Federal Register of Legislation - Australian Government

Primary content

This instrument provides an alternative approach for operators to conduct training for aerial firefighting and mustering in aeroplanes and helicopters, and to conduct flight tests and grant related Part 61 endorsements. It replaces 4 notifiable instruments that expired at the end of 31 August 2021, namely: CASA 56/18 — Flight Training (Aeroplane Firefighting Endorsement) Approval 2018; CASA 57/18 — Flight Training (Helicopter Firefighting Endorsement) Approval 2018; CASA 58/18 – Flight Training (Approved Pilots under Civil Aviation Order 29.10 – Mustering) Approval 2018; and CASA 59/18 — Fight Tests and Grant of Certain Endorsements (Approved Persons under Civil Aviation Orders 29.6, 29.10 and 29.11) Approval 2018.
Administered by: Infrastructure, Transport, Regional Development and Communications
General Comments: For saving provisions relating to subsections 7(8), 12(8) and 14(3), see subsection 2(2) of this instrument.
Registered 01 Sep 2021
To be repealed 31 Aug 2024
Repealed by Self Repealing

Instrument number CASA 59/21

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.056, 61.040 and 141.035 of the Civil Aviation Safety Regulations 1998.

[Signed Chris Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

31 August 2021

Contents

Page

Part 1 — Preliminary. 2

1         Name. 2

2         Duration. 2

3         Definitions. 2

Part 2 — Approval to conduct flight training for grant of aeroplane firefighting endorsement  2

4         Definitions. 2

5         Application. 3

6         Approval 3

7         Conditions — general 3

8         Conditions — recognition of prior learning for aeronautical knowledge training. 5

Part 3 — Approval to conduct flight training for grant of helicopter firefighting endorsement  5

9         Definitions. 5

10       Application. 5

11       Approval 6

12       Conditions. 6

Part 4 — Approval to conduct flight training (approved pilots under CAO 29.10). 8

13       Definitions. 8

14       Approval 8

Part 5 — Approvals to conduct flight tests and grant certain endorsements (approved persons or pilots under CAOs 29.6, 29.10 and 29.11). 9

15       Definitions. 9

16       Application. 9

17       Approvals. 9

Schedule 1       Flight training for grant of aeroplane firefighting endorsement (Part 2). 10

Schedule 2       Flight training for grant of helicopter firefighting endorsement (Part 3). 11

 

Part 1 — Preliminary

1          Name

                 This instrument is CASA 59/21 — Flight Training and Flight Tests (Miscellaneous) Approvals 2021.

2          Duration

        (1)     This instrument:

(a)    commences on 1 September 2021; and

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

        (2)     Despite paragraph (1) (b):

(a)   subsections 7 (8) and 12 (8) continue in force until the end of 31 August 2027 as if the instrument had not been repealed; and

(b)   subsection 14 (3) continues in force until the end of 31 August 2031 as if the instrument had not been repealed.

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, ARN and flight training.

                 In this instrument:

aerial application operation has the meaning given by regulation 137.010 of CASR.

aerial application rating flight test endorsement: see section 15.

aeroplane firefighting endorsement: see section 4.

CAO 29.5 means Civil Aviation Order 29.5.

CAO 29.6 means Civil Aviation Order 29.6.

CAO 29.10 means Civil Aviation Order 29.10.

helicopter firefighting endorsement: see section 9.

HFO, of an operator, means the head of flying operations of the operator.

nominated senior pilot:

(a)    for the purposes of Part 2 — see subsection 7 (1).

(b)   for the purposes of Part 3 — see subsection 12 (1).

Part 61 MOS means the Part 61 Manual of Standards Instrument 2014.

PICUS means pilot in command under supervision.

State or Territory fire control authority means a public authority concerned with fire control in a State or Territory, and includes a parks, wildlife or forestry authority.

Part 2 — Approval to conduct flight training for grant of aeroplane firefighting endorsement

Note   This Part is made under regulations 11.056 and 141.035 of CASR.

