Federal Register of Legislation - Australian Government

Primary content

CASA EX86/19 Exemptions as made
This instrument permits specified kinds of pilots to fly certain ultralight aircraft under the control of a flight training school approved by CASA in Class D airspace at the controlled aerodrome where the approved flight training school carries out flight training without meeting certain licensing and competency requirements under Part 61 of the Civil Aviation Safety Regulations 1998.
Administered by: Infrastructure, Transport, Cities and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 02 Sep 2019
Tabling HistoryDate
Tabled HR09-Sep-2019
Tabled Senate09-Sep-2019
To be repealed 31 Jan 2026
Repealed by Self Repealing

Instrument number CASA EX86/19

I, Graeme Mills crawford, Acting Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed G.M. Crawford]

Graeme M. Crawford
Acting Director of Aviation Safety

30 August 2019

Contents

Page

Part 1 – Preliminary........................................................................................................ 3

1                    Name............................................................................................................ 3

2                    Duration....................................................................................................... 3

3                    ............. Repeal of CASA EX30/17, CASA EX55/18 and CASA EX98/18  3

4                    Definitions................................................................................................... 3

Part 2 – Approval of flight training schools.................................................................. 5

5                    Approval and application process................................................................ 5

Part 3 – Relevant solo training flights by RAAus restricted pilots.............................. 6

6                    Exemption – relevant solo training flights by RAAus restricted pilots....... 6

7                    Conditions – RAAus restricted pilots – certificates and documents.......... 6

8                    Condition – approved flight training school of RAAus restricted
pilots – certificates and documents............................................................. 7

9                    Directions – CFI of approved flight training school – authorising
relevant solo training flights........................................................................ 7

10                  Condition – approved flight training school – permitting relevant solo training flights           9

11                  Direction – CFI of approved flight training school – recording authorisations of relevant solo training flights........................................................................................................... 9

12                  Directions – CFI of approved flight training school  authorising
relevant solo training flights involving airspace transitions
....................... 10

Part 4 – Relevant private hire flights by RAAus pilots.............................................. 12

13                  Exemption – relevant private hire flights by RAAus pilots....................... 12

14                  Condition – approved flight training school – permitting relevant
private hire flights...................................................................................... 12

15                  Condition – RAAus pilots – certificates and documents.......................... 12

16                  Direction – CFI of approved flight training schools – certificates and documents for relevant private hire flights.................................................................................................. 12

17                  Directions – CFI of approved flight training school – authorising first relevant private hire flight     13

18                  Conditions – approved flight training school – logbook and school
records for first relevant private hire flight................................................ 15

Part 5 – Condition and directions – reporting, record retention and audit – approved flight training schools......................................................................................................................................... 15

19                  Condition – approved flight training school – information about
accident or incident................................................................................... 15

20                  Directions – approved flight training school – record retention and
audit........................................................................................................... 16

Part 1 – Preliminary

1          Name

                 This instrument is CASA EX86/19 – Flight of Certain Ultralight Aeroplanes in Class D Airspace (Approved Flight Training Schools) Instrument 2019.

2          Duration

                 This instrument:

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

(b)   is repealed at the earlier of:

             (i)  the end of the period of 5 years following the repeal of CAO 95.55; and

            (ii)  the end of 31 July 2027.

Note   Under subsections 6 (3) and 13 (3), the exemptions in, respectively, subsections 6 (1) and 13 (1) cease to be in force on 31 July 2022. Therefore, the conditions in sections 7, 8, 10, 14, 15, 18 and 19 also cease to have effect on that date. The directions in sections 9, 11, 12, 16 and 17 cease to be in force on 31 July 2022: see, respectively, subsections 9 (5), 11 (2), 12 (7), 16 (2) and 17 (7). The directions in subsections 20 (2), (3) and (4) continue to be in force until the repeal of this instrument: see subsection 20 (5).

3          Repeal of CASA EX30/17, CASA EX55/18 and CASA EX98/18

                 The following instruments are repealed:

(a)   CASA EX30/17, Exemptions, authorisation and directions – solo flight training at Archerfield Aerodrome using ultralight aeroplanes registered with Recreational Aviation Australia;

(b)   CASA EX55/18 – Flight in Certain Ultralight Aeroplanes in Rockhampton Class D Airspace (Peace Aviation) Exemption 2018;

(c)   CASA EX98/18 – Flight in Certain Ultralight Aeroplanes in Class D Airspace at Sunshine Coast Aerodrome (Sunshine Coast Aero Club Queensland) Exemption 2018.

