Federal Register of Legislation - Australian Government

Primary content

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, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 09 Aug 2019
Tabling HistoryDate
Tabled HR09-Sep-2019
Tabled Senate09-Sep-2019
To be repealed 31 Jul 2022
Repealed by Self Repealing

Explanatory Statement

Civil Aviation Safety Regulations 1998

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

Purpose

The purpose of CASA EX79/19 — Differences Training, Class Rating Flight Training and Flight Review (Equivalent Overseas Training) Exemption 2019 (the instrument) is to exempt a holder of a pilot type rating or a flight engineer type rating from the requirement to complete the differences training the holder must complete under the Civil Aviation Safety Regulations 1998 (CASR) to pilot, or act as the flight engineer of, an aircraft of the model covered by the training, provided the holder has completed an equivalent training course of an overseas training provider authorised by a national aviation authority (NAA) of a recognised foreign State (an authorised overseas training provider).

 

The instrument also exempts the holder of an aircraft class rating from the flight training and flight review the holder is required to complete under CASR to fly an aircraft of a prescribed type if the holder completes equivalent flight training conducted by an authorised overseas training provider instead of the flight training and flight review the holder is required to complete under CASR to fly an aircraft of the prescribed type.

 

Each exemption only applies if the holder of the rating has also been assessed by the authorised overseas training provider or, for the holder of a class rating, by a person authorised by the NAA of the recognised foreign State, as competent in relation to an aircraft of the model covered by the training, and the holder has provided specified documentation to this effect to CASA.

 

The instrument will allow for the recognition of training that is not typically available within Australia because there are no operators authorised by CASA under Part 141 or Part 142 of CASR to conduct the particular training, or foreign training providers offer better outcomes, for example, because the foreign training utilises flight simulators that are not available in Australia.

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made CASR and the Civil Aviation Regulations 1988.

 

Part 61 of CASR sets out flight crew licensing requirements. Regulation 61.010 of CASR sets out definitions for Part 61, including definitions of differences training and recognised foreign State. The definition of recognised foreign State lists countries that are recognised foreign States and states that it also includes any other foreign country prescribed by a legislative instrument under regulation 61.047 of CASR.

 

Flight training and flight review for certain class-rated aircraft

Under subregulation 61.747 (1) of CASR, the holder of an aircraft class rating is authorised to exercise the privileges of the rating in an aircraft of a prescribed type only if the holder has completed specified flight training for the aircraft type and completed a flight review in an aircraft of the type or an approved flight simulator for the flight review.

Differences training

Regulation 61.780 of CASR applies if the holder of a pilot type rating passed the flight test for the rating in an aircraft model covered by the rating (the first variant) or an approved flight simulator for the first variant, and any differences training required by a legislative instrument under regulation 61.055 or 61.060 for another aircraft model covered by the rating (the second variant). Under subregulation 61.780 (2), the holder of the pilot type rating is authorised to exercise the privileges of the rating in an aircraft of the second variant only if the holder has competed the differences training for the second variant.

 

Regulation 61.1370 of CASR applies if the holder of a flight engineer type rating passed the flight test for the rating in an aircraft model covered by the rating (the first variant) or a flight simulator representing the first variant, and the differences training required by a legislative instrument under regulation 61.055 for another aircraft model covered by the rating (the second variant). Under subregulation 61.1370 (2), the holder is authorised to exercise the privileges of the rating in the second variant only if the holder has completed the differences training for the second variant.

 

Further information regarding CASR differences training and flight training and flight review requirements for class-rated aircraft is set out under the heading Background below.

 

Subpart 11.F of CASR provides for the granting of exemptions from particular provisions of the regulations. Subregulation 11.160 (1) of CASR provides that, for subsection 98 (5A) of the Act, the Civil Aviation Safety Authority (CASA) may grant an exemption from a provision of the regulations or a Civil Aviation Order.

 

Under subregulation 11.160 (2) of CASR, an exemption may be granted to a person or a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.160 (3) of CASR, an exemption may be granted on application by a person or on CASA’s own initiative.

