Federal Register of Legislation - Australian Government

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CASA EX107/19 Exemptions as made
This instrument exempts a student pilot, in limited circumstances, from the requirement (the relevant requirement) under paragraph 61.115(1)(b) of the Civil Aviation Safety Regulations 1998 (CASR), in relation to the pilot’s conduct of a solo flight in an aircraft, that, as a result of the flight, the pilot’s solo flight time since the pilot last successfully completed a dual flight check must not exceed 3 hours. Also, the instrument exempts a student pilot who holds a recreational pilot licence, in limited circumstances, from compliance with regulation 61.065 of CASR, in relation to the pilot’s conduct of a solo flight in an aircraft, despite not complying with the relevant requirement. Also, the instrument exempts a flight instructor, in limited circumstances, from compliance with subregulation 61.1225(1) of CASR to the extent the instructor approves a student pilot to pilot an aircraft, in relation to a solo flight, despite the pilot not complying with the relevant requirement. Also, the instrument exempts a Part 141 operator, in limited circumstances, from compliance with regulation 141.290 of CASR to the extent a student pilot flies an aircraft used in the Part 141 operator’s authorised Part 141 flight training, in relation to a solo flight, despite the pilot not complying with the relevant requirement.
Administered by: Infrastructure, Transport, Cities and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 10 Oct 2019
Tabling HistoryDate
Tabled HR14-Oct-2019
Tabled Senate14-Oct-2019
To be repealed 30 Sep 2022
Repealed by Self Repealing

Instrument number CASA EX107/19

I, ANDREW MELVIN SPARROW, Acting Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed A. Sparrow]

Andrew Sparrow
Acting
Executive Manager, National Operations & Standards

4 October 2019

CASA EX107/19 — Solo Flight Time Exceeding 3 Hours Between Dual Flight Checks (Student Pilots) Exemption 2019

1          Name

                 This instrument is CASA EX107/19 — Solo Flight Time Exceeding 3 Hours Between Dual Flight Checks (Student Pilots) Exemption 2019.

2          Duration

                 This instrument:

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

(b)   is repealed at the end of 30 September 2022.

3          Definitions

                 In this instrument:

authorised Part 141 flight training, for a Part 141 operator: see subregulation 141.015 (2) of CASR.

category, of aircraft: see regulation 61.010 of CASR.

conduct, as a verb: see regulation 61.010 of CASR.

flight instructor: see regulation 61.010 of CASR.

relevant category, of aircraft, means the category of aircraft mentioned in subparagraph 4 (b) (i) or (ii).

4          Application

                 This instrument applies if:

(a)   a student pilot is undergoing training, other than integrated training, conducted by a Part 141 operator, for the grant under Part 61 of CASR of a private pilot licence or commercial pilot licence; and

(b)   either:

             (i)  the pilot holds a recreational pilot licence with an aircraft category rating for a category of aircraft; or

            (ii)  otherwise — the Part 141 operator has certified, in writing, that it is satisfied the pilot:

(A)  is competent to safely conduct a solo flight in an aircraft of a particular category; and

(B)   has met the competency standards for the grant, under Part 61 of CASR, of a recreational pilot licence with the aircraft category rating for the category of aircraft.

5          Exemptions — student pilot

        (1)     The student pilot is exempt from compliance with paragraph 61.115 (1) (b) of CASR in relation to the pilot’s conduct of a solo flight in an aircraft of the relevant category.

        (2)     If the student pilot holds a recreational pilot licence, the pilot is exempt from compliance with regulation 61.065 of CASR to the extent the pilot pilots an aircraft of the relevant category, in relation to a solo flight, in breach of paragraph 61.115 (1) (b) of CASR, but for the exemption stated in subsection (1).

Note   Subsection 20AB (1) of the Act creates an offence of performing any duty that is essential to the operation of an Australian aircraft during flight time without holding a relevant civil aviation authorisation or being otherwise authorised by or under the regulations to perform the duty.

6          Exemption — flight instructor

                 A flight instructor is exempt from compliance with subregulation 61.1225 (1) of CASR to the extent the instructor approves the student pilot to pilot an aircraft of the relevant category, in relation to a solo flight, in breach of paragraph 61.115 (1) (b) of CASR, but for the exemption stated in subsection 5 (1).

7          Exemption — Part 141 operator

                 The Part 141 operator is exempt from compliance with regulation 141.290 of CASR to the extent the student pilot flies an aircraft of the relevant category used in the Part 141 operator’s authorised Part 141 flight training, in relation to a solo flight, in breach of paragraph 61.115 (1) (b) of CASR, but for the exemption stated in subsection 5 (1).