4          Definitions

Note   In this instrument:

·         certain terms and expressions, including civil aviation legislation, controlled aerodrome, control zone, medical certificate, pilot certificate and pilot in command, have the same meaning as they have in the Civil Aviation Act 1988 and the Regulations

·         the terms conduct, recreational aviation medical practitioner’s certificate and solo have the meaning as defined in regulation 61.010 of CASR.

                 In this instrument:

aerodrome traffic circuit means the path that a relevant aeroplane must fly when entering, flying in, or leaving the traffic circuit at a controlled aerodrome where an approved flight training school carries out flight training.

applicable CTA.1 performance criteria means the performance criteria for a CTA.1 element mentioned in subclause 2.1.1 of section 3 of Schedule 2 to the Part 61 MOS, to the extent that the performance criteria for the CTA.1 element apply to either of the following:

(a)       a relevant solo training flight, flown in a control zone at the controlled aerodrome where a school carries out flight training;

(b)      a relevant private hire flight, conducted in a control zone at the controlled aerodrome where a school carries out flight training.

approved flight training school or school means a flight training school approved by CASA in accordance with section 5.

Aviation Medical Certificate (basic class 2) means a certificate issued by CASA to a person, under a legislative instrument made by CASA, on the basis that the person meets the medical standard basic class 2, as the medical standard exists at the time CASA issues the certificate.

Note   At the time of making this instrument, an Aviation Medical Certificate (basic class 2) is issued under CASA EX65/18 – Private Pilot Licence Medical Certification (Basic Class 2 Medical Certificate) Exemption 2018 (available to view or download without cost at https://www.legislation.gov.au/Details/F2018L00980).

C3.1 elements means the elements of the competency requirements for a flight radio endorsement mentioned under the heading “C3.1 – Operate radio equipment” in subclause 2.1 of section 2 of Schedule 2 to the Part 61 MOS.

C3.1 performance criteria means the performance criteria for a C3.1 element, mentioned in subclause 2.1 of section 2 of Schedule 2 to the Part 61 MOS.

CAO 95.55 means:

(a)       Civil Aviation Order 95.55 (Exemption from the provisions of the Civil Aviation Regulations 1988 – certain ultralight aeroplanes) Instrument 2018, as in force from time to time; and

(b)      any instrument, expressed to reissue the instrument mentioned in paragraph (a), as in force from time to time.

CFI means the person who performs the duties and responsibilities of the chief flying instructor of an approved flight training school.

controlled aerodrome endorsement has the same meaning as in Division 61.G.2 of CASR.

controlled airspace endorsement has the same meaning as in Division 61.G.2 of CASR.

Cross Country Endorsement has the same meaning as in the RAAus Operations Manual.

CTA.1 elements means the elements of the competency requirements for a controlled airspace endorsement, mentioned under the heading “CTA.1 – Operate aircraft in controlled airspace” in subclause 2.1.1 of section 3 of Schedule 2 to the Part 61 MOS.

flight radio endorsement has the same meaning as in Division 61.G.2 of CASR.

medical standard basic class 2 means the commercial vehicle driver medical standards that apply to drivers of heavy vehicles, public passenger vehicles or vehicles carrying dangerous goods, published by Austroads, without conditions or restrictions other than a requirement to wear glasses or a hearing aid.

Note   At the time of making this instrument, the commercial vehicle driver medical standards mentioned in the definition of medical standard basic class 2 are included in the publication titled Assessing Fitness to Drive for commercial and private vehicle drivers, 5th edition, 2016 (as amended up to August 2017).  That publication is freely available by searching for the publication title on the Austroads Publications page, located at https://austroads.com.au/publications.

Part 61 MOS means the Part 61 Manual of Standards Instrument 2014, as in force from time to time.

RAAus means Recreational Aviation Australia Limited, ARN 224806.

RAAus Operations Manual means the document titled Recreational Aviation Australia Operations Manual, issue 7.1, dated August 2016.

Note   At the time of making this instrument, the RAAus Operations Manual is available to view or download without cost at https://www.raa.asn.au/storage/5-om-71-august-2016-single-pages.pdf.

RAAus pilot means a person who:

(a)   holds a pilot certificate issued by, or under the delegated authority of, RAAus; and

(b)   is authorised by an approved flight training school to conduct a relevant private hire flight.