 

Under subregulation 11.170 (3) of CASR, in deciding whether to grant an exemption on application, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety. CASA has regard to the same test when deciding whether to grant an exemption on its own initiative.

 

Regulation 11.225 of CASR requires an exemption to be published on the Internet. Under subregulation 11.230 (1), the maximum duration of an exemption is 3 years.

 

Under regulation 11.015 of CASR, an approval of this type is an authorisation under Part 11 of CASR, with Subpart 11.BA of CASR applying to the authorisation.

 

Regulation 11.055 sets out criteria that apply to CASA when granting an authorisation. Regulation 11.056 provides that an authorisation may be granted subject to any condition that CASA is satisfied is necessary in the interests of the safety of air navigation. Under regulation 11.077, a person commits an offence of strict liability if the person breaches a condition of an authorisation.

 

Subsection 98 (5D) of the Act provides that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.

Background

Part 61 requires pilots to complete type specific flight training for the grant of an aircraft type rating. The ratings are prescribed by CASA in the Prescription of aircraft and ratings — CASR Part 61 (Edition 5) Instrument 2018. CASA prescribes type ratings for all aircraft that are certified for multi-crew operations, all multi-engine helicopters, multi-engine aeroplanes that have a maximum take-off weight above 5 700 kg and other aircraft for which CASA considers it necessary in the interest of safety.

 

An aircraft type rating can cover several variant models — for example, the A320 type rating has 3 variant models: A318, A319, A320 and A321. Sometimes the differences between the variants are minor so a pilot qualified to fly one variant model is qualified to fly each of the variants. Pilots normally qualify for a type rating by completing a course of training using one variant model and demonstrate competency operating that model. The minor differences in the variants is managed by the operator as there are no additional licensing training requirements for the different models.

 

In some cases where a type rating covers more than one variant, there are significant differences between the variants such as different systems, performance and procedures – for example, the B777 and the B787 are covered by the one type rating – B777/787. However, while the variants are similar in many areas, operating both types requires specific additional differences training to be completed. In these cases, CASA prescribes the required differences training in the Prescription of aircraft and ratings — CASR Part 61 (Edition 5) Instrument 2018.

 

Regulation 61.780 of CASR requires pilots to complete a course of differences training if the pilot holds a type rating that was issued on the basis of completing the training and flight test in a variant model of the aircraft covered by the type rating and wishes to operate an aircraft included under the type rating that is a different variant model and has sufficient differences from the first variant model to require further training. Regulation 61.1370 sets out similar differences training requirements for flight engineers. The prescribed differences training for pilots or flight engineers must be completed in an aircraft or in a flight simulation training device. Allowing differences training reduces the cost and effort required to operate similar types of aircraft.

 

Aircraft not covered by a type rating are covered by an aircraft class rating. Type ratings for these aircraft are not prescribed because they are sufficiently similar to operate and pilots qualified with the class ratings are taken to have completed sufficient formal training to fly other types of aircraft in the same class. However, some types of class-rated aircraft are relatively more complex or have unique characteristics that are not so significant as to warrant a type rating being prescribed. In this case, Part 61 requires pilots need to complete type-specific training and a flight review in the type of aircraft before exercising the privileges of the class rating in that type of aircraft. The requirement in regulation 61.747 of CASR ensures pilots flying these more complex class-rated aircraft learn to fly these types of aircraft and demonstrate competency in a flight review in an aircraft of the type. CASA also prescribes these types of aircraft in the Prescription of aircraft and ratings — CASR Part 61 (Edition 5) Instrument 2018.

 

Some pilots and flight engineers have completed overseas differences training for aircraft variants, conducted by training providers authorised by recognised foreign States, that is equivalent to the differences training required under CASR. Similarly, some pilots have completed overseas training that is equivalent to the flight training required to exercise the privileges of an aircraft class rating. These pilots have been assessed as competent by a training provider authorised by the relevant NAA to fly the model or type of aircraft, as appropriate. The instrument is required because this kind of overseas training is not recognised under CASR and the ratings holders are unable to operate the relevant aircraft in compliance with the requirements of Part 61 of CASR.

