VFR endorsements

61.990             Requirements for grant of night VFR endorsements

Subpart 61.P              Night vision imaging system ratings

Division 61.P.1              Privileges and requirements for grant of night vision imaging system ratings

61.995             Privileges of night vision imaging system ratings

61.1000           Limitations on exercise of privileges of night vision imaging system ratings—general

61.1005           Limitations on exercise of privileges of night vision imaging system ratings—endorsements

61.1010           Limitations on exercise of privileges of night vision imaging system ratings—recent experience

61.1015           Limitations on exercise of privileges of night vision imaging system ratings—night vision imaging system proficiency check

61.1020           Requirements for grant of night vision imaging system ratings

Division 61.P.2              Privileges and requirements for grant of night vision imaging system endorsements

61.1025           Kinds of night vision imaging system endorsement

61.1030           Privileges of night vision imaging system endorsements

61.1035           Requirements for grant of night vision imaging system endorsements

Subpart 61.Q             Low‑level ratings

Division 61.Q.1             Privileges and requirements for grant of low‑level ratings

61.1040           Privileges of low‑level ratings

61.1045           Limitations on exercise of privileges of low‑level ratings—general

61.1050           Limitations on exercise of privileges of low‑level ratings—endorsements

61.1055           Limitations on exercise of privileges of low‑level ratings—recent experience

61.1060           Limitations on exercise of privileges of low‑level ratings—flight review

61.1070           Requirements for grant of low‑level ratings

Division 61.Q.2             Privileges and requirements for grant of low‑level endorsements

61.1075           Kinds of low‑level endorsement

61.1080           Privileges of low‑level endorsements

61.1085           Requirements for grant of low‑level endorsements

Subpart 61.R             Aerial application ratings

Division 61.R.1             Privileges and requirements for grant of aerial application ratings

61.1090           Privileges of aerial application ratings

61.1100           Limitations on exercise of privileges of aerial application ratings—endorsements

61.1105           Limitations on exercise of privileges of aerial application ratings—recent experience

61.1110           Limitations on exercise of privileges of aerial application ratings—aerial application proficiency check

61.1115           Requirements for grant of aerial application ratings

Division 61.R.2             Privileges and requirements for grant of aerial application endorsements

61.1120           Kinds of aerial application endorsement

61.1125           Privileges of aerial application endorsements

61.1130           Limitations on exercise of privileges of aerial application endorsements—supervision

61.1135           Limitations on exercise of privileges of night aerial application endorsements

61.1140           Requirements for grant of aerial application endorsements

Subpart 61.S              Flight activity endorsements

61.1145           Kinds of flight activity endorsement

61.1150           Privileges of flight activity endorsements

61.1155           Limitations on exercise of privileges of flight activity endorsements—medical certificates

61.1160           Requirements for grant of flight activity endorsements

Subpart 61.T              Pilot instructor ratings

Division 61.T.1              Privileges and requirements for grant of flight instructor ratings

61.1165           Privileges of flight instructor ratings

61.1170           Limitations on exercise of privileges of flight instructor ratings—general

61.1175           Limitations on exercise of privileges of flight instructor ratings—endorsements

61.1180           Limitations on exercise of privileges of flight instructor ratings—instructor proficiency check

61.1185           Requirements for grant of flight instructor ratings

Division 61.T.2              Privileges and requirements for grant of simulator instructor ratings

61.1190           Privileges of simulator instructor ratings

61.1195           Limitations on exercise of privileges of simulator instructor ratings—general

61.1200           Limitations on exercise of privileges of simulator instructor ratings—endorsements

61.1205           Limitations on exercise of privileges of simulator instructor ratings—instructor proficiency check

61.1210           Requirements for grant of simulator instructor ratings

Division 61.T.3              Obligations of pilot instructors

61.1215           Obligations of pilot instructors—training

61.1220           Obligations of pilot instructors—flight reviews

61.1225           Obligations of pilot instructors—holders of student pilot licences

61.1230           Obligations of pilot instructors—records of activities conducted independently of Part 141 or 142 operator

Division 61.T.4              Privileges and requirements for grant of training endorsements

61.1235           Kinds of training endorsement

61.1240           Privileges of training endorsements

61.1245           Limitations on exercise of privileges of training endorsements

61.1250           Requirements for grant of training endorsements

Subpart 61.U             Flight examiner ratings

Division 61.U.1             Privileges and requirements for grant of flight examiner ratings

61.1255           Privileges of flight examiner ratings

61.1260           Limitations on exercise of privileges of flight examiner ratings—general

61.1265           Limitations on exercise of privileges of flight examiner ratings—endorsements

61.1270           Limitations on exercise of privileges of flight examiner ratings—professional development

61.1275           Limitations on exercise of privileges of flight examiner ratings—recent experience

61.1280           Limitations on exercise of privileges of flight examiner ratings—flight reviews and subject matter proficiency checks

61.1285           Limitations on exercise of privileges of flight examiner ratings—examiner proficiency check

61.1290           Requirements for grant of flight examiner ratings

Division 61.U.2             Obligations of flight examiners

61.1295           Obligations of flight examiners—flight tests: strict liability offences

61.1300           Obligations of flight examiners—flight tests: other offences

61.1305           Obligations of flight examiners—proficiency checks

Division 61.U.3             Privileges and requirements for grant of flight examiner endorsements

61.1310           Kinds of flight examiner endorsement

61.1315           Privileges of flight examiner endorsements

61.1320           Requirements for grant of flight examiner endorsements

Subpart 61.V              Flight engineer licences

61.1325           Privileges of flight engineer licences

61.1330           Limitations on exercise of privileges of flight engineer licences—ratings

61.1335           Limitations on exercise of privileges of flight engineer licences—recent experience

61.1340           Limitations on exercise of privileges of flight engineer licences—flight review

61.1345           Limitations on exercise of privileges of flight engineer licences—current medical certificates

61.1350           Limitations on exercise of privileges of flight engineer licences—carriage of documents

61.1355           Certain holders of flight engineer licences authorised to operate aircraft radio

61.1360           Requirements for grant of flight engineer licences

Subpart 61.W             Flight engineer type ratings

61.1365           Privileges of flight engineer type ratings

61.1370           Limitations on exercise of privileges of flight engineer type ratings—general

61.1375           Limitations on exercise of privileges of flight engineer type ratings—recent experience on variant

61.1380           Limitations on exercise of privileges of flight engineer type ratings—flight review

61.1385           Requirements for grant of flight engineer type ratings

61.1390           Person taken to meet requirements for grant of flight engineer type rating—new type rating

Subpart 61.X              Flight engineer instructor ratings

Division 61.X.1              Privileges and requirements for grant of flight engineer instructor ratings

61.1395           Privileges of flight engineer instructor ratings

61.1400           Limitations on exercise of privileges of flight engineer instructor ratings—general

61.1405           Limitations on exercise of privileges of flight engineer instructor ratings—endorsements

61.1410           Limitations on exercise of privileges of flight engineer instructor ratings—instructor proficiency check

61.1415           Requirements for grant of flight engineer instructor ratings

Division 61.X.2              Obligations of flight engineer instructors

61.1420           Obligations of flight engineer instructors—training

61.1425           Obligations of flight engineer instructors—flight review

Division 61.X.3              Privileges and requirements for grant of flight engineer training endorsements

61.1430           Kinds of flight engineer training endorsement

61.1435           Privileges of flight engineer training endorsements

61.1440           Requirements for grant of flight engineer training endorsements

Subpart 61.Y              Flight engineer examiner ratings

Division 61.Y.1              Privileges and requirements for grant of flight engineer examiner ratings

61.1445           Privileges of flight engineer examiner ratings

61.1450           Limitations on exercise of privileges of flight engineer examiner ratings—general

61.1455           Limitations on exercise of privileges of flight engineer examiner ratings—endorsements

61.1460           Limitations on exercise of privileges of flight engineer examiner ratings—professional development

61.1465           Limitations on exercise of privileges of flight engineer examiner ratings—recent experience

61.1470           Limitations on exercise of privileges of flight engineer examiner ratings—examiner proficiency check

61.1475           Requirements for grant of flight engineer examiner ratings

Division 61.Y.2              Obligations of flight engineer examiners

61.1480           Obligations of flight engineer examiners—flight tests: strict liability offences

61.1485           Obligations of flight engineer examiners—flight tests: other offences

61.1490           Obligations of flight engineer examiners—proficiency checks

Division 61.Y.3              Privileges and requirements for grant of flight engineer examiner endorsements

61.1495           Kinds of flight engineer examiner endorsement

61.1500           Privileges of flight engineer examiner endorsements

61.1505           Requirements for grant of flight engineer examiner endorsements

Subpart 61.Z              Glider pilot licences

61.1510           Privileges of glider pilot licences

61.1515           Limitations on exercise of privileges of glider pilot licences—general

61.1520           Limitations on exercise of privileges of glider pilot licences—recent experience

61.1525           Limitations on exercise of privileges of glider pilot licences—flight review

61.1530           Limitations on exercise of privileges of glider pilot licences—medical certificates

61.1535           Limitations on exercise of privileges of glider pilot licences—carriage of documents

61.1540           Requirements for grant of glider pilot licences

Subpart 61.A        Preliminary

Division 61.A.1            General

61.005    What Part 61 is about

         (1)   This Part sets out the licensing scheme for pilots and flight engineers of registered aircraft.

         (2)   Subpart 61.A sets out:

                (a)    preliminary matters; and

               (b)    when a flight crew licence, rating or endorsement is not required.

         (3)   Subpart 61.B sets out:

                (a)    the general requirements for the grant of a flight crew licence, rating or endorsement; and

               (b)    the requirements for the grant of a flight crew licence, rating or endorsement in recognition of an overseas or military qualification.

Note   A reference to a flight crew licence includes a glider pilot licence: see the definition of flight crew licence in regulation 61.010.

         (4)   Subpart 61.C sets out rules relating to a certificate of validation of an overseas qualification, including:

                (a)    requirements for the grant of a certificate of validation; and

               (b)    the effect of a certificate of validation.

         (5)   Subpart 61.D sets out obligations that apply to all holders of flight crew licences, ratings and endorsements.

         (6)   Subpart 61.E:

                (a)    sets out limitations that apply to the exercise of the privileges of all pilot licences; and

               (b)    provides for the authorisations to taxi an aircraft and to operate an aircraft radio.

Note   A reference to a pilot licence does not include a glider pilot licence: see the definition of pilot licence in regulation 61.010.

         (7)   Subparts 61.F to 61.K make particular provision for each kind of pilot licence, including:

                (a)    the privileges of the licence; and

               (b)    limitations on the exercise of the privileges; and

                (c)    the requirements for the grant of the licence.

         (8)   Subparts 61.L to 61.U provide for ratings and endorsements on pilot licences, setting out:

                (a)    the privileges of each rating or endorsement; and

               (b)    limitations on the exercise of the privileges of the rating or endorsement; and

                (c)    the requirements for the grant of the rating or endorsement; and

               (d)    for the flight instructor, simulator instructor and flight examiner ratings—obligations that apply to the holder of the rating.

         (9)   Subparts 61.V to 61.Y provide for flight engineer licences, and ratings and endorsements on flight engineer licences.

       (10)   Subpart 61.Z makes particular provision for glider pilot licences.

61.010    Definitions for Part 61

                In this Part:

aerial application endorsement means an endorsement mentioned in column 1 of table 61.1120.

aerial application operation means a flight that is carried out by an aircraft to apply application material.

aerial application proficiency check means an assessment, against the standards mentioned in the Part 61 Manual of Standards, of a pilot’s competency to exercise the privileges of an aerial application rating.

aeronautical experience: see regulation 61.075.

aeronautical knowledge examination, for a flight crew licence, rating or endorsement, means an examination set under regulation 61.215 for the grant of the licence, rating or endorsement.

aeroplane: see regulation 61.025.

approved course of professional development, for a provision of this Part, means a course of professional development for which the provider holds an approval under regulation 61.040 for the provision.

approved course of training, for a provision of this Part, means a course of training:

                (a)    for which the provider holds an approval under regulation 61.040 for the provision; or

               (b)    that a Part 141 or 142 operator is authorised to conduct; or

                (c)    that a person holds an approval under regulation 141.035 or 142.040 to conduct.

approved cyclic training and proficiency program, for an operator, means a cyclic training and proficiency program for which the operator holds an approval under regulation 217 of CAR.

approved flight simulation training device: a flight simulation training device is an approved flight simulation training device for a purpose if:

                (a)    a Part 141 or 142 operator’s exposition states that the device may be used for the purpose; or

               (b)    the operator of the device holds an approval under regulation 60.055 to use the device for the purpose; or

                (c)    the device is:

                          (i)    qualified (however described) by the national aviation authority of a recognised foreign State; and

                         (ii)    appropriate for the purpose.

approved flight simulator: a flight simulator is an approved flight simulator for a purpose if:

                (a)    a Part 141 or 142 operator’s exposition states that the simulator may be used for the purpose; or

               (b)    the operator of the simulator holds an approval under regulation 60.055 to use the simulator for the purpose; or

                (c)    the simulator is:

                          (i)    qualified (however described) by the national aviation authority of a recognised foreign State; and

                         (ii)    appropriate for the purpose.

associated: an aircraft category rating is associated with a pilot licence if:

                (a)    for an application for the pilot licence—the application includes an application for the rating; or

               (b)    in any other case—the rating was granted on the basis of the applicant having met the requirements for the grant of the pilot licence with the rating.

Note   An aircraft category rating has effect only for the pilot licence with which it is associated: see regulation 61.725.

aviation English language proficiency assessment means an aviation English language proficiency assessment conducted under regulation 61.255.

aviation English language proficiency assessor means the holder of an approval under regulation 61.270 to conduct an aviation English language proficiency assessment.

azimuth guidance procedure means an instrument approach procedure that uses azimuth bearings for lateral navigation guidance.

category of aircraft: see regulation 61.015.

category specific: a rating or endorsement is category specific if the rating or endorsement applies only to an aircraft category that is specified on the rating or endorsement.

Certificate IV in Training and Assessment means a Certificate IV in Training and Assessment issued by a registered training organisation under the Australian Qualifications Framework.

Note   See www.aqf.edu.au/.

certificate of validation means a certificate of validation granted under Subpart 61.C.

circling approach, for the landing of an aeroplane, means an instrument approach that includes a visual circling manoeuvre requiring a change of heading of greater than 90° to position the aeroplane on the centreline of the runway used for the landing.

class of aircraft: see regulation 61.020.

conduct, as a verb, means:

                (a)    in relation to a flight operation—to occupy a flight control seat in an aircraft while the operation takes place; or

               (b)    in relation to a simulated flight operation—to occupy a flight control seat in a flight simulation training device while the simulated operation takes place; or

                (c)    in relation to an operation of a tethered helicopter—to occupy a flight control seat in the tethered helicopter while the operation takes place.

course deviation indicator procedure means an instrument approach procedure that uses a course deviation indicator for lateral guidance.

cross‑country flight means a flight along a pre‑planned route during which the pilot uses geometry, topography or radio navigation aids to determine the aircraft’s position and course.

cross‑country flight time means flight time accrued during a cross‑country flight.

cruise relief type rating means:

                (a)    a cruise relief co‑pilot type rating; or

               (b)    a cruise relief flight engineer type rating.

current:

                (a)    for an aviation English language proficiency assessment: see regulation 61.260; and

               (b)    for a recreational aviation medical practitioner’s certificate—see subregulation 61.405 (3); and

                (c)    for a certificate of validation or medical certificate—means a certificate that is in force.

differences training, for a variant, means the training mentioned in regulation 61.200 for the variant.

dual cross‑country flight time means cross‑country flight time that is conducted in dual flight.

dual flight means flight conducted while receiving training from a pilot instructor occupying a flight control seat in an aircraft that is fitted with fully functional dual controls.

dual flight check means an in‑flight assessment by a flight instructor of a student pilot licence holder’s competency to conduct a solo training flight.

dual instrument flight time means instrument flight time that is conducted in dual flight.

dual instrument ground time means instrument ground time that is conducted in dual simulated flight.

dual instrument time means:

                (a)    dual instrument flight time; or

               (b)    dual instrument ground time.

dual simulated flight means simulated flight conducted while receiving training from a pilot instructor occupying a flight control seat in a flight simulation training device that is fitted with fully functional dual controls.

duration, of a flight, means:

                (a)    for a flight in an aeroplane or gyroplane—the time from the moment the aircraft begins moving, whether or not under its own power, in preparation for flight until the moment it comes to rest at the end of the flight; or

               (b)    for a flight in a helicopter or powered‑lift aircraft—the time from the moment the aircraft’s rotor blades start turning until the moment the rotor blades stop turning after the aircraft comes to rest at the end of the flight; or

                (c)    for a flight in an airship—the time from the moment the airship is released from its mooring until the moment it is tethered at the end of the flight; or

               (d)    for a flight in a glider—the time from the moment the glider first begins moving in preparation for flight, whether being towed or not, until the moment it comes to rest at the end of the flight.

endorsement means a flight crew endorsement.

equivalent, for an overseas flight crew licence, rating or endorsement: an overseas flight crew licence, rating or endorsement (however described) is equivalent to a flight crew licence, rating or endorsement granted under this Part (an Australian authorisation) if it allows the holder to conduct substantially the same activities as the Australian authorisation.

examiner means:

                (a)    a flight examiner; or

               (b)    a flight engineer examiner.

examiner rating means:

                (a)    a flight examiner rating; or

               (b)    a flight engineer examiner rating.

flight means flight in:

                (a)    an aeroplane; or

               (b)    a helicopter; or

                (c)    an airship; or

               (d)    a glider, other than a hang glider; or

                (e)    a gyroplane; or

                (f)    a powered‑lift aircraft.

flight activity endorsement means an endorsement mentioned in column 1 of table 61.1145.

flight crew endorsement means an endorsement granted under this Part on a flight crew licence.

flight crew licence means:

                (a)    a pilot licence; or

               (b)    a flight engineer licence; or

                (c)    a glider pilot licence.

flight crew rating means a rating granted under this Part on a flight crew licence.

flight engineer examiner means the holder of a flight engineer examiner rating.

flight engineer examiner endorsement means an endorsement mentioned in column 1 of table 61.1495.

flight engineer flight test endorsement means an endorsement mentioned in column 1 of Part 1 of table 61.1495.

flight engineer instructor means the holder of a flight engineer instructor rating.

flight engineer training endorsement means an endorsement mentioned in column 1 of table 61.1430.

flight examiner means the holder of a flight examiner rating.

flight examiner endorsement means an endorsement mentioned in column 1 of table 61.1310.

flight instructor means the holder of a flight instructor rating.

flight review means an assessment of the competency of a flight crew member to perform:

                (a)    for the holder of a pilot licence or flight engineer licence—an activity authorised by a flight crew rating that the crew member holds; or

               (b)    for the holder of a glider pilot licence—an activity authorised by the licence.

flight simulation training device means:

                (a)    a qualified flight simulator; or

               (b)    a qualified flight training device; or

                (c)    a synthetic trainer that is approved under Civil Aviation Order 45.0; or

               (d)    a device that meets the qualification standards prescribed by a legislative instrument under regulation 61.045; or

                (e)    a device that is qualified (however described) by the national aviation authority of a recognised foreign State.