RAAus restricted pilot means a person who:

(a)   holds a student pilot certificate, a converting pilot certificate or a pilot certificate, issued by or under the delegated authority of RAAus; and

(b)   is authorised by an approved flight training school to fly a relevant solo training flight.

relevant aeroplane, of an approved flight training school, means an aeroplane:

(a)   of a kind mentioned in subsection 1 of CAO 95.55; and

(b)   available for use by the school for flight training purposes at the controlled aerodrome where the school carries out flight training; and

(c)   maintained by a person authorised by the school.

relevant private hire flight, of an approved flight training school, means a flight, other than a flight involving the practical training mentioned in paragraph 17 (2) (a) or a flight mentioned in paragraph 17 (2) (b), that has the following characteristics:

(a)       the flight is operated with the authorisation of the school;

(b)      the flight is conducted:

             (i)  by an RAAus pilot, as the pilot in command; and

            (ii)  in a relevant aeroplane of the school; and;

           (iii)  in Class D airspace at the controlled aerodrome where the school carries out flight training.

Note   Class D airspace at various aerodromes is determined from time to time in a legislative instrument made under regulation 5 of the Airspace Regulations 2007. At the time of making this instrument, the legislative instrument is CASA OAR 020/19 – Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument 2019 (available to view or download without cost at https://www.legislation.gov.au/Details/F2019L00688).

relevant solo training flight, of an approved flight training school, means a solo flight that is operated:

(a)   by the school; and

(b)   in a relevant aeroplane of the school; and

(c)   in Class D airspace at the controlled aerodrome where the school carries out flight training; and

(d)   for the purpose of assessing if an RAAus restricted pilot qualifies for the issue of:

             (i)  a pilot certificate; or

            (ii)  a Cross Country Endorsement on a pilot certificate.

senior instructor means a person who performs the duties and responsibilities of a senior instructor of an approved flight training school.

Part 2 – Approval of flight training schools

5          Approval and application process

                 Who may apply to CASA for approval?

        (1)     A person approved by RAAus, in accordance with the RAAus Operations Manual, to carry out flight training may apply to CASA, in writing, for approval as an approved flight training school.

                 Approval process, including matters CASA must consider

        (2)     After receiving a written application from a person of the kind mentioned in subsection (1), CASA may, by instrument in writing, approve the person as an approved flight training school for one or more of the following:

(a)   a relevant private hire flight;

(b)   a relevant solo training flight.

        (3)     Without limiting the matters that CASA may consider for the purposes of the civil aviation legislation, in deciding whether to grant an approval to a person of the kind mentioned in subsection (1), CASA must consider whether the person has adequate personnel and procedures to ensure that the person will comply with the conditions on, and directions to, an approved flight training school under this instrument.

Part 3 – Relevant solo training flights by RAAus restricted pilots

6          Exemption – relevant solo training flights by RAAus restricted pilots

        (1)     Each of the following is exempt from complying with subparagraphs 7.3 (d) and (e) of CAO 95.55 in relation to a relevant solo training flight of an approved flight training school that is flown by an RAAus restricted pilot:

(a)    the school, if approved for a relevant solo training flight;

(b)    the RAAus restricted pilot.

        (2)     For regulation 11.205 of CASR, the exemption in subsection (1) is subject to the conditions mentioned in sections 7, 8, 10 and 19.

        (3)     The exemption in subsection (1) ceases to be in force at the end of 31 July 2022.

7          Conditions – RAAus restricted pilots – certificates and documents

                 An RAAus restricted pilot must not fly a relevant aeroplane of an approved flight training school for a relevant solo training flight at the controlled aerodrome where the school carries out flight training unless the RAAus restricted pilot:

(a)   holds a current certificate of one of the following kinds:

             (i)  an Aviation Medical Certificate (basic class 2);

            (ii)  a class 1 medical certificate;

           (iii)  a class 2 medical certificate;

           (iv)  a recreational aviation medical practitioner’s certificate; and

(b)   holds a current document of one of the following kinds:

             (i)  a flight radiotelephone operator licence;

            (ii)  a radio operator endorsement issued by, or under the delegated authority of, RAAus.

8          Condition – approved flight training school of RAAus restricted pilots – certificates and documents

                 An approved flight training school must ensure that an RAAus restricted pilot, in relation to a relevant solo training flight, complies with the requirements to hold certificates and documents mentioned in section 7.

9          Directions – CFI of approved flight training school – authorising relevant solo training flights

        (1)     The directions in subsections (2), (3) and (4) are made for regulation 11.245 of CASR.