 

Overview of instrument

The effect of the instrument is to exempt, in certain circumstances, the holder of a pilot type rating or a flight engineer type rating from the CASR requirement to complete the differences training required to exercise the privileges of the rating for an aircraft model. The circumstances are where the rating holder has completed a training course conducted by an authorised overseas training provider.

 

The instrument also exempts a holder of an aircraft class rating from the CASR requirement to complete the flight training required to fly the aircraft type, and complete a flight review in an aircraft of the type or in an approved flight simulator for the flight review, in circumstances where the holder has completed training related to flying an aircraft of the prescribed type that is conducted by an authorised overseas training provider.

 

The exemptions for the holder of a type rating apply if the holder completes the equivalent training course, has been assessed by the authorised overseas training provider as competent to fly, or act as the flight engineer of, the aircraft, and has provided CASA with documentation from the authorised overseas training provider to that effect.

 

The exemption for the holder of a class rating applies if the holder completes the equivalent flight training and has been assessed, by a person authorised by the NAA for the recognised foreign State to conduct the assessment, as competent to fly an aircraft of the prescribed type, and has provided CASA with documentation to that effect.

 

CASA has assessed the impact the instrument will have on aviation safety and is satisfied that the circumstances in which the exemptions in the instrument apply will preserve an acceptable level of safety.

 

Documents incorporated by reference

In accordance with subsection 98 (5D) of the Act, the instrument incorporates another instrument by reference. The incorporated document is the legislative instrument, made under regulation 61.062 of CASR, that is mentioned in subregulation 61.747 (2) of CASR, and is incorporated as in force from time to time. This instrument is generally known as the Prescription of aircraft and ratings — CASR Part 61 instrument. As noted under the definition of aircraft of the prescribed type in section 3 of the instrument, at commencement of this instrument the incorporated instrument is the Prescription of aircraft and ratings — CASR Part 61 (Edition 5) Instrument 2018. This legislative instrument is freely available on the Federal Register of Legislation (F2018L00660).

 

Content of instrument

Section 1 of the instrument sets out the name of the instrument.

 

Section 2 sets out the duration of the instrument. The instrument commences on the day after it is registered and is repealed at the end of 31 July 2022.

Section 3 sets out some definitions for the instrument. Key defined terms are authorised overseas training provider, equivalent training course and equivalent flight training.

 

Section 4 exempts the holder of a pilot type rating from compliance with regulation 61.780 of CASR to a specified extent. The exemption applies if the holder has passed the required flight test for the rating in an aircraft model covered by the rating (the first variant) or an approved flight simulator for the first variant, and completed an equivalent training course for another aircraft model covered by the rating (the second variant) and has given CASA documentation, from the overseas training provider that conducted the equivalent training course for the second variant, showing the person has completed the course and has been assessed by the provider as competent to pilot an aircraft of the model covered by the training. The exemption is from regulation 61.780 of CASR to the extent that it requires the holder to have completed differences training for the second variant to exercise the privileges of the rating in an aircraft of the second variant.

 

Section 5 exempts the holder of an aircraft class rating from compliance with regulation 61.747 of CASR to a specified extent. The exemption applies if the holder has completed the equivalent flight training for an aircraft of the prescribed type and given CASA documentation showing the person has completed the equivalent flight training and has been assessed by a person authorised by the NAA of the recognised foreign State to conduct the assessment as competent to fly an aircraft of the prescribed type. The exemption is from regulation 61.747 of CASR to the extent that it requires the holder to have completed the flight training mentioned in subregulation 61.747 (3) of CASR for the aircraft type and a flight review in an aircraft of the type or an approved flight simulator for the flight review.