flight test, for a flight crew licence, rating or endorsement, means a test conducted under regulation 61.245 for the licence, rating or endorsement.

flight test endorsement means an endorsement mentioned in column 1 of Part 1 of table 61.1310.

flight time as:

                (a)    a pilot: see regulation 61.080; and

               (b)    a co‑pilot: see regulation 61.085; and

                (c)    a pilot in command: see regulation 61.090; and

               (d)    a pilot in command under supervision: see regulation 61.095; and

                (e)    a flight engineer: see regulation 61.100.

flight training, for a flight crew licence, rating or endorsement, means the training mentioned in regulation 61.195 for the licence, rating or endorsement.

instructor means:

                (a)    a flight instructor; or

               (b)    a simulator instructor; or

                (c)    a flight engineer instructor.

instructor proficiency check means an assessment, against the standards mentioned in the Part 61 Manual of Standards, of an instructor’s competency to conduct flight training.

instructor rating means:

                (a)    a flight instructor rating; or

               (b)    a simulator instructor rating; or

                (c)    a flight engineer instructor rating.

instrument approach means an approach conducted in accordance with an instrument approach procedure.

instrument endorsement means an endorsement mentioned in column 1 of table 61.890.

instrument flight time: see regulation 61.105.

instrument ground time: see regulation 61.110.

instrument proficiency check means an assessment, against the standards mentioned in the Part 61 Manual of Standards, of a pilot’s competency to pilot an aircraft under the IFR.

instrument time means:

                (a)    instrument flight time; or

               (b)    instrument ground time.

knowledge deficiency report means a report prepared, and given to a person, under regulation 61.230.

licence means a flight crew licence.

licence document: see regulation 61.175.

low‑level endorsement means an endorsement mentioned in column 1 of table 61.1075.

low‑level operation means an operation below 500 ft AGL, other than the following:

                (a)    climbing from take‑off;

               (b)    descending for the purpose of landing;

                (c)    an aerial application operation.

maximum certificated passenger seating capacity, for an aircraft, means the maximum passenger seating capacity stated in the aircraft’s type certificate, foreign type certificate, supplemental type certificate or foreign supplemental type certificate.

maximum certificated take‑off weight, for an aircraft, means the maximum take‑off weight stated in the aircraft’s type certificate, foreign type certificate, supplemental type certificate or foreign supplemental type certificate.

medical exemption, for the exercise of the privileges of a flight crew licence or rating, means an approval under regulation 61.040 to exercise the privileges of the licence or rating without holding a current:

                (a)    medical certificate; or

               (b)    recreational aviation medical practitioner’s certificate.

medical practitioner means a person entitled to practise as a medical practitioner under a law of a State or Territory.

modified Austroads medical standards: see regulation 61.030.

multi‑crew, in relation to an aircraft, means that the aircraft is certificated for operation by a crew of at least 2 pilots.

multi‑crew operation means an operation that requires at least 2 pilots in:

                (a)    a multi‑crew aircraft; or

               (b)    an aircraft that is equipped, and required by these Regulations, to be operated by a crew of at least 2 pilots.

multi‑crew pilot licence training course means a course of training for the grant of a multi‑crew pilot licence conducted by a Part 142 operator.

multi‑crew type rating means a pilot type rating authorising its holder to pilot an aircraft of the type covered by the rating in a multi‑crew operation.

multi‑engine aeroplane means an aeroplane that has 2 or more engines, other than:

                (a)    a multi‑engine centre‑line thrust aeroplane; or

               (b)    an aeroplane that is prescribed by a legislative instrument under regulation 61.050 as an aeroplane that is included in the single‑engine aeroplane class.

multi‑engine centre‑line thrust aeroplane means an aeroplane with 2 or more engines that:

                (a)    has the thrust line along the longitudinal axis of the aeroplane; and

               (b)    has no asymmetric handling effect about the normal axis in the event of an engine failure.

night VFR endorsement means an endorsement mentioned in column 1 of table 61.980.

night vision goggles means a self‑contained binocular night vision enhancement device that:

                (a)    is helmet‑mounted or otherwise worn by a person; and

               (b)    can detect and amplify light in both the visual and near infra‑red bands of the electromagnetic spectrum.

night vision imaging system endorsement means an endorsement mentioned in column 1 of table 61.1025.

night vision imaging system proficiency check means an assessment, against the standards mentioned in the Part 61 Manual of Standards, of a pilot’s competency to pilot a helicopter using a night vision imaging system.

operational endorsement means any of the following endorsements:

                (a)    an aerial application endorsement;

               (b)    a flight activity endorsement;

                (c)    a flight examiner endorsement;

               (d)    an instrument endorsement;

                (e)    a low‑level endorsement;

                (f)    a night VFR endorsement;

               (g)    a night vision imaging system endorsement;

               (h)    a private instrument endorsement;

                (i)    a training endorsement;

                (j)    a flight engineer examiner endorsement;

               (k)    a flight engineer training endorsement.

operational rating means any of the following ratings:

                (a)    an aerial application rating;

               (b)    an examiner rating;

                (c)    an instructor rating;

               (d)    an instrument rating;

                (e)    a low‑level rating;

                (f)    a night VFR rating;

               (g)    a night vision imaging system rating;

               (h)    a private instrument rating.

operator proficiency check means an assessment conducted by an operator in accordance with its training and checking responsibilities under these Regulations of whether a person has the aeronautical skills and knowledge required by the operator.

overseas endorsement means an authorisation (however described) granted by the national aviation authority of a Contracting State, in accordance with Annex 1 to the Chicago Convention, that is equivalent to a flight crew endorsement.

overseas flight crew licence means an authorisation (however described) granted by the national aviation authority of a Contracting State, in accordance with Annex 1 to the Chicago Convention, that is equivalent to a flight crew licence.

overseas medical certificate means a medical certificate (however described) granted by the national aviation authority of a Contracting State, in accordance with Annex 1 to the Chicago Convention, that is equivalent to a medical certificate.

overseas rating means an authorisation (however described) granted by the national aviation authority of a Contracting State, in accordance with Annex 1 to the Chicago Convention, that is equivalent to a flight crew rating.

pilot, used as a noun, means a person authorised under this Part to manipulate the flight controls of an aircraft during flight.

pilot, used as a verb, means:

                (a)    to manipulate the flight controls of an aircraft during flight; or

               (b)    to occupy a flight control seat in an aircraft during flight.

pilot in command under supervision means a pilot, other than a student pilot, who performs the duties and functions of the pilot in command of an aircraft under the supervision of a pilot who is authorised by the operator of the aircraft to conduct the supervision.

pilot instructor means:

                (a)    a flight instructor; or

               (b)    a simulator instructor.

pilot licence means any of the following licences:

                (a)    an air transport pilot licence;

               (b)    a commercial pilot licence;

                (c)    a multi‑crew pilot licence;

               (d)    a private pilot licence;

                (e)    a recreational pilot licence;

                (f)    a student pilot licence.

private instrument endorsement means an endorsement mentioned in column 1 of table 61.935.

privilege, in relation to a flight crew licence, rating or endorsement, means an activity that the holder of the licence, rating or endorsement is authorised, under this Part, to conduct.

rating means a flight crew rating.

recent photograph, at a particular time, means a photograph taken within 6 months before that time.

recognised aeroplane means an aeroplane:

                (a)    that is on the register of aircraft kept by a Contracting State; or

               (b)    that is a State aircraft.

recognised foreign State means any of the following:

                (a)    Canada;

               (b)    Hong Kong;

                (c)    New Zealand;

               (d)    United States of America;

                (e)    the following EASA member States:

                          (i)    Belgium;

                         (ii)    Czech Republic;

                        (iii)    Denmark;

                        (iv)    Finland;

                         (v)    France;

                        (vi)    Germany;

                       (vii)    Ireland;

                      (viii)    Italy;

                        (ix)    Netherlands;

                         (x)    Norway;

                        (xi)    Portugal;

                       (xii)    Spain;

                      (xiii)    Sweden;

                      (xiv)    Switzerland;

                       (xv)    United Kingdom;

                (f)    any other foreign country prescribed by a legislative instrument under regulation 61.047.

recognised gyroplane means a gyroplane:

                (a)    that is on the register of aircraft kept by a Contracting State; or

               (b)    that is a State aircraft.

recognised helicopter means a helicopter:

                (a)    that is on the register of aircraft kept by a Contracting State; or

               (b)    that is a State aircraft.

recognised powered‑lift aircraft means a powered‑lift aircraft:

                (a)    that is on the register of aircraft kept by a Contracting State; or

               (b)    that is a State aircraft.

recreational aviation administration organisation means:

                (a)    Recreational Aviation Australia Inc; or

               (b)    Australian Sport Rotorcraft Association Inc; or

                (c)    The Gliding Federation of Australia Inc.

recreational aviation medical practitioner’s certificate means a certificate from a medical practitioner to the effect that the holder meets the modified Austroads medical standards.

recreational pilot licence endorsement means an endorsement mentioned in regulation 61.485.

simulated flight engineer time means time spent in a flight simulation training device during which a flight engineer is performing the duties of a flight engineer.

simulated flight time means time spent in a flight simulation training device during which a pilot is performing the duties of a pilot.

simulated IMC means flight in an aircraft or flight simulation training device during which the pilot is prevented from viewing the external horizon.

simulator instructor means the holder of a simulator instructor rating.

single‑pilot operation means an operation in an aircraft, other than a multi‑crew operation.

single‑pilot type rating means a pilot type rating authorising its holder to pilot an aircraft of the type covered by the rating in a single‑pilot operation.

solo, in relation to a flight of an aircraft, means a flight in which the pilot is the sole occupant of the aircraft.

standard instrument departure means a departure under the IFR in accordance with an instrument departure procedure.

successfully participating in an operator’s approved cyclic training and proficiency program: a person is successfully participating, at a particular time, in an operator’s approved cyclic training and proficiency program that covers operations of a particular kind if:

                (a)    the person is employed by the operator; and

               (b)    the operator has an approved cyclic training and proficiency program; and

                (c)    the person has met the requirements under the program for entry into the program; and

               (d)    at that time, the person is permitted under the program to be assigned by the operator for unsupervised duty in an operation of that kind.

tethered flight time means the duration of a flight in a tethered helicopter.

tethered helicopter means a helicopter tethered to a base that allows hovering but not free flight.

training endorsement means an endorsement mentioned in column 1 of table 61.1235.

training provider, for a person undertaking flight training, means:

                (a)    the Part 141 or 142 operator conducting the training; or

               (b)    the person conducting the training who holds an approval under regulation 141.035 or 142.040 to conduct the training.

type rating means:

                (a)    a pilot type rating; or

               (b)    a flight engineer type rating; or

                (c)    a cruise relief type rating.

type specific: a rating or endorsement is type specific if the rating or endorsement applies only to an aircraft type that is specified on the rating or endorsement.

variant, in relation to an aircraft model (the first model), means another aircraft model that CASA has prescribed by a legislative instrument under regulation 61.055 as a variant of the first model.

61.015    Definition of category of aircraft for Part 61

                Each of the following is a category of aircraft:

                (a)    aeroplane;

               (b)    helicopter;

                (c)    powered‑lift aircraft;

               (d)    gyroplane;

                (e)    airship.

61.020    Definition of class of aircraft for Part 61

         (1)   Each of the following is a class of aircraft:

                (a)    single‑engine aeroplane;

               (b)    multi‑engine aeroplane;

                (c)    single‑engine helicopter;

               (d)    single‑engine gyroplane;

                (e)    airship.

         (2)   For this Part, the single‑engine aeroplane class includes:

                (a)    multi‑engine centre‑line thrust aeroplanes; and

               (b)    multi‑engine aeroplanes that are prescribed by a legislative instrument under regulation 61.050 (Prescription of multi‑engine aeroplanes included in single‑engine aeroplane class).

61.025    Definition of aeroplane for Part 61

                Aeroplane means an aeroplane that has flight controls providing control of the aeroplane in 3 axes.

61.030    Definition of modified Austroads medical standards for Part 61

         (1)   Modified Austroads medical standards, in relation to the exercise of the privileges of a pilot licence, means the Austroads medical standards modified to provide that a person with any of the following medical histories or conditions does not meet the standards:

                (a)    subject to subregulation (2)—a history of cancer within the 5‑year period before the day the privileges of the licence are exercised;

               (b)    a history of ECG changes, with or without symptoms;

                (c)    subject to subregulation (3)—a history of heart failure;

               (d)    inability to hear a conversational speaking voice at a distance of 2 metres, whether unaided or with the assistance of a medically prescribed hearing aid;

                (e)    any musculoskeletal disability, disorder or disease of the bones, joints, muscles or tendons that would limit or restrict the normal manipulation of aircraft controls, or would require physical modifications to the aircraft to enable appropriate manipulation of the controls;

                (f)    a history of transient ischaemic attack;

               (g)    a history of multiple sclerosis, cerebral palsy or Parkinson’s disease;

               (h)    a history of one or more of the following in relation to a head injury:

                          (i)    loss of consciousness;

                         (ii)    post‑traumatic amnesia;

                        (iii)    abnormal findings on head CT or MRI investigation;

                (i)    a history of renal colic or calculi;

                (j)    active vertigo or a history of benign paroxysmal positional vertigo.

         (2)   For paragraph (1) (a), a history of cancer for a person does not include a history of basal cell skin cancers if:

                (a)    each basal cell skin cancer has been treated by excision with no metastasized sequelae; and

               (b)    since at least the last occurrence of a basal cell skin cancer, the person has been under active and continuous case management by a medical practitioner who is a specialist oncology physician or surgeon (the treating practitioner); and

                (c)    the person is assessed for the issue of a recreational aviation medical practitioner’s certificate by the treating practitioner or, if the treating practitioner is not available, by another medical practitioner with knowledge of the person’s basal cell skin cancer history.

         (3)   For paragraph (1) (c), a history of heart failure for a person does not include a history in which the person meets all of the following requirements:

                (a)    the person has not had an episode of heart failure for at least the previous 3 years;

               (b)    since at least the last episode of heart failure, the person has been under active and continuous case management by a medical practitioner who is a specialist cardiovascular physician or surgeon (the treating practitioner);

                (c)    the person is assessed for the issue of a recreational aviation medical practitioner’s certificate by the treating practitioner or, if the treating practitioner is not available, by another medical practitioner with knowledge of the person’s history of heart failure.

         (4)   In this regulation:

Austroads medical standards means the medical standards for the issue of an unconditional private motor vehicle driver’s licence, set out in the publication Assessing fitness to drive for commercial and private vehicle drivers, published by Austroads in March 2012, or any later version as in force from time to time.

Note   See www.austroads.com.au/assessing-fitness-to-drive/.

61.035    Issue of Manual of Standards for Part 61

         (1)   For paragraph 98 (5A) (a) of the Act, CASA may issue a Manual of Standards for this Part that sets out matters relating to flight crew licences.

         (2)   In particular, the Manual of Standards may set out standards for the following:

                (a)    approvals under regulation 61.040;

               (b)    aeronautical and other knowledge required by this Part for the grant of a licence, rating or endorsement;

                (c)    flight training;

               (d)    other training and development requirements;

                (e)    flight tests;

                (f)    aviation and general English language proficiency;

               (g)    general operating competencies for aircraft of a particular class or type;

               (h)    competency in the use of an airborne collision avoidance system;

                (i)    flight reviews;

                (j)    competencies for solo flight;

               (k)    instrument proficiency checks;

                (l)    night vision imaging system proficiency checks;

              (m)    aerial application proficiency checks;

               (n)    instructor proficiency checks;

               (o)    competencies for glider pilot licences.

61.040    Approvals by CASA for Part 61

         (1)   If a provision of this Part refers to a person or organisation holding an approval under this regulation, the person or organisation may apply to CASA for the approval.

         (2)   Subject to regulation 11.055, CASA must grant the approval if the following requirements are met:

                (a)    if the approval relates to a course or program:

                          (i)    the course or program covers all the units of competency mentioned in the Part 61 Manual of Standards for the course or program; and

                         (ii)    the course or program meets the standards (if any) mentioned in the Part 61 Manual of Standards for the course or program;

               (b)    if the approval relates to any other thing for which there are standards in the Part 61 Manual of Standards—the thing meets the standards;

                (c)    for any other approval—the applicant meets the requirements (if any) for the approval mentioned in the provision.

         (3)   Subregulation 11.055 (1B) applies to the granting of an approval mentioned in paragraph 61.1515 (1) (b) (Limitations on exercise of privileges of glider pilot licences—general).

61.045    Prescription of qualification standards for flight simulation training devices

                For paragraph 98 (5A) (a) of the Act, CASA may, by legislative instrument, prescribe qualification standards for flight simulation training devices.

61.047    Prescription of recognised foreign States

                For paragraph 98 (5A) (a) of the Act, CASA may, by legislative instrument, prescribe foreign countries as recognised foreign States.

61.050    Prescription of multiengine aeroplanes included in single‑engine aeroplane class

                For paragraph 98 (5A) (a) of the Act, CASA may, by legislative instrument, prescribe aeroplanes that are included in the single‑engine aeroplane class.

61.055    Prescription of type ratings and variants—multicrew aircraft

         (1)   For paragraph 98 (5A) (a) of the Act, CASA may, by legislative instrument, prescribe, for multi‑crew aircraft:

                (a)    the type ratings that may be granted for multi‑crew operation; and

               (b)    the aircraft models that are variants of each other; and

                (c)    in relation to each variant—the variants for which differences training is required; and

               (d)    the type ratings for which the flight review or instrument proficiency check requirements may be met by completion of a single flight review; and

                (e)    the type ratings for which the instrument proficiency check requirements may be met by completion of a single instrument proficiency check.

         (2)   For paragraph 98 (5A) (a) of the Act, if 2 or more aircraft models are variants of each other, CASA may, by legislative instrument, prescribe that the models are no longer variants of each other only if satisfied that:

                (a)    the complexity of one of the models’ systems; or

               (b)    a difference in their performance or handling characteristics;

requires the provision of additional flight training to enable a person to pilot an aircraft of that model safely.

61.060    Prescription of type ratings—single‑pilot aircraft

         (1)   For paragraph 98 (5A) (a) of the Act, CASA may, by legislative instrument, prescribe:

                (a)    for a type of aircraft that is certificated for single‑pilot operation—whether a single‑pilot type rating is required; and

               (b)    for aircraft for which single‑pilot type ratings are required:

                          (i)    the type ratings that may be granted for single‑pilot operation; and

                         (ii)    the aircraft models that are variants of each other; and

                        (iii)    in relation to each variant—the variants for which differences training is required; and

                (c)    the type ratings for which the flight review or instrument proficiency check requirements may be met by completion of a single flight review; and

               (d)    the type ratings for which the instrument proficiency check requirements may be met by completion of a single instrument proficiency check.

         (2)   However, CASA may prescribe that a single‑pilot type rating is required for an aircraft only if satisfied that:

                (a)    the complexity of the aircraft’s systems; or

               (b)    its performance or handling characteristics;

requires the provision of additional flight training to enable a person to pilot an aircraft of that type safely.