                 Assessment and related records – controlled aerodrome competence

        (2)     The CFI of an approved flight training school must not authorise an RAAus restricted pilot to fly a relevant solo training flight of the school within an aerodrome traffic circuit unless:

(a)       the CFI or a senior instructor of the school has assessed that the RAAus restricted pilot for the relevant solo training flight has demonstrated each element of the competency requirements for a controlled aerodrome endorsement:

             (i)  mentioned in column 1 of an item in the following table; and

            (ii)  according to the performance criteria, for the element, mentioned in column 2 of the table; and

(b)      the CFI or a senior instructor who assesses the RAAus restricted pilot for the relevant solo training flight has, in relation to each element of the competency requirements for a controlled aerodrome endorsement mentioned in column 1 of the following table, entered, in writing, in the school’s records:

             (i)  that the CFI or the senior instructor assessed the RAAus restricted pilot according to the performance criteria, for each element, mentioned in column 2 of the table; and

            (ii)  for each of the performance criteria – that the CFI or the senior instructor assessed the RAAus restricted pilot as competent; and

           (iii)  if a senior instructor of the school has made an assessment mentioned in paragraph (a) – that the CFI is satisfied, on reasonable grounds, that the RAAus restricted pilot has demonstrated each element of the competency requirements mentioned in column 1 of the table.

Table       Elements of competency requirements and performance criteria – controlled aerodrome endorsement

Item

Element of competency requirement (column 1)

Performance criteria for the element (column 2)

1

CTR.1 — Controlled aerodrome pre-flight preparation

The performance criteria mentioned, for the element, in each paragraph of subclause 2.1 of section 3 of Schedule 2 to the Part 61 MOS

2

CTR.2 — Taxi aircraft at controlled aerodrome

The performance criteria mentioned, for the element, in each paragraph of subclause 2.2 of section 3 of Schedule 2 to the Part 61 MOS

3

CTR.3 — Perform departure from controlled aerodrome

The performance criteria mentioned, for the element, in each paragraph of subclause 2.3 of section 3 of Schedule 2 to the Part 61 MOS, other than paragraphs (f) and (i)

4

CTR.4 — Perform arrival at controlled aerodrome

The performance criteria mentioned, for the element, in each paragraph of subclause 2.4 of section 3 of Schedule 2 to the Part 61 MOS, other than paragraphs (a) and (c)

                 Assessment and related records – controlled airspace competence

        (3)     The CFI of an approved flight training school must not authorise an RAAus restricted pilot to fly a relevant solo training flight of the school within an aerodrome traffic circuit unless:

(a)       the CFI or a senior instructor of the school has assessed that the RAAus restricted pilot for the relevant solo training flight has demonstrated the CTA.1 elements according to the applicable CTA.1 performance criteria; and

(b)      the CFI or a senior instructor who makes an assessment mentioned in paragraph (a) has, in relation to each CTA.1 element, entered the following, in writing, in the school’s records:

             (i)  that the CFI or the senior instructor assessed the RAAus restricted pilot according to the applicable CTA.1 performance criteria;

            (ii)  for the applicable CTA.1 performance criteria – that the CFI or the senior instructor assessed the RAAus restricted pilot as competent;

           (iii)  if a senior instructor of the school has made an assessment mentioned in paragraph (a) – that the CFI is satisfied, on reasonable grounds, that the RAAus restricted pilot demonstrated each CTA.1 element.

                 Assessment and related records – flight radio competence

        (4)     The CFI of an approved flight training school must not authorise a relevant solo training flight of the school that is flown by an RAAus restricted pilot within an aerodrome traffic circuit unless:

(a)    the CFI or a senior instructor of the school has assessed that the RAAus restricted pilot for the relevant solo training flight has demonstrated the C3.1 elements according to the C3.1 performance criteria; and

(b)    the CFI or a senior instructor who makes an assessment of an RAAus restricted pilot mentioned in paragraph (a) has, in relation to each C3.1 element, entered the following, in writing, in the school’s records:

             (i)  that the CFI or the senior instructor has assessed the RAAus restricted pilot according to the C3.1 performance criteria for the C3.1 element;

            (ii)  for each C3.1 performance criteria – that the CFI or the senior instructor assessed the RAAus restricted pilot as competent;

           (iii)  if a senior instructor of the school has made an assessment mentioned in paragraph (a) – that the CFI is satisfied, on reasonable grounds, that the RAAus restricted pilot has demonstrated the C3.1 elements.

        (5)     The directions in subsections (2), (3) and (4) cease to be in force at the end of 31 July 2022.