4          Definitions

                 In this Part:

aeroplane firefighting endorsement: see table 61.1120, item 4 of CASR.

aeroplane firefighting operation means a firefighting operation, conducted in an aeroplane, that is also an aerial application operation.

5          Application

                 This Part applies in relation to an operator who, for the previous 3 or more years:

(a)   held an AOC authorising the person to undertake aerial application operations in an aeroplane; and

(b)   had an operations manual containing procedures for aeroplane firefighting operations; and

(c)   had annually conducted aeroplane firefighting operations under the written authorisation of the National Aerial Firefighting Centre or of a State or Territory fire control authority.

6          Approval

        (1)     An operator to whom this Part applies is approved to conduct flight training for the grant of an aeroplane firefighting endorsement.

        (2)     The approval of an operator under subsection (1) is subject to the conditions mentioned in this Part.

7          Conditions — general

        (1)     The operator must ensure that flight training for the grant of an aeroplane firefighting endorsement is delivered only by the operator’s HFO or a senior pilot of the operator nominated by the HFO (a nominated senior pilot).

        (2)     If the flight training is delivered by an HFO, the operator must ensure that, at the time of delivering the flight training:

(a)   the HFO is authorised under regulation 61.1125 of CASR to exercise the privileges of the aeroplane firefighting endorsement; and

(b)   a record exists in the HFO’s logbook stating that the HFO has aeronautical experience in the conduct of aeroplane firefighting operations that is of such a nature and extent as to satisfy the HFO of the HFO’s competency to conduct such operations.

        (3)     If the flight training is delivered by a nominated senior pilot, the operator must ensure that, at the time of delivering the flight training:

(a)   the pilot is authorised under regulation 61.1125 of CASR to exercise the privileges of the aeroplane firefighting endorsement; and

(b)   a record exists in the pilot’s logbook stating that the pilot has aeronautical experience in the conduct of aeroplane firefighting operations that is of such a nature and extent as to satisfy the operator’s HFO of the pilot’s competency to conduct such operations; and

(c)   either:

             (i)  an additional record exists in the pilot’s logbook stating that the pilot has aeronautical experience as a pilot conducting flight training in an aeroplane that is of such a nature and extent as to satisfy the operator’s HFO of the pilot’s competency to conduct flight training; or

            (ii)  the pilot conducts the flight training under the supervision of the operator’s HFO.

        (4)     The operator must ensure that the flight training is delivered only to a trainee who has:

(a)   a commercial pilot licence with an aeroplane category rating under Part 61 of CASR; and

(b)   an aeroplane aerial application endorsement under Part 61 of CASR; and

(c)   250 hours of experience conducting aerial application operations in aeroplanes.

        (5)     The operator must ensure that the flight training is delivered in accordance with a course of training prepared by the operator that:

(a)   covers the matters mentioned in Schedule 1; and

(b)   includes appropriate information about the pass standards for the aeronautical knowledge assessments, the practical flying assessment and the overall assessment.

        (6)     The operator must ensure that:

(a)   the aeronautical knowledge training, the practical flight training, and the assessments comply with the requirements set out in Schedule 1; and

(b)   both the theoretical and practical components of the flight training are conducted in a suitable ground environment and airspace, with appropriate facilities and training resources; and

(c)   the aeroplane used for the flight training is airworthy and suitable for the training; and

(d)   each person conducting the flight training (including assessment) is competent to do so.

        (7)     The operator must issue a trainee who successfully completes the flight training with a certificate of completion which:

(a)   identifies the operator and the trainee; and

(b)   records the trainee’s marks for each of the aeronautical knowledge assessments, the practical flying assessment and the overall assessment.

        (8)     The operator must prepare as soon as practicable, and retain in safe custody for at least 3 years from their creation, the following records for each trainee:

(a)   the trainee’s name, ARN, and dates of commencement and ending of training;

(b)   for each flight training activity for the grant of an aeroplane firefighting endorsement, and each practical flying assessment, details of the following:

             (i)  the location;

            (ii)  the date;

           (iii)  the aircraft type, and nationality and registration marks;

           (iv)  the name and ARN of the instructor conducting the flight training activity;

            (v)  the name and ARN of the person conducting the practical flying assessment;

           (vi)  the flight time, and whether the flight was dual, solo or PICUS;

          (vii)  the record and results of the trainee’s performance against the relevant competencies mentioned at Unit AA4 – Aeroplane firefighting operation, under Aerial Application Rating in Schedule 2 of the Part 61 MOS;

(c)   the results for each of the aeronautical knowledge assessments;

(d)   a copy of the certificate of completion for the relevant training mentioned in subsection (7).

