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CASA EX113/2018 Exemptions as made
This instrument exempts a class of applicants for a flight examiner rating or endorsement from requirements to complete a prescribed flight examiner course conducted by CASA, if the applicant completes an alternative course established by a training and checking organisation (a TCO) approved by CASA. The course must already be established and approved for approved testing officers of the TCO before 1 September 2014. The applicants must be employees of the TCO’s operator.
Administered by: Infrastructure, Regional Development and Cities
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
Date of repeal 31 Mar 2019
Repealed by Self Repealing

Instrument number CASA EX113/18

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 EX113/18 — Flight Examiner Course Requirements (Training and Checking Organisation) Exemption 2018

1          Name

                 This instrument is CASA EX113/18 — Flight Examiner Course Requirements (Training and Checking Organisation) Exemption 2018.

2          Duration

                 This instrument:

(a)   commences on 1 September 2018; and

(b)   is repealed at the end of 31 March 2019.

3          Definitions

        (1)     In this instrument:

ATO means approved testing officer.

Note   An ATO was a CASA delegate for certain flight crew licensing functions and powers, appointed before 1 September 2014.

ATO course means a course for a pilot that:

(a)   is based on a syllabus of theoretical and practical training and assessment:

             (i)  approved by CASA before 1 September 2014; and

            (ii)  with modifications (if any) approved by CASA after 1 September 2014; and

Note   Modifications may enable the scope of a course to be expanded.

(b)   is conducted by a qualified person of an operator’s TCO; and

(c)   when successfully completed — gives the applicant the flight testing and proficiency checking competencies for the relevant FEE that are equivalent to those that an FEE holder would have for conducting the same tests or checks.

eLearning modules phase is one of the 5 phases of the FERC.

Note   The eLearning modules phase of the FERC is a modular course delivered by CASA as a self-study online course of training and assessment. It contains 6 learning modules, numbered 1 to 6. For this instrument, only Modules 1, 2 and 3 are relevant — see subsection 6 (2).

employed means engaged under a contract of service or a contract for services.

FEE means a flight examiner endorsement granted by CASA.

FER means a flight examiner rating granted by CASA.

FERC is the Flight Examiner Rating Course developed by CASA, as in existence from time to time.

Note   The FERC consists of 5 phases, each conducted by CASA, as follows: eLearning modules (1 to 6), classroom workshop, industry mentoring, interview and flight test.

operator means the operator by whom an applicant is employed.

qualified person means a person who, at the time of delivering an ATO course to an applicant:

(a)   was employed by the operator’s TCO; and

(b)   was authorised in writing by the TCO to deliver the ATO course; and

(c)   held a CASA delegation as an ATO, or holds the FER and FEE, for the flight tests and proficiency checks in respect of which the person delivers the course, and has been such a holder for at least 24 months; and

(d)   is approved as a check pilot for the TCO in accordance with the requirements of Appendix 1 of Civil Aviation Order 82.0.

relevant FER or FEE means 1 of the following that an applicant applies for:

(a)   the FER and FEE;

(b)   the FEE only.

TCO, in relation to an operator, means the operator’s training and checking organisation that, before the commencement of this instrument, was approved by CASA under subregulation 217 (3) of CAR to conduct an ATO course for the operator.

Note   Subregulation 217 (1) of CAR requires regular public transport operators, operators of aircraft with maximum take-off weight exceeding 5 700 kg, or operators specified by CASA, to have a training and checking organisation.

        (2)     Subject to subsection (1), words and phrases in this instrument have the same meaning as in Part 61 of CASR.

4          Application

                 This instrument applies to a person (an applicant) who is employed by an operator with a TCO and who applies for a relevant FER or FEE.

5          Exemptions

        (1)     An applicant for an FER and an FEE is exempted from paragraphs 61.1290 (2) (a) and 61.1320 (2) (a) of CASR.

        (2)     An applicant for an FEE only is exempted from paragraph 61.1320 (2) (a) of CASR.

        (3)     The exemptions in this section are subject to the conditions mentioned in section 6.

6          Conditions

        (1)     Before the applicant attempts the interview and flight test for a relevant FER or FEE mentioned in paragraphs 61.1290 (2) (b) and (c) and 61.1320 (2) (b) of CASR, the applicant must ensure that the following information, in writing, has been certified correct by the head of training and checking (however described) of the operator’s TCO and given to CASA:

(a)   the name and ARN of the applicant, the operator and the TCO’s head of training and checking;

(b)   that the applicant is employed by the operator;

(c)   that the TCO’s training and checking manual describes the ATO course for the relevant FER or FEE;

(d)   that the applicant has successfully completed the ATO course as delivered by a qualified person;

(e)   copies of the TCO records confirming the information under paragraph (d).

Note 1   ATO course is defined to include assessment.

Note 2   An interview and flight test are existing requirements of regulations 61.1290 and 61.1320 of CASR and they are not the subject of an exemption.

        (2)     The applicant must have successfully completed the learning and assessment for Modules 1, 2 and 3 of the eLearning modules phase of the FERC.

Note 1   When, in reliance on this instrument, an applicant successfully applies for an FER and FEE, CASA may, under regulation 11.056 of CASR, impose a condition on the FER and FEE that the holder must not exercise the resultant testing and checking privileges except in respect of the operator’s pilots.

Note 2   An applicant who applies for an FEE in reliance on this instrument must hold the licences and endorsements mentioned in column 3 of Table 61.1310 of CASR for the FEE. This is an existing requirement of subregulation 61.1320 (1) of CASR and it is not the subject of this instrument.