Federal Register of Legislation - Australian Government

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CASA EX126/15 Exemptions as made
This instrument exempts holders of certain authorisations which permit the conduct of flight training, from the requirement to obtain CASA’s approval when the holders add to their fleet of training aircraft, aircraft that are, in effect, the same kind, or similar in kind, to the aircraft with which they are already conducting the training.
Administered by: Infrastructure and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 20 Jul 2015
Tabling HistoryDate
Tabled HR10-Aug-2015
Tabled Senate10-Aug-2015
Date of repeal 30 Jun 2017
Repealed by Self Repealing

Instrument number CASA EX126/15

I, MARK ALAN SKIDMORE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed M. Skidmore]

Mark Skidmore AM
Director of Aviation Safety

13 July 2015

Exemption – Parts 141 and 142 – CASA approval of kinds of aircraft

1          Duration

                 This instrument:

(a)   commences on the day after registration; and

(b)   expires at the end of 30 June 2017, as if it had been repealed by another instrument.

2          Definitions

                 In this instrument:

authorised Part 141 flight training, for an aircraft, has the same meaning as in subregulation 141.015 (2) of CASR 1998.

CASR 1998 means the Civil Aviation Safety Regulations 1998.

Part 141 operator means the holder of a certificate granted under regulation 141.060 of CASR 1998.

Part 142 activity, in a aircraft, has the same meaning as in subregulation 142.015 (1) of CASR 1998.

Part 142 operator means the holder of an air operator certificate (AOC) that authorises the conduct of a Part 142 activity in an aircraft.

significant change, for a paragraph of subsection 5 (1), has the same meaning as in Part 141 of CASR 1998.

significant change, for a paragraph of subsection 5 (2), has the same meaning as in Part 142 of CASR 1998.

3          Application — operators

                 This instrument applies, according to its terms, to:

(a)   a Part 141 operator; and

(b)   a Part 142 operator.

4          Application — aircraft

                 This instrument has no application, operation or effect in relation to a significant change that is, or that would be, in relation to any of the following aircraft of an operator mentioned in paragraph 3 (a) or (b):

(a)   a type rated aircraft prescribed in a legislative instrument made under paragraph 61.055 (1) (a) or 61.060 (1) (a) of CASR 1998;

(b)   a variant model of a type rated aircraft mentioned in paragraph (a) that requires differences training;

(c)   an aircraft covered by a class rating, being the first aircraft of that class to be used by the operator in authorised Part 141 flight training or a Part 142 activity;

(d)   a type of aircraft prescribed in an instrument under regulation 61.062 of CASR 1998;

(e)   a pressurised aircraft, being the first pressurised aircraft to be used by the operator in authorised Part 141 flight training or a Part 142 activity;

(f)    a turbine-engined aircraft, being the first turbine-engined aircraft to be used by the operator in authorised Part 141 flight training or a Part 142 activity.

5          Exemptions

        (1)     A Part 141 operator is exempted from compliance with the requirements of the following provisions of CASR 1998:

(a)   subparagraph 141.070 (a) (i), but only to the extent that:

             (i)  a provision of Part 141 of CASR 1998 is one which requires CASA’s approval of a significant change; and

            (ii)  the significant change is one mentioned in subparagraph 141.025 (a) (ix);

Note   Under subparagraph 141.025 (a) (ix) of CASR 1998, a significant change, for which CASA’s approval is required under subregulation 141.085 (1), is a change made to the kinds of aircraft used by the operator to conduct authorised Part 141 flight training. Under subparagraph 141.070 (a) (i), but for the exemption, the operator would otherwise be required to comply with requirements under Part 141 of CASR 1998 to obtain CASA’s approval for such a change.

(b)   subregulation 141.085 (1), but only to the extent that the significant change is one mentioned in 141.025 (a) (ix);

Note   Under subparagraph 141.025 (a) (ix) of CASR 1998, a significant change, for which CASA’s approval is required under subregulation 141.085 (1), is a change made to the kinds of aircraft used by the operator to conduct authorised Part 141 flight training. Under subregulation 141.085 (1), but for the exemption, it would otherwise be an offence to make such a change without CASA’s approval.

(c)   subregulation 141.090 (1), but only to the extent that CASA must approve a significant change of a kind mentioned in subparagraph 141.025 (a) (ix);

Note   Under subparagraph 141.025 (a) (ix) of CASR 1998, a significant change, for which CASA’s approval is required under subregulation 141.090 (1), is a change made to the kinds of aircraft used by the operator to conduct authorised Part 141 flight training. Under subregulation 141.090 (1), but for the exemption, CASA would otherwise be required to specifically approve that type of change.

(d)   subregulation 141.095 (1), but only to the extent that the change is:

             (i)  a significant change; and

            (ii)  one that is mentioned in subparagraph 141.025 (a) (ix);

Note   Under subparagraph 141.025 (a) (ix) of CASR 1998, a significant change is a change made to the kinds of aircraft used by the operator to conduct authorised Part 141 flight training. Under subregulation 141.095 (1), but for the exemption, it would otherwise be an offence for the operator to make such a change outside the process described in the operator’s operations manual for making significant changes.

        (2)     A Part 142 operator is exempted from compliance with the requirements of the following provisions of CASR 1998:

(a)   paragraph 142.100 (a), but only to the extent that:

             (i)  the operator must comply with the obligation imposed on it by a provision of Part 142 of CASR 1998 which requires the operator to have or obtain CASA’s approval of a significant change; and

            (ii)  the significant change is one mentioned in subparagraph 142.030 (a) (xi);

Note   Under subparagraph 142.030 (a) (xi) of CASR 1998, a significant change, for which CASA’s approval is required under subregulation 142.140 (1), is a change made to the kinds of aircraft used by the operator to conduct a Part 142 activity. Under paragraph 142.100 (1) (a), but for the exemption,  the operator would otherwise be required to comply with requirements under Part 142 of CASR 1998 to obtain CASA’s approval for such a change.

(b)   subregulation 142.140 (1), but only to the extent that the significant change is one mentioned in subparagraph 142.030 (a) (xi).

Note   Under subparagraph 142.030 (a) (xi) of CASR 1998, a significant change, for which CASA’s approval is required under subregulation 142.140 (1), is a change made to the kinds of aircraft used by the operator to conduct a Part 142 activity. Under subregulation 142.140 (1), but for the exemption, it would otherwise be an offence to make such a change without CASA’s approval.

(c)   subregulation 142.145 (1), but only to the extent that the kinds of aircraft:

             (i)  flown into, out of, or outside Australia in the course of conducting Part 142 activities, or that are foreign registered aircraft; and

            (ii)  that must be included in the exposition under paragraph 142.340 (1) (l) of CASR 1998;

        must be approved by CASA;

Note   Under subparagraphs 142.340 (1) (l) (i) and (ii) of CASR 1998, an exposition for a Part 142 operator must include (among other things) the kind of registered aircraft flown into, out of, or outside Australia, and the kind of foreign registered aircraft used, in the course of the operator conducting its Part 142 activities. Under subregulation 142.145 (1), but for the exemption, CASA is otherwise to approve a significant change to these kinds of registered aircraft.

(d)   subregulation 142.150 (1), but only to the extent that the change is:

             (i)  a significant change; and

            (ii)  one that is mentioned in subparagraph 142.030 (a) (xi).

Note   Under subparagraph 142.030 (a) (xi) of CASR 1998, a significant change is a change made to the kinds of aircraft used by the operator to conduct a Part 142 activity. Under subregulation 142.150 (1), but for the exemption, it would otherwise be an offence for the operator to make such a change outside the process described in the operator’s exposition for making significant changes.