8          Conditions — recognition of prior learning for aeronautical knowledge training

        (1)     Despite section 7, the operator may pass a trainee for the aeronautical knowledge training mentioned in clauses 1 to 3 of Schedule 1, for the purposes of clauses 9 and 10 of the Schedule, if:

(a)   on or after 1 September 2014, the trainee has successfully completed a fire awareness training course for firefighting pilots (a prior learning course) conducted by:

             (i)  a State or Territory fire control authority; or

            (ii)  the Aerial Application Association of Australia; and

(b)   the trainee provides the operator with a certified true copy of a certificate of completion of the prior learning course which identifies the training organisation and shows the date of completion of the course; and

(c)   the operator is satisfied, on the basis of reasonable inquiry and evidence, that the prior learning course included training that covered the course subject matters mentioned in clauses 1 and 2 of Schedule 1; and

(d)   the operator is satisfied with the trainee’s aeronautical knowledge on the basis of 2 aeronautical knowledge assessments that are:

             (i)  comparable and consistent with the aeronautical knowledge assessments mentioned in clause 3 of Schedule 1; and

            (ii)  conducted under the supervision of the operator’s HFO.

Note   Section 8 does not affect any of the other requirements under section 7 or Schedule 1.

Part 3 — Approval to conduct flight training for grant of helicopter firefighting endorsement

Note   This Part is made under regulations 11.056 and 141.035 of CASR.

9          Definitions

                 In this Part:

aerial work purpose has the meaning given by paragraph 206 (1) (a) of CAR, as in force at the time this instrument commences.

helicopter firefighting endorsement: see table 61.1120, item 5 of CASR.

helicopter firefighting operation means a firefighting operation conducted in a helicopter for an aerial work purpose involving the collection and carriage by, and the release of water or fire retardant from, the helicopter by means of an external sling load attachment or some other device or method.

10        Application

                 This Part applies in relation to an operator who, for the previous 3 or more years:

(a)   held an AOC authorising the person to undertake aerial application operations in a helicopter; and

(b)   had an operations manual containing procedures for helicopter firefighting operations; and

(c)   had annually conducted helicopter firefighting operations under the written authorisation of the National Aerial Firefighting Centre or a State or Territory fire control authority.

11        Approval

        (1)     An operator to whom this Part applies is approved to conduct flight training for the grant of a helicopter firefighting endorsement.

        (2)     The approval of an operator under subsection (1) is subject to the conditions mentioned in section 12.

12        Conditions

        (1)     The operator must ensure that flight training for the grant of a helicopter firefighting endorsement is delivered only by the operator’s chief pilot or a senior pilot of the operator nominated by the chief pilot (a nominated senior pilot).

        (2)     If the flight training is delivered by a chief pilot, the operator must ensure that, at the time of delivering the flight training:

(a)   the chief pilot is authorised under regulation 61.1125 of CASR to exercise the privileges of the helicopter firefighting endorsement; and

(b)   a record exists in the chief pilot’s logbook stating that the chief pilot has aeronautical experience in the conduct of helicopter firefighting operations, in accordance with the requirements of CAO 29.5 or CAO 29.6, that is of such a nature and extent as to satisfy the chief pilot of the chief pilot’s competency to conduct such operations.