61.065    Conduct of unauthorised activities—holders of flight crew licences

         (1)   The holder of a flight crew licence commits an offence if:

                (a)    the holder conducts an activity mentioned in this Part while:

                          (i)    piloting a registered aircraft; or

                         (ii)    acting as flight engineer of a registered aircraft; or

                        (iii)    acting as an instructor or examiner; and

               (b)    the holder is not authorised under this Part to conduct the activity.

Penalty:   50 penalty units.

         (2)   An offence against this regulation, other than an offence for a contravention of regulation 61.385 (Limitations on exercise of privileges of pilot licences—general competency requirement), is an offence of strict liability.

Note   See also subsection 20AB (1) of the Act for an offence of performing any duty that is essential to the operation of an Australian aircraft during flight time without holding a relevant civil aviation authorisation or being otherwise authorised by or under these Regulations to perform the duty.

Division 61.A.2            Flight time and other aeronautical experience

61.070    Flight to which Division 61.A.2 applies

                For this Division:

flight means flight in:

                (a)    an aeroplane; or

               (b)    a helicopter, other than a tethered helicopter; or

                (c)    an airship; or

               (d)    a glider, other than a hang glider; or

                (e)    a gyroplane; or

                (f)    a powered‑lift aircraft.

61.075    Definition of aeronautical experience for Part 61

                A person’s aeronautical experience is as follows:

                (a)    for a pilot—the total of:

                          (i)    the person’s flight time as a pilot; and

                         (ii)    the person’s simulated flight time; and

                        (iii)    the person’s tethered flight time;

               (b)    for a flight engineer—the total of:

                          (i)    the person’s flight time as a flight engineer; and

                         (ii)    the person’s simulated flight engineer time.

61.080    Definition of flight time as pilot for Part 61

                A person’s flight time as a pilot is:

                (a)    the duration of the following flights:

                          (i)    a solo flight by the person;

                         (ii)    a flight in which the person receives flight training;

                        (iii)    if the person is a flight instructor—a flight during which the person exercises the privileges of his or her flight instructor rating;

                        (iv)    if the person is a flight examiner—a flight during which the person exercises the privileges of his or her flight examiner rating; and

               (b)    the person’s flight time as pilot in command; and

                (c)    the person’s flight time as pilot in command under supervision; and

               (d)    the person’s flight time as a co‑pilot.

61.085    Definition of flight time as co-pilot for Part 61

                A person’s flight time as a co‑pilot is any period, during flight in an aircraft that, under these Regulations, must be flown with a flight crew of at least 2 pilots, in which the person is performing co-pilot duties other than as pilot in command under supervision.

Note   A co-pilot is a pilot on board an aircraft in a piloting capacity other than the pilot in command or a pilot who is on board the aircraft for the sole purpose of receiving flight training: see the definition of co‑pilot in Part 1 of the Dictionary.

61.090    Definition of flight time as pilot in command for Part 61

                A person’s flight time as pilot in command of an aircraft is the duration of a flight for which the person is the pilot in command of the aircraft.

61.095    Definition of flight time as pilot in command under supervision for Part 61

         (1)   A person’s flight time as pilot in command under supervision is the duration of a flight if:

                (a)    the person holds a pilot licence, other than a student pilot licence; and

               (b)    the person performs all the duties of the pilot in command for the flight; and

                (c)    subregulation (2) or (3) applies to the flight.

         (2)   For paragraph (1) (c), this subregulation applies to the flight if:

                (a)    the flight is conducted by an operator that has training and checking responsibilities; and

               (b)    the pilot in command of the flight is authorised by the operator or the operator’s Part 142 operator to conduct the supervision of the person.

         (3)   For paragraph (1) (c), this subregulation applies to the flight if:

                (a)    the person is supervised by a flight instructor or flight examiner; and

               (b)    the person is not receiving flight training or taking a flight test.

61.100    Definition of flight time as flight engineer for Part 61

                A person’s flight time as a flight engineer is:

                (a)    if the person is a flight engineer—the duration of a flight during which the person performs the duties of a flight engineer; and

               (b)    if the person is a flight engineer instructor—the duration of a flight during which the person exercises the privileges of his or her flight engineer instructor rating; and

                (c)    if the person is a flight engineer examiner—the duration of a flight during which the person exercises the privileges of his or her flight engineer examiner rating; and

               (d)    if the person is the holder of a cruise relief flight engineer type rating—any time spent performing the duties of a flight engineer during flight.

61.105    Definition of instrument flight time for Part 61

         (1)   A person’s instrument flight time is:

                (a)    for the holder of an authorisation mentioned in subregulation (2) other than a flight instructor or flight examiner—any time spent piloting an aircraft solely by reference to instruments and without external visual reference points in IMC or simulated IMC; and

               (b)    for a person who does not hold an authorisation mentioned in subregulation (2)—any dual instrument flight time; and

                (c)    for a flight instructor—any time spent conducting training mentioned in regulation 61.1165, or a flight review, during dual instrument flight time in IMC; and

               (d)    for a flight examiner—any time spent conducting a flight test or proficiency check during dual instrument flight time in IMC.

         (2)   For paragraph (1) (a), the authorisations are as follows:

                (a)    an instrument rating;

               (b)    a private instrument rating;

                (c)    for flight in an aeroplane or powered‑lift aircraft—an air transport pilot licence;

               (d)    for flight in an aeroplane—a multi‑crew pilot licence.

61.110    Definition of instrument ground time for Part 61

                A person’s instrument ground time is:

                (a)    for the holder of an authorisation mentioned in subregulation 61.105 (2) other than a simulator instructor or flight examiner—any time spent conducting simulated flight in a flight simulation training device solely by reference to instruments and without simulated external visual reference points; and

               (b)    for a person who does not hold an authorisation mentioned in subregulation 61.105 (2)—any dual instrument ground time; and

                (c)    for a simulator instructor—any time spent conducting training mentioned in regulation 61.1190, or a flight review, during dual instrument ground time; and

               (d)    for a flight examiner—any time spent conducting a flight test or proficiency check during dual instrument ground time.

Division 61.A.3            Performing flight crew duties without licence, rating or endorsement

61.115    Flying without licence

         (1)   A person who does not hold a pilot licence is authorised to pilot a registered aircraft if:

                (a)    the pilot in command of the aircraft is a flight instructor and the flight is for the purpose of receiving flight training; or

               (b)    the flight is for a flight test for a pilot licence or a flight crew rating or endorsement on a pilot licence.

         (2)   A person who does not hold a flight engineer licence is authorised to perform the duties of a flight engineer in a registered aircraft while:

                (a)    receiving flight training from a flight engineer instructor; or

               (b)    taking a flight test for a flight engineer licence or a flight crew rating or endorsement on a flight engineer licence.

61.120    Operation of aircraft radio without licence

                A person who does not hold a flight crew licence, or who holds a recreational pilot licence but does not hold a flight radio endorsement, is authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation if:

                (a)    the transmission is made while receiving training for a flight crew licence; and

               (b)    the transmission is approved and supervised by an instructor; and

                (c)    the transmission is for the purpose of:

                          (i)    safely conducting a flight that is approved by a flight instructor; or

                         (ii)    receiving training in the use of an aircraft radio.

Note   A person is prohibited from transmitting on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation unless the person is qualified to do so: see regulation 83 of CAR.

61.125    Conducting flight activities without rating or endorsement

         (1)   A person who holds a pilot licence, but does not hold a rating or endorsement for the conduct of an activity for which a rating or endorsement is required under this Part, is authorised to conduct the activity if:

                (a)    the activity is conducted while:

                          (i)    receiving flight training for the rating or endorsement; or

                         (ii)    taking a flight test for the rating or endorsement; or

                        (iii)    meeting the aeronautical experience requirements for the rating or endorsement; and

               (b)    the activity is approved by, and conducted under the supervision of, a flight instructor.

         (2)   A person who holds a flight engineer licence, but does not hold a rating or endorsement for the conduct of an activity for which a rating or endorsement is required under this Part, is authorised to conduct the activity if:

                (a)    the activity is conducted while:

                          (i)    receiving flight training for the rating or endorsement; or

                         (ii)    taking a flight test for the rating or endorsement; or

                        (iii)    meeting the aeronautical experience requirements for the rating or endorsement; and

               (b)    the activity is approved by, and conducted under the supervision of, a flight engineer instructor.

61.130    Operation of helicopter using auto flight control system without licence or rating

         (1)   This regulation applies to a person who, apart from this regulation, would not be authorised under this Part to pilot a helicopter.

         (2)   The person is authorised to pilot the helicopter using the helicopter’s auto flight control system if:

                (a)    the person is approved to do so by the helicopter’s:

                          (i)    operator; and

                         (ii)    pilot in command; and

               (b)    the person does so under the supervision of the pilot in command.

61.135    Authorisation to conduct flight training or flight test without holding type rating

         (1)   An instructor may apply to CASA, in writing, for authorisation to conduct training for the grant of a pilot type rating or flight engineer type rating in an aircraft for which the instructor does not hold the rating.

         (2)   An examiner may apply to CASA, in writing, for authorisation to conduct a flight test required for the grant of a pilot type rating or flight engineer type rating for an aircraft for which the examiner does not hold:

                (a)    the pilot type rating or flight engineer type rating; or

               (b)    a training endorsement; or

                (c)    a flight test endorsement.

         (3)   Subject to regulation 11.055, CASA must grant the authorisation.

         (4)   Subject to regulations 141.050 and 142.050, if CASA grants the authorisation, the person is authorised to conduct the training or flight test in accordance with the authorisation.

61.140    Authorisation to test aircraft without holding type rating

         (1)   The holder of a flight crew licence may apply to CASA, in writing, for authorisation to act as a flight crew member of an aircraft for which the person does not hold a pilot type rating or flight engineer type rating during a flight conducted for the purpose of:

                (a)    testing the aircraft; or

               (b)    conducting an experiment in relation to the aircraft.

         (2)   Subject to regulation 11.055, CASA must grant the authorisation.

         (3)   If CASA grants the authorisation, the person is authorised to act as a flight crew member during the flight in accordance with the authorisation.

61.145    Piloting glider without holding glider pilot licence

                A person is authorised to pilot a glider without holding a glider pilot licence if the person:

                (a)    holds a pilot certificate, granted by a recreational aviation administration organisation that administers glider activities, that permits the holder to pilot a glider or motorised glider as pilot in command; and

               (b)    operates the glider in accordance with the organisation’s operations manual.

Subpart 61.B        Grant of flight crew licences, ratings and endorsements

Division 61.B.1            General

61.150    People who may grant flight crew licences, ratings and endorsements

         (1)   CASA may grant any flight crew licence, rating or endorsement.

         (2)   Subject to subregulation (8) and regulation 61.1265, a flight examiner may grant the following:

                (a)    a rating on a pilot licence, other than:

                          (i)    an aircraft category rating; or

                         (ii)    a flight examiner rating; or

                        (iii)    a cruise relief flight engineer type rating;

               (b)    an endorsement on a pilot licence, other than a flight test endorsement.

         (3)   Subject to subregulation (8) and regulations 61.1175 and 61.1200, a pilot instructor may grant an endorsement on a pilot licence, other than:

                (a)    a flight examiner endorsement; or

               (b)    a training endorsement mentioned in Part 1 or 2 of table 61.1235; or

                (c)    an endorsement for which a flight test is required under this Part.

         (4)   Subject to subregulation (8) and regulation 61.1455, a flight engineer examiner may grant the following:

                (a)    a rating on a flight engineer licence, other than a flight engineer examiner rating;

               (b)    an endorsement on a flight engineer licence, other than a flight engineer flight test endorsement;

                (c)    a cruise relief flight engineer type rating.

         (5)   Subject to subregulation (8) and regulation 61.1405, a flight engineer instructor may grant a flight engineer training endorsement.

         (6)   Subject to subregulation (8) and the limitations (if any) of the person’s approval, the holder of an approval under regulation 141.035 or 142.040 (an approval holder) may grant a flight crew endorsement for which the holder is approved to conduct flight training.

         (7)   Subject to subregulation (8) and the limitations (if any) of the person’s approval, the holder of an approval under regulation 61.040 (also an approval holder) may grant the following:

                (a)    a flight crew rating, other than an examiner rating;

               (b)    a flight crew endorsement, other than a flight test endorsement or a flight engineer flight test endorsement.

         (8)   An examiner, instructor or approval holder cannot grant a flight crew rating or endorsement to a person if the person is taken to meet the requirements for the rating or endorsement under:

                (a)    regulation 61.275 (Overseas flight crew authorisations—recognition); or

               (b)    regulation 61.285 (Australian Defence Force qualifications—recognition).

Note   A flight crew licence, rating or endorsement granted under a bilateral agreement may only be granted by CASA: see regulation 61.280.

61.155    Applications for flight crew licences, ratings and endorsements

         (1)   An application for a flight crew licence, rating or endorsement must be made to a person who may grant the licence, rating or endorsement.

Note   See Subpart 11.B, in particular, regulation 11.030, about applications for authorisations.

         (2)   The application must:

                (a)    be in writing; and

               (b)    if the application is for a flight crew licence—be accompanied by a recent photograph of the applicant, showing the applicant’s full face and his or her head and shoulders; and

                (c)    if the application is for a pilot licence, other than a student pilot licence—include an application for an aircraft category rating.

         (3)   If the requirements for the grant of a flight crew licence, rating or endorsement (the second authorisation) include a requirement that the applicant hold, or be eligible for, another flight crew licence, rating or endorsement (the first authorisation), a person may:

                (a)    apply for the first and second authorisations at the same time; or

               (b)    apply for the second authorisation at any time after applying for the first authorisation, whether or not the first authorisation has been granted before the person applies for the second authorisation.

61.160    Grant of flight crew licences

                Subject to regulation 11.055, CASA must grant a flight crew licence to an applicant for the licence if:

                (a)    the application complies with regulation 61.155; and

               (b)    the applicant:

                          (i)    meets the requirements mentioned in this Part for the grant of the licence; and

                         (ii)    for a flight crew licence other than a recreational or student pilot licence—has a current aviation English language proficiency assessment; and

                        (iii)    for a recreational or student pilot licence—meets the general English language proficiency requirements mentioned in regulation 61.265.

Note   Despite anything in these Regulations, CASA is not to issue a flight crew licence to an applicant unless certain requirements are met: see regulation 6.57 of the Aviation Transport Security Regulations 2005.

61.165    Grant of flight crew ratings

                Subject to regulation 11.055, CASA, or an examiner or approval holder, must grant a flight crew rating to an applicant for the rating if:

                (a)    the application complies with regulation 61.155; and

               (b)    for an application to an examiner or approval holder—the examiner or approval holder may, under regulation 61.150, grant the rating; and

                (c)    the applicant meets the requirements mentioned in this Part for the grant of the rating.

61.170    Grant of flight crew endorsements

                Subject to regulation 11.055, CASA, or an examiner, instructor or approval holder, must grant a flight crew endorsement to an applicant for the endorsement if:

                (a)    the application complies with regulation 61.155; and

               (b)    for an application to an examiner, instructor or approval holder—the examiner, instructor or approval holder may, under regulation 61.150, grant the endorsement; and

                (c)    the applicant meets the requirements mentioned in this Part for the grant of the endorsement.

61.175    How CASA issues flight crew licences, ratings and endorsements

         (1)   Subregulation (2) applies if:

                (a)    CASA grants a flight crew licence to a person under regulation 61.160; and

               (b)    the person does not already hold a flight crew licence.

         (2)   For subregulation (1), CASA must issue to the person a document (the licence document) indicating that the person is authorised to exercise the privileges of:

                (a)    the flight crew licence; and

               (b)    if, at the same time, CASA also grants a flight crew rating or endorsement to the person under regulation 61.165 or 61.170—the rating or endorsement.

         (3)   Subregulation (4) applies if:

                (a)    CASA grants a flight crew licence (the new licence) to a person under regulation 61.160; and

               (b)    the person already holds a flight crew licence (the existing licence).

         (4)   For subregulation (3), CASA must issue to the person a new licence document indicating that the person is authorised to exercise the privileges of:

                (a)    the new licence; and

               (b)    the existing licence; and

                (c)    any flight crew ratings and endorsements that the person already holds or that CASA grants at the same time as the new licence.

         (5)   Subregulation (6) applies if:

                (a)    CASA grants a flight crew rating or endorsement to a person under regulation 61.165 or 61.170, other than a rating or endorsement granted at the same time as a flight crew licence; and

               (b)    the person already holds a flight crew licence.

         (6)   For subregulation (5), CASA must endorse the person’s licence document to the effect that the person is authorised to exercise the privileges of the rating or endorsement.

61.180    How examiner, instructor or approval holder issues rating or endorsement

         (1)   If an examiner or approval holder grants a flight crew rating to a person under regulation 61.165, the examiner or approval holder must:

                (a)    endorse the person’s licence document to the effect that the person is authorised to exercise the privileges of the rating; and

               (b)    give CASA a written notice that the person has met the requirements mentioned in this Part for the grant of the rating.

         (2)   If an examiner, instructor or approval holder grants a flight crew endorsement to a person under regulation 61.170, the examiner, instructor or approval holder must:

                (a)    endorse the person’s licence document to the effect that the person is authorised to exercise the privileges of the endorsement; and

               (b)    give CASA a written notice that the person has met the requirements mentioned in this Part for the grant of the endorsement.

         (3)   An examiner, instructor or approval holder commits an offence if he or she contravenes subregulation (1) or (2).

Penalty:   50 penalty units.

         (4)   If CASA is satisfied that the rating or endorsement was issued in error, CASA must cancel the rating or endorsement.

         (5)   An offence against this regulation is an offence of strict liability.

61.185    New licence document if licence, rating or endorsement cancelled

         (1)   This regulation applies if:

                (a)    a flight crew licence, rating or endorsement is cancelled under Part 16 of CAR or Subpart 11.D; and

               (b)    the holder of the licence, rating or endorsement holds a licence that is not cancelled (the continuing licence).

         (2)   CASA must issue to the holder a new licence document indicating that the holder is authorised to exercise the privileges of:

                (a)    the continuing licence; and

               (b)    any ratings or endorsements that the holder continues to hold.

61.190    Licence holder to comply with limitations and requirements of Part 61

                It is a condition of a flight crew licence, rating or endorsement that the holder must comply with:

                (a)    the limitations on the exercise of the privileges of the licence, rating or endorsement set out in this Part; and

               (b)    the requirements set out in this Part that apply to the holder.

Division 61.B.2            Flight training and other training

61.195    Flight training requirements

         (1)   Subregulation (2) applies to flight training for:

                (a)    a flight crew licence; or

               (b)    a flight crew rating; or

                (c)    a flight crew endorsement, other than a design feature endorsement or a flight activity endorsement.

Note   For training, other than flight training, see regulation 61.210.

         (2)   For subregulation (1), a requirement in this Part for an applicant for a flight crew licence, rating or endorsement to have completed flight training for the licence, rating or endorsement is met only if:

                (a)    the applicant has received training in all the units of competency mentioned in the Part 61 Manual of Standards for the licence, rating or endorsement; and

               (b)    the training is conducted by:

                          (i)    an instructor for a Part 141 or 142 operator that is authorised to conduct flight training for the licence, rating or endorsement; or

                         (ii)    the holder of an approval under regulation 141.035 or 142.040 to conduct the training; and

                (c)    the applicant has been assessed as competent in each unit of competency by the instructor or approval holder; and

               (d)    for flight training for the grant of an aircraft class rating or type rating—the training is conducted in accordance with regulation 61.205; and

                (e)    the applicant’s training provider has given the applicant a course completion certificate indicating that the requirements of paragraphs (a) and (c) have been met.

