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CASA EX52/19 Exemptions as made
This instrument exempts a particular class of applicants for a flight examiner rating or a flight examiner endorsement from the requirement to complete a prescribed flight examiner course of training conducted by the Civil Aviation Safety Authority if the applicant completes an alternative course of training established by a training and checking organisation, and approved by CASA.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 18 Jul 2019
Tabling HistoryDate
Tabled HR22-Jul-2019
Tabled Senate23-Jul-2019
To be repealed 31 May 2021
Repealed by Self Repealing

Instrument number CASA EX52/19

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

17 July 2019

CASA EX52/19 — Flight Examiner Course Requirements (Training and Checking Organisation) Exemption 2019

1          Name

                 This instrument is CASA EX52/19 — Flight Examiner Course Requirements (Training and Checking Organisation) Exemption 2019.

2          Duration

                 This instrument:

(a)   commences on the day after it is registered; and

(b)   is repealed at the end of 31 May 2021.

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 to 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 existing 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 held the FER and FEE, for the flight tests and proficiency checks in respect of which the person delivered the course, and had been such a holder for at least 24 months; and

(d)   was 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 exempt from compliance with paragraphs 61.1290 (2) (a) and 61.1320 (2) (a) of CASR.

        (2)     An applicant for an FEE only is exempt from compliance with 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 to 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.