        (3)     If the flight training is delivered by a nominated senior pilot, the operator must ensure that, at the time of delivering the flight training:

(a)   the nominated senior pilot is authorised under regulation 61.1125 of CASR to exercise the privileges of the helicopter firefighting endorsement; and

(b)   a record exists in the nominated senior pilot’s logbook stating that the pilot has aeronautical experience in the conduct of helicopter firefighting operations, in accordance with the requirements of CAO 29.5 or CAO 29.6, that is of such a nature and extent as to satisfy the operator’s chief pilot of the nominated senior pilot’s competency to conduct such operations; and

(c)   either:

             (i)  an additional record exists in the nominated senior pilot’s logbook stating that the pilot has aeronautical experience as a pilot conducting flight training in a helicopter that is of such a nature and extent as to satisfy the operator’s chief pilot of the nominated senior pilot’s competency to conduct flight training; or

            (ii)  the nominated senior pilot conducts the flight training under the supervision of the operator’s chief pilot.

        (4)     The operator must ensure that the flight training is delivered only to a trainee who has:

(a)   a commercial pilot licence with a helicopter category rating under Part 61 of CASR; and

(b)   a helicopter low-level endorsement (see table 61.1075, item 2 of CASR); and

(c)   if the flight training is for a helicopter firefighting operation using an external sling load — a sling operations endorsement (see table 61.1075, item 8 of CASR).

        (5)     The operator must ensure that the flight training is delivered in accordance with a course of training prepared by the operator that:

(a)   covers the matters mentioned in Schedule 2; and

(b)   includes appropriate information about the pass standards for the aeronautical knowledge assessments, the practical flying assessment and the overall assessment.

        (6)     The operator must ensure that:

(a)   the aeronautical knowledge training, the practical flight training, and the assessments comply with the requirements set out in Schedule 2; and

(b)   both the theoretical and practical components of the flight training are conducted in a suitable ground environment and airspace, with appropriate facilities and training resources; and

(c)   the helicopter used for the flight training is airworthy and suitable for the training; and

(d)   each person conducting the flight training (including assessment) is competent to do so.

        (7)     The operator must issue a trainee who successfully completes the flight training with a certificate of completion that:

(a)   identifies the operator and the trainee; and

(b)   records the trainee’s results for each of the aeronautical knowledge assessments, the practical flying assessment and the overall assessment.

        (8)     The operator must prepare as soon as practicable, and retain in safe custody for at least 3 years from their creation, the following records for each trainee:

(a)   the trainee’s name, ARN, and dates of commencement and ending of training;

(b)   for each flight training activity, and each practical flying assessment, details of the following:

             (i)  the location;

            (ii)  the date;

           (iii)  the aircraft type, and nationality and registration marks;

           (iv)  the name and ARN of the instructor conducting the flight training activity;

            (v)  the name and ARN of the person conducting the practical flying assessment;

           (vi)  the flight time, and whether the flight was dual, solo or PICUS;

          (vii)  the record and results of the trainee’s performance against the relevant competencies mentioned at Unit AA5 – Helicopter firefighting operation, under Aerial Application Rating in Schedule 2 of the Part 61 MOS;

(c)   the results for each of the aeronautical knowledge assessments;

(d)   a copy of the certificate of completion for the relevant training mentioned in subsection (7).

Part 4 — Approval to conduct flight training (approved pilots under CAO 29.10)

Note   This Part is made under regulations 11.056 and 141.035 of CASR.

13        Definitions

                 In this Part:

eligible person (aeroplane) means a person who:

(a)   on 31 August 2014, was approved under CAO 29.10, as in force at the time the approval was granted, to act as an approved pilot in an aeroplane; and

(b)   has a valid instructor proficiency check under regulation 61.1180 of CASR that includes a test of competency of the low-level rating training endorsement (aeroplane).

eligible person (helicopter) means a person who:

(a)   on 31 August 2014, was approved under CAO 29.10, as in force at the time the approval was granted, to act as an approved pilot in a helicopter; and

(b)   has a valid instructor proficiency check under regulation 61.1180 of CASR that includes a test of competency of the low-level rating training endorsement (helicopter).

low-level rating training endorsement: see table 61.1235, item 11 of CASR.

Note 1   CAO 29.10 has been amended and no longer provides for approved pilots.

Note 2   The requirements and standards for an instructor rating proficiency check are set out in Appendix 5 of Schedule 6 of the Part 61 MOS.

