Federal Register of Legislation - Australian Government

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CASA EX131/19 Exemptions as made
This instrument provides regulatory authority for persons who are aircrew members to occupy the control seat of a helicopter in flight, and to perform specified duties in relation to the flight, for the purpose of subsection 20AB(1) of the Civil Aviation Act 1988 and the regulations. The instrument will authorise an aircrew member to occupy the control seat of a helicopter that is fitted with fully or partially functioning dual controls to perform duties that assist the pilot to conduct the operation safely, and provide an exemption against a requirement that a person occupying such a seat be licensed.
Administered by: Infrastructure, Transport, Cities and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 29 Nov 2019
Tabling HistoryDate
Tabled HR02-Dec-2019
Tabled Senate03-Dec-2019
To be repealed 30 Nov 2022
Repealed by Self Repealing

Instrument number CASA EX131/19

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under subregulation 215 (3) and paragraph 226 (1) (c) of the Civil Aviation Regulations 1988, and regulations 11.056, 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

27 November 2019

CASA EX131/19 — Helicopter Aircrew Members Instrument 2019

1          Name

                 This instrument is CASA EX131/19 — Helicopter Aircrew Members Instrument 2019.

2          Duration

                 This instrument:

(a)   commences on 1 December 2019; and

(b)   is repealed at the end of 30 November 2022.

Note   For regulation 11.250 of CASR, the directions in section 6 cease to be in force at the end of 30 November 2022.

3          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations, including AOC, flight time, operating crew and pilot in command.

                 In this instrument:

aircrew member has the meaning given by subsection 1 of Civil Aviation Order 82.6 (Night vision imaging system — helicopters) 2007.

AIS means Australian Industry Standards Limited, ACN 071 267 359.

Certificate IV in Aviation (Air Crew Officer) means:

(a)   either of the following training courses administered by AIS:

             (i)  AVI40116 - Certificate IV in Aviation (Aircrewman);

            (ii)  AVI40119 - Certificate IV in Aviation (Air Crew Officer); or

(b)   a training course administered by AIS that supersedes, and is equivalent to, a course mentioned in paragraph (a).

equivalent qualification means a military, or overseas, qualification that has been approved in writing by CASA as being equivalent to the qualification attained by a person upon the satisfactory completion of a Certificate IV in Aviation (Air Crew Officer).

operator means the holder of an AOC.

relevant control seat, of a helicopter, means a control seat of the helicopter equipped with fully, or partially, functioning dual controls.

training and checking organisation, in relation to an operator, means an organisation provided by the operator, and approved by CASA under regulation 217 of CAR.

4          Authorisation and exemption

        (1)     An aircrew member who is assigned by an operator to occupy a relevant control seat, of a helicopter, during flight time, is:

(a)   authorised, under paragraph 226 (1) (c) of CAR, to occupy the control seat; and

(b)   exempt from compliance with paragraph 227 (2) (a) of CAR, to the extent that it requires the aircrew member to be a member of the operating crew of the helicopter who is assigned for duty in the helicopter and is licensed for the duties associated with that seat.

        (2)     The authorisation and exemption in subsection (1) are subject to the conditions mentioned in section 5.

5          Conditions

        (1)     The aircrew member must not occupy the control seat, during flight time, unless the aircrew member is carrying out any of the following duties:

(a)   assisting the pilot in command, of the helicopter, in monitoring the flight path of the helicopter for the purpose of avoiding a collision;

(b)   assisting the pilot in command in selecting a landing site for the helicopter;

(c)   detecting obstacles during take-off, and landing, of the helicopter;

(d)   assisting the pilot in command in relation to tasks associated with any of the following:

             (i)  navigating the helicopter;

            (ii)  radiocommunications;

           (iii)  turning on and off, or tuning and identifying, radionavigation systems;

(e)   assisting the pilot in command with requirements relating to checklists for the helicopter;

(f)    assisting the pilot in command with the monitoring of the helicopter systems and instrumentation;

(g)   undergoing training for a Certificate IV in Aviation (Air Crew Officer).

        (2)     The aircrew member must:

(a)   meet the operator’s training requirements for aircrew members, including training provided by a training and checking organisation; and

(b)   not act as a pilot of the helicopter; and

(c)   after 30 June 2020:

             (i)  hold a certificate, or statement of attainment, evidencing satisfactory completion of a Certificate IV in Aviation (Air Crew Officer); or

            (ii)  be undertaking a Certificate IV in Aviation (Air Crew Officer); or

           (iii)  hold written evidence, as reasonably required by CASA, of the completion of an equivalent qualification.

Note   Under regulation 83 of CAR, it is an offence for a person to transmit on a radiofrequency of a kind used for the purpose of ensuring the safety of air navigation, unless the person is qualified to do so.

6          Directions

                 An operator that assigns an aircrew member to occupy a relevant control seat, of a helicopter, during flight time, must ensure that:

(a)   a copy of this instrument is included in the operator’s operations manual; and

(b)   the operations manual includes policies, a risk assessment, management instructions, standard operating procedures, and training and checking procedures, which ensure that the duties mentioned in subsection 5 (1) are carried out safely.