Federal Register of Legislation - Australian Government

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CASA EX79/19 Exemptions as made
This instrument exempts, in certain circumstances, a holder of a pilot type rating or a flight engineer type rating from the requirement to complete the differences training the holder is required to complete under the Civil Aviation Safety Regulations 1998 to pilot, or act as the flight engineer of, an aircraft of the model covered by the training. The circumstances are where the holder completes an equivalent training course conducted by an overseas training provider authorised by a national aviation authority of a recognised foreign State.
Administered by: Infrastructure, Transport, Cities and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 09 Aug 2019
To be repealed 31 Jul 2022
Repealed by Self Repealing

Instrument number CASA EX79/19

I, SHANE PATRICK CARMODY, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed S. Carmody]

Shane Carmody
Director of Aviation Safety

8 August 2019

1          Name

                 This instrument is CASA EX79/19 — Differences Training, Class Rating Flight Training and Flight Review (Equivalent Overseas Training) Exemption 2019.

2          Duration

                 This instrument:

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

(b)   is repealed at the end of 31 July 2022.

3          Definitions

Note   In this instrument certain terms and expressions have the same meaning as they have in the Act and Regulations. These include: differences training, equivalent, for an overseas rating, flight simulation training device, overseas rating, recognised foreign State and type rating that are defined in regulation 61.010 of CASR.

                 In this instrument:

aircraft class rating has the same meaning as in Part 61 of CASR.

aircraft of the prescribed type means an aircraft of a type prescribed for regulation 61.062 of CASR in the instrument mentioned in subregulation 61.747 (2) of CASR, as in force from time to time.

Note   As at commencement of this instrument, the latest edition of this instrument is Prescription of aircraft and ratings — CASR Part 61 (Edition 5) Instrument 2018.

authorised overseas training provider means:

(a)   for an equivalent training course — a training provider authorised by the national aviation authority of a recognised foreign State to conduct the equivalent training course; and

(b)   for equivalent flight training — a training provider authorised by the national aviation authority of a recognised foreign State to conduct the equivalent flight training.

equivalent training course means a training course, related to an aircraft model, that is:

(a)   for the holder of a pilot type rating — conducted by an authorised overseas training provider, for an overseas rating that is at least equivalent to the pilot type rating; and

(b)   for the holder of a flight engineer type rating — conducted by an authorised overseas training provider, for an overseas rating that is at least equivalent to the flight engineer type rating.

Note   An equivalent training course may be a full course of training or a differences course for a variant.

equivalent flight training, for the holder of an aircraft class rating, means training, related to flying an aircraft of the prescribed type, that is conducted by an authorised overseas training provider.

flight engineer type rating has the same meaning as in Part 61 of CASR.

pilot type rating has the same meaning as in Part 61 of CASR.

4          Exemption — differences training for holder of pilot type rating

        (1)     This section applies to the holder of a pilot type rating who has:

(a)   either:

             (i)  passed the flight test for the rating in an aircraft model covered by the rating (the first variant) or in an approved flight simulator for the first variant; or

            (ii)  completed a course of training for the first variant; and

(b)   completed an equivalent training course for another aircraft model covered by the rating (the second variant); and

(c)   provided CASA with documentation, from the authorised overseas training provider that conducted the equivalent training course for the second variant, that shows that the person has:

             (i)  completed the equivalent training course for the second variant; and

            (ii)  been assessed, by the authorised overseas training provider, as competent to pilot an aircraft of the second variant.

Note   The documentation for subparagraph (c) (i) may be a course completion certificate.

        (2)     The holder of the pilot type rating is exempt from compliance with regulation 61.780 of CASR to the extent that the regulation requires the holder to have completed the differences training for the second variant to exercise the privileges of the rating in an aircraft of the second variant.

5          Exemption — flight training for holder of aircraft class rating

        (1)     This section applies to the holder of an aircraft class rating who has:

(a)   completed equivalent flight training for an aircraft of the prescribed type covered by the rating; and

(b)   provided CASA with documentation showing that the person:

             (i)  has completed the equivalent flight training for the aircraft; and

            (ii)  has been assessed, by a person authorised by the national aviation authority of the recognised foreign State to conduct the assessment, as competent to fly the aircraft.

Note   The documentation may include the aeronautical experience accumulated by the holder of the class rating in the aircraft or flight simulation training device.

        (2)     The holder of the aircraft class rating is exempt from compliance with regulation 61.747 of CASR to the extent that the regulation requires the holder to have completed the following to exercise the privileges of the rating in an aircraft of the prescribed type:

(a)   the flight training mentioned in subregulation 61.747 (3) for the aircraft type;

(b)   a flight review in an aircraft of the type or an approved flight simulator for the flight review.

6          Exemption — differences training for holder of flight engineer type rating

        (1)     This section applies to the holder of a flight engineer type rating who has:

(a)   passed the flight test for the flight engineer type rating in:

             (i)  an aircraft model covered by the rating (the first variant); or

            (ii)  a flight simulator that represents the first variant; and

(b)   completed an equivalent training course for another aircraft model covered by the flight engineer type rating (the second variant); and

(c)   provided CASA with documentation, from the authorised overseas training provider that conducted the equivalent training course for the second variant, that shows that the person has:

             (i)  completed the equivalent training course for the second variant; and

            (ii)  been assessed, by the authorised overseas training provider, as competent to act as the flight engineer of an aircraft of the second variant.

Note   The documentation for subparagraph (c) (i) may be a course completion certificate.

        (2)     The holder of the flight engineer type rating is exempt from compliance with regulation 61.1370 of CASR to the extent that the regulation requires the holder to have completed the differences training for the second variant to exercise the privileges of the rating in an aircraft of the second variant.