14        Approval

        (1)     An eligible person (aeroplane) is approved to conduct flight training for the grant under Part 61 of CASR of:

(a)   a low-level rating; and

(b)   an aeroplane low-level endorsement; and

(c)   an aerial mustering – aeroplane endorsement.

        (2)     An eligible person (helicopter) is approved to conduct flight training for the grant under Part 61 of CASR of:

(a)   a low-level rating; and

(b)   a helicopter low-level endorsement; and

(c)   an aerial mustering – helicopter endorsement.

        (3)     The approval of a person under this section is subject to the following conditions:

(a)   the person must ensure that the Part 141 flight training complies with the relevant requirements and standards for the rating or endorsement in the Part 61 MOS;

(b)   the person must retain records of each person’s flight training for at least 7 years.

Part 5 — Approvals to conduct flight tests and grant certain endorsements (approved persons or pilots under CAOs 29.6, 29.10 and 29.11)

Note   This Part is made under regulations 11.056 and 61.040 of CASR.

15        Definitions

                 In this Part:

aerial application rating flight test endorsement: see table 61.1310, item 10 of CASR.

FTM means the CASA Flight Test Management system.

low-level rating flight test endorsement: see table 61.1310, item 9 of CASR.

16        Application

                 This Part applies in relation to the following persons:

(a)   a mustering operation checker, being a person who:

             (i)  on 31 August 2014, was approved under subsection 12 of CAO 29.10, as in force at the time the approval was granted, to act as an approved pilot in a helicopter; and

            (ii)  has never been granted a low-level rating flight test endorsement (helicopter) or an aerial application rating flight test endorsement (helicopter);

(b)   a sling load operation checker, being a person who:

             (i)  on 31 August 2014, was an approved person within the meaning of paragraph 3.2 of CAO 29.6, as in force on 31 August 2014; and

            (ii)  has never been granted a low-level rating flight test endorsement (helicopter) or an aerial application rating flight test endorsement (helicopter);

(c)   a winching/rappelling operation checker, being a person who:

             (i)  on 31 August 2014, was an approved person within the meaning of paragraph 9.2 of CAO 29.11, as in force on 31 August 2014; and

            (ii)  has never been granted a low-level rating flight test endorsement (helicopter) or an aerial application rating flight test endorsement (helicopter).

Note   Civil Aviation Orders 29.6, 29.10 and 29.11 have been amended and no longer provide for approved persons for pilot qualifications. Instead, Part 61 of CASR authorises the holder of a low-level rating flight test endorsement or an aerial application rating flight test endorsement to conduct a flight test for a low-level endorsement mentioned in regulation 61.1075 of CASR.

17        Approvals

        (1)     A mustering operation checker (see paragraph 16 (a)) is approved:

(a)   to conduct a flight test for an aerial mustering — helicopter endorsement (see table 61.1075, item 6 of CASR); and

(b)   to grant the endorsement to the person who has passed the flight test.

        (2)     A sling load operation checker (see paragraph 16 (b)) is approved:

(a)   to conduct a flight test for a sling operations endorsement (see table 61.1075, item 8 of CASR); and

(b)   to grant the endorsement to the person who has passed the flight test.

        (3)     A winching/rappelling operation checker (see paragraph 16 (c)) is approved:

(a)   to conduct a flight test for a winch and rappelling operations endorsement (see table 61.1075, item 9 of CASR); and

(b)   to grant the endorsement to the person who has passed the flight test.

        (4)     The approval of a person under this section is subject to the following conditions:

(a)    the person must be registered with FTM and must use FTM as the method of flight test notification;

(b)    before FTM registration, the person must have provided evidence to CASA that the person was, on 31 August 2014, a sling load operation checker, a mustering operation checker or a winching/rappelling operation checker (as the case may be);

(c)    the person must comply with the limitations and obligations of the holder of a flight examiner rating under Subpart 61.U of CASR (other than subregulation 61.1265 (1) and regulations 61.1270 and 61.1285).

