Federal Register of Legislation - Australian Government

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CASA EX46/20 Exemptions as made
This instrument grants an exemption that permits the holder of a commercial pilot licence or an air transport pilot licence to exercise the privileges of the licence to conduct certain flights while holding a class 2 medical certificate instead of a class 1 medical certificate. The exemption in the instrument covers a flight if it is not conducted (wholly or partially) in a foreign country, is in an aircraft with a maximum take-off weight less than 8 618 kg, and does not carry a passenger.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 27 Feb 2020
Tabling HistoryDate
Tabled HR02-Mar-2020
Tabled Senate23-Mar-2020
To be repealed 28 Feb 2023
Repealed by Self Repealing

Instrument number CASA EX46/20

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

26 February 2020

CASA EX46/20 — Class 1 Medical Certificate (Certain Flights by Holders of a Commercial Pilot Licence or Air Transport Pilot Licence) Exemption 2020

1          Name

                 This instrument is CASA EX46/20 — Class 1 Medical Certificate (Certain Flights by Holders of a Commercial Pilot Licence or Air Transport Pilot Licence) Exemption 2020.

2          Duration

                 This instrument:

(a)   commences on 1 March 2020; and

(b)   is repealed at the end of 28 February 2023.

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. These include: class, current, flight, maximum take-off weight, medical certificate and passenger.

                 In this instrument:

air transport pilot licence has the same meaning as in Subpart 61.K of CASR.

commercial pilot licence has the same meaning as in Subpart 61.I of CASR.

exempted activity means a flight that:

(a)   is not conducted, wholly or in part, in a foreign country; and

(b)   is in an aircraft with a maximum take-off weight of less than 8 618 kg; and

(c)   does not carry a passenger.

4          Exemption

        (1)     A person who holds a commercial pilot licence or an air transport pilot licence is exempt from compliance with subregulation 61.065 (1) of CASR to the extent that the subregulation requires that the person also hold a class 1 medical certificate to be authorised under Part 61 of CASR to conduct an exempted activity.

Note   Subregulation 61.415 (1) of CASR imposes a limitation on the exercise of the privileges of a commercial pilot licence or an air transport pilot licence that a person must hold a class 1 medical certificate, or a medical exemption. The privileges of the licences relevantly include the conduct of an exempted activity.

        (2)     The exemption is subject to the condition that the person must hold a current class 2 medical certificate.