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CASA EX192/15 Exemptions as made
This instrument exempts certain pilot licence applicants and pilot licence holders from the requirement to complete an approved course of training in multi-crew cooperation (MCC) for the purposes of multi-crew operations. Various conditions are imposed which, in effect, require a similar level of competence as would otherwise be provided by an approved course of training in MCC. The exemption is a beneficial instrument for those to whom it applies who comply with its terms.
Administered by: Infrastructure and Regional Development
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 9
Registered 20 Nov 2015
Tabling HistoryDate
Tabled HR24-Nov-2015
Tabled Senate24-Nov-2015
Date of repeal 09 Jan 2016
Repealed by CASA EX225/15 - Exemption — from completion of an approved course of training in MCC

Instrument number CASA EX192/15

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

17 November 2015

Exemption — from completion of an approved course of training in MCC

1          Duration

                 This instrument:

(a)   commences on the day after registration; and

(b)   expires at the end of 31 August 2018, as if it had been repealed by another instrument.

2          Definitions

                 In this instrument:

ADF means the Australian Defence Force.

AOC means air operator’s certificate.

approved course of training has the same meaning as in regulation 61.010 of CASR 1998.

Note   An approved course of training means a course of training:

(a)     for which the provider holds an approval under regulation 61.040 of CASR 1998; or

(b)     that a CASR 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.

ATPL means an air transport pilot licence issued by CASA under Part 61 of CASR 1998, and includes an air transport pilot licence continued in force by regulation 202.263 of CASR 1998.

CAAP means Civil Aviation Advisory Publication.

CAR 1988 means the Civil Aviation Regulations 1988.

CASA certificate of equivalence means a certificate, issued by CASA, stating that, for item (5) of Schedule 1 of this exemption instrument, a person’s successful completion of alternative training, or acquisition of qualifications, or possession of experience, or a combination of these, is equivalent to an alternative means of compliance mentioned in items (1) to (4) of Schedule 1.

CASR 1998 means the Civil Aviation Safety Regulations 1998.

CPL means a commercial pilot licence issued by CASA under Part 61 of CASR 1998, and includes a commercial pilot licence continued in force by regulation 202.263 of CASR 1998.

EASA means the European Aviation Safety Agency.

HF&NTS means human factors and non-technical skills.

last 3 years means the 3 years immediately preceding:

(a)   in the case of an applicant for an ATPL — the date of the application; and

(b)   in any other case —  the first flight for which a pilot relies upon this exemption instrument for non-compliance with a CASR Part 61 requirement to have completed an approved course of training in MCC.

MCC means multi-crew cooperation.

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

(a)   a multi-crew aircraft; or

(b)   an aircraft that is equipped, and required by CASR 1998 or CAR 1988, to be operated by a crew of at least 2 pilots.

PPL means a private pilot licence issued by CASA under Part 61 of CASR 1998, and includes a private pilot licence continued in force by regulation 202.263 of CASR 1998.

RPT means regular public transport.

SMS means safety management system.

3          Application

                 This instrument applies according to its terms.

4          Exemption – ATPL – ADF applicants

                 A member or former member of the ADF (the applicant) who applies for the grant of an ATPL is exempt from the requirement under subparagraph 61.285 (f) (iii) of CASR 1998 to complete an approved course of training in MCC.

5          Conditions – ATPL – ADF applicants

                 The exemption in section 4 is subject to the following conditions:

(a)   the applicant must have successfully completed a course of training conducted by the ADF for a multi-crew pilot operational conversion qualification;

(b)   compliance with paragraph (a) must be evidenced by giving CASA a copy of the relevant ADF qualification showing that the applicant has completed an operational conversion training course for an aircraft that is normally operated by 2 pilots.

6          Exemption – ATPL – other applicants

                 The holder of a multi-crew pilot licence with an aircraft category rating (the applicant) who applies for the grant of an ATPL is exempt from the requirement under paragraph 61.700 (3) (e) of CASR 1998 to complete an approved course of training in MCC.

7          Exemption – PPL – exercise of privileges in multi-crew operation

                 The holder of a PPL (the holder) is exempt from the requirement under subregulation 61.510 (1) of CASR 1998 that to exercise the privileges of the licence in a multi-crew operation, the holder must have completed an approved course of training in MCC.

8          Exemption – CPL – exercise of privileges in multi-crew operation

                 The holder of a CPL (the holder) is exempt from the requirement under subregulation 61.575 (1) of CASR 1998 that to exercise the privileges of the licence in a multi-crew operation, the holder must have completed an approved course of training in MCC.