         (3)   Subregulation (4) applies to flight training for a design feature endorsement or a flight activity endorsement.

         (4)   For subregulation (3), a requirement in this Part for an applicant for a flight crew endorsement to have completed flight training for the endorsement is met only if:

                (a)    the applicant has received training in all the units of competency mentioned in the Part 61 Manual of Standards for the endorsement; and

               (b)    the training is conducted by:

                          (i)    an instructor; or

                         (ii)    the holder of an approval under regulation 61.040 to conduct the training; and

                (c)    the applicant has been assessed as competent in each unit of competency by the instructor or approval holder.

         (5)   For paragraphs (2) (c) and (4) (c), the assessment must be conducted against the standards mentioned in the Part 61 Manual of Standards for the licence, rating or endorsement.

61.200    Differences training requirements

                A requirement in this Part for the holder of a type rating to have completed differences training for a variant of the aircraft type covered by the rating is met only if:

                (a)    the holder has received training in all the units of competency mentioned in the Part 61 Manual of Standards for the rating that are necessary to ensure that the holder is able to exercise the privileges of the rating as safely as the holder would have been able to, had the holder undertaken the flight training for the rating in the variant; and

               (b)    the training is conducted by:

                          (i)    an instructor for a Part 141 or 142 operator that is authorised to conduct differences training for the variant; or

                         (ii)    the holder of an approval under regulation 141.035 or 142.040 to conduct the training; and

                (c)    the holder has been assessed by the instructor or approval holder as competent to exercise the privileges of the rating as safely as the holder would have been able to, had the holder undertaken the flight training for the rating in the variant; and

               (d)    the training is conducted in accordance with regulation 61.205; and

                (e)    the applicant’s training provider has given the applicant a course completion certificate indicating that the requirements of paragraphs (a) and (c) have been met.

61.205    When training must not be conducted in aircraft

         (1)   For paragraphs 61.195 (2) (d) and 61.200 (d), the training must not be conducted in an aircraft with a maximum certificated passenger seating capacity of more than 9 if:

                (a)    there is an approved flight simulator for the training available in Australia; or

               (b)    for a rating that applies only to an aircraft with a maximum certificated passenger seating capacity of more than 19 or a maximum certificated take‑off weight of more than 8 618 kg—there is an approved flight simulator for the training available outside Australia.

         (2)   In this regulation:

available, for training, means able to be used for the training.

61.210    Other approved courses of training or professional development

         (1)   A requirement in this Part for an applicant for a flight crew licence, rating or endorsement to have completed an approved course of training or professional development is met only if:

                (a)    for a course that is approved under regulation 61.040—the applicant:

                          (i)    has received training in all the units of competency mentioned in the Part 61 Manual of Standards for the course; and

                         (ii)    has been assessed as competent by the person conducting the course against the standards mentioned in the Part 61 Manual of Standards for the course; or

               (b)    for a course that is conducted by a Part 141 or 142 operator—the applicant:

                          (i)    has received training in all the units of competency mentioned in the course’s syllabus; and

                         (ii)    has been assessed by a person mentioned in subregulation (2) as competent against the standards mentioned in the course’s syllabus.

         (2)   For subparagraph (1) (b) (ii), the persons are as follows:

                (a)    the head of operations of the Part 141 or 142 operator that conducted the training;

               (b)    an instructor who is authorised by the head of operations to conduct the assessment;

                (c)    the holder of an approval under regulation 141.035 or 142.040 to conduct the training.

Division 61.B.3            Aeronautical knowledge examinations

61.215    Aeronautical knowledge examinations—general

         (1)   CASA may set aeronautical knowledge examinations for the grant of a flight crew licence, rating or endorsement in accordance with the aeronautical knowledge standards mentioned in the Part 61 Manual of Standards for the licence, rating or endorsement.

         (2)   A Part 141 or 142 operator may set aeronautical knowledge examinations for the grant of:

                (a)    a flight crew rating other than an instrument rating; or

               (b)    a flight crew endorsement.

         (3)   However, a Part 141 or 142 operator may set an aeronautical knowledge examination only if:

                (a)    the examination is set in accordance with the aeronautical knowledge standards mentioned in the Part 61 Manual of Standards for the rating or endorsement; and

               (b)    the operator holds an approval under regulation 61.040 for the examination.

         (4)   The examinations may be conducted at the times and places, and in accordance with arrangements, decided by the body setting the examination.

61.220    Aeronautical knowledge examinations—air transport pilot licence

                To be eligible to sit the aeronautical knowledge examination for an air transport pilot licence with a particular aircraft category rating, an applicant must:

                (a)    hold a commercial pilot licence with that rating; or

               (b)    have passed the aeronautical knowledge examination for a commercial pilot licence with that rating; or

                (c)    hold an approval under regulation 61.040 to sit the examination.

61.225    Aeronautical knowledge examinations—pass standards

         (1)   A requirement in this Part for a person to have passed an aeronautical examination for a flight crew licence, rating or endorsement is met if the person meets the standards mentioned in the Part 61 Manual of Standards for the examination.

         (2)   However, a person is taken to have passed an aeronautical knowledge examination only if the person passes all parts of the examination within a period of 2 years.

         (3)   If on 3 occasions a person attempts, but fails to pass, an aeronautical knowledge examination, or a part of an examination, the person is not permitted to attempt the examination or part again within 3 months beginning on the day the person attempts the examination or part for the third time.

         (4)   If on 4 occasions a person attempts, but fails to pass, an aeronautical knowledge examination, or a part of an examination, the person is not permitted to attempt the examination or part again until CASA is satisfied that the person has completed appropriate training.

61.230    Aeronautical knowledge examinations—knowledge deficiency reports

         (1)   This regulation applies if a candidate for an aeronautical knowledge examination:

                (a)    passes the examination with a score of less than 100%; or

               (b)    fails the examination with a score of at least 51%.

         (2)   The body that conducts the examination must:

                (a)    prepare a report about the competency standards in which the candidate’s knowledge is deficient; and

               (b)    give a copy of the report to the candidate; and

                (c)    if the examination was not conducted by the candidate’s training provider—give a copy of the report to the candidate’s training provider.

Division 61.B.4            Flight tests

61.235    Flight tests for flight crew licences and ratings—prerequisites

Flight crew licence prerequisites

         (1)   Subregulation (2) applies to an applicant for a flight crew licence, other than an applicant who is eligible for the licence under subregulation 61.275 (1).

         (2)   For subregulation (1), the applicant is eligible to take a flight test for the licence only if:

                (a)    a person mentioned in subregulation (5) has certified in writing that the applicant:

                          (i)    is at least the minimum age to hold the licence; and

                         (ii)    has passed the aeronautical knowledge examination for the licence; and

                        (iii)    has met the flight training requirements for the grant of the licence; and

                        (iv)    has met the aeronautical experience requirements for the licence; and

                         (v)    for a flight crew licence other than a recreational pilot licence—has a current aviation English language proficiency assessment; and

                        (vi)    for a recreational pilot licence—meets the general English language proficiency requirements mentioned in regulation 61.265; and

               (b)    if the applicant passed the aeronautical knowledge examination for the licence with a score of less than 100%:

                          (i)    the applicant’s training provider has given the examiner who is to conduct the applicant’s flight test a copy of the applicant’s knowledge deficiency report; and

                         (ii)    the applicant satisfies the examiner that the applicant has sufficient knowledge in any competency standard mentioned in the knowledge deficiency report to safely exercise the privileges of the licence; and

                (c)    if the flight test is to be conducted in an aircraft:

                          (i)    the applicant holds a current medical certificate of the class required for the grant of the licence; or

                         (ii)    if the test is for a recreational pilot licence—the applicant holds a current recreational aviation medical practitioner’s certificate; or

                        (iii)    the applicant holds a medical exemption for the exercise of the privileges of the licence.

Flight crew rating prerequisites

         (3)   Subregulation (4) applies to an applicant for a flight crew rating, other than an applicant who is eligible for the rating under subregulation 61.275 (2) or (3).

         (4)   For subregulation (3), the applicant is eligible to take a flight test for the rating only if:

                (a)    a person mentioned in subregulation (5) has certified in writing that the applicant:

                          (i)    has passed the aeronautical knowledge examination for the rating; and

                         (ii)    has met the flight training requirements for the grant of the rating; and

                        (iii)    has met the aeronautical experience requirements for the rating; and

               (b)    if the test is to be conducted in an aircraft:

                          (i)    the applicant holds a current class 1 or 2 medical certificate or recreational aviation medical practitioner’s certificate; or

                         (ii)    the applicant holds a medical exemption for the exercise of the privileges of the licence.

People who may certify

         (5)   For paragraphs (2) (a) and (4) (a), the persons are as follows:

                (a)    if the applicant’s training provider is a Part 141 or 142 operator:

                          (i)    the operator’s head of operations; or

                         (ii)    a person named in the operator’s exposition as responsible for the flight training to which the flight test relates;

               (b)    if the applicant’s training provider is the holder of an approval under regulation 141.035 or 142.040 to conduct the training—the approval holder.

61.240    Consequences of taking flight test when ineligible

                An applicant for a flight crew licence or rating is taken not to have passed a flight test if, when the applicant took the flight test, the applicant was not eligible under regulation 61.235 to take the flight test.

61.245    Conduct of flight tests for flight crew licences, ratings and endorsements

         (1)   The flight test for a flight crew licence, rating or endorsement must be conducted in:

                (a)    an aircraft or an approved flight simulator for the purpose; and

               (b)    if the flight test is for a rating or endorsement that is limited to a particular category, class or type of aircraft:

                          (i)    an aircraft of that category, class or type; or

                         (ii)    an approved flight simulator for that category, class or type of aircraft.

         (2)   However, the flight test for an aircraft class rating or type rating must not be conducted in an aircraft with a maximum certificated passenger seating capacity of more than 9 if:

                (a)    there is an approved flight simulator for the flight test available in Australia; or

               (b)    for a rating that applies only to an aircraft with a maximum certificated passenger seating capacity of more than 19 or a maximum certificated take‑off weight of more than 8 618 kg—there is an approved flight simulator for the flight test available outside Australia.

         (3)   The flight test must be conducted by an examiner or the holder of an approval under regulation 61.040 to conduct the flight test (the Part 61 approval holder) who:

                (a)    is nominated by the applicant’s training provider; and

               (b)    for a flight test for a flight crew licence—is not the person who provided the certification under paragraph 61.235 (2) (a) (Flight tests for flight crew licences and ratings—prerequisites) for the applicant.

         (4)   However, at any time before the test begins, CASA may, by written notice to the training provider and, if the training provider has nominated an examiner or Part 61 approval holder to conduct the flight test, the examiner or Part 61 approval holder:

                (a)    nominate a different examiner or Part 61 approval holder to conduct the flight test; or

               (b)    require that CASA will conduct the flight test.

         (5)   In this regulation:

available, for a flight test, means able to be used for the flight test.

61.250    Pass standards for flight tests

                An applicant for a flight crew licence, rating or endorsement passes the flight test for the licence, rating or endorsement if the examiner assesses the applicant’s performance in the flight test as meeting the competency standards mentioned in the Part 61 Manual of Standards for the flight test.

Division 61.B.5            English language proficiency

61.255    Aviation English language proficiency assessments

         (1)   A person may apply, in writing, to CASA or an examiner for an assessment of the person’s aviation English language proficiency.

         (2)   The applicant passes the assessment if CASA or the examiner is satisfied that the applicant meets the ICAO level 6 aviation English language proficiency standards mentioned in the Part 61 Manual of Standards.

         (3)   If CASA or the examiner is not satisfied that the applicant meets the ICAO level 6 aviation English language proficiency standards mentioned in the Part 61 Manual of Standards, CASA or the examiner must refer the application to an aviation English language proficiency assessor.

         (4)   The applicant passes the assessment if the assessor is satisfied that the applicant meets the ICAO level 4, 5 or 6 aviation English language proficiency standards mentioned in the Part 61 Manual of Standards.

61.260    Duration of English language proficiency assessments

                A person’s aviation English language proficiency assessment is current as follows:

                (a)    if the person was assessed as meeting the ICAO level 6 aviation English language proficiency standards—indefinitely;

               (b)    if the person was assessed as meeting the ICAO level 5 aviation English language proficiency standards—for 6 years beginning on the day the assessment is conducted;

                (c)    if the person was assessed as meeting the ICAO level 4 aviation English language proficiency standards—for 3 years beginning on the day the assessment is conducted.

61.265    Recreational and student pilot licences—general English language proficiency

         (1)   For subparagraph 61.160 (b) (iii), an applicant for a recreational or student pilot licence must:

                (a)    have been assessed by CASA or an examiner as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards; or

               (b)    satisfy a person mentioned in subregulation (2) that the applicant:

                          (i)    has successfully completed one of the general English language proficiency tests mentioned in the Part 61 Manual of Standards; and

                         (ii)    has sufficient general English language proficiency to safely exercise the privileges of the licence.

         (2)   For paragraph (1) (b), the persons are as follows:

                (a)    the head of operations of a Part 141 or 142 operator;

               (b)    an instructor who is authorised by the head of operations to assess the applicant’s English language proficiency.

61.270    Approval of language proficiency assessors

         (1)   A person may apply to CASA, in writing, for approval to conduct aviation English language proficiency assessments.

         (2)   Subject to regulation 11.055, CASA must grant the approval if CASA is satisfied that the person has successfully completed an approved course of training in assessment of aviation English language.

Division 61.B.6            Recognition of overseas flight crew authorisations

61.275    Overseas flight crew authorisations—recognition

         (1)   Despite anything else in this Part, the holder of an overseas flight crew licence (the applicant) is taken to meet the requirements under this Part for the grant of a flight crew licence (an Australian licence) with an aircraft category rating if:

                (a)    CASA is satisfied that the overseas flight crew licence and any ratings on that licence are at least equivalent to the Australian licence with that aircraft category rating; and

               (b)    the applicant is at least the minimum age for the grant of the Australian licence; and

                (c)    the applicant holds an authorisation to operate an aircraft radio granted by the national aviation authority of a Contracting State; and

               (d)    either:

                          (i)    the applicant’s overseas licence states that the applicant meets the ICAO level 4, 5 or 6 aviation English language proficiency standards; or

                         (ii)    the applicant has a current aviation English language proficiency assessment; and

                (e)    for an application for a commercial pilot licence, multi‑crew pilot licence or air transport pilot licence:

                          (i)    a person mentioned in subregulation (5) certifies in writing that the applicant is competent in each unit of competency mentioned in the Part 61 Manual of Standards for the Australian licence; and

                         (ii)    the applicant passes the flight test mentioned in the Part 61 Manual of Standards for the Australian licence; and

                (f)    the applicant has passed the overseas conversion aeronautical knowledge examination mentioned in the Part 61 Manual of Standards for the Australian licence and aircraft category rating.

Note   Despite anything in these Regulations, CASA is not to issue a flight crew licence to an applicant unless certain requirements are met: see regulation 6.57 of the Aviation Transport Security Regulations 2005.

         (2)   Despite anything else in this Part, the holder of an overseas flight crew licence (the applicant) is taken to meet the requirements under this Part for the grant of an aircraft class rating, pilot type rating or flight engineer type rating (an Australian rating) if:

                (a)    the applicant holds, or has held, an overseas rating; and

               (b)    CASA is satisfied that the overseas rating is at least equivalent to the Australian rating.

         (3)   Despite anything else in this Part, the holder of an overseas flight crew licence (the applicant) is taken to meet the requirements under this Part for the grant of an operational rating (an Australian rating) if:

                (a)    the applicant holds, or has held, an overseas rating; and

               (b)    CASA is satisfied that the overseas rating is at least equivalent to the Australian rating; and

                (c)    a person mentioned in subregulation (5) certifies in writing that the applicant is competent in each unit of competency mentioned in the Part 61 Manual of Standards for the Australian rating; and

               (d)    the applicant passes the aeronautical knowledge examination for the Australian rating; and

                (e)    CASA is satisfied that the applicant has completed the aeronautical experience required for the grant of the Australian rating; and

                (f)    the applicant passes the flight test mentioned in the Part 61 Manual of Standards for the Australian rating.

         (4)   Despite anything else in this Part, the holder of an overseas flight crew licence (the applicant) is taken to meet the requirements under this Part for the grant of a flight crew endorsement (an Australian endorsement) if:

                (a)    the applicant holds, or has held, an overseas endorsement; and

               (b)    CASA is satisfied that the overseas endorsement is at least equivalent to the Australian endorsement; and

                (c)    if the requirements for the grant of the endorsement include passing a flight test—the applicant passes the flight test.

         (5)   For subparagraph (1) (e) (i) and paragraph (3) (c), the persons are as follows:

                (a)    the head of operations of a Part 141 or 142 operator that is authorised to conduct flight training for the Australian licence or rating;

               (b)    a person named in the operator’s exposition as responsible for flight training for the licence or rating.

61.280    Grant of flight crew licences, ratings or endorsements under bilateral agreements

                CASA may grant a flight crew licence, rating or endorsement to the holder of an overseas flight crew licence in accordance with a bilateral agreement between Australia and the Contracting State whose licensing authority granted the overseas licence.

Note   The holder of a commercial pilot licence or an airline transport pilot licence granted by the Civil Aviation Authority of New Zealand is eligible for an equivalent Australian licence and equivalent ratings and other endorsements: see the Trans‑Tasman Mutual Recognition Act 1997.

Division 61.B.7            Recognition of Australian Defence Force qualifications

61.285    Australian Defence Force qualifications—recognition

                Despite anything else in this Part, a member or former member of the Australian Defence Force is taken to meet the requirements under this Part for the grant of a flight crew licence, rating or endorsement if the member:

                (a)    holds, or has held, a flight crew qualification granted by the Australian Defence Force that CASA is satisfied is at least equivalent to the licence, rating or endorsement; and

               (b)    for a flight crew licence—is at least the minimum age for the grant of the licence; and

                (c)    meets the aeronautical experience requirements for the licence, rating or endorsement; and

               (d)    for a flight crew licence other than a student pilot licence—has a current aviation English language proficiency assessment; and

                (e)    for a student pilot licence—meets the general English language proficiency requirements mentioned in regulation 61.265; and

                (f)    for an air transport pilot licence:

                          (i)    passes the Australian Defence Force conversion aeronautical knowledge examination for the air transport pilot licence mentioned in the Part 61 Manual of Standards; and

                         (ii)    completes an approved course of training in multi‑crew cooperation; and

                        (iii)    passes the flight test mentioned in the Part 61 Manual of Standards for the air transport pilot licence; and

               (g)    for an instrument rating—passes:

                          (i)    the aeronautical knowledge examination for the rating; and

                         (ii)    the flight test mentioned in the Part 61 Manual of Standards for the rating; and

               (h)    for an instructor rating—passes the flight test mentioned in the Part 61 Manual of Standards for the rating.

Subpart 61.C        Certificates of validation

61.290    Grant of certificates of validation

         (1)   The holder of an overseas flight crew licence may apply to CASA for the grant of a certificate of validation of the licence and any overseas rating or endorsement attached to the licence.

