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CASA 94/21 Determinations/Civil Aviation as made
This instrument facilitates implementation of Part 138 of the Civil Aviation Safety Regulations 1998 (CASR), which commences on 2 December 2021. It sets out transitional arrangements for flight crew member and air crew member training and checking requirements under Part 138 of CASR. It provides that certain “training and checking events” that were undertaken by commercial aircraft operators for operating crew under the legislation being replaced by Part 138 of CASR, are taken to meet the requirements of Part 138 of CASR, for specific periods of time or indefinitely.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 30 Nov 2021
Tabling HistoryDate
Tabled HR01-Dec-2021
Tabled Senate02-Dec-2021

Instrument number CASA 94/21

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under subregulation 202.418 (3) of the Civil Aviation Safety Regulations 1998.

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

28 November 2021

1          Name

                 This instrument is CASA 94/21 — Training and Checking (CASR Part 138) Determination 2021.

2          Duration

                 This instrument commences on 2 December 2021.

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: aircraft, air crew member, flight crew member, IFR flight and VFR flight.

        (1)     In this instrument:

CAO 20.11 means Civil Aviation Order 20.11, as in force immediately before 2 December 2021.

CAO 82.6 means Civil Aviation Order 82.6, as in force immediately before 2 December 2021.

CAR means the Civil Aviation Regulations 1988, as in force immediately before 2 December 2021, and any mention of a provision of CAR refers to that provision as so in force.

emergency procedures proficiency test means the crew member emergency procedures proficiency test specified in Appendix IV of CAO 20.11.

operator’s training and checking manual means the training and checking manual of the operator, as the manual exists from time to time.

Part 138 MOS means the Part 138 Manual of Standards.

Note   The CASR Dictionary defines Part 138 Manual of Standards as meaning the Manual of Standards issued by CASA under regulation 138.020.

relevant flight means a flight, for an operator, of an aircraft in relation to which Part 138 of CASR applies.

Note   Part 138 of CASR applies in relation to the operation of aeroplanes and rotorcraft for aerial work operations. See regulation 138.005 of CASR for the operation of aircraft in relation to which Part 138 applies.

        (2)     In this instrument, unless a contrary intention appears, words and expressions have the same meaning as in regulation 202.418 of CASR.

        (3)     In this instrument, unless a contrary intention appears, mention of a provision with the prefix “138.” is a reference to that provision as contained in Part 138 of CASR.

        (4)     In this instrument a reference to an operator’s training and checking manual, includes relevant text included in the operator’s operations manual.

        (5)     In this instrument a reference to the expiry date of an old event or to a period of time after an old event, includes a reference to any deemed expiry date or when an old event is deemed to have occurred, in accordance with the civil aviation legislation in force immediately before 2 December 2021.

4          Purpose

                 This instrument is a determination for the purposes of subregulation 202.418 (3) of CASR.

5          Application

                 This instrument applies in relation to a relevant flight.

6          Determination

                 If:

(a)   on or after 2 December 2021, a requirement (a new requirement), in relation to a training or checking event mentioned in an item of column 1 of the Table in Schedule 1 (a new event), applies in relation to a relevant flight by a person mentioned in the item (the person); and

(b)   before 2 December 2021, a training or checking event mentioned in column 2 of the item (the old event) happened in relation to the person; and

(c)   the relevant flight occurs:

             (i)  on or after 2 December 2021; and

            (ii)  before the expiry of the time specified in column 3 of the item (the expiry date);

                 then, I determine that, for the purposes of regulation 202.418 of CASR:

(d)   the new event is taken to have happened in relation to the person; and

(e)   the new requirement is taken to have been met by the person for a relevant flight that is conducted before the expiry date.

 


Table     Transitional training and checking events

 

Column 1

Column 2

Column 3

Item

New requirement for a person in relation to a training or checking event (a new event)

Old event in relation to the person

Old event expiry date

Flight crew members

1

General emergency training and check of competency

1. Person: a flight crew member (FCM).

2. New Requirement: Successful completion of the operator’s general emergency training and flight crew member general emergency check of competency for the kind of aircraft in accordance with:

(a)   paragraph 138.475 (2) (f) and subregulation 138.475 (3);

(b)   section 23.02 of the Part 138 MOS.

Note:   The CASR Dictionary defines kind, of an aircraft, to mean:

(a)     for an aircraft that is covered by an aircraft type rating —the aircraft type rating; and

(b)     for an aircraft that is not covered by an aircraft type rating —the type of aircraft.