10        Condition – approved flight training school – permitting relevant solo training flights

                 An approved flight training school must not permit an RAAus restricted pilot to commence a relevant solo training flight of the school unless the CFI has:

(a)   authorised the RAAus restricted pilot, in writing, to fly the relevant solo training flight; and

(b)   recorded the authorisation in accordance with section 11.

11        Direction – CFI of approved flight training school – recording authorisations of relevant solo training flights

        (1)     For regulation 11.245 of CASR, the CFI of an approved flight training school must record, in writing, the authorisation mentioned in paragraph 10 (a):

(a)   for an RAAus restricted pilot’s first relevant solo training flight of the school – in the RAAus restricted pilot’s logbook; and

(b)   for any other relevant solo training flight of the school by an RAAus restricted pilot – in the school’s records.

        (2)     The direction in subsection (1) ceases to be in force at the end of 31 July 2022.

12        Directions – CFI of approved flight training school – authorising relevant solo training flights involving airspace transitions

        (1)     The directions in subsections (2), (3), (4), (5) and (6) are made for regulation 11.245 of CASR.

                 Assessment and related records – controlled aerodrome competence

        (2)     The CFI of an approved flight training school must not authorise an RAAus restricted pilot to fly a relevant solo training flight involving one or more transitions between Class D and Class G airspace unless:

(a)   the CFI or a senior instructor of the school has assessed that the RAAus restricted pilot for the relevant solo training flight has demonstrated the competency requirements mentioned in the Part 61 MOS for a controlled aerodrome endorsement; and

(b)      the CFI or a senior instructor who makes an assessment of an RAAus restricted pilot mentioned in paragraph (a) has, in relation to each element of the competency requirements for a controlled aerodrome endorsement mentioned in column 1 of the following table, entered, in writing, in the school’s records:

             (i)  whether the CFI or the senior instructor assessed the RAAus restricted pilot according to the performance criteria, for each element, mentioned in column 2 of the table; and

            (ii)  for each of the performance criteria – that the CFI or the senior instructor assessed the RAAus restricted pilot as competent; and

           (iii)  if a senior instructor of the school has made an assessment mentioned in paragraph (a) – that the CFI is satisfied, on reasonable grounds, that the RAAus restricted pilot for the relevant solo training flight has demonstrated each element of the competency requirements mentioned in column 1 of the table.

Table       Elements of competency requirements and performance criteria – controlled aerodrome endorsement

Item

Element of competency requirement (column 1)

Performance criteria for the element (column 2)

1

CTR.1 — Controlled aerodrome pre-flight preparation

The performance criteria mentioned, for the element, in each paragraph of subclause 2.1 of section 3 of Schedule 2 to the Part 61 MOS

2

CTR.2 — Taxi aircraft at controlled aerodrome

The performance criteria mentioned, for the element, in each paragraph of subclause 2.2 of section 3 of Schedule 2 to the Part 61 MOS

3

CTR.3 — Perform departure from controlled aerodrome

The performance criteria mentioned, for the element, in each paragraph of subclause 2.3 of section 3 of Schedule 2 to the Part 61 MOS

4

CTR.4 — Perform arrival at controlled aerodrome

The performance criteria mentioned, for the element, in each paragraph of subclause 2.4 of section 3 of Schedule 2 to the Part 61 MOS

                 Assessment and related records – controlled airspace and flight radio competence

        (3)     The CFI of an approved flight training school must not authorise an RAAus restricted pilot to fly a relevant solo training flight involving one or more transitions between Class D and Class G airspace unless the requirements mentioned in subsections 9 (3) and 9 (4) have been met in relation to the RAAus restricted pilot.

                 Assessment and related records – practical training in flight

        (4)     The CFI of an approved flight training school must not authorise an RAAus restricted pilot’s first relevant solo training flight involving transitions between Class D and Class G airspace unless the CFI has made a record in the RAAus restricted pilot’s logbook stating that the CFI is satisfied, on reasonable grounds, that the RAAus restricted pilot has demonstrated:

(a)   the CTA.1 elements mentioned in paragraph 9 (3) (a) according to the applicable CTA.1 performance criteria; and

(b)   the C3.1 elements mentioned in paragraph 9 (4) (a) according to the C3.1 performance criteria; and

(c)   the competence requirements for a controlled aerodrome endorsement mentioned in paragraph 12 (2) (a).