Schedule 1          Flight training for grant of aeroplane firefighting endorsement (Part 2)

Aeronautical knowledge training

          1     There must be at least a 1 day training course, followed by a written and oral assessment, covering the following (aeronautical knowledge assessment 1):

(a)   fire behaviour;

(b)   firefighting techniques;

(c)   communication protocols;

(d)   operator procedures;

(e)   relevant procedures of State or Territory fire control authorities.

Note   Firefighting includes what is colloquially known as “firebombing”.

          2     There must be at least a separate 1 day training course, followed by a written and oral assessment, covering the following (aeronautical knowledge assessment 2):

(a)   human factors;

(b)   hazard awareness;

(c)   risk management for firefighting operations.

          3     Each of aeronautical knowledge assessment 1 and 2 must be conducted under the supervision of the operator’s HFO.

Practical flight training

          4     Subject to clauses 5 and 6, there must be dual flight training, covering at least the following, and progressing from simple to complex situations:

(a)   flight preparation;

(b)   access to water or retardant sources, and loading;

(c)   transit to relevant location;

(d)   approach and delivery of water or fire retardant;

(e)   threat and error management;

(f)    aeroplane performance management in the operational context;

(g)   management of non-normal and emergency operations in the operational context;

(h)   application of learning acquired under clauses 1 to 3.

          5     If the training aircraft is a single-seat aeroplane, the flight training mentioned in clause 4 must be supervised under radio commands and observation from the ground or another aircraft.

          6     There must be such additional solo or PICUS practice flights as are required by the instructor conducting the training, involving the targeted application of water or fire retardant.

          7     The number and nature of the flights mentioned in clause 6 must be such as to ensure that a level of competency is achieved, bearing in mind the trainee’s existing flying qualifications and experience.

          8     There must be a practical flying assessment based on the practical flight standards for the endorsement in the Part 61 MOS.

Overall assessment

          9     There must be an overall assessment based on each of aeronautical knowledge assessment 1 and 2, and the practical flying assessment.

        10     The overall assessment must not be a pass unless both of the aeronautical knowledge assessments and the practical flying assessment have been passed.

Schedule 2          Flight training for grant of helicopter firefighting endorsement (Part 3)

                 Aeronautical knowledge training

          1     There must be at least a 1 day training course, followed by a written and oral assessment, covering the following (aeronautical knowledge assessment 1):

(a)   fire behaviour;

(b)   firefighting techniques using belly tanks, or sling loads with single-drop or multi-drop buckets (as the case requires);

(c)   communication protocols;

(d)   operator procedures;

(e)   relevant procedures of State or Territory fire control authorities.

Note   Firefighting includes what is colloquially known as “firebombing”.

          2     There must be at least a separate 1 day training course, followed by a written and oral assessment, covering the following (aeronautical knowledge assessment 2):

(a)   human factors;

(b)   hazard awareness;

(c)   risk management for firefighting operations.

          3     Each of aeronautical knowledge assessment 1 and 2 must be conducted under the supervision of the operator’s chief pilot.

                 Practical flight training

          4     Subject to clause 5, there must be dual flight training covering at least the following, and progressing from simple to complex situations:

(a)   flight preparation;

(b)   access to water or retardant sources, and loading;

(c)   transit to relevant location;

(d)   approach and delivery of water or fire retardant;

(e)   threat and error management;

(f)    helicopter performance management in the operational context;

(g)   management of non-normal and emergency operations in the operational context;

(h)   application of learning acquired under clauses 1 to 3.

          5     There must be such additional solo or PICUS practice flights as are required by the instructor conducting the training, involving the targeted application of water or fire retardant.

          6     The number and nature of the flights mentioned in clause 5 must be such as to ensure that a level of competency is achieved, bearing in mind the trainee’s existing flying qualifications and experience.

          7     There must be a practical flying assessment based on the practical flight standards for the endorsement in the Part 61 MOS.

                 Overall assessment

          8     There must be an overall assessment based on aeronautical knowledge assessment 1 and 2, and the practical flying assessment.

          9     The overall assessment must not be a pass unless each of the aeronautical knowledge assessments has been passed, and the practical flying assessment has been passed.