1. Person: an FCM who completed the emergency procedures proficiency test, for the kind of aircraft, that was valid immediately before 2 December 2021.

2. Old event for the FCM: Successful completion of the emergency procedures proficiency test, for the operator and kind of aircraft, that was valid immediately before 2 December 2021.

For the general emergency training and check of competency, other than for the use of life jackets, life rafts or underwater escape, the earlier of the following:

(a)   the expiry date of the emergency procedures proficiency test;

(b)   the day the FCM undertakes a recurrent general emergency check of competency mentioned in column 1 of item 3;

(c)   2 December 2022.

For the general emergency training and check of competency for the use of life jackets, life rafts or underwater escape, the earlier of the following:

(a)   3 years after the day of the emergency procedures proficiency test;

(b)   the day the FCM undertakes a recurrent general emergency check of competency mentioned in column 1 of item 3 for the use of life jackets, life rafts or underwater escape;

(c)   2 December 2024.

3. Person: An FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: Conduct of at least 1 unsupervised aerial work flight for the operator using the kind of aircraft.

2

Conversion training and proficiency check

1. Person: an FCM.

2. New Requirement: Successful completion, for the kind of aircraft, of the operator’s conversion training, and the operator’s FCM proficiency check in accordance with:

(a)   paragraph 138.475 (2) (f) and subregulation 138.475 (3);

(b)   section 23.03 of the Part 138 MOS.

1. Person: an FCM who immediately before 2 December 2021 was subject to the operator’s training and checking organisation (T&CO) under regulation 217 of CAR (an FCM under a T&CO).

2. Old event for the FCM: Successful completion, for the kind of aircraft, of the operator’s conversion training (however described), and successful related proficiency check (however described) for the kind of aircraft, in accordance with the operator’s training and checking manual.

For a flight that is an NVIS operation, NVIS training in accordance with CAO 82.6, and a successful NVIS proficiency check for a pilot in accordance with CAO 82.6 and the operator’s training and checking manual.

In either case, the proficiency check must have been valid immediately before 2 December 2021.

For the operator’s conversion training — no expiry date.

For the operator’s FCM proficiency check — the earlier of the following:

(a)   the day the proficiency check mentioned in column 2 expires;

(b)   for IFR or NVFR flights, 8 months after the proficiency check in column 2;

(c)   for VFR flights by day and flights for an operator who is not required to have a training and checking system under regulation 138.125, 1 year after the proficiency check mentioned in column 2;

(d)   the day the FCM undertakes a recurrent proficiency check mentioned in column 1 of item 4;

(e)   2 December 2022.

3. Person: an FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: For VFR flights — successful completion of a flight review that was valid for the aircraft under Part 61 of CASR immediately before 2 December 2021.

For IFR flights — successful completion of an instrument proficiency check that was valid for aircraft under Part 61 of CASR immediately before 2 December 2021.

For an old event that is a flight review — the earlier of the following:

(a)   the day the flight review is no longer valid under Part 61 of CASR for the FCM and the aircraft;

(b)   the day the FCM undertakes a recurrent proficiency check mentioned in column 1 of item 4;

(c)   2 December 2022.

For an old event that is an instrument proficiency check — the earlier of the following:

(a)   the day the instrument proficiency check is no longer valid under Part 61 of CASR for the FCM and the aircraft;

(b)   the day the FCM undertakes a recurrent proficiency check mentioned in column 1 of item 4;

(c)   2 December 2022.

3

Recurrent training and checking (general emergency check of competency)

1. Person: an FCM.

2. New Requirement: Successful completion, for the kind of aircraft, of the operator’s recurrent general emergency training and check of competency in accordance with:

(a)   paragraph 138.475 (2) (f) and subregulation 138.475 (3);

(b)   section 23.05 of the Part 138 MOS.

1. Person: an FCM who completed an emergency procedures proficiency test, for the kind of aircraft, that was valid immediately before 2 December 2021.

2. Old event for the FCM: Successful completion of the emergency procedures proficiency test, for the operator and kind of aircraft, that was valid immediately before 2 December 2021.

For the general emergency training and check of competency, other than for the use of life jackets, life rafts or underwater escape, the earlier of the following:

(a)   the expiry date of the emergency procedures proficiency test;

(b)   the day the FCM undertakes a recurrent general emergency check of competency mentioned in column 1;

(c)   2 December 2022.