   (5)     The CFI of an approved flight training school must not authorise an RAAus restricted pilot to fly a relevant solo training flight involving transitions between Class D and Class G airspace unless:

(a)    the CFI or a senior instructor of the school has conducted one or more flights with the RAAus restricted pilot that:

             (i)  depart from, and arrive at, the controlled aerodrome where the school carries out flight training; and

            (ii)  involve one or more transitions to Class G airspace; and

           (iii)  involve one or more transitions from Class G airspace; and

(b)    the RAAus restricted pilot has received practical training in flight on the airspace management procedures for Class D airspace at the controlled aerodrome where the school carries out flight training; and

(c)    if a senior instructor of the school conducts one or more of the flights mentioned in paragraph (5) (a) with the RAAus restricted pilot – the CFI of the school is satisfied, on reasonable grounds, that the RAAus restricted pilot has received practical training in flight on the airspace management procedures for Class D airspace at the controlled aerodrome where the school carries out flight training.

        (6)     However, an RAAus restricted pilot is not required to receive the practical training mentioned in paragraph (5) (b) from the CFI or a senior instructor of an approved flight training school if the CFI of the school is satisfied, on reasonable grounds, that the records of another approved flight training school at the same controlled aerodrome demonstrate that the RAAUs restricted pilot has received the practical training at the other school.

        (7)     The directions in subsections (2), (3), (4), (5) and (6) cease to be in force at the end of 31 July 2022.

Part 4 – Relevant private hire flights by RAAus pilots

13        Exemption – relevant private hire flights by RAAus pilots

        (1)     Each of the following is exempt from complying with subparagraphs 7.3 (d) and (e) of CAO 95.55 in relation to a relevant private hire flight of an approved flight training school:

(a)    the school, if approved for a relevant private hire flight;

(b)    an RAAus pilot who is the pilot in command of the relevant private hire flight.

        (2)     For regulation 11.205 of CASR, the exemption in subsection (1) is subject to the conditions mentioned in sections 14, 15, 18 and 19.

        (3)     The exemption in subsection (1) ceases to be in force at the end of 31 July 2022.

14        Condition – approved flight training school – permitting relevant private hire flights

                 An approved flight training school must not permit an RAAus pilot to commence a relevant private hire flight of the school unless the CFI of the school has authorised the RAAus pilot, in writing, to conduct the relevant private hire flight.

15        Condition – RAAus pilots – certificates and documents

                 An RAAus pilot must not fly as the pilot in command of a relevant private hire flight of an approved flight training school at the controlled aerodrome where the school carries out flight training, unless the RAAus pilot:

(a)   holds a current certificate of one of the following kinds:

             (i)  an Aviation Medical Certificate (basic class 2);

            (ii)  a class 1 medical certificate;

           (iii)  a class 2 medical certificate;

           (iv)  a recreational aviation medical practitioner’s certificate; and

(b)   holds a current document of one of the following kinds:

             (i)  a flight radiotelephone operator licence;

            (ii)  a radio operator endorsement issued by, or under the delegated authority of, RAAus.

16        Direction – CFI of approved flight training schools – certificates and documents for relevant private hire flights

        (1)     For regulation 11.245 of CASR, the CFI of an approved flight training school must not authorise a relevant private hire flight of the school unless the CFI is satisfied that the RAAus pilot who is the pilot in command for the relevant private hire flight complies with the requirements to hold certificates and documents mentioned in paragraphs 15 (a) and (b).

        (2)     The direction in subsection (1) ceases to be in force at the end of 31 July 2022.

17        Directions – CFI of approved flight training school – authorising first relevant private hire flight

        (1)     The directions in subsections (2), (3), (4), (5) and (6) are made for regulation 11.245 of CASR.

                 Requirements – practical in flight training and conducting flights involving transitions

        (2)     The CFI of an approved flight training school must not authorise an RAAus pilot’s first relevant private hire flight in a relevant aeroplane of the school unless the CFI:

(a)   is satisfied, on reasonable grounds, that the RAAus pilot has received practical training in flight on the airspace management procedures for Class D airspace at the controlled aerodrome where the school carries out flight training; and

(b)   has conducted one or more flights with the RAAus pilot that:

             (i)  depart from, and arrive at, the controlled aerodrome where the school carries out flight training; and

            (ii)  involve one or more transitions to Class G airspace; and

           (iii)  involve one or more transitions from Class G airspace.

        (3)     However, an RAAus pilot is not required to receive the practical training mentioned in paragraph (2) (a) if the CFI of the school is satisfied, on reasonable grounds, that the records of another approved flight training school at the same controlled aerodrome demonstrate that the RAAus pilot has received the practical training at the other school.