         (2)   Subject to regulation 11.055, CASA must grant the certificate of validation if:

                (a)    the applicant is authorised (however described) to exercise the privileges of the overseas flight crew licence and any rating or endorsement attached to the licence; and

               (b)    the applicant has passed any examination or flight test that CASA has, under subregulation (4), determined is required for the applicant.

         (3)   For paragraph (2) (a), if the overseas flight crew licence is equivalent to a commercial pilot licence, multi‑crew pilot licence or air transport pilot licence, CASA must verify with the issuing authority for the licence that the licence holder is authorised (however described) to exercise the privileges of the licence and any rating or endorsement attached to the licence.

         (4)   For paragraph (2) (b), if it is necessary for an applicant to pass an examination or flight test to satisfy CASA that the applicant can safely exercise the privileges of the certificate of validation, CASA may determine that the examination or flight test is required for the applicant.

         (5)   If the applicant does not have a current aviation security status check, within the meaning given by the Aviation Transport Security Regulations 2005, CASA must impose on the certificate a condition that the holder must not conduct any activity authorised by the certificate in Australian territory.

61.295    Privileges of certificates of validation

                Subject to regulations 61.300 and 61.305, the holder of a certificate of validation of an overseas flight crew licence, rating or endorsement that is equivalent to an Australian flight crew licence, rating or endorsement is authorised to conduct any activity that the holder of the equivalent Australian flight crew licence, rating or endorsement is authorised to conduct.

61.300    Limitations on exercise of privileges of certificates of validation—medical certificate

                The holder of a certificate of validation of an overseas flight crew licence is authorised to conduct an activity mentioned in regulation 61.295 only if the holder also holds an overseas medical certificate of at least the class required for the grant of the overseas flight crew licence by the Contracting State whose national aviation authority granted the licence.

61.305    Limitations on exercise of privileges of certificates of validation—recent experience, flight review and proficiency check

         (1)   The holder of a certificate of validation for an overseas flight crew licence that is equivalent to an Australian pilot licence is authorised to pilot an aircraft only if the holder has complied with the recent experience requirements mentioned in regulation 61.395 for the exercise of the privileges of the Australian pilot licence.

         (2)   The holder of a certificate of validation for an overseas rating that is equivalent to an Australian rating is authorised to pilot an aircraft only if the holder has complied with the recent experience requirements mentioned in this Part for the exercise of the privileges of the Australian rating.

61.310    Limitations on exercise of privileges of certificates of validation—carriage of documents

                The holder of a certificate of validation is authorised to exercise the privileges of the certificate on a flight only if the holder carries the following documents on the flight:

                (a)    his or her certificate of validation;

               (b)    his or her overseas flight crew licence;

                (c)    his or her overseas medical certificate;

               (d)    a document that:

                          (i)    includes a photograph of the holder showing the holder’s full face and his or her head and shoulders; and

                         (ii)    was issued within the previous 10 years by the government, or a government authority, of any of the following:

                                   (A)     the Commonwealth or a State or Territory;

                                   (B)     a foreign country, or a state or province (however described) of a foreign country; and

                        (iii)    has not expired or been cancelled.

61.315    Conduct of unauthorised activities by holders of certificates of validation

         (1)   The holder of a certificate of validation commits an offence if:

                (a)    the holder conducts an activity while:

                          (i)    piloting an aircraft; or

                         (ii)    acting as flight engineer of an aircraft; or

                        (iii)    operating a flight simulation training device; and

               (b)    the holder is not authorised under this Part to conduct the activity.

Penalty:   50 penalty units.

         (2)   An offence against this regulation, other than an offence relating to a contravention of regulation 61.385 (Limitations on exercise of privileges of pilot licences—general competency requirement), is an offence of strict liability.

Note   See also subsection 20AB (1) of the Act for an offence of performing any duty that is essential to the operation of an Australian aircraft during flight time without holding a relevant civil aviation authorisation or being otherwise authorised by or under these Regulations to perform the duty.

         (3)   It is a condition of a certificate of validation that the holder must comply with:

                (a)    the limitations on the exercise of the privileges of the certificate of validation set out in this Subpart; and

               (b)    the requirements set out in this Part that apply to the holder.

61.320    Certificates of validation—period of validity

         (1)   A certificate of validation must:

                (a)    not be granted for a period of more than one year; and

               (b)    state the date on which it expires.

         (2)   However, a certificate of validation ends on the earliest of the following events:

                (a)    the end of the day stated in the certificate as the date on which it expires;

               (b)    when the holder ceases to be authorised (however described) to exercise the privileges of the overseas flight crew licence, or any rating or endorsement on the licence, to which the certificate relates;

                (c)    when the holder’s overseas medical certificate expires.

61.325    Certificates of validation—renewal

         (1)   CASA may renew a certificate of validation only if:

                (a)    the person has passed the aeronautical knowledge examination for a flight crew licence under this Part that is equivalent to the overseas flight crew licence to which the certificate relates; or

               (b)    CASA is satisfied that exceptional circumstances justify the renewal.

         (2)   In this regulation:

renew, a certificate of validation, includes grant a new certificate of validation to the holder of:

                (a)    a current certificate of validation; or

               (b)    a certificate of validation that has expired within the previous 3 months;

in respect of the same overseas flight crew licence, rating or endorsement.

Subpart 61.D        General obligations of flight crew licence holders

61.330    Maintenance of aviation English language proficiency—conducting flight activities outside Australia

                The holder of a flight crew licence is authorised to exercise the privileges of the licence outside Australia only if the holder has a current aviation English language proficiency assessment.

61.335    Identity checks

         (1)   CASA may, by written notice given to the holder of a flight crew licence or certificate of validation, require the holder to provide evidence of his or her identity in accordance with paragraph 6.57 (1) (a) of the Aviation Transport Security Regulations 2005.

         (2)   The holder commits an offence if:

                (a)    CASA has not told the holder, in writing, that he or she has complied with the requirement; and

               (b)    the holder exercises the privileges of the licence or certificate.

Penalty:   50 penalty units.

         (3)   For subregulation (2), CASA is taken to have told the holder that he or she has complied with the requirement if CASA issues a new licence document or certificate of validation to the holder after giving the holder the notice.

         (4)   An offence against this regulation is an offence of strict liability.

61.340    Production of licence documents, medical certificates and identification

         (1)   CASA may direct the holder of a flight crew licence to produce any or all of the following documents for inspection by CASA:

                (a)    the holder’s licence document;

               (b)    unless the holder also holds a medical exemption for the exercise of the privileges of the licence—the holder’s medical certificate or recreational aviation medical practitioner’s certificate;

                (c)    if the holder’s licence document was issued more than 10 years before the direction is given—a document that:

                          (i)    includes a photograph of the holder showing the holder’s full face and his or her head and shoulders; and

                         (ii)    was issued within the previous 10 years by the government, or a government authority, of any of the following:

                                   (A)     the Commonwealth or a State or Territory;

                                   (B)     a foreign country, or a state or province (however described) of a foreign country; and

                        (iii)    has not expired or been cancelled.

         (2)   CASA may direct the holder of a certificate of validation to produce any or all of the following documents for inspection by CASA:

                (a)    the holder’s certificate of validation;

               (b)    the holder’s overseas medical certificate;

                (c)    the holder’s overseas flight crew licence;

               (d)    a document that:

                          (i)    includes a photograph of the holder showing the holder’s full face and his or her head and shoulders; and

                         (ii)    was issued within the previous 10 years by the government, or a government authority, of any of the following:

                                   (A)     the Commonwealth or a State or Territory;

                                   (B)     a foreign country, or a state or province (however described) of a foreign country; and

                        (iii)    has not expired or been cancelled.

         (3)   The holder of a flight crew licence or certificate of validation commits an offence if:

                (a)    CASA directs the holder to produce a document under subregulation (1) or (2); and

               (b)    the holder does not produce the document within the period mentioned in subregulation (4).

Penalty:   50 penalty units.

         (4)   For paragraph (3) (b), the period is as follows:

                (a)    if, when the direction was given, the holder was exercising, had just finished exercising, or was about to exercise, the privileges of the licence or certificate of validation—immediately;

               (b)    in any other case—7 days after the day the direction is given.

         (5)   An offence against this regulation is an offence of strict liability.

61.345    Personal logbooks—pilots

         (1)   A person who holds a pilot licence, or a certificate of validation of an overseas flight crew licence that is equivalent to a pilot licence, commits an offence if the person does not keep a personal logbook in accordance with this regulation.

Penalty:   50 penalty units.

         (2)   The person must record his or her full name and date of birth in the person’s logbook.

         (3)   The person must, as soon as practicable after completing each flight, record the following information in the person’s logbook for the flight:

                (a)    the date the flight began;

               (b)    the type of aircraft;

                (c)    whether it was a single‑engine or multi‑engine aircraft;

               (d)    the aircraft’s nationality and registration marks;

                (e)    the take‑off and landing points for the flight, and for each segment of the flight;

                (f)    the flight time (if any) flown in each of the following capacities:

                          (i)    pilot in command;

                         (ii)    co‑pilot;

                        (iii)    pilot in command under supervision;

                        (iv)    pilot receiving flight training;

               (g)    if the person is a flight instructor—any flight time spent exercising the privileges of his or her flight instructor rating;

               (h)    if the person is a flight examiner—any flight time spent exercising the privileges of his or her flight examiner rating;

                (i)    whether the flight was by day or night, or both;

                (j)    any instrument flight time;

               (k)    whether an instrument approach was conducted and, if so, the type of instrument approach procedure.

         (4)   The person must, as soon as practicable after completing each simulated flight in a flight simulation training device, record the following information in the person’s logbook for the simulated flight:

                (a)    the date the simulated flight began;

               (b)    the type of aircraft represented by the device;

                (c)    the simulated flight time (if any) performed in each of the following capacities:

                          (i)    pilot in command;

                         (ii)    co‑pilot;

                        (iii)    pilot in command under supervision;

                        (iv)    pilot receiving flight training;

               (d)    if the person is a flight instructor or simulator instructor—any time spent exercising the privileges of his or her instructor rating;

                (e)    whether the flight was conducted in simulated day or night conditions, or both;

                (f)    a description of the simulated flight activity.

61.350    Personal logbooks—flight engineers

         (1)   A person who holds a flight engineer licence, or a certificate of validation of an overseas flight crew licence that is equivalent to a flight engineer licence, commits an offence if the person does not keep a personal logbook in accordance with this regulation.

Penalty:   50 penalty units.

         (2)   The person must record his or her full name and date of birth in the person’s logbook.

         (3)   The person must, as soon as practicable after completing each flight, record the following information in the person’s logbook for the flight:

                (a)    the date the flight began;

               (b)    the type of aircraft;

                (c)    the aircraft’s nationality and registration marks;

               (d)    the name of the pilot in command;

                (e)    the take‑off and landing points for the flight;

                (f)    whether the holder was operating under training or supervision, or was conducting training or supervision;

               (g)    the amount of flight time for which the holder performed the duties of a flight engineer;

               (h)    if the person is a flight engineer instructor—any flight time spent exercising the privileges of his or her flight engineer instructor rating.

         (4)   The person must, as soon as practicable after completing each simulated flight in a flight simulation training device, record the following information in his or her personal logbook for the simulated flight:

                (a)    the date the simulated flight began;

               (b)    the type of aircraft represented by the device;

                (c)    if a person acted as pilot in command for the simulated flight—that person’s name;

               (d)    a description of the activities conducted during the simulated flight;

                (e)    whether the holder was operating under training or supervision, or was conducting training or supervision;

                (f)    the amount of time for which the holder performed the duties of flight engineer;

               (g)    if the person is a flight engineer instructor—any flight time spent exercising the privileges of his or her flight engineer instructor rating.

61.355    Retention of personal logbooks

         (1)   A person commits an offence if:

                (a)    the person is required to keep a personal logbook under regulation 61.345 or 61.350; and

               (b)    the person does not retain the logbook for 7 years after the day the last entry is made in it.

Penalty:   50 penalty units.

         (2)   A person commits an offence if:

                (a)    the person is required to keep a personal logbook under regulation 61.345 or 61.350; and

               (b)    the person does not ensure that each entry in the logbook is retained unaltered throughout the period mentioned in subregulation (1).

Penalty:   50 penalty units.

         (3)   An offence against this regulation is an offence of strict liability.

61.360    False entries in personal logbooks

         (1)   The holder of a flight crew licence or certificate of validation commits an offence if:

                (a)    the holder makes an entry in his or her personal logbook; and

               (b)    the entry is false or misleading.

Penalty:   50 penalty units.

         (2)   Paragraph (1) (b) does not apply if the entry is not false or misleading in a material particular.

Note   A defendant bears an evidential burden in relation to the matter mentioned in subregulation (2): see subsection 13.3 (3) of the Criminal Code.

         (3)   CASA may give the holder of a flight crew licence or certificate of validation a written direction to correct an entry in his or her personal logbook in accordance with the direction.

         (4)   The holder commits an offence if the holder does not comply with the direction within 14 days after the day the direction is given to the person.

Penalty:   50 penalty units.

         (5)   An offence against this regulation is an offence of strict liability.

61.365    Production of personal logbooks

         (1)   CASA may direct the holder of a flight crew licence or certificate of validation to produce the holder’s personal logbook for inspection by CASA.

         (2)   The holder of a flight crew licence or certificate of validation commits an offence if:

                (a)    CASA directs the holder to produce his or her personal logbook under subregulation (1); and

               (b)    the holder does not produce an up to date version of the personal logbook within 7 days after the day the direction is given.

Penalty:   50 penalty units.

         (3)   If the holder’s personal logbook is kept in electronic form, a requirement to produce the logbook is met if:

                (a)    the holder produces a printed copy of the logbook; and

               (b)    each page is certified by the holder as a true copy of the logbook records set out on the page.

         (4)   An offence against this regulation is an offence of strict liability.

61.370    Provision of photograph

         (1)   The holder of a flight crew licence commits an offence if:

                (a)    the holder exercises the privileges of the licence after the end of 10 years beginning:

                          (i)    when the licence was granted; or

                         (ii)    if the holder holds more than one flight crew licence—when the holder’s most recent licence was granted; and

               (b)    the holder has not, before the exercise of the privileges, given CASA a photograph of the holder:

                          (i)    showing the holder’s full face and his or her head and shoulders; and

                         (ii)    taken not earlier than 6 months before the end of the period mentioned in paragraph (a).

Penalty:   50 penalty units.

         (2)   An offence against this regulation is an offence of strict liability.

Subpart 61.E         Pilot licensing—general limitations and authorisations

Note   Subpart 61.E does not apply to glider pilot licences: see the definition of pilot licence in regulation 61.010. Subpart 61.Z deals with glider pilot licences.

Division 61.E.1            General limitations on exercise of pilot licence privileges

61.375    Limitations on exercise of privileges of pilot licences—ratings

         (1)   This regulation applies to the holder of a pilot licence, other than a student pilot licence.

         (2)   The holder is authorised to exercise the privileges of the licence in an aircraft of a particular category only if the holder also holds, as the associated aircraft category rating for the licence, the aircraft category rating for that category of aircraft.

Note   An aircraft category rating has effect only in conjunction with the licence for which it is granted. It does not authorise the exercise, in the aircraft category covered by the rating, of the privileges of any other licence held by the holder of the rating: see the definition of associated in regulation 61.010.

         (3)   The holder is authorised to exercise the privileges of the licence in an aircraft, other than an aircraft mentioned in subregulation (5), only if the holder also holds an appropriate aircraft class rating for the aircraft.

         (4)   For subregulation (3), either of the following is an appropriate aircraft class rating for an aeroplane in the single‑engine aeroplane class:

                (a)    the single-engine aeroplane class rating;

               (b)    the multi‑engine aeroplane class rating.

         (5)   The holder is authorised to exercise the privileges of the licence in:

                (a)    a multi‑crew aircraft; or

               (b)    an aircraft:

                          (i)    that is certificated for single‑pilot operation; and

                         (ii)    for which a single‑pilot type rating is required by a legislative instrument under regulation 61.060;

only if the holder also holds the appropriate pilot type rating for the aircraft type.

         (6)   However, the holder is not required to hold the pilot type rating for the aircraft if:

                (a)    the person is acting as a cruise relief co‑pilot for the aircraft; and

               (b)    the person holds a cruise relief co‑pilot type rating for the aircraft type.

         (7)   The holder is authorised to conduct an activity mentioned in column 1 of an item in table 61.375 in the exercise of the privileges of the licence only if the holder also holds the rating mentioned in column 2 of the item.

         (8)   However:

                (a)    the holder of a multi‑crew pilot licence with an aeroplane category rating is authorised, without holding an instrument rating, to pilot an aeroplane in a multi‑crew operation:

                          (i)    under the IFR; or

                         (ii)    at night under the VFR; and

               (b)    the holder of an air transport pilot licence with an aeroplane category rating is authorised, without holding an instrument rating, to pilot an aeroplane:

                          (i)    under the IFR; or

                         (ii)    at night under the VFR; and

                (c)    the holder of an air transport pilot licence with a powered‑lift category rating is authorised, without holding an instrument rating, to pilot a powered‑lift aircraft:

                          (i)    under the IFR; or

                         (ii)    at night under the VFR.

Table 61.375     Activities for which ratings are required


Item

Column 1
Activity

Column 2
Rating

1

An operation under the IFR, other than an operation mentioned in item 2

Instrument rating

2

A private operation under the IFR

Either:

   (a)  instrument rating; or

  (b)  private instrument rating

3

An operation at night under the VFR, other than:

   (a)  an operation using a night vision imaging system; or

  (b)  a night aerial application operation below 500 ft AGL

Either:

   (a)  night VFR rating; or

  (b)  instrument rating

4

An operation at night under the VFR using a night vision imaging system

Night vision imaging system rating

5

A low‑level operation

Either:

   (a)  low‑level rating; or

  (b)  aerial application rating

6

An aerial application operation below 500 ft AGL

Aerial application rating

7

An activity mentioned in paragraph 61.1165 (a), (c), (d), (e) or (f) in an aircraft

An activity mentioned in paragraph 61.1165 (g), (h) or (i)

Flight instructor rating

8

An activity mentioned in paragraph 61.1190 (a), (c), (d), (e) or (f) in a flight simulation training device

An activity mentioned in paragraph 61.1165 (b), (j) or (k) or 61.1190 (b), (g) or (h)

Either:

   (a)  flight instructor rating; or

  (b)  simulator instructor rating

9

An activity mentioned in regulation 61.1255 

Flight examiner rating

61.380    Limitations on exercise of privileges of pilot licences—flight activity endorsements

                The holder of a pilot licence is authorised to conduct a flight activity mentioned in column 2 of an item in table 61.1145 only if the holder also holds the endorsement mentioned in column 1 of the item.

61.385    Limitations on exercise of privileges of pilot licences—general competency requirement

         (1)   The holder of a pilot licence is authorised to exercise the privileges of the licence in an aircraft of a particular class or type only if the holder is competent in operating the aircraft to the standards mentioned in the Part 61 Manual of Standards for the class or type, including in all of the following areas:

                (a)    operating the aircraft’s navigation and operating systems;

               (b)    conducting all normal, abnormal and emergency flight procedures for the aircraft;

                (c)    applying operating limitations;

               (d)    flight planning procedures;

                (e)    weight and balance requirements;

                (f)    applying aircraft performance data, including take‑off and landing performance data, for the aircraft.