For the general emergency training and check of competency for the use of life jackets, life rafts or underwater escape, the earlier of the following:

(a)   3 years after the day of the emergency procedures proficiency test;

(b)   the day the FCM undertakes a recurrent general emergency check of competency mentioned in column 1 for the use of life jackets, life rafts or underwater escape;

(c)   2 December 2024.

3. Person: An FCM to who paragraph 1 does not apply.

4. Old event for the FCM: Conduct of at least 1 unsupervised aerial work flight for the operator using the kind of aircraft.

4

Recurrent training and checking (proficiency check of competency)

1. Person: an FCM.

2. New Requirement: Successful completion, for the kind of aircraft, of the operator’s recurrent training and checking in accordance with:

(a)   paragraph 138.475 (2) (f) and subregulation 138.475 (3);

(b)   section 23.05 of the Part 138 MOS.

1. Person: an FCM under a T&CO.

2. Old event for the FCM: Successful completion, under the T&CO, of recurrent training and proficiency check (however described) for the kind of aircraft, in accordance with the operator’s training and checking manual, that was valid immediately before 2 December 2021.

The earlier of the following:

(a)   the day the proficiency check mentioned in column 2 expires;

(b)   for IFR or NVFR flights, 8 months after the proficiency check mentioned in column 2;

(c)   for VFR flights by day and flights for an operator who is not required to have a training and checking system under regulation 138.125, 1 year after the proficiency check mentioned in column 2;

(d)   the day the FCM undertakes a recurrent proficiency check mentioned in column 1;

(e)   2 December 2022.

3. Person: an FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: For VFR flights — successful completion of a flight review that was valid for the aircraft under Part 61 of CASR immediately before 2 December 2021.

For IFR flights, successful completion of an instrument proficiency check that was valid for aircraft under Part 61 of CASR immediately before 2 December 2021.

For an old event that is a flight review — the earlier of:

(a)   the day the flight review is no longer valid for the FCM and the aircraft;

(b)   the day the FCM undertakes a recurrent proficiency check mentioned in column 1;

(c)   2 December 2022.

For an old event that is an instrument proficiency check — the earlier of:

(a)   the day the instrument proficiency check is no longer valid for FCM and the aircraft;

(b)   the day the FCM undertakes a recurrent proficiency check mentioned in column 1;

(c)   2 December 2022.

Air crew members

5

General emergency training and check of competency

1. Person: an air crew member (ACM).

2. New Requirement: Successful completion of the operator’s general emergency training and ACM general emergency check of competency, for the aircraft, in accordance with:

(a)   paragraph 138.540 (2) (b) and subregulation 138.540 (3);

(b)   section 24.02 of the Part 138 MOS.

Note   Section 24.02 applies sections  23.02, 23.03, 23.05 and 23.06 of the Part 138 MOS to the operator as if references in those sections to an FCM were references to an ACM, except that in paragraph 23.05 (3) (c) mention of 6 months is taken to be 12 months.

1. Person: a crew member, with duties analogous to those of an ACM, who completed an emergency procedures proficiency test, for the kind of aircraft, that was valid immediately before 2 December 2021.

2. Old event for the ACM: Successful completion of the emergency procedures proficiency test, for the operator and kind of aircraft, that was valid immediately before 2 December 2021.

For the general emergency training and check of competency, other than for the use of life jackets, life rafts or underwater escape, the earlier of the following:

(a)   the expiry date of the emergency procedures proficiency test;

(b)   the day the ACM undertakes a recurrent general emergency check of competency mentioned in column 1 of item 7;

(c)   2 December 2022.

For the general emergency check of competency for the use of life jackets, life rafts or underwater escape, the earlier of the following:

(a)   3 years after the date of the emergency procedures proficiency test;

(b)   the day the ACM undertakes a recurrent general emergency check of competency mentioned in column 1 of item 7 for the use of life jackets, life rafts or underwater escape;

(c)   2 December 2024.

3. Person: A crew member to whom paragraph 1 does not apply.

4. Old event for the ACM: Conduct of at least 1 unsupervised aerial work flight for the operator using the kind of aircraft.

6

Conversion training and proficiency check

1. Person: an ACM.

2. New Requirement: Successful completion, for the kind of aircraft, of the operator’s conversion training and the operator’s ACM proficiency check, in accordance with:

(a)   paragraph 138.540 (2) (b) and subregulation 138.540 (3);

(b)   section 24.02 of the Part 138 MOS.