                 Assessment and related records – controlled aerodrome competence

        (4)     The CFI of an approved flight training school must not authorise an RAAus pilot’s first relevant private hire flight in a relevant aeroplane of the school unless the CFI of the school has:

(a)    assessed that the RAAus pilot has demonstrated the competency requirements mentioned in the Part 61 MOS for a controlled aerodrome endorsement; and

(b)    in relation to each element of the competency requirements for a controlled aerodrome endorsement mentioned in column 1 of the following table, entered, in writing, in the school’s records:

             (i)  that the CFI has assessed the RAAus pilot according to the performance criteria, for each element, mentioned in column 2 of the table; and

            (ii)  for each of the performance criteria – that the CFI assessed the RAAus pilot as competent.

Table       Elements of competency requirements and performance criteria – controlled aerodrome endorsement

Item

Element of competency requirement (column 1)

Performance criteria for the element (column 2)

1

CTR.1 — Controlled aerodrome pre‑flight preparation

The performance criteria mentioned, for the element, in each paragraph of subclause 2.1 of section 3 of Schedule 2 to the Part 61 MOS

2

CTR.2 — Taxi aircraft at controlled aerodrome

The performance criteria mentioned, for the element, in each paragraph of subclause 2.2 of section 3 of Schedule 2 to the Part 61 MOS

3

CTR.3 — Perform departure from controlled aerodrome

The performance criteria mentioned, for the element, in each paragraph of subclause 2.3 of section 3 of Schedule 2 to the Part 61 MOS

4

CTR.4 — Perform arrival at controlled aerodrome

The performance criteria mentioned, for the element, in each paragraph of subclause 2.4 of section 3 of Schedule 2 to the Part 61 MOS

                 Assessment and related records – controlled airspace competence

        (5)     The CFI of an approved flight training school must not authorise an RAAus pilot’s first relevant private hire flight in a relevant aeroplane of the school unless the CFI of the school has:

(a)    assessed that the RAAus pilot for the relevant private hire flight has demonstrated the CTA.1 elements according to the applicable CTA.1 performance criteria; and

(b)    in relation to each CTA.1 element – entered the following, in writing, in the school’s records:

             (i)  that the CFI assessed the RAAus pilot according to the applicable CTA.1 performance criteria;

            (ii)  for each applicable CTA.1 performance criteria – that the CFI assessed the RAAus pilot as competent.

                 Assessment and related records – flight radio competence

        (6)     The CFI of an approved flight training school must not authorise an RAAus pilot’s first relevant private hire flight in a relevant aeroplane of the school unless the CFI of the school has:

(a)    assessed that the RAAus pilot for the relevant private hire flight has demonstrated the C3.1 elements according to the C3.1 performance criteria; and

(b)    in relation to each C3.1 element, entered the following, in writing, in the school’s records:

             (i)  that the CFI has assessed the RAAus pilot according to the C3.1 performance criteria;

            (ii)  for each C3.1 performance criteria – that the CFI assessed the RAAus pilot as competent.

        (7)     The directions in subsections (2), (3), (4), (5) and (6) cease to be in force at the end of 31 July 2022.

18        Conditions – approved flight training school – logbook and school records for first relevant private hire flight

        (1)     An approved flight training school must not permit an RAAus pilot to commence the RAAus pilot’s first relevant private hire flight of the school unless the CFI of the school has recorded in the RAAus pilot’s logbook:

(a)    the authorisation mentioned in section 14, for the RAAus pilot’s first relevant private hire flight; and

(b)    that the RAAus pilot has received the training mentioned in paragraph 17 (2) (a); and

(c)    that the RAAus pilot has demonstrated:

             (i)  the competency requirements for a controlled aerodrome endorsement mentioned in paragraph 17 (4) (a); and

            (ii)  the competency requirements for a controlled airspace endorsement mentioned in paragraph 17 (5) (a); and

           (iii)  the competency requirements for a flight radio endorsement mentioned in paragraph 17 (6) (a).

        (2)     For each relevant private hire flight of an approved flight training school that is conducted by a particular RAAus pilot, other than the first relevant private hire flight mentioned in subsection (1), the school must ensure that the CFI of the school has included the authorisation mentioned in section 14, for that RAAus pilot, in the school’s records.

Part 5 – Condition and directions – reporting, record retention and audit – approved flight training schools

19        Condition – approved flight training school – information about accident or incident

                 If an approved flight training school reports an accident or incident under the Transport Safety Investigation Act 2003 or the Transport Safety Investigation Regulations 2003, in relation to a relevant private hire flight or a relevant solo training flight, the school must, as soon as practicable after reporting the accident or incident, provide a copy of the report to SPORT@casa.gov.au.