 

Section 6 exempts the holder of a flight engineer type rating from compliance with regulation 61.1370 of CASR to a specified extent. The exemption applies if the holder has passed the required flight test for the rating in an aircraft model covered by the rating (the first variant) or a flight simulator that represents the first variant, completed an equivalent training course for another aircraft model covered by the rating (the second variant), and given CASA documentation, from the overseas training provider that conducted the equivalent training course for the second variant, showing the person has completed the course and has been assessed by the provider as competent to act as the flight engineer of an aircraft of the model covered by the training. The exemption is from regulation 61.1370 of CASR to the extent that it requires the holder to have completed differences training for the second variant to exercise the privileges of the rating in an aircraft of the second variant.

 

Legislation Act 2003 (the LA)

Paragraph 98 (5A) (a) of the Act provides that CASA may issue instruments in relation to matters affecting the safe navigation and operation or the maintenance of aircraft. Additionally, paragraph 98 (5AA) (a) of the Act provides that an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons. The instrument exempts classes of persons, being the holders of a pilot type rating, a flight engineer type rating or an aircraft class rating, from complying with specified provisions of CASR. The instrument is, therefore, a legislative instrument, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

 

Consultation

Consultation with external stakeholders on the proposal implemented by the instrument was undertaken in some cases, particularly with those impacted by the current rules not allowing recognition of training that is not available in Australia but is available overseas. Each of the small number of operators and pilots who have completed relevant overseas training that were consulted supported the proposal.

 

CASA is satisfied that in these circumstances no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required in this case, as the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).

 

Statement of Compatibility with Human Rights

The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Making and commencement

The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

The instrument commences on the day after it is registered and is repealed at the end of 31 July 2022.

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

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

 

This legislative instrument is compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The legislative 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 (CASR) 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 (NAA) of a recognised foreign State.

 

These exemptions apply if the holder of the rating who completed the training overseas has also been assessed by the authorised overseas training provider as competent to pilot, or act as the flight engineer of, the aircraft, and has given CASA documentation from the authorised overseas training provider to that effect.

 

The instrument also exempts the holder of an aircraft class rating from the flight training and flight review the holder is required to complete under CASR to fly an aircraft of a prescribed type if the holder completes flight training conducted by a similarly authorised overseas training provider instead of the flight training and flight review the holder is required to complete under CASR to fly an aircraft of the prescribed type. This exemption only applies if the holder of the rating who completed the flight training overseas has been assessed by a person authorised by the NAA of the recognised foreign State as competent to fly an aircraft of the prescribed type and the person has given CASA documentation showing the person has completed the training and been assessed as competent to fly the aircraft.

 

The instrument will allow for the recognition of training that is not typically available within Australia because there are no operators authorised by CASA under Part 141 or Part 142 of CASR to conduct the training.

 

Human rights implications

This legislative instrument promotes the right to work (Article 6 (1) of the International Covenant on Economic, Social and Cultural Rights) by enabling pilots to fly, and flight engineers to act as the flight engineer of, models of aircraft for which they would normally have to complete differences training required under CASR, provided they have completed equivalent training overseas. Similarly, the instrument promotes the rights to work of holders of aircraft class ratings who complete equivalent flight training overseas to fly aircraft of a prescribed type.

The exemptions in the instrument are also of benefit to the aviation industry more generally as there will be a larger pool of pilots and flight engineers who can operate aircraft of particular models, who may be employed by aircraft operators.

 

The instrument includes safeguards to address any risk to the life and health of pilots, flight engineers and other persons carried in aircraft flown by pilots or flight engineers who have completed such overseas training by ensuring the exemptions only apply if CASA has been given documentation showing that the training the person completed was conducted by a training provider authorised by the NAA of a recognised foreign State under CASR, and the person has been assessed by that provider, or, if the holder of a class rating, by a person authorised by the NAA of the recognised foreign State, as competent in relation to an aircraft of that model.

 

Conclusion

This legislative instrument is compatible with human rights because it promotes the protection of human rights.

 

 

 

Civil Aviation Safety Authority