1. Person: a crew member, with duties analogous to those of an ACM, who immediately before 2 December 2021 was subject to the operator’s training and checking organisation (T&CO) under regulation 217 of CAR.

2. Old event for the ACM: Successful completion, for the kind of aircraft, of the operator’s conversion training (however described).

Successful related proficiency check (however described) for the aircraft, in accordance with the operator’s training and checking manual.

For a crew member with duties analogous to those of an ACM, in relation to a flight that is an NVIS operation, NVIS training in accordance with CAO 82.6, and a successful NVIS proficiency check for a crew member in accordance with CAO 82.6 and the operator’s training and checking manual.

In either case, the proficiency check must have been valid immediately before 2 December 2021.

For the operator’s conversion training — no expiry date.

Note   Remedial training under section 14.09 of the Part 138 MOS may still be required.

For the operator’s ACM proficiency check — the earlier of the following:

(a)   the day the proficiency check mentioned in column 2 expires;

(b)   1 year after the proficiency check mentioned in column 2;

(c)   the day the ACM undertakes a recurrent proficiency check mentioned in column 1 of item 8;

(d)   2 December 2022.

3. Person: A crew member, with duties analogous to those of an ACM, to whom paragraph 1 does not apply.

4. Old event for the ACM: Conduct of at least 1 unsupervised charter or aerial work flight for the operator using the kind of aircraft.

The earlier of the following:

(a)   the day the ACM undertakes a recurrent proficiency check mentioned in column 1 of item 8;

(b)   2 December 2022.

7

Recurrent training and checking (general emergency check of competency)

1. Person: an ACM.

2. New Requirement: Successful completion, for the kind of aircraft, of the operator’s recurrent training and checking in accordance with:

(a)   paragraph 138.540 (2) (b) and subregulation 138.540 (3); and

(b)   section 24.02 of the Part 138 MOS.

1. Person: a crew member, with duties analogous to those of an ACM, who completed an emergency procedures proficiency test, for the kind of aircraft, that was valid immediately before 2 December 2021.

2. Old event for the ACM: Successful completion of an emergency procedures proficiency test, for the operator and kind of aircraft, that was valid immediately before 2 December 2021.

For the general emergency check of competency, other than for the use of life jackets, life rafts or underwater escape, the earlier of the following:

(a)   the expiry date of the emergency procedures proficiency test;

(b)   the day the ACM undertakes a recurrent general emergency check of competency mentioned in column 1;

(c)   2 December 2022.

For the general emergency check of competency for the use of life jackets, life rafts or underwater escape, the earlier of the following:

(a)   3 years after the day of the emergency procedures proficiency test;

(b)   the day the ACM undertakes a recurrent general emergency check of competency mentioned in column 1 for the use of life jackets, life rafts or underwater escape;

(c)   2 December 2024.

3. Person: a crew member, with duties analogous to those of an ACM, to whom paragraph 1 does not apply.

4. Old event for the ACM: Conduct of at least 1 aerial work flight for the operator using the kind of aircraft.

8

Recurrent training and checking (proficiency check)

1. Person: an ACM.

2. New Requirement: Successful completion, for the kind of aircraft, of the operator’s recurrent proficiency check in accordance with:

(a)   paragraph 138.540 (2) (b) and subregulation 138.540 (3);

(b)   section 24.02 of the Part 138 MOS.

1. Person: a crew member, with duties analogous to those of an ACM, under a T&CO.

2. Old event for the ACM: Successful completion, under the T&CO, of recurrent training and proficiency check (however described) for the kind of aircraft, in accordance with the operator’s training and checking manual.

For a crew member with duties analogous to those of an ACM, in relation to a flight that is an NVIS operation — NVIS training in accordance with CAO 82.6 and a successful NVIS proficiency check for the crew member in accordance with CAO 82.6 and the operator’s training and checking manual.

In either case, the proficiency check must have been valid immediately before 2 December 2021.

The earlier of the following:

(a)   the expiry date of the recurrent proficiency check mentioned in column 2;

(b)   1 year after the recurrent proficiency check mentioned in column 2;

(c)   the day the ACM undertakes a recurrent proficiency check mentioned in column 1;

(d)   2 December 2022.

3. Person: a crew member to whom paragraph 1 does not apply.

4. Old event for the ACM: Conduct of at least 1 unsupervised charter or aerial work flight for the operator using the kind of aircraft.

The earlier of the following:

(a)   the day the ACM undertakes a recurrent proficiency check mentioned in column 1;

(b)   2 December 2022.