Federal Register of Legislation - Australian Government

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CASA EX Exemptions as made
This instrument provides exemptions for Part 141 and Part 142 Operators from the requirement to obtain Civil Aviation Safety Authority’s approval when adding aircraft to their fleet of training aircraft that are the same kind, or similar in kind, as aircraft they are already using to conduct training.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 26 Jun 2020
To be repealed 31 Aug 2022
Repealed by Self Repealing

Instrument number CASA EX100/20

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

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

25 June 2020

1          Name

                 This instrument is CASA EX100/20 — Particular Significant Changes Approval Requirements (Part 141 Operators and Relevant Part 142 Operators) Exemption 2020.

2          Duration

                 This instrument:

(a)   commences on 1 July 2020; and

(b)   is repealed at the end of 31 August 2022.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. These include: AOC, CASR, differences training, Part 141 certificate, Part 141 operator, Part 142 operator and variant.

                 In this instrument:

authorised Part 141 flight training, for a Part 141 operator, has the same meaning as in subregulation 141.015 (2) of CASR.

Part 142 activity has the same meaning as in subregulation 142.015 (1) of CASR.

relevant Part 142 operator means the holder of an AOC that authorises the conduct of a Part 142 activity in an aircraft.

significant change, for a paragraph of section 6, has the same meaning as in regulation 141.025 of CASR.

significant change, for a paragraph of section 7, has the same meaning as in regulation 142.030 of CASR.

4          Application — operators

                 This instrument applies to:

(a)   a Part 141 operator; and

(b)   a relevant Part 142 operator.

5          Exclusion — significant change for particular aircraft

                 This instrument does not apply in relation to a significant change that is, or that would be, in relation to any of the following aircraft of an operator mentioned in paragraph 4 (a) or (b):

(a)   multi-crew aircraft with the type ratings that may be granted for multi-crew operation prescribed, for paragraph 61.055 (1) (a) of CASR, in a legislative instrument made by CASA;

(b)   a variant model of an aircraft of the kind mentioned in paragraph (a) that requires differences training;

(c)   a type of aircraft that is certificated for single-pilot operation and for which single-pilot type ratings are required, with the type ratings that may be granted for single-pilot operation prescribed, for subparagraph 61.060 (1) (b) (i) of CASR, in a legislative instrument made by CASA;

(d)   a variant model of an aircraft of the type mentioned in paragraph (c) that requires differences training;

(e)   an aircraft covered by a class rating, being the first aircraft of that class to be used by the operator in authorised Part 141 flight training or a Part 142 activity;

(f)    a type of aircraft prescribed in an instrument made by CASA under regulation 61.062 of CASR;

(g)   a pressurised aircraft, being the first pressurised aircraft to be used by the operator in authorised Part 141 flight training or a Part 142 activity;

(h)   a turbine-engined aircraft, being the first turbine-engined aircraft to be used by the operator in authorised Part 141 flight training or a Part 142 activity.

Note 1   The current version of the legislative instrument mentioned in paragraphs 5 (a), (c) and (f) is freely available on the Federal Register of Legislation at https://www.legislation.gov.au/Details/F2019L01133.

Note 2   For an aircraft of the kind mentioned in paragraph 5 (b), the legislative instrument mentioned in Note 1 also prescribes (relevantly) the following:

(a)     for paragraph 61.055 (1) (b) of CASR, the variant models of that kind of aircraft;

(b)     for paragraph 61.055 (1) (c) of CASR, the variant models of that kind of aircraft that require differences training.

Note 3   For an aircraft of the type mentioned in paragraph 5 (c), the legislative instrument mentioned in Note 1 also prescribes (relevantly) the following:

(a)     for paragraph 61.060 (1) (a) of CASR, whether a single-pilot type rating is required;

(b)     for subparagraph 61.060 (1) (b) (ii) of CASR, the variant models of that type of aircraft;

(c)     for subparagraph 61.060 (1) (b) (iii) of CASR, the variant models of that type of aircraft that require differences training.

6          Exemptions — Part 141 operators

                 A Part 141 operator is exempt from compliance with:

(a)    the condition of a Part 141 certificate mentioned in subparagraph 141.070 (a) (i) of CASR, to the extent that the condition requires the Part 141 operator to comply with an obligation:

             (i)  imposed by a provision of Part 141 of CASR; and

            (ii)  requiring the operator to have or obtain CASA’s approval of a significant change mentioned in subparagraph (a) (ix) of the definition of significant change in regulation 141.025 of CASR; and

(b)   the following subregulations of CASR, to the extent that each subregulation requires the Part 141 operator to have or obtain CASA’s approval of a significant change mentioned in subparagraph (a) (ix) of the definition of significant change in regulation 141.025 of CASR:

             (i)  subregulation 141.085 (1);

            (ii)  subregulation 141.095 (1);

           (iii)  subregulation 141.265 (1).

Note 1   The definition of significant change, for a Part 141 operator, in regulation 141.025 of CASR includes, in subparagraph (a) (ix), a change in relation to the kinds of aircraft used to conduct authorised Part 141 flight training.

Note 2   Subregulations 141.085 (1), 141.095 (1) and 141.265 (1) set out offences that a Part 141 operator commits if the Part 141 operator, respectively:

(a)     makes a particular kind of significant change that CASA has not approved; and

(b)     makes a change other than in accordance with the related process described in the operator’s operations manual; and

(c)     contravenes a provision of its operations manual.

The process mentioned in paragraph (b) or a provision mentioned in paragraph (c) may require a Part 141 operator to obtain CASA’s approval of a significant change of a kind mentioned in subparagraph (a) (ix) of the definition of significant change in regulation 141.025 of CASR.

7          Exemptions — relevant Part 142 operators

                 A relevant Part 142 operator is exempt from compliance with:

(a)   the condition of an AOC mentioned in paragraph 142.100 (1) (a) of CASR, to the extent that the condition requires the Part 142 operator to comply with an obligation:

             (i)  imposed by a provision of Part 142 of CASR; and

            (ii)  requiring the operator to have or obtain CASA’s approval of a significant change mentioned in subparagraph (a) (xi) of the definition of significant change in regulation 142.030 of CASR; and

(b)   the following subregulations of CASR, to the extent that each subregulation requires the relevant Part 142 operator to have or obtain CASA’s approval of a significant change mentioned in subparagraph (a) (xi) of the definition of significant change in regulation 142.030 of CASR:

             (i)   subregulation 142.140 (1);

            (ii)  subregulation 142.150 (1);

           (iii)  subregulation 142.345 (1).

Note 1   The definition of significant change, for a Part 142 operator, in regulation 142.030 of CASR includes, in subparagraph (a) (xi), a change in relation to the kinds of aircraft used to conduct authorised Part 142 activities.

Note 2   Subregulations 142.140 (1), 142.150 (1) and 142.345 (1) set out offences that a Part 142 operator commits if the Part 142 operator, respectively:

(a)     makes a particular kind of significant change that CASA has not approved; and

(b)     makes a change other than in accordance with the related process described in the operator’s exposition; and

(c)     contravenes a provision of its exposition.

The process mentioned in paragraph (b) or a provision mentioned in paragraph (c) may require a Part 142 operator to obtain CASA’s approval of a significant change of a kind mentioned in subparagraph (a) (xi) of the definition of significant change in regulation 142.030 of CASR.