20        Directions – approved flight training school – record retention and audit

        (1)     The directions in subsections (2), (3) and (4) are made for regulation 11.245 of CASR.

        (2)     An approved flight training school must retain the following records for a minimum of 5 years from the date the school completes the assessment of an RAAus restricted pilot for the purposes of this instrument:

(a)   a copy of the certificate held by an RAAus restricted pilot to comply with paragraph 7 (a);

(b)   a copy of the document held by an RAAus restricted pilot to comply with paragraph 7 (b);

(c)   the assessment that an RAAus restricted pilot has demonstrated each element of the competency requirements for a controlled aerodrome endorsement mentioned in column 1 of an item of the table in subsection 9 (2) according to the performance criteria mentioned, for the item, in column 2 of the table;

(d)   a copy of the records, related to an RAAus restricted pilot, mentioned in subparagraphs 9 (2) (b) (i) to (iii);

(e)   the assessment that an RAAus restricted pilot has demonstrated each CTA.1 element mentioned in paragraph 9 (3) (a) according to the applicable CTA.1 performance criteria;

(f)    a copy of the records, related to an RAAus restricted pilot, mentioned in subparagraphs 9 (3) (b) (i) to (iii);

(g)   the assessment that an RAAus restricted pilot has demonstrated the C3.1 elements mentioned in paragraph 9 (4) (a) according to the C3.1 performance criteria; and

(h)   a copy of the records, related to an RAAus restricted pilot, mentioned in subparagraphs 9 (4) (b) (i) to (iii);

(i)    the authorisation, related to an RAAus restricted pilot, mentioned in paragraph 10 (a);

(j)    a copy of the records, related to an RAAus restricted pilot, mentioned in paragraphs 11 (1) (a) and (b);

(k)   the assessment that an RAAus restricted pilot has demonstrated the competency requirements for a controlled aerodrome endorsement mentioned in paragraph 12 (2) (a);

(l)    a copy of the records, related to an RAAus restricted pilot, mentioned in subparagraphs 12 (2) (b) (i) to (iii);

(m)  a copy of the records, related to an RAAus restricted pilot, mentioned in paragraphs 12 (4) (a), (b) and (c);

(n)   a copy of the records, related to an RAAus restricted pilot, mentioned in subsection 12 (6).

        (3)     An approved flight training school must retain the following records for a minimum of 5 years from the date the school completes the assessment of an RAAus pilot for the purposes of this instrument:

(a)   the authorisation, related to an RAAus pilot, mentioned in section 14;

(b)      a copy of the certificate held by an RAAus pilot to comply with paragraph 15 (a);

(c)   a copy of the document held by an RAAus pilot, to comply with paragraph 15 (b);

(d)   the grounds for reaching the satisfaction, related to an RAAus pilot, mentioned in paragraph 17 (2) (a);

(e)   a copy of the records, related to an RAAus pilot, mentioned in subsection 17 (3);

(f)    the assessment that an RAAus pilot has demonstrated the competency requirements for a controlled aerodrome endorsement mentioned in paragraph 17 (4) (a);

(g)   a copy of the records, related to an RAAus pilot, mentioned in subparagraphs 17 (4) (b) (i) and (ii);

(h)   the assessment that an RAAus pilot has demonstrated each CTA.1 element mentioned in paragraph 17 (5) (a) according to the applicable CTA.1 performance criteria;

(i)    a copy of the records, related to an RAAus pilot, mentioned in subparagraphs 17 (5) (b) (i) and (ii);

(j)    the assessment that an RAAus pilot has demonstrated the C3.1 elements mentioned in paragraph 17 (6) (a) according to the C3.1 performance criteria; and

(k)   a copy of the records, related to an RAAus pilot, mentioned in subparagraphs 17 (6) (b) (i) and (ii);

(l)    a copy of the records, related to an RAAus pilot, mentioned in paragraphs 18 (1) (a), (b) and (c);

(m)    a copy of the records, related to an RAAus pilot, mentioned in subsection 18 (2).

        (4)     If CASA notifies an approved flight training school, in writing, that it intends to audit the school’s records and facilities to assess whether this instrument is being, or has been, complied with, and provides reasonable notice of the audit, the school must:

(a)   make the records available to CASA; and

(b)   provide CASA with access to the facilities.

        (5)     The directions in subsections (2), (3) and (4) cease to be in force at the end of:

(a)    31 July 2027; or

(b)    the date of any earlier repeal of this instrument under subparagraph 2 (b) (i).