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CASA EX148/15 Exemptions as made
This instrument continues for a further 12 months the exemption of certain pilots, conducting firefighting operations, from certain requirements of Part 61 of the Civil Aviation Safety Regulations 1998. The exemption is, of its nature, an instrument to benefit those who satisfy its terms and meet its conditions, and are thereby relieved from certain licencing obligations that might otherwise apply.
Administered by: Infrastructure and Regional Development
Made 26 Aug 2015
Registered 28 Aug 2015
Tabled HR 07 Sep 2015
Tabled Senate 07 Sep 2015
Date of repeal 31 Aug 2016
Repealed by Self Repealing

Instrument number CASA EX148/15

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 Mark Skidmore AM]

Mark Skidmore AM
Director of Aviation Safety

26 August 2015

Exemption — aerial application rating and firefighting endorsement

1          Duration

                 This instrument:

(a)   commences on 1 September 2015; and

(b)   expires at the end of 31 August 2016, as if it had been repealed by another instrument.

2          Definitions

        (1)     In this instrument:

AOC means Air Operator’s Certificate.

applicant means a person who:

(a)   before 1 September 2014 — conducted firefighting operations in an aeroplane or a helicopter for an AOC holder; and

(b)   applies to CASA for an aeroplane firefighting authorisation, or a helicopter firefighting authorisation, under Part 61 of CASR 1998, using CASA Form 61-2FF.

CAO means Civil Aviation Order.

CASR 1998 means the Civil Aviation Safety Regulations 1998.

firefighting operation means an aerial work operation (including an application operation) involving the application or dropping of water or fire retardant for the purposes of fighting, controlling or extinguishing fire.

operator means the holder of an AOC which authorises a firefighting operation.

Note   The AOC may be one issued for firefighting aerial application operations in an aeroplane under Part 137 of CASR 1998, or one for aerial work operations involving dropping from a helicopter.

                 pilot means the pilot of an aircraft in a firefighting operation who:

(a)   immediately before 1 September 2014, held a licence mentioned in column 1 of an item of the following table, that was used for conducting firefighting operations; and

(b)   immediately before the commencement of this instrument held, or was taken to hold, a licence mentioned in column 2 of the same item:

Item

Column 1

(Immediately before 1 September 2014, held:)

Column 2

(Immediately before the commencement of this instrument held, or was taken to hold:)

1

A commercial pilot licence (aeroplane)

A commercial pilot licence with an aeroplane category rating

2

An air transport pilot licence (aeroplane)

An air transport pilot licence with an aeroplane category rating

3

A commercial pilot licence (helicopter)

A commercial pilot licence with a helicopter category rating

4

An air transport pilot licence (helicopter)

An air transport pilot licence with a helicopter category rating

Note   By virtue of transitional regulation 202.263 of CASR 1998, a person who held a licence mentioned in column 1 of the Table is taken to hold the corresponding licence mentioned in column 2.

        (2)     In this instrument, a reference to the number of a provision or Table using the prefix 61, is a reference to the corresponding provision or Table in Part 61 of CASR 1998.

3          Application

        (1)     This instrument applies, according to its terms, to a pilot or an applicant.

        (2)     This instrument applies, according to its terms, to an operator.

4          Exemptions

        (1)     Schedule 1 makes exemptions which are subject to the conditions mentioned in Schedule 2.

        (2)     Schedule 3 makes exemptions which are subject to the conditions mentioned in Schedule 4.

Schedule 1          Exemptions — pilots

Aircraft (aeroplanes and helicopters)

          1     The pilot of an aircraft is exempt from subregulation 61.065 (1) — but only to the extent that the activity the pilot conducts is a firefighting operation to which this exemption instrument applies.

Note   Under subregulation 61.065 (1), but for the exemption, it would be an offence to fly in a firefighting operation without full compliance with the requirements of Part 61.

          2     The pilot of an aircraft is exempt from paragraph 4.11 of CAO 29.5 (being section 29.5 of the CAOs as contained in CAO (No. R25) 2004, as amended) — but only to the extent that the pilot must be authorised under a provision of Part 61 from which the pilot is exempted by this section.

Aeroplanes only

          3     The pilot of an aeroplane is exempt from the requirement in regulation 61.1100 — but only to the extent that, to conduct a firefighting operation in an aeroplane, the pilot is required to hold an aeroplane firefighting endorsement in accordance with item 4 of Table 61.1120.

Note   The pilot of an aeroplane in a firefighting operation must hold, or be taken to hold, an aerial application rating in accordance with item 6 of Table 61.375. By virtue of transitional regulation 202.263 of CASR 1998, he or she would be taken to hold an aerial application rating if, immediately before 1 September 2014, he or she held an agricultural pilot (aeroplane) rating grade 1 or 2 under CAO 40.6, as in force immediately before 1 September 2014, for which the new authorisation equivalent is an aerial application rating with an aeroplane aerial application endorsement. However, the pilot is exempt from the requirement to hold an aeroplane firefighting endorsement.

Helicopters only

          4     The pilot of a helicopter is exempt from subregulation 61.375 (7) — but only to the extent that, to conduct a firefighting operation in a helicopter, the pilot is required to hold an aerial application rating in accordance with item 6 of Table 61.375.