9          Exemption — single-pilot type rating with multi-crew type rating

                 The holder of a single-pilot (SP) type rating and a multi-crew type rating (the holder) is exempt from the requirement under paragraph 61.785 (1) (b) of CASR 1998 that to exercise the privileges of the SP type rating in a multi-crew operation, the holder must have completed an approved course of training in MCC.

10        Conditions

                 Each exemption under section 6, 7, 8 and 9, is subject to the following conditions:

(a)   the holder must satisfy the alternative requirement set out in at least 1 of the items in Schedule 1;

(b)   compliance with the alternative requirement set out in the item in Schedule 1 must be evidenced in accordance with Schedule 2;

(c)   any other requirement mentioned in Schedule 2 for the item in Schedule 1 must be complied with.

Schedule 1          Alternative requirements

Note   This Schedule applies for section 10.

The alternative requirements to be satisfied are:

     (1)     successful completion of a course of training in MCC approved by EASA; or

     (2)     successful completion of the training required to qualify for an EASA type rating for a multi-crew certificated aircraft; or

     (3)     both of the following:

(a)   holding a type rating;

(b)   having at least 50 hours’ experience as a pilot in multi-crew operations conducted by an Australian AOC holder engaged in RPT operations in accordance with CAO 82.3 or 82.5, being experience gained during the last 3 years; or

Note   Last 3 years is a defined expression  — see section 2.

     (4)     all of the following:

(a)   holding a type rating;

(b)   having at least 100 hours’ experience as a pilot in multi-crew operations conducted by an Australian AOC holder engaged in charter operations in accordance with CAO 82.1, being experience gained during the last 3 years;

(c)   successful completion, within the last 3 years, of 2 operator proficiency checks which included assessment of HF&NTS competences; or

Note   The assessment of HF&NTS competences should be guided by reference to CAAP SMS‑3 (1).

     (5)     successful completion of alternative training, or acquisition of qualifications, or possession of experience, or a combination of these, which CASA considers to be at least equivalent to any of the alternative requirements mentioned in items (1) to (4).

Schedule 2          Evidence and other requirements

Note   This Schedule applies for section 10.

The evidence and other requirements are as follows:

     (1)     For item (1) of Schedule 1:

(a)   a copy of a course completion certificate issued to the person by an EASA-approved training provider; and

(b)   a copy of the EASA approval held by the approved training provider that shows the approval is valid and current.

     (2)     For item (2) of Schedule 1:

(a)   a copy of the person’s current EASA flight crew licence endorsed with the multi-crew type rating for a multi-crew certificated aircraft; and

(b)   logbook evidence of the person having exercised the privileges of the rating following the grant of the rating.

     (3)     For item (3) of Schedule 1:

(a)   a copy of the person’s current CASA flight crew licence endorsed with a multi-crew type rating; and

(b)   logbook evidence of the person’s experience as a pilot in multi-crew operations for an Australian AOC holder engaged in RPT operations in accordance with CAO 82.3 or 82.5.

     (4)     For item (4) of Schedule 1:

(a)   a copy of the person’s current CASA flight crew licence endorsed with a multi-crew type rating; and

(b)   logbook evidence of the person having at least 100 hours’ experience as a pilot in multi-crew operations for an Australian AOC holder engaged in charter operations in accordance with CAO 82.1; and

(c)   evidence of the successful completion of 2 operator proficiency checks which included assessment of HF&NTS.

     (5)     For item (5) of Schedule 1:

(a)   evidence of successful completion of training, qualifications or experience, or a combination of these; and

(b)   a CASA certificate of equivalence.

Note   CASA certificate of equivalence is a defined expression — see section 2.

     (6)     For items (1) to (5) of Schedule 1, evidence in logbooks or other documents, of any of the following:

(a)   the exercise of relevant privileges;

(b)   the acquisition of experience as a pilot in multi-crew operations;

(c)   the successful completion of operator proficiency checks;

(d)   the successful completion of equivalent training, qualifications and experience;

               must be endorsed by the head (however described) of the flying operations part of the relevant AOC holder or other operator, to whom the logbook entries or other documents relate.

     (7)     For items (1) to (5) of Schedule 1, the evidence must be supplied to:

(a)   in the case of an applicant for an ATPL — CASA; and

(b)   in the case of the holder of a PPL, a CPL, or an SP type rating with a multi‑crew type rating (as the case may be) conducting multi-crew operations — the head (however described) of the flying operations part of the AOC holder or other operator for whom the pilot operates a multi-crew aircraft.

     (8)     For items (1) to (5) of Schedule 1, an applicant or a holder must, on written request, supply CASA with any information or documents CASA considers necessary to determine the appropriate application, or the continued application, of the exemption to the applicant or holder.

Note   For example, in the interests of aviation safety, CASA may require proof of authenticity of copies of documents.