Federal Register of Legislation - Australian Government

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CASA EX20/21 Exemptions as made
This instrument exempts flight instructors and Part 141 operators from certain provisions of the Civil Aviation Safety Regulations 1998 (CASR) - provisions whose consequential amendment was inadvertently overlooked in the making of Civil Aviation Safety Amendment (Flight Crew Licensing Measures No. 1) Regulations 2018. The exemptions in the instrument fill a gap that, if left unfilled, would make flight instructors and Part 141 operators guilty of committing offences that they are unable to avoid. It is a temporary measure to address an anomaly in the CASR until such time as the CASR can be amended.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 03 Mar 2021
Tabling HistoryDate
Tabled HR15-Mar-2021
Tabled Senate15-Mar-2021
To be repealed 31 Jan 2024
Repealed by Self Repealing

Instrument number CASA EX20/21

I, GRAEME MILLS CRAWFORD, Acting Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed G.M. Crawford]

Graeme M. Crawford
Acting Director of Aviation Safety

2 March 2021

CASA EX20/21 Flight Instructors and Part 141 Operators (Flight Training – Certain Solo Cross-country Flights) Exemption 2021

1          Name

                 This instrument is CASA EX20/21 – Flight Instructors and Part 141 Operators (Flight Training – Certain Solo Cross-country Flights) Exemption 2021.

2          Duration

                 This instrument:

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

(b)   is repealed at the end of 31 January 2024.

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: cross-country flight, integrated training, Part 61 Manual of Standards, Part 141 operator, solo and student pilot.

                 In this instrument:

                 flight instructor has the meaning given by regulation 61.010 of CASR.

4          Exemptions — pilot licence with the helicopter category rating

        (1)     Subject to subsection (2):

(a)   a flight instructor is exempt from compliance with subregulation 61.1225 (4) of CASR to the extent that the provision requires a student to have completed the dual instrument time requirements specified in paragraph 61.1225 (4) (c) before the instructor approves the student to conduct a solo cross-country flight in a helicopter as a student pilot for the first time; and

(b)   a Part 141 operator is exempt from compliance with subregulation 141.305 (1) of CASR to the extent that the provision requires a student pilot to have completed the dual instrument time requirements specified in paragraph 141.305 (3) (c) before conducting a solo cross-country flight in a helicopter for the first time as part of authorised Part 141 training with the operator.

   (2)     The exemptions in this section only apply if the student or student pilot (as the case may be):

(a)   is receiving training, other than integrated training, for the grant of:

             (i)  a private pilot licence with the helicopter category rating; or

            (ii)  a commercial pilot licence with the helicopter category rating; and

(b)    has completed the training mentioned in element H6.4 – Land, take off and manoeuvre in a confined area, in section 4 of Schedule 2 of the Part 61 Manual of Standards.

5          Exemptions—recreational navigation endorsement

        (1)     Subject to subsection (2):

(a)   a flight instructor is exempt from compliance with subregulation 61.1225 (4) of CASR to the extent that the provision requires a student to have completed the dual instrument time requirements specified in paragraph 61.1225 (4) (c) before the instructor approves the student to conduct a solo cross-country flight as a student pilot for the first time; and

(b)   a Part 141 operator is exempt from compliance with subregulation 141.305 (1) of CASR to the extent that the provision requires a student pilot to have completed the dual instrument time requirements specified in paragraph 141.305 (3) (c) before conducting a solo cross-country flight for the first time as part of authorised Part 141 flight training with the operator; and

(c)   a Part 141 operator is exempt from compliance with subregulation 141.305 (6) of CASR to the extent that the provision requires the holder of a pilot licence to have completed the dual instrument time requirements specified in paragraph 141.305 (6) (b) before conducting a solo cross-country flight for the first time as part of flight training received from the operator.

        (2)     The exemptions in this section only apply if the student, student pilot or holder of the pilot licence (as the case may be):

(a)   is receiving flight training for the grant of a recreational navigation endorsement; and

(b)   if the training is conducted in a helicopter—has completed the training mentioned in element H6.4 – Land, take off and manoeuvre in a confined area, in section 4 of Schedule 2 of the Part 61 Manual of Standards.