          5     The pilot of a helicopter is exempt from the requirement in regulation 61.1100 — but only to the extent that, to conduct a firefighting operation in a helicopter, the pilot is required to hold a helicopter firefighting endorsement in accordance with item 5 of Table 61.1120.

Operators (aeroplanes)

          6     The operator of an aeroplane is exempt from subregulation 137.235 (1) of CASR 1998 — but only to the extent that the pilot in command of the operator’s aeroplane in a firefighting operation must be authorised under a provision of Part 61 from which the pilot is exempted by clause 3.

Schedule 2          Conditions — pilots

Aircraft (aeroplanes and helicopters)

      1     The pilot of an aircraft may only conduct the firefighting operation in an aircraft operated under an operator’s AOC.

Note   The AOC may be one issued for firefighting aerial application operations in an aeroplane under Part 137 of CASR 1998, or one for aerial work operations involving dropping from a helicopter.

      2     The pilot of an aircraft must, before 1 September 2014, have undertaken firefighting operations training provided by an operator in accordance with its operations manual.

Aeroplanes only

      3     The pilot of an aeroplane must hold, or be taken to hold, an aerial application rating under subregulation 61.375 (7) and item 6 in Table 61.375.

Note   See the Note to clause 3 in Schedule 1.

      4     The pilot of an aeroplane must, before commencing a firefighting operation, hold a valid operator proficiency check in accordance with regulation 137.240 of CASR 1998, demonstrating competency to conduct firefighting operations:

(a)   in an aeroplane operated by an operator; and

(b)   in accordance with the operator’s operations manual.

Helicopters only

      5     The pilot of a helicopter must, immediately before 1 September 2014, have had the minimum pilot qualifications for water dropping by a helicopter engaged in firefighting operations, as mentioned in Appendix I of CAO 29.5 as in force immediately before 1 September 2014.

      6     The pilot of a helicopter in a firefighting operation involving sling operations, must, immediately before 1 September 2014, have held:

(a)   a certificate of competency in sling load operations in a helicopter in accordance with CAO 29.6 as in force immediately before 1 September 2014; and

(b)   a helicopter licence, mentioned in column 1 of the definition of pilot in section 2, which was in force and endorsed with a helicopter sling load endorsement.

      7     The pilot of a helicopter must, within the 12 months immediately preceding the firefighting operation, have been assessed as being competent to conduct firefighting operations:

(a)   in aircraft operated by an operator; and

(b)   in accordance with the operator’s operations manual.

      8     For clause 7, the assessment must be in accordance with the procedures in the operator’s operations manual, or training and checking manual.

Operators (aeroplanes or helicopters)

          9     The operator of an aeroplane must ensure that, before commencing a firefighting operation under the operator’s AOC, the pilot of the aeroplane complies with clauses 1 to 4 of this Schedule 1.

        10     The operator of a helicopter must ensure that, before commencing a firefighting operation under the operator’s AOC, the pilot of the helicopter complies with clauses 1, 2, and 5 to 7, of this Schedule 1.

Schedule 3          Exemptions — applicants

Aircraft (aeroplanes and helicopters)

          1     The applicant is exempt from the requirements in subregulation 61.1140 (2) of CASR 1998 — but only to the extent that, to apply for an aerial application endorsement for the conduct of a firefighting operation in the aircraft, the applicant is required to:

(a)   complete flight training for the endorsement; and

(b)   meet the aeronautical experience requirements mentioned in column 3 of item 4 or item 5 of Table 61.1120 for the endorsement; and

(c)   have passed a flight test mentioned in the Part 61 Manual of Standards for the endorsement; and

(d)   have passed the aeronautical knowledge examination for the endorsement.

Helicopters only

          2     The applicant is exempt from the requirements in paragraphs 61.1115 (1) (b) and (c) — but only to the extent that, to apply for an aerial application rating for the conduct of a firefighting operation in a helicopter, the applicant is required to:

(a)   meet the requirements for the grant of a helicopter firefighting endorsement in accordance with item 5 of Table 61.1120; and

(b)   have passed a flight test mentioned in the Part 61 Manual of Standards for the aerial application rating.

Schedule 4          Conditions — applicants

Aircraft (aeroplanes and helicopters)

      1     The applicant must, before 1 September 2014, have undertaken firefighting operations training provided by an operator in accordance with its operations manual.

Aeroplanes only

      2     The applicant must, before 1 September 2014, have conducted firefighting operations in an aeroplane.

      3     The applicant must hold, or be taken to hold, an aerial application rating under subregulation 61.375 (7) of CASR 1998 and item 6 in Table 61.375.

Helicopters only

      4     The applicant must, before 1 September 2014, have conducted firefighting operations in a helicopter.

      5     The applicant must, immediately before 1 September 2014, have had the minimum pilot qualifications for water dropping by a helicopter engaged in firefighting operations, as mentioned in Appendix I of CAO 29.5 as in force immediately before 1 September 2014.

      6     The applicant must, immediately before 1 September 2014, have held a current helicopter licence, mentioned in column 1 of the definition of pilot in section 2.