         (2)   The holder of a pilot licence is authorised to exercise the privileges of the licence in an aircraft that has an operative airborne collision avoidance system only if the holder is competent in the use of an airborne collision avoidance system to the standards mentioned in the Part 61 Manual of Standards.

61.390    Limitations on exercise of privileges of pilot licences—operating requirements and limitations

         (1)   The holder of a pilot licence is not authorised to conduct an activity in the exercise of the privileges of the licence in an aircraft if:

                (a)    engaging in the activity is a prescribed purpose for subsection 27 (9) of the Act; and

               (b)    the operator of the aircraft does not hold an AOC that authorises the conduct of the activity.

         (2)   The holder of a pilot licence is not authorised to conduct an activity in the exercise of the privileges of the licence if the conduct of the activity would be an offence against the Act or another provision of these Regulations.

61.395    Limitations on exercise of privileges of pilot licences—recent experience

         (1)   The holder of a pilot licence is authorised to pilot, during take‑off or landing, an aircraft of a particular category carrying a passenger by day only if the holder has, within the previous 90 days, in an aircraft of that category or an approved flight simulator for the purpose, conducted, by day or night:

                (a)    at least 3 take‑offs; and

               (b)    at least 3 landings;

while controlling the aircraft or flight simulator.

         (2)   The holder of a pilot licence is authorised to pilot, during take‑off or landing, an aircraft of a particular category carrying a passenger at night only if the holder has, within the previous 90 days, in an aircraft of that category or an approved flight simulator for the purpose, conducted, at night:

                (a)    at least 3 take‑offs; and

               (b)    at least 3 landings;

while controlling the aircraft or flight simulator.

         (3)   For paragraphs (1) (a) and (2) (a), each take‑off must be followed by a climb to at least 500 ft AGL.

         (4)   The holder is taken to meet the requirements of subregulation (1) if:

                (a)    within the previous 90 days, in an aircraft of that category or an approved flight simulator for the purpose, the holder has:

                          (i)    successfully completed a relevant check or review; or

                         (ii)    passed a flight test for a pilot licence or a rating on a pilot licence;

                        that includes at least one take‑off and at least one landing; or

               (b)    the holder is successfully participating in an operator’s approved cyclic training and proficiency program that covers operations in an aircraft of that category.

         (5)   Also, the holder is taken to meet the requirements of subregulation (2) if:

                (a)    within the previous 90 days, in an aircraft of that category or an approved flight simulator for the purpose, the holder has:

                          (i)    successfully completed a relevant check or review; or

                         (ii)    passed a flight test for a pilot licence or a rating on a pilot licence;

                        that includes at least one take‑off, and at least one landing, at night; or

               (b)    the holder is successfully participating in an operator’s approved cyclic training and proficiency program that covers operations at night in an aircraft of that category.

         (6)   In this regulation:

relevant check or review means any of the following:

                (a)    an instrument proficiency check;

               (b)    a night vision imaging system proficiency check;

                (c)    an instructor proficiency check;

               (d)    an operator proficiency check;

                (e)    a flight review.

61.400    Limitations on exercise of privileges of pilot licences—flight review

         (1)   For this Part, successful completion of a flight review for a rating on a pilot licence requires demonstration, to a person mentioned in subregulation (2), that the holder of the rating is competent in each unit of competency mentioned in the Part 61 Manual of Standards for the rating.

         (2)   For subregulation (1), the persons are as follows:

                (a)    CASA;

               (b)    the holder of an approval under regulation 61.040 for this regulation;

                (c)    a pilot instructor who holds a training endorsement that authorises the person to conduct flight training for the rating.

         (3)   The flight review must be conducted in:

                (a)    an aircraft that can be flown under the rating; or

               (b)    an approved flight simulator for the flight review.

61.405    Limitations on exercise of privileges of pilot licences—medical certificates: student and recreational pilot licence holders

         (1)   The holder of a student pilot licence or recreational pilot licence is authorised to exercise the privileges of the licence only if:

                (a)    the holder also holds a current class 1 or 2 medical certificate; or

               (b)    the holder:

                          (i)    also holds a current recreational aviation medical practitioner’s certificate; and

                         (ii)    meets the requirements mentioned in subregulation (2); or

                (c)    the holder also holds a medical exemption for the exercise of the privileges of the licence.

         (2)   For subparagraph (1) (b) (ii), the requirements are as follows:

                (a)    the holder must have:

                          (i)    given CASA a copy of the holder’s recreational aviation medical practitioner’s certificate; and

                         (ii)    received from CASA a written acknowledgement of the receipt of the copy;

               (b)    while exercising the privileges of the licence in an aircraft, the holder must carry both of the following on the aircraft:

                          (i)    the certificate;

                         (ii)    the acknowledgement mentioned in subparagraph (a) (ii);

                (c)    the holder must comply with any limitations stated on the certificate;

               (d)    the holder must meet the modified Austroads medical standards.

         (3)   In this regulation:

current: a recreational aviation medical practitioner’s certificate for the holder of a student pilot licence or recreational pilot licence is current for the shortest of the following periods:

                (a)    the period beginning on the day the certificate was signed by the medical practitioner and ending 24 months after that day;

               (b)    if, when the holder exercises the privileges of the licence, the holder is at least 65—the period beginning on the day the certificate was signed by the medical practitioner and ending 12 months after that day;

                (c)    if the certificate states the period for which it applies—the period beginning on the day the certificate was signed by the medical practitioner and ending at the end of the stated period.

Note   A licence holder must not exercise the privileges of his or her licence during any period of temporary medical unfitness that could render the holder unable to exercise those privileges safely: see regulation 67.270.

61.410    Limitations on exercise of privileges of pilot licences—medical certificates: private pilot licence holders

         (1)   The holder of a private pilot licence is authorised to exercise the privileges of the licence only if the holder also holds:

                (a)    a current class 1 or 2 medical certificate; or

               (b)    a medical exemption for the exercise of the privileges of the licence.

         (2)   However, the holder of a private pilot licence is authorised to exercise the privileges of the licence in an activity that would be authorised by a recreational pilot licence if the holder:

                (a)    also holds a current recreational aviation medical practitioner’s certificate; and

               (b)    meets the requirements mentioned in subregulation 61.405 (2).

Note   A licence holder must not exercise the privileges of his or her licence during any period of temporary medical unfitness that could render the holder unable to exercise those privileges safely: see regulation 67.270.

61.415    Limitations on exercise of privileges of pilot licences—medical certificates: commercial, multi‑crew and air transport pilot licence holders

         (1)   The holder of a commercial pilot licence, multi‑crew pilot licence or air transport pilot licence is authorised to exercise the privileges of the licence only if the holder also holds:

                (a)    a current class 1 medical certificate; or

               (b)    a medical exemption for the exercise of the privileges of the licence.

         (2)   However, the holder of a commercial pilot licence or air transport pilot licence is authorised to exercise the privileges of the licence in an activity that would be authorised by a private pilot licence if the holder also holds a current class 2 medical certificate.

         (3)   Also, the holder of a commercial pilot licence or air transport pilot licence is authorised to exercise the privileges of the licence in an activity that would be authorised by a recreational pilot licence if the holder:

                (a)    also holds a current recreational aviation medical practitioner’s certificate; and

               (b)    meets the requirements mentioned in subregulation 61.405 (2).

Note   A licence holder must not exercise the privileges of his or her licence during any period of temporary medical unfitness that could render the holder unable to exercise those privileges safely: see regulation 67.270.

61.420    Limitations on exercise of privileges of pilot licences—carriage of documents

                The holder of a pilot licence is authorised to exercise the privileges of the licence on a flight only if the holder carries the following documents on the flight:

                (a)    his or her licence document;

               (b)    if the holder holds a current class 1 or 2 medical certificate—the medical certificate;

                (c)    if the holder holds a recreational aviation medical practitioner’s certificate:

                          (i)    the medical practitioner’s certificate; and

                         (ii)    the acknowledgement of receipt mentioned in paragraph 61.405 (2) (a);

               (d)    if the licence document was issued more than 10 years before the commencement of the flight—a document that:

                          (i)    includes a photograph of the holder showing the holder’s full face and his or her head and shoulders; and

                         (ii)    was issued within the previous 10 years by the government, or a government authority, of any of the following:

                                   (A)     the Commonwealth or a State or Territory;

                                   (B)     a foreign country, or a state or province (however described) of a foreign country; and

                        (iii)    has not expired or been cancelled.

61.425    Limitations on exercise of privileges of pilot licences—unregistered aircraft

                The holder of a pilot licence is authorised to pilot an aircraft only if the aircraft is registered.

61.427    Removal of certain pilot licence conditions about airspace

         (1)   Subregulation (2) applies to a pilot licence granted on the basis of regulation 202.272 or 202.274 if the licence is subject to the condition that operations are limited to:

                (a)    flight within 25 nautical miles of the departure aerodrome; or

               (b)    flight within a flight training area; or

                (c)    flight direct between the departure aerodrome and a flight training area.

         (2)   CASA must remove the condition if:

                (a)    the licence holder applies to CASA for the removal of the condition; and

               (b)    the licence holder meets the requirements under this Part for the grant of a private pilot licence or a commercial pilot licence.

         (3)   Subregulation (4) applies to a pilot licence granted on the basis of regulation 202.272 or 202.274 if the licence is subject to the condition that operations as pilot in command are limited to uncontrolled airspace and any other class of airspace endorsed in the licence holder’s personal log book by an instructor before 4 December 2013.

         (4)   CASA must remove the condition if:

                (a)    the licence holder applies to CASA for the removal of the condition; and

               (b)    the licence holder meets the requirements under this Part for the grant of any of the following:

                          (i)    a controlled airspace endorsement;

                         (ii)    a private pilot licence;

                        (iii)    a commercial pilot licence.

Division 61.E.2            General authorisations for pilot licences

61.430    Holders of pilot licences authorised to taxi aircraft

         (1)   A person is authorised to taxi an aircraft of a particular class or type if:

                (a)    the person holds:

                          (i)    a pilot licence, other than a student pilot licence; and

                         (ii)    the category rating for the category to which aircraft of that class or type belong; and

                        (iii)    the class rating or type rating for aircraft of that class or type; or

               (b)    the person:

                          (i)    holds a student pilot licence; and

                         (ii)    is approved to taxi the aircraft by a flight instructor.

         (2)   For regulations 61.405 to 61.415, taxiing an aircraft does not constitute the exercise of the privileges of a licence.

Note   See regulation 229 of CAR for an offence relating to taxiing aircraft without being authorised to do so.

61.435    When holders of pilot licences authorised to operate aircraft radio

         (1)   A person is authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation if the person:

                (a)    holds a private pilot licence, commercial pilot licence, multi‑crew pilot licence or air transport pilot licence; or

               (b)    holds a recreational pilot licence with a flight radio endorsement; or

                (c)    holds a student pilot licence and is approved to operate the radio by a pilot instructor.

         (2)   However, the holder of a student pilot licence is authorised to transmit on a radio frequency of a kind used for ensuring the safety of air navigation only if the transmission is for the purpose of:

                (a)    safely conducting a flight that is approved by a flight instructor; or

               (b)    receiving training in the use of an aircraft radio.

         (3)   For regulations 61.405 to 61.415, transmitting on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation does not constitute the exercise of the privileges of a licence.

Note   A person is prohibited from transmitting on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation unless the person is qualified to do so: see regulation 83 of CAR.

Subpart 61.F         Student pilot licences

61.440    Privileges of student pilot licences

                Subject to Subpart 61.E and regulations 61.445 and 61.450, the holder of a student pilot licence is authorised to pilot an aircraft when receiving flight training.

Note 1   Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences.

Note 2   The holder of a student pilot licence is also authorised to taxi an aircraft in certain circumstances: see regulation 61.430.

Note 3   The holder of a student pilot licence is also authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation in certain circumstances: see regulation 61.435.

61.445    Limitations on exercise of privileges of student pilot licences—general

         (1)   The holder of a student pilot licence is authorised to pilot an aircraft only if the flight is:

                (a)    approved by, and conducted under the supervision of, a flight instructor; and

               (b)    conducted under the VFR; and

                (c)    conducted in accordance with the flight instructor’s approval.

         (2)   For paragraph (1) (a), a flight is conducted under the supervision of a flight instructor if the instructor:

                (a)    provides guidance to the pilot in relation to the flight; and

               (b)    during the flight:

                          (i)    is present:

                                   (A)     on board the aircraft; or

                                   (B)     at the aerodrome from which the flight began; or

                         (ii)    is flying within 15 nautical miles of the aerodrome reference point for the aerodrome; and

                (c)    can be contacted during the flight by radio or other electronic means.

         (3)   The holder of a student pilot licence is not authorised to pilot an aircraft carrying passengers.

         (4)   The holder of a student pilot licence is authorised to pilot an aircraft on a solo flight in a Contracting State’s airspace only if the holder has the permission (however described) of the Contracting State.

61.450    Limitations on exercise of privileges of student pilot licences—recent experience

         (1)   The holder of a student pilot licence is authorised to conduct a solo flight in an aircraft only if:

                (a)    the holder has, within the previous 14 days and in the same type of aircraft, conducted a dual flight; and

               (b)    as a result of the flight, his or her accumulated solo flight time since last conducting a dual flight would not exceed 3 hours.

         (2)   The holder is taken to meet the requirements of paragraph (1) (b) if the holder is enrolled in an integrated training course.

61.455    Requirement for grant of student pilot licences

                An applicant for a student pilot licence must be at least 15.

Subpart 61.G        Recreational pilot licences

Division 61.G.1            Privileges and grant of licences

61.460    Privileges of recreational pilot licences

                Subject to Subpart 61.E and regulations 61.465 and 61.470, the holder of a recreational pilot licence is authorised to pilot a single‑engine aircraft as pilot in command or co‑pilot if:

                (a)    the aircraft is certificated for single‑pilot operation; and

               (b)    the aircraft has a maximum certificated take‑off weight of not more than 1 500 kg; and

                (c)    the aircraft is not rocket‑powered or turbine‑powered; and

               (d)    the flight is conducted by day under the VFR; and

                (e)    either:

                          (i)    the aircraft is engaged in a private operation; or

                         (ii)    the holder is receiving flight training.

Note 1   Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences.

Note 2   The holder of a recreational pilot licence is also authorised to taxi an aircraft in certain circumstances: see regulation 61.430.

Note 3   The holder of a recreational pilot licence is also authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation if the holder also holds a flight radio endorsement: see regulation 61.435.

61.465    Limitations on exercise of privileges of recreational pilot licences—general

         (1)   The holder of a recreational pilot licence is authorised to pilot an aircraft in a Contracting State’s airspace only if the holder has the permission (however described) of the Contracting State to do so.

         (2)   The holder of a recreational pilot licence is authorised to pilot an aircraft carrying more than one passenger only if the holder:

                (a)    also holds a current class 1 or 2 medical certificate; or

               (b)    is accompanied by another pilot who:

                          (i)    holds a current class 1 or 2 medical certificate; and

                         (ii)    occupies a flight control seat in the aircraft; and

                        (iii)    is authorised to pilot the aircraft.

         (3)   The holder of a recreational pilot licence is authorised to pilot an aircraft above 10 000 ft above mean sea level only if the holder:

                (a)    also holds a current class 1 or 2 medical certificate; or

               (b)    is accompanied by another pilot who:

                          (i)    holds a current class 1 or 2 medical certificate; and

                         (ii)    occupies a flight control seat in the aircraft; and

                        (iii)    is authorised to pilot the aircraft.

61.470    Limitations on exercise of privileges of recreational pilot licences—endorsements

         (1)   The holder of a recreational pilot licence is authorised to pilot an aircraft in an area that is not:

                (a)    within:

                          (i)    a 25 nautical mile radius of the aerodrome from which the flight began; or

                         (ii)    a flight training area for the aerodrome; or

               (b)    along a route between the aerodrome and the flight training area;

only if the holder also holds a recreational navigation endorsement.

         (2)   The holder of a recreational pilot licence is authorised to pilot an aircraft in controlled airspace only if the holder also holds a controlled airspace endorsement.

         (3)   The holder of a recreational pilot licence is authorised to pilot an aircraft at a controlled aerodrome only if the holder also holds a controlled aerodrome endorsement.

61.475    Requirements for grant of recreational pilot licences

         (1)   An applicant for a recreational pilot licence must be at least 16.

         (2)   Subject to regulation 61.480, the applicant must also have:

                (a)    passed the aeronautical knowledge examination for a recreational pilot licence and the associated aircraft category rating; and

               (b)    completed flight training for a recreational pilot licence and the associated aircraft category rating; and

                (c)    passed the flight test mentioned in the Part 61 Manual of Standards for a recreational pilot licence and the associated aircraft category rating; and

               (d)    completed at least 25 hours of flight time as pilot of an aircraft of the category for which the associated aircraft category rating is sought, including:

                          (i)    at least 20 hours of dual flight; and

                         (ii)    at least 5 hours of flight time as pilot in command.

Note for paragraph (a)   For the conduct of aeronautical knowledge examinations, see Division 61.B.3.

Note for paragraph (b)   For the requirements for flight training, see Division 61.B.2.

Note for paragraph (c)   For the conduct of flight tests, see Division 61.B.4.

Note for paragraph (d)   For the determination of a person’s flight time and other aeronautical experience, see Division 61.A.2.

         (3)   Despite paragraph 61.245 (1) (a), the flight test must be conducted in an aircraft.

         (4)   The applicant is taken to meet the requirements of subregulation (2) if the applicant holds a private pilot licence, commercial pilot licence or air transport pilot licence.

61.480    Grant of recreational pilot licences in recognition of pilot certificates granted by certain organisations

         (1)   This regulation applies to an applicant for a recreational pilot licence if:

                (a)    the applicant holds a pilot certificate, granted by a recreational aviation administration organisation that administers activities involving aircraft of a particular category; and

               (b)    the certificate permits the holder to act as the pilot in command of an aircraft of that category.

         (2)   For subregulation 61.475 (2), the applicant is taken to have passed:

                (a)    the aeronautical knowledge examination; and

               (b)    the flight test;

for the licence and the associated aircraft category rating.

         (3)   The applicant is also taken to have met the requirements for the grant of:

                (a)    the aircraft category rating for each category of aircraft in which the person is permitted by the certificate to act as pilot in command; and

               (b)    the aircraft class rating for each class of aircraft in which the person is permitted by the certificate to act as pilot in command; and

                (c)    the design feature endorsement for each design feature of an aircraft in which the applicant is permitted by the certificate to act as pilot in command.

Note   The holder of an aircraft class rating must successfully complete a flight review for the rating to be authorised to exercise the privileges of the rating, and is not taken to have met the flight review requirement on the basis of being taken to have met the requirements for the grant of the rating under subregulation (3): see subregulation 61.745 (4).

Division 61.G.2            Recreational pilot licence endorsements

61.485    Kinds of recreational pilot licence endorsements

                The following are recreational pilot licence endorsements:

                (a)    a controlled aerodrome endorsement;

               (b)    a controlled airspace endorsement;

                (c)    a flight radio endorsement;

               (d)    a recreational navigation endorsement.

