Federal Register of Legislation - Australian Government

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CASA EX110/14 Exemptions as made
This exemption applies to Virgin Australia International Airlines’ (the operator) B737 pilots seeking to conduct operations from 1 September 2014 under the new Civil Aviation Safety Regulations 1998 Part 61 flight crew licensing requirements and who have not completed an instrument proficiency check with the operator’s training and checking organisation. The instrument exempts these pilots from the requirement to have completed an instrument proficiency check with the operator’s training and checking organisation and a related offence provision, therefore allowing the pilots to conduct operations for the operator until transition arrangements have been finalised.
Administered by: Infrastructure and Regional Development
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 9
Made 29 Aug 2014
Registered 29 Aug 2014
Tabled HR 02 Sep 2014
Tabled Senate 02 Sep 2014
Date of repeal 31 Jan 2015
Repealed by Self Repealing

Instrument number CASA EX110/14

I, GERARD JOHN CAMPBELL, Executive Manager, Operations Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

[Signed G.J. Campbell]
Gerard J. Campbell
Executive Manager
Operations Division

29 August 2014

Exemption – instrument proficiency check – Virgin Australia

1          Duration

                 This instrument:

(a)       commences on the day of registration; and

(b)      expires at the end of January 2015, as if it had been repealed by another instrument.

2          Definitions

                 In this instrument:

CAR 217 organisation means a training and checking organisation provided by an operator under regulation 217 of the Civil Aviation Regulations 1988.

CTPP means cyclic training and proficiency program, which from 1 September 2014 will become an Approved Training and Check System under Part 61 of CASR 1998.

3          Application

                 This instrument applies to Virgin Australia International Airlines Pty Ltd, Aviation Reference Number (ARN) 768593 (the operator), in relation to the operator’s B737 pilots conducting operations from 1 September 2014 before completing an instrument proficiency check with the operator’s CAR 217 organisation.

4          Exemption 

        (1)     The operator’s B737 pilots are exempt from subregulation 61.065 (1) of CASR 1998.

        (2)     The operator’ B737 pilots are exempt from subregulation 61.695 (1) of CASR 1998.

5          Conditions

                 The exemptions are subject to the conditions mentioned in Schedule 1.

Schedule 1          Conditions

        1     The operator’s B737 pilots must be participating in the CTPP of Virgin Australia Airlines Pty Ltd, ARN 567591 (VAA), until such time as each pilot transitions to, and is inducted into, the operator’s CTPP.

        2     Each component of the operator’s CTPP must be equivalent to VAA’s CTPP.

        3     At the point in time when each of the operator’s B737 pilots transitions to, and is inducted into, the operator’s CTPP, the pilot must undertake that component of the operator’s CTPP that is equivalent to the component of VAA’s CTPP as if the pilot continued his or her CTPP with VAA and, thereafter, continue under the operator’s CTPP (the transition progression).

        4     Subject to clause 5, when a pilot has completed the first component of the transition progression, that pilot will be treated for operational purposes as being employed by the operator and will not be eligible to conduct operations on behalf of VAA.

        5     Any of the operator’s B737 pilots may conduct operations for VAA provided that the pilot is transferred and fully inducted back into VAA’s CTPP and, thereafter, will not be eligible to conduct operations on behalf of the operator.