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CASA EX102/18 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), subject to conditions that require a similar level of competence as would otherwise be provided by an approved course of training in MCC.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 30 Aug 2018
Tabling HistoryDate
Tabled HR10-Sep-2018
Tabled Senate10-Sep-2018
To be repealed 31 Aug 2021
Repealed by Self Repealing

Instrument number CASA EX102/18

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

28 August 2018

CASA EX102/18 — Approved Course of Training (Multi-crew Cooperation) Exemption 2018

1          Name

                 This instrument in the CASA EX102/18 — Approved Course of Training (Multi‑crew Cooperation) Exemption 2018.

2          Duration

                 This instrument:

(a)   commences on 1 September 2018; and

(b)   is repealed at the end of 31 August 2021.

3          Definitions

                 In this instrument:

ADF means the Australian Defence Force.

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

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; 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 of CASR to conduct.

ATPL means an air transport pilot licence issued by CASA under Part 61 of CASR.

CAAP means Civil Aviation Advisory Publication.

CAO means Civil Aviation Order.

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

CPL means a commercial pilot licence issued by CASA under Part 61 of CASR.

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 requirement in Part 61 of CASR to have completed an approved course of training in MCC.

MCC means multi-crew cooperation.

MPL means multi-crew pilot licence.

multi-crew operation has the meaning as defined in regulation 61.010 of CASR.

PPL means a private pilot licence issued by CASA under Part 61 of CASR.

RPT means regular public transport.

SMS means safety management system.

this exemption instrument includes CASA EX192/15 and CASA EX225/15.

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) (ii) of CASR 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 – MPL

                 The holder of an MPL 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 to complete an approved course of training in MCC.

7          Exemption – ATPL – other applicants – CPL

                 The holder of a CPL 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 to complete an approved course of training in MCC.

8          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 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 – 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 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.

10        Exemption — single-pilot type rating without multi-crew type rating

                 The holder of a single-pilot (SP) type rating (the holder) is exempt from the requirement under paragraph 61.785 (1) (b) of CASR 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 if the holder does not hold a multi-crew type rating.

11        Conditions

                 Each exemption under section 7, 8, 9 and 10, is subject to the condition that the applicant or the holder, as the case requires:

(a)   satisfies an alternative requirement set out in at least 1 of the items in Schedule 1;

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

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

Schedule 1          Alternative requirements

Note   This Schedule applies for section 11.

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 3.

     (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 in multi-crew operations, each of which included assessment of HF&NTS competencies; or

Note   The assessment of HF&NTS competencies should be guided by reference to CAAP SMS‑3 (1) as existing from time to time.

     (5)     successful completion of alternative training, or acquisition of qualifications, or possession of experience, or a combination of these, which CASA approves 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 11.

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 competencies.

     (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 3.

     (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:

(e)   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; or

(f)    the head (however described) of training and checking of the relevant AOC holder or other operator, to whom the logbook entries or other documents relate; or

(g)   the holder of a flight examiner rating.

     (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 without 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.