Federal Register of Legislation - Australian Government

Primary content

CASA EX104/18 Exemptions as made
The instrument provides exemptions for aerial application operators, and for heads of flight operations of those operators, that enable a head of flight operations to conduct operator proficiency checks for other heads of flight operations. The exemptions also enable the holder of an aerial application rating to meet aerial application proficiency check requirements if the holder successfully completes an operator proficiency check conducted by a head of flight operations. The instrument accommodates the difficulty in accessing instructors and examiners in rural and regional Australia.
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To be repealed 31 Aug 2021
Repealed by Self Repealing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 EX104/18

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

28 August 2018

CASA EX104/18 — Aerial Application Proficiency Check Instrument 2018

1          Name

          This instrument is CASA EX104/18 — Aerial Application Proficiency Check Instrument 2018.

2          Duration

          This instrument:

(a)   commences on 1 September 2018; and

(b)   is repealed at the end of 31 August 2021.

3          Definition

          In this instrument:

aerial application operator means an operator that holds an AOC that authorises the use of an aeroplane in aerial application operations.

4          Exemption — head of flight operations

(1)     This section applies if the head of flight operations of an aerial application operator (the first aerial application operator) has satisfactorily completed an operator proficiency check conducted by the head of flight operations of another aerial application operator.

Note   To avoid doubt, the head of flight operations is also known as the chief pilot.

(2)     The first aerial application operator and that operator’s head of flight operations are exempt from compliance with subregulations 137.240 (3) and (4) of CASR.

Note   Subregulations 137.240 (3) and (4) of CASR provide that an operator proficiency check for the operator’s head of flight operations must be conducted by a flight examiner or instructor authorised under Part 61 of CASR to conduct aerial application operations.

5          Exemption — aerial application rating holder

(1)     This section applies to the holder of an aerial application rating who:

(a)   holds an aeroplane aerial application endorsement or an aeroplane firefighting endorsement; and

(b)   has successfully completed an operator proficiency check that was conducted by the head of flight operations of an aerial application operator.

(2)     The holder is exempt from compliance with the requirement in paragraph 61.1110 (2) (c) of CASR that the check is conducted by a flight examiner who holds an aerial application rating flight test endorsement.

Note   Paragraph 61.1110 (2) (c) of CASR provides that the holder of an aerial application rating is taken to have a valid aerial application proficiency check if the holder successfully completes an operator proficiency check that covers operations under the rating conducted by a flight examiner who holds an aerial application rating flight test endorsement.

6          Direction

          If a head of flight operations (the first head of flight operations) of an aerial application operator conducts an operator proficiency check of the head of flight operations of another aerial application operator in accordance with this instrument, the first head of flight operations must notify CASA, in writing, of the check.