61.490    Privileges of recreational pilot licence endorsements

         (1)   Subject to Subpart 61.E, the holder of a recreational pilot licence with a controlled aerodrome endorsement is authorised to pilot an aircraft, as pilot in command, at a controlled aerodrome.

         (2)   Subject to Subpart 61.E, the holder of a recreational pilot licence with a controlled airspace endorsement is authorised to pilot an aircraft, as pilot in command, in controlled airspace.

         (3)   Subject to Subpart 61.E, the holder of a recreational pilot licence with a flight radio endorsement is authorised to operate an aircraft radio on the ground or in flight to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation.

         (4)   Subject to Subpart 61.E, the holder of a recreational pilot licence with a recreational navigation endorsement is authorised to pilot an aircraft, as pilot in command, on a cross‑country flight.

Note   Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences.

61.495    Requirements for grant of recreational pilot licence endorsements

         (1)   This regulation applies to a person other than a person who is eligible to be granted a recreational pilot licence endorsement under regulation 61.500.

         (2)   An applicant for a recreational pilot licence endorsement must:

                (a)    have passed the aeronautical knowledge examination for the endorsement; and

               (b)    have completed flight training for the endorsement; and

                (c)    if the endorsement is a recreational navigation endorsement—have completed, in addition to the flight time mentioned in paragraph 61.475 (2) (d), at least 5 hours of solo cross‑country flight time; and

               (d)    if the endorsement is a flight radio endorsement—have a current aviation English language proficiency assessment.

Note for paragraph (a)   For the conduct of aeronautical knowledge examinations, see Division 61.B.3.

Note for paragraph (b)   For the requirements for flight training, see Division 61.B.2.

         (3)   The cross‑country flight time required by paragraph (2) (c) must include a flight of at least 100 nautical miles, during which a full‑stop landing is made at each of 2 aerodromes or landing areas, other than the one from which the flight began.

61.500    Grant of endorsement in recognition of other qualifications

         (1)   An applicant for a recreational pilot licence endorsement is eligible to be granted the endorsement if the applicant:

                (a)    holds a recreational pilot licence; and

               (b)    holds another flight crew licence that authorises the exercise of the privileges of the endorsement.

         (2)   An applicant for a controlled aerodrome endorsement is eligible to be granted the endorsement if:

                (a)    regulation 61.480 applies to the applicant; and

               (b)    the applicant holds an approval from the recreational aviation administration organisation to pilot an aircraft at a controlled aerodrome.

         (3)   An applicant for a controlled airspace endorsement is eligible to be granted the endorsement if:

                (a)    regulation 61.480 applies to the applicant; and

               (b)    the applicant holds an approval from the recreational aviation administration organisation to pilot an aircraft in controlled airspace.

         (4)   An applicant for a flight radio endorsement is eligible to be granted the endorsement if:

                (a)    regulation 61.480 applies to the applicant; and

               (b)    the applicant holds an approval from the recreational aviation administration organisation to operate an aircraft radio; and

                (c)    the applicant has a current aviation English language proficiency assessment.

         (5)   An applicant for a recreational navigation endorsement is eligible to be granted the endorsement if:

                (a)    regulation 61.480 applies to the applicant; and

               (b)    the applicant holds a cross‑country navigation approval from the recreational aviation administration organisation; and

                (c)    the applicant has completed at least 5 hours of solo cross‑country flight time that complies with subregulation 61.495 (3).

Subpart 61.H        Private pilot licences

Division 61.H.1            General

61.505    Privileges of private pilot licences

                Subject to Subpart 61.E and regulation 61.510, the holder of a private pilot licence is authorised to pilot an aircraft as pilot in command or co‑pilot if:

                (a)    the aircraft is engaged in a private operation; or

               (b)    the holder is receiving flight training.

Note 1   Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences.

Note 2   The holder of a private pilot licence is also authorised to taxi an aircraft in certain circumstances: see regulation 61.430.

Note 3   The holder of a private pilot licence is also authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation: see regulation 61.435.

61.510    Limitations on exercise of privileges of private pilot licences—multi‑crew operations

                The holder of a private pilot licence is authorised to exercise the privileges of the licence in a multi‑crew operation only if the holder has completed an approved course of training in multi‑crew cooperation.

61.515    Requirements for grant of private pilot licences—general

         (1)   An applicant for a private pilot licence must be at least 17.

         (2)   The applicant must also have:

                (a)    passed the aeronautical knowledge examination for the private pilot licence and the associated aircraft category rating; and

               (b)    completed flight training for the private pilot licence and the associated aircraft category rating; and

                (c)    passed the flight test mentioned in the Part 61 Manual of Standards for the private pilot licence and the associated aircraft category rating; and

               (d)    met the aeronautical experience requirements mentioned in Division 61.H.2 or 61.H.3.

Note for paragraph (a)   For the conduct of aeronautical knowledge examinations, see Division 61.B.3.

Note for paragraph (b)   For the requirements for flight training, see Division 61.B.2.

Note for paragraph (c)   For the conduct of flight tests, see Division 61.B.4.

Note for paragraph (d)   For the determination of a person’s flight time and other aeronautical experience, see Division 61.A.2.

         (3)   Despite paragraph 61.245 (1) (a), the flight test must be conducted in an aircraft.

         (4)   An applicant who meets the requirements for the grant of a commercial pilot licence is taken to meet the requirements for the grant of a private pilot licence.

Division 61.H.2            Aeronautical experience requirements for private pilot licences—applicants who have completed integrated training courses

61.520    Application of Division 61.H.2

                This Division applies to an applicant for a private pilot licence who has completed an integrated training course for the licence and the associated aircraft category rating.

61.525    Aeronautical experience requirements for grant of private pilot licences—aeroplane category

         (1)   An applicant for a private pilot licence with the aeroplane category rating must have at least 35 hours of aeronautical experience that includes:

                (a)    at least 30 hours of flight time as a pilot; and

               (b)    at least 20 hours of flight time as pilot of an aeroplane; and

                (c)    at least 10 hours of solo flight time in an aeroplane; and

               (d)    at least 5 hours of solo cross‑country flight time in an aeroplane; and

                (e)    at least 2 hours of dual instrument time; and

                (f)    at least one hour of dual instrument flight time in an aeroplane.

         (2)   Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose.

         (3)   The cross‑country flight time required by paragraph (1) (d) must include a flight of at least 150 nautical miles during which a full‑stop landing is made at each of 2 aerodromes not within the flight training area for the aerodrome from which the flight began.

         (4)   The flight time in an aeroplane required by subregulation (1) must be completed in a registered or recognised aeroplane.

61.530    Aeronautical experience requirements for grant of private pilot licences—helicopter category

         (1)   An applicant for a private pilot licence with the helicopter category rating must have at least 35 hours of aeronautical experience that includes:

                (a)    at least 30 hours of flight time as pilot of a helicopter; and

               (b)    at least 10 hours of solo flight time in a helicopter; and

                (c)    at least 5 hours of solo cross‑country flight time in a helicopter; and

               (d)    at least 2 hours of dual instrument time; and

                (e)    at least one hour of dual instrument flight time in a helicopter.

         (2)   Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as:

                (a)    simulated flight time in an approved flight simulation training device for the purpose; or

               (b)    tethered flight time.

         (3)   The cross‑country flight time required by paragraph (1) (c) must include a flight of at least 100 nautical miles during which a landing is made at each of 2 landing areas, other than the one from which the flight began.

         (4)   The flight time in a helicopter required by subregulation (1) must be completed in a registered or recognised helicopter.

61.535    Aeronautical experience requirements for grant of private pilot licences—gyroplane category

         (1)   An applicant for a private pilot licence with the gyroplane category rating must have at least 35 hours of aeronautical experience that includes:

                (a)    at least 30 hours of flight time as a pilot; and

               (b)    at least 20 hours of flight time as pilot of a gyroplane; and

                (c)    at least 10 hours of solo flight time in a powered aircraft; and

               (d)    at least 5 hours of solo flight time in a gyroplane; and

                (e)    at least 5 hours of solo cross‑country flight time in a powered aircraft.

         (2)   Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose.

         (3)   The cross‑country flight time required by paragraph (1) (e) must include a flight of at least 100 nautical miles during which a full‑stop landing is made at each of 2 landing areas, other than the one from which the flight began.

         (4)   The flight time in a gyroplane required by subregulation (1) must be completed in a registered or recognised gyroplane.

Division 61.H.3            Aeronautical experience requirements for private pilot licences—applicants who have not completed integrated training courses

61.540    Application of Division 61.H.3

                This Division applies to an applicant for a private pilot licence who has not completed an integrated training course for the licence and the associated aircraft category rating.

61.545    Aeronautical experience requirements for grant of private pilot licences—aeroplane category

         (1)   An applicant for a private pilot licence with the aeroplane category rating must have at least 40 hours of aeronautical experience that includes:

                (a)    at least 35 hours of flight time as a pilot; and

               (b)    at least 20 hours of flight time as pilot of an aeroplane; and

                (c)    at least 10 hours of solo flight time in an aeroplane; and

               (d)    at least 5 hours of solo cross‑country flight time in an aeroplane; and

                (e)    at least 2 hours of dual instrument time; and

                (f)    at least one hour of dual instrument flight time in an aeroplane.

         (2)   Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose.

         (3)   The cross‑country flight time required by paragraph (1) (d) must include a flight of at least 150 nautical miles during which a full‑stop landing is made at each of 2 aerodromes not within the flight training area for the aerodrome from which the flight began.

61.550    Aeronautical experience requirements for grant of private pilot licences—helicopter category

         (1)   An applicant for a private pilot licence with the helicopter category rating must have at least 40 hours of aeronautical experience that includes:

                (a)    at least 35 hours of flight time as a pilot; and

               (b)    at least 30 hours of flight time as pilot of a helicopter; and

                (c)    at least 10 hours of solo flight time in a helicopter; and

               (d)    at least 5 hours of solo cross‑country flight time in a helicopter; and

                (e)    at least 2 hours of dual instrument time; and

                (f)    at least one hour of dual instrument flight time in a helicopter.

         (2)   Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as:

                (a)    simulated flight time in an approved flight simulation training device for the purpose; or

               (b)    tethered flight time.

         (3)   The cross‑country flight time required by paragraph (1) (d) must include a flight of at least 100 nautical miles during which a landing is made at each of 2 landing areas, other than the one from which the flight began.

61.555    Aeronautical experience requirements for grant of private pilot licences—powered‑lift aircraft category

         (1)   An applicant for a private pilot licence with the powered‑lift aircraft category rating must have at least 40 hours of aeronautical experience that includes:

                (a)    at least 35 hours of flight time as a pilot; and

               (b)    at least 30 hours of flight time as pilot of a powered‑lift aircraft or helicopter; and

                (c)    at least 20 hours of flight time as pilot of a powered‑lift aircraft; and

               (d)    at least 10 hours of solo flight time in a powered‑lift aircraft; and

                (e)    at least 5 hours of solo cross‑country flight time in a powered‑lift aircraft; and

                (f)    at least 2 hours of dual instrument time; and

               (g)    at least one hour of dual instrument flight time in a powered‑lift aircraft.

         (2)   Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as:

                (a)    simulated flight time in an approved flight simulation training device for the purpose; or

               (b)    tethered flight time.

         (3)   The cross‑country flight time required by paragraph (1) (e) must include a flight of at least 150 nautical miles during which a full‑stop landing is made at each of 2 landing areas, other than the one from which the flight began.

61.560    Aeronautical experience requirements for grant of private pilot licences—gyroplane category

         (1)   An applicant for a private pilot licence with the gyroplane category rating must have at least 40 hours of aeronautical experience that includes:

                (a)    at least 35 hours of flight time as a pilot; and

               (b)    at least 20 hours of flight time as pilot of a gyroplane; and

                (c)    at least 10 hours of solo flight time in a powered aircraft; and

               (d)    at least 5 hours of solo flight time in a gyroplane; and

                (e)    at least 5 hours of solo cross‑country flight time in a powered aircraft.

         (2)   Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose.

         (3)   The cross‑country flight time required by paragraph (1) (e) must include a flight of at least 100 nautical miles during which a full‑stop landing is made at each of 2 landing areas, other than the one from which the flight began.

61.565    Aeronautical experience requirements for grant of private pilot licences—airship category

         (1)   An applicant for a private pilot licence with the airship category rating must have completed at least 25 hours of flight time as pilot of an airship that includes:

                (a)    at least 3 hours of cross‑country flight time; and

               (b)    at least 3 hours of dual instrument flight time; and

                (c)    at least 5 hours of flight time as pilot in command under supervision.

         (2)   The cross‑country flight time required by paragraph (1) (a) must include a flight of at least 25 nautical miles.

         (3)   The applicant must have completed, at an aerodrome:

                (a)    at least 5 take‑offs; and

               (b)    at least 5 full‑stop landings.

         (4)   For paragraph (3) (b), each landing must involve a flight in traffic patterns at the aerodrome.

Subpart 61.I          Commercial pilot licences

Division 61.I.1              General

61.570    Privileges of commercial pilot licences

                Subject to Subpart 61.E and regulation 61.575, the holder of a commercial pilot licence is authorised:

                (a)    to pilot, as pilot in command, any aircraft in any operation, other than:

                          (i)    a multi‑crew aircraft in a charter or regular public transport operation; or

                         (ii)    a single‑pilot multi‑engine aircraft with more than 9 adult passengers in a regular public transport operation; or

                        (iii)    a turbojet aeroplane with a maximum take-off weight of more than 3 500 kg in a regular public transport operation; and

               (b)    to pilot, as co‑pilot, any aircraft in any operation.

Note 1   Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences.

Note 2   The holder of a commercial pilot licence is also authorised to taxi an aircraft in certain circumstances: see regulation 61.430.

Note 3   The holder of a commercial pilot licence is also authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation: see regulation 61.435.

61.575    Limitations on exercise of privileges of commercial pilot licences—multi‑crew operations

         (1)   The holder of a commercial pilot licence is authorised to exercise the privileges of the licence in a multi‑crew operation only if the holder has completed an approved course of training in multi‑crew cooperation.

         (2)   The holder of a commercial pilot licence that was granted on the basis of regulation 202.272 is taken to meet the requirement mentioned in subregulation (1) if, before 4 December 2013, the holder conducted a multi‑crew operation.

61.580    Requirements for grant of commercial pilot licences—general

         (1)   An applicant for a commercial pilot licence must be at least 18.

         (2)   The applicant must also have:

                (a)    passed the aeronautical knowledge examination for the commercial pilot licence and the associated aircraft category rating; and

               (b)    completed flight training for the commercial pilot licence and the associated aircraft category rating; and

                (c)    passed the flight test mentioned in the Part 61 Manual of Standards for the commercial pilot licence and the associated aircraft category rating; and

               (d)    met the aeronautical experience requirements mentioned in Division 61.I.2 or 61.I.3.

Note for paragraph (a)   For the conduct of aeronautical knowledge examinations, see Division 61.B.3.

Note for paragraph (b)   For the requirements for flight training, see Division 61.B.2.

Note for paragraph (c)   For the conduct of flight tests, see Division 61.B.4.

Note for paragraph (d)   For the determination of a person’s flight time and other aeronautical experience, see Division 61.A.2.

         (3)   Despite paragraph 61.245 (1) (a), the flight test must be conducted in an aircraft.

         (4)   The applicant is taken to meet the requirements of paragraph (2) (b) if the applicant holds an air transport pilot licence with the associated aircraft category rating.

Division 61.I.2              Aeronautical experience requirements for commercial pilot licences—applicants who have completed integrated training courses

61.585    Application of Division 61.I.2

                This Division applies to an applicant for a commercial pilot licence who has completed an integrated training course for the licence and the associated aircraft category rating.

61.590    Aeronautical experience requirements for grant of commercial pilot licences—aeroplane category

         (1)   An applicant for a commercial pilot licence with the aeroplane category rating must have at least 150 hours of aeronautical experience that includes:

                (a)    at least 140 hours of flight time as pilot of an aeroplane; and

               (b)    at least 70 hours of flight time as pilot in command of an aeroplane; and

                (c)    at least 20 hours of cross‑country flight time as pilot in command of an aeroplane; and

               (d)    at least 10 hours of instrument time; and

                (e)    at least 5 hours of instrument flight time in an aeroplane.

         (2)   Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose.

         (3)   The cross‑country flight time required by paragraph (1) (c) must include a flight of at least 300 nautical miles during which a full‑stop landing is made at each of 2 aerodromes not within the flight training area for the aerodrome from which the flight began.

         (4)   The flight time in an aeroplane required by subregulation (1) must be completed in a registered or recognised aeroplane.

61.595    Aeronautical experience requirements for grant of commercial pilot licences—helicopter category

         (1)   An applicant for a commercial pilot licence with the helicopter category rating must have at least 100 hours of aeronautical experience that includes:

                (a)    at least 90 hours of flight time as pilot of a helicopter; and

               (b)    at least 35 hours of flight time as pilot in command of a helicopter; and

                (c)    at least 10 hours of cross‑country flight time as pilot in command of a helicopter; and

               (d)    at least 10 hours of instrument time; and

                (e)    at least 5 hours of instrument flight time in a helicopter.

         (2)   Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as:

                (a)    simulated flight time in an approved flight simulation training device for the purpose; or

               (b)    tethered flight time.

         (3)   However, no more than 5 hours of the required aeronautical experience may be completed as tethered flight time.

         (4)   The cross‑country flight time required by paragraph (1) (c) must include a flight of at least 150 nautical miles during which a landing is made at each of 2 landing areas, other than the one from which the flight began.

         (5)   The flight time in a helicopter required by subregulation (1) must be completed in a registered or recognised helicopter.

61.600    Aeronautical experience requirements for grant of commercial pilot licences—powered‑lift aircraft category

         (1)   An applicant for a commercial pilot licence with the powered‑lift aircraft category rating must have at least 150 hours of aeronautical experience that includes:

                (a)    at least 140 hours of flight time as pilot of a powered‑lift aircraft; and

               (b)    at least 50 hours of flight time as pilot in command of a powered‑lift aircraft; and

                (c)    at least 10 hours of cross‑country flight time as pilot in command of a powered‑lift aircraft; and

               (d)    at least 10 hours of instrument time; and

                (e)    at least 5 hours of instrument flight time in a powered‑lift aircraft.

         (2)   Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as:

                (a)    simulated flight time in an approved flight simulation training device for the purpose; or

               (b)    tethered flight time.

         (3)   However, no more than 5 hours of the required aeronautical experience may be completed as tethered flight time.

         (4)   The cross‑country flight time required by paragraph (1) (c) must include a flight of at least 300 nautical miles during which a full‑stop landing is made at each of 2 landing areas, other than the one from which the flight began.

         (5)   The flight time in a powered‑lift aircraft required by subregulation (1) must be completed in a registered or recognised powered‑lift aircraft.

Division 61.I.3              Aeronautical experience requirements for commercial pilot licences—applicants who have not completed integrated training courses

61.605    Application of Division 61.I.3

                This Division applies to an applicant for a commercial pilot licence who has not completed an integrated training course for the licence and the associated aircraft category rating.

61.610    Aeronautical experience requirements for grant of commercial pilot licences—aeroplane category

         (1)   An applicant for a commercial pilot licence with the aeroplane category rating must have at least 200 hours of aeronautical experience that includes:

                (a)    at least 190 hours of flight time as a pilot; and

               (b)    at least 100 hours of flight time as pilot in command of an aeroplane; and

                (c)    at least 20 hours of cross‑country flight time as pilot in command of an aeroplane; and

               (d)    at least 10 hours of instrument time; and

                (e)    at least 5 hours of instrument flight time in an aeroplane.

         (2)   Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose.

         (3)   The cross‑country flight time required by paragraph (1) (c) must include a flight of at least 300 nautical miles during which a full‑stop landing is made at each of 2 aerodromes not within the flight training area for the aerodrome from which the flight began.

61.615    Aeronautical experience requirements for grant of commercial pilot licences—helicopter category

         (1)   An applicant for a commercial pilot licence with the helicopter category rating must have at least 150 hours of aeronautical experience that includes:

                (a)    at least 140 hours of flight time as a pilot; and

               (b)    at least 70 hours of flight time as pilot of a helicopter; and

                (c)    at least 35 hours of flight time as pilot in command of a helicopter; and

               (d)    at least 10 hours of cross‑country flight time as pilot in command of a helicopter; and

                (e)    at least 10 hours of instrument time; and

                (f)    at least 5 hours of instrument flight time in a helicopter.

         (2)   Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as:

                (a)    simulated flight time in an approved flight simulation training device for the purpose; or

               (b)    tethered flight time.

         (3)   However, no more than 5 hours of the required aeronautical experience may be completed as tethered flight time.

         (4)   The cross‑country flight time required by paragraph (1) (d) must include a flight of at least 150 nautical miles during which a landing is made at each of 2 landing areas, other than the one from which the flight began.

61.620    Aeronautical experience requirements for grant of commercial pilot licences—powered‑lift aircraft category

         (1)   An applicant for a commercial pilot licence with the powered‑lift aircraft category rating must have at least 200 hours of aeronautical experience that includes:

                (a)    at least 190 hours of flight time as a pilot; and

               (b)    at least 50 hours of flight time as pilot in command of a powered‑lift aircraft; and

                (c)    at least 10 hours of cross‑country flight time as pilot in command of a powered‑lift aircraft; and

               (d)    at least 10 hours of instrument time; and

                (e)    at least 5 hours of instrument flight time in a powered‑lift aircraft.

         (2)   Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as:

                (a)    simulated flight time in an approved flight simulation training device for the purpose; or

               (b)    tethered flight time.

         (3)   However, no more than 5 hours of the required aeronautical experience may be completed as tethered flight time.

         (4)   The cross‑country flight time required by paragraph (1) (c) must include a flight of at least 300 nautical miles during which a full‑stop landing is made at each of 2 landing areas, other than the one from which the flight began.

61.625    Aeronautical experience requirements for grant of commercial pilot licences—gyroplane category

         (1)   An applicant for a commercial pilot licence with the gyroplane category rating must have completed at least 150 hours of aeronautical experience that includes:

                (a)    at least 75 hours of flight time as pilot of a gyroplane; and

               (b)    at least 35 hours of flight time as pilot in command of a gyroplane; and

                (c)    at least 20 hours of dual flight in a gyroplane; and

               (d)    at least 20 hours of cross‑country flight time as pilot in command of a powered aircraft; and

                (e)    at least 10 hours of cross‑country flight time as pilot in command of a gyroplane; and

                (f)    at least 10 hours of dual instrument time in an aircraft or approved flight simulation training device for the purpose.

         (2)   The cross‑country flight time required by paragraph (1) (e) must include a flight of at least 150 nautical miles during which a full‑stop landing is made at each of 2 landing areas, other than the one from which the flight began.

61.630    Aeronautical experience requirements for grant of commercial pilot licences—airship category

         (1)   An applicant for a commercial pilot licence with the airship category rating must have at least 200 hours of aeronautical experience that includes:

                (a)    at least 180 hours of flight time as a pilot; and

               (b)    at least 50 hours of flight time as pilot of an airship; and

                (c)    at least 30 hours of flight time as pilot in command, or pilot in command under supervision, of an airship; and

               (d)    at least 10 hours of cross‑country flight time as pilot in command, or pilot in command under supervision, of an airship; and

                (e)    at least 10 hours of flight time at night as pilot in command, or pilot in command under supervision, of an airship; and

                (f)    at least 40 hours of instrument time; and

               (g)    at least 20 hours of instrument flight time; and

               (h)    at least 10 hours of instrument flight time in an airship.

         (2)   Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose.

Subpart 61.J         Multi‑crew pilot licences

61.635    Privileges of multi‑crew pilot licences

                Subject to Subpart 61.E and regulations 61.640 to 61.650, the holder of a multi‑crew pilot licence is authorised to pilot an aeroplane, as co‑pilot, in any operation.

Note 1   Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences.

Note 2   The holder of a multi‑crew pilot licence is also authorised to taxi an aircraft in certain circumstances: see regulation 61.430.

Note 3   The holder of a multi‑crew pilot licence is also authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation: see regulation 61.435.

61.640    Limitations on exercise of privileges of multi‑crew pilot licences—IFR flight: general

         (1)   The holder of a multi‑crew pilot licence is authorised to conduct a circling approach under the IFR on a flight only if:

                (a)    the holder passed the flight test for the licence within the previous 12 months, and the flight test included a circling approach; or

               (b)    the holder’s most recent instrument proficiency check included a circling approach; or

                (c)    the holder is successfully participating in an operator’s approved cyclic training and proficiency program that includes circling approaches.

         (2)   For paragraph (1) (b), an instrument proficiency check includes an operator proficiency check:

                (a)    that covers IFR operations; and

               (b)    that is conducted by a flight examiner who holds an instrument rating flight test endorsement.

         (3)   The holder of a multi‑crew pilot licence is authorised to conduct an instrument approach in an aircraft using a procedure of a particular kind only if the holder has:

                (a)    completed training in the conduct of instrument approaches using the procedure; and

               (b)    demonstrated, to a person mentioned in subregulation (4), his or her competence in the conduct of instrument approaches using the procedure.

         (4)   For paragraph (3) (b), the persons are as follows:

                (a)    CASA;

               (b)    an examiner or instructor who is authorised under this Part to conduct an instrument approach using the same procedure;

                (c)    a person who holds an approval under regulation 61.040 to assess the holder’s competence.

61.645    Limitations on exercise of privileges of multi‑crew pilot licences—IFR flight: recent experience

         (1)   This regulation applies to the holder of a multi‑crew pilot licence if the holder:

                (a)    has not successfully completed an operator proficiency check that covers IFR operations within the previous 3 months; and

               (b)    is not successfully participating in an operator’s approved cyclic training and proficiency program that covers IFR operations.

         (2)   The holder is authorised to pilot an aircraft under the IFR only if the holder has conducted at least 3 instrument approaches within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.

         (3)   The holder is authorised to pilot an aircraft of a particular category under the IFR only if the holder has conducted at least one instrument approach within the previous 90 days in an aircraft of the same category or an approved flight simulation training device for the purpose.

         (4)   The holder is authorised to conduct an approach using a 2D instrument approach procedure only if the holder has conducted an approach using a 2D instrument approach procedure within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.

         (5)   The holder is authorised to conduct an approach using a 3D instrument approach procedure only if the holder has conducted an approach using a 3D instrument approach procedure within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.

         (6)   The holder is authorised to conduct an instrument approach using an azimuth guidance procedure only if the holder has conducted an instrument approach using an azimuth guidance procedure within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.

         (7)   The holder is authorised to conduct an instrument approach using a course deviation indicator procedure only if the holder has conducted an instrument approach using a course deviation indicator procedure within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.

61.650    Limitations on exercise of privileges of multi‑crew pilot licences—instrument proficiency check

         (1)   The holder of a multi-crew pilot licence is authorised to exercise the privileges of the licence under the IFR only if the holder has a valid instrument proficiency check for the aeroplane category.

         (2)   However, the holder is authorised to exercise the privileges of the licence under the IFR in a multi‑engine aeroplane only if the holder has a valid instrument proficiency check for multi‑engine aeroplanes.

         (3)   For subregulations (1) and (2), the holder is taken to have a valid instrument proficiency check for the relevant aeroplane during the following periods:

                (a)    if the holder passes the flight test for the multi‑crew pilot licence in a relevant aeroplane—the period from when the holder passes the flight test to the end of the 12th month after the month in which the holder passes the flight test;

               (b)    if the holder successfully completes an operator proficiency check that covers IFR operations in the relevant aeroplane, and that is conducted by a flight examiner who holds an instrument rating flight test endorsement—the period from when the holder successfully completes the check to the end of the 12th month after the month in which the holder successfully completes the check;

                (c)    if the holder is successfully participating in an operator’s approved cyclic training and proficiency program that covers IFR operations in the relevant aeroplane—the period during which the holder is successfully participating in the program;

               (d)    if the holder successfully completes an instrument proficiency check for the relevant aeroplane—the period from when the holder successfully completes the check to the end of the 12th month after the month in which the holder successfully completes the check;

                (e)    if:

                          (i)    the holder is taken to have a valid instrument proficiency check under any of paragraphs (a) to (d) for the relevant aeroplane (the existing check); and

                         (ii)    within 3 months before the validity of the existing check expires, the holder successfully completes an instrument proficiency check for the relevant aeroplane;

the period from when the validity of the existing check expires to the end of the 12th month after the validity of the existing check expires.

         (4)   However, if, at any time, the holder attempts, but does not successfully complete, an instrument proficiency check for the relevant aeroplane, the holder is no longer taken to have a valid instrument proficiency check for the relevant aeroplane.

         (5)   For paragraphs (3) (d) and (e), the holder successfully completes an instrument proficiency check for the relevant aeroplane if:

                (a)    CASA or a flight examiner:

                          (i)    assesses the holder’s competency to conduct operations under the IFR in a relevant aeroplane as meeting the standards mentioned in the Part 61 Manual of Standards for IFR operations in the relevant aeroplane; and

                         (ii)    endorses the holder’s licence document to the effect that the holder has completed the instrument proficiency check; and

                        (iii)    includes in the endorsement the matters mentioned in subregulation (8); or

               (b)    a person mentioned in subregulation (7) assesses the holder as competent to conduct operations under the IFR in a relevant aeroplane, and CASA or a flight examiner:

                          (i)    conducts an oral assessment of the holder’s knowledge of IFR operation procedures to the standards mentioned in the Part 61 Manual of Standards for IFR operations; and

                         (ii)    endorses the holder’s licence document to the effect that the holder has completed the instrument proficiency check; and

                        (iii)    includes in the endorsement the matters mentioned in subregulation (8).

         (6)   For paragraphs (3) (d) and (e), the instrument proficiency check must be conducted in a relevant aeroplane or an approved flight simulation training device for the proficiency check.

         (7)   For paragraph (5) (b), the person is the holder of an approval under regulation 61.040 to conduct the proficiency check.

         (8)   For subparagraphs (5) (a) (iii) and (b) (iii), the matters are:

                (a)    the date on which the instrument proficiency check is conducted; and

               (b)    whether the instrument proficiency check is for the aeroplane category or multi‑engine aeroplanes.

         (9)   In this regulation:

relevant aeroplane, for an instrument proficiency check, means:

                (a)    if the instrument proficiency check is for the aeroplane category—a single‑engine or multi‑engine aeroplane; or

               (b)    if the instrument proficiency check is for multi‑engine aeroplanes—a multi-engine aeroplane.

61.655    Requirements for grant of multi‑crew pilot licences

         (1)   An applicant for a multi‑crew pilot licence must be at least 18.

         (2)   The applicant must also:

                (a)    have passed the aeronautical knowledge examination for the multi‑crew pilot licence and the aeroplane category rating; and

               (b)    have completed a multi‑crew pilot licence training course; and

                (c)    have passed the flight test mentioned in the Part 61 Manual of Standards for the multi‑crew pilot licence; and

               (d)    have met the aeronautical experience requirements mentioned in regulation 61.660; and

                (e)    hold a pilot type rating for a multi‑crew aeroplane.

Note for paragraph (a)   For the conduct of aeronautical knowledge examinations, see Division 61.B.3.

Note for paragraph (c)   For the conduct of flight tests, see Division 61.B.4.

Note for paragraph (d)   For the determination of a person’s flight time and other aeronautical experience, see Division 61.A.2.

         (3)   For paragraph (2) (c), the flight test must be conducted under the IFR in:

                (a)    a multi‑engine turbine‑powered aeroplane for which a pilot type rating is prescribed by a legislative instrument under regulation 61.055; or

               (b)    an approved flight simulator for the flight test.

61.660    Aeronautical experience requirements for grant of multi‑crew pilot licences—aeroplane category

         (1)   An applicant for a multi‑crew pilot licence with the aeroplane category rating must have at least 240 hours of aeronautical experience that includes:

                (a)    at least 40 hours of flight time as pilot of an aeroplane; and

               (b)    at least 10 hours of solo flight time in an aeroplane; and

                (c)    at least 5 hours of cross‑country flight time as pilot in command of an aeroplane.

         (2)   Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose.

         (3)   The cross‑country flight time required by paragraph (1) (c) must include a flight of at least 150 nautical miles during which a full‑stop landing is made at each of 2 aerodromes not within the flight training area for the aerodrome from which the flight began.

         (4)   The applicant must have completed at least 12 take‑offs, and at least 12 landings, in an aeroplane of the type used for the applicant’s flight test.

         (5)   The applicant is taken to meet the requirements of subregulation (4) if:

                (a)    the applicant holds an approval under regulation 61.040 for a number of take‑offs and landings that is less than 12 but not less than 6; and

               (b)    the applicant has completed at least that number of take‑offs, and at least that number of landings, in an aeroplane of the type used for the applicant’s flight test.

         (6)   CASA may grant an approval mentioned in paragraph (5) (a) only if:

                (a)    the lower number does not adversely affect the acquisition of the required skill by the applicant; and

               (b)    the Part 142 operator conducting the training course mentioned in paragraph 61.655 (2) (b) has made arrangements to ensure that corrective action can be taken if in‑training or post‑training evaluation indicates a need for corrective action.

         (7)   The flight time in an aeroplane required by subregulation (1) must be completed in a registered or recognised aeroplane.

Subpart 61.K        Air transport pilot licences

61.665    Privileges of air transport pilot licences

                Subject to Subpart 61.E and regulations 61.670 to 61.695, the holder of an air transport pilot licence is authorised to pilot an aeroplane, helicopter or powered‑lift aircraft as pilot in command or co‑pilot.

Note 1   Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences.

Note 2   The holder of an air transport pilot licence is also authorised to taxi an aircraft in certain circumstances: see regulation 61.430.

Note 3   The holder of an air transport pilot licence is also authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation: see regulation 61.435.

61.670    Limitations on exercise of privileges of air transport pilot licences—helicopter IFR flight

                The holder of an air transport pilot licence is authorised to pilot a helicopter under the IFR only if the holder also holds an instrument rating.

61.675    Limitations on exercise of privileges of air transport pilot licences—single‑pilot IFR flight

                The holder of an air transport pilot licence is authorised to pilot an aircraft in a single‑pilot operation under the IFR only if the holder has:

                (a)    passed the flight test for an instrument rating in a single‑pilot aircraft; or

               (b)    completed an instrument proficiency check in a single‑pilot aircraft.

61.680    Limitations on exercise of privileges of air transport pilot licences—IFR flight: general

         (1)   The holder of an air transport pilot licence is authorised to conduct an instrument approach of a particular kind as pilot in command of an aircraft only if the aircraft is equipped for that kind of approach.

         (2)   The holder of an air transport pilot licence is authorised to conduct a circling approach under the IFR on a flight only if:

                (a)    the holder passed the flight test for the licence within the previous 12 months, and the flight test included a circling approach; or

               (b)    the holder’s most recent instrument proficiency check included a circling approach; or

                (c)    the holder is successfully participating in the aircraft operator’s approved cyclic training and proficiency program that includes circling approaches.

         (3)   For paragraph (2) (b), an instrument proficiency check includes an operator proficiency check:

                (a)    that covers IFR operations; and

               (b)    that is conducted by a flight examiner who holds an instrument rating flight test endorsement.

         (4)   The holder of an air transport pilot licence is authorised to conduct an instrument approach in an aircraft using a procedure of a particular kind only if the holder has:

                (a)    completed training in the conduct of instrument approaches using the procedure; and

               (b)    demonstrated, to a person mentioned in subregulation (5), his or her competence in the conduct of instrument approaches using the procedure.

         (5)   For paragraph (4) (b), the persons are as follows:

                (a)    CASA;

               (b)    an examiner or instructor who is authorised under this Part to conduct an instrument approach using the same procedure;

                (c)    a person who holds an approval under regulation 61.040 to assess the holder’s competence.

61.685    Limitations on exercise of privileges of air transport pilot licences—IFR flight: recent experience

         (1)   This regulation applies to the holder of an air transport pilot licence if the holder:

                (a)    has not successfully completed an operator proficiency check that covers IFR operations within the previous 3 months; and

               (b)    is not successfully participating in an operator’s approved cyclic training and proficiency program that covers IFR operations.

         (2)   The holder is authorised to pilot an aircraft under the IFR only if the holder has conducted at least 3 instrument approaches within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.

         (3)   The holder is authorised to pilot an aircraft of a particular category under the IFR only if the holder has conducted at least one instrument approach within the previous 90 days in an aircraft of the same category or an approved flight simulation training device for the purpose.

         (4)   The holder is authorised to conduct an approach using a 2D instrument approach procedure only if the holder has conducted an approach using a 2D instrument approach procedure within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.

         (5)   The holder is authorised to conduct an approach using a 3D instrument approach procedure only if the holder has conducted an approach using a 3D instrument approach procedure within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.

         (6)   The holder is authorised to conduct an instrument approach using an azimuth guidance procedure only if the holder has conducted an instrument approach using an azimuth guidance procedure within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.

         (7)   The holder is authorised to conduct an instrument approach using a course deviation indicator procedure only if the holder has conducted an instrument approach using a course deviation indicator procedure within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.

61.690    Limitations on exercise of privileges of air transport pilot licences—single‑pilot IFR flight: recent experience

         (1)   The holder of an air transport pilot licence is authorised to pilot an aircraft under the IFR in a single‑pilot operation only if the holder has conducted a flight under the IFR in a single‑pilot operation within the previous 6 months.

         (2)   For subregulation (1), the flight must:

                (a)    have a flight time of at least one hour; and

               (b)    include at least one instrument approach.

61.695    Limitations on exercise of privileges of air transport pilot licences—instrument proficiency check

         (1)   The holder of an air transport pilot licence is authorised to exercise the privileges of the licence under the IFR in an aircraft of a particular category only if the holder has a valid instrument proficiency check for the aircraft category.

         (2)   However:

                (a)    the holder is authorised to exercise the privileges of the licence in a multi‑engine aeroplane only if the holder has a valid instrument proficiency check for multi‑engine aeroplanes; and

               (b)    the holder is authorised to exercise the privileges of the licence in a multi‑engine helicopter only if the holder has a valid instrument proficiency check for multi‑engine helicopters.

         (3)   For subregulations (1) a