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CASA EX66/21 Exemptions as amended, taking into account amendments up to CASA EX62/22 — Amendment of CASA EX66/21 (Operator Proficiency Checks by Check Pilots) Instrument 2022
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Registered 16 Sep 2022
Start Date 15 Sep 2022
To be repealed 31 May 2024
Repealed by Self Repealing
Table of contents.

CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021

as amended

made under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

This compilation was prepared on 15 September 2022 taking into account amendments up to CASA EX62/22 — Amendment of CASA EX66/21 (Operator Proficiency Checks by Check Pilots) Instrument 2022. It is a compilation of CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021, as amended and in force on 15 September 2022.

Prepared by the Advisory & Drafting Branch, Legal, International & Regulatory Affairs Division, Civil Aviation Safety Authority, Canberra.

Compilation No. 5.

Contents

Page

Part 1 — Preliminary. 3

1       Name. 3

2       Duration. 3

3       Definitions. 3

Part 2 — Logging of Flight Time as a Pilot (Co-pilots on Single-pilot Certificated Aircraft) Exemption and Conditions  5

4       Exemption — logbook recording. 5

5       Exemption — flight time for ATPL. 5

6       Exemption — flight time for pilot type rating for a type-rated aircraft 6

7       Exemption — flight time for night vision imaging system endorsement (helicopter) 6

8       Condition — Exemptions under Part 2. 6

Part 3 — Occupation of Flight Control Seat (Certain Flight Instruction and Examination Activities) Exemption and Conditions  6

9       Exemption. 6

10     Conditions — Exemptions under Part 3. 7

Part 4 — Instrument Proficiency Checks for Aircraft Type Ratings Exemption and Conditions. 8

11     Definitions. 8

12     Exemption No. 1 — single-pilot turbojet aeroplane type ratings. 8

13     Conditions – Exemption No. 1 – single-pilot turbojet aeroplane type ratings. 8

14     Exemption No. 2 — multi-crew type ratings. 9

15     Conditions – Exemption No. 2 – multi-crew type ratings. 9

16     Exemption No. 3 — other aircraft type ratings. 9

17     Conditions – Exemption No. 3 – other aircraft type ratings. 9

18     General condition — Exemption Nos. 1, 2 and 3. 10

Part 5 — Flight Reviews Exemption and Conditions. 10

19     Application of Part 10

20     Exemption from certain flight review requirements. 10

21     Additional conditions and exclusions. 11

Part 6 — Operator Proficiency Checks by Check Pilots Exemption and Conditions. 12

27     Application of Part — check pilots. 12

28     Exemption. 12

29     Conditions. 12

Part 7 — Foreign Cadet Pilots (Medical Certificate for CPL Flight Test) Exemption and Conditions  13

30     Application of Part 13

31     Exemption. 13

32     Conditions. 13

Part 8 — Approved Course of Training (Multi-crew Cooperation) Exemption and Conditions. 13

33     Exemption – ATPL – ADF applicants. 13

34     Conditions – ATPL – ADF applicants. 13

35     Exemption – ATPL – other applicants – MPL. 14

36     Exemption – ATPL – other applicants – CPL. 14

37     Exemption – PPL – exercise of privileges in multi-crew operation. 14

38     Exemption – CPL – exercise of privileges in multi-crew operation. 14

39     Exemption — single-pilot type rating without multi-crew type rating. 14

40     Conditions on exemptions in sections 36, 37, 38 and 39. 14

41     Alternative requirements. 14

42     Evidence and other requirements. 15

Part 9 — Basic Instrument Flight Training Exemption. 16

43     Exemption — flight instructor conducting BIF training. 16

44     Exemption — flight instructor conducting training course. 17

45     Exemption — applicant for flight crew licence, rating or endorsement 17

46     Requirements of training course. 17

Part 10 — Aerial Application Proficiency Check Exemption and Direction. 18

47     Exemption — head of flight operations. 18

48     Exemption — aerial application rating holder 18

49     Direction. 18

Part 11 — English Language Proficiency Assessments Exemption. 18

50     Definitions. 18

51     Approved persons. 19

52     Exemption — application directly to aviation English language proficiency
assessor
19

53     Exemption — current aviation English language proficiency assessment 19

54     Exemption — alternative AELP assessment holders. 20

55     Exemption — GELP holders. 20

56     Exemption — instructors and training operators. 20

57     Condition. 20

Part 12 — Instrument Rating Aeronautical Knowledge Examination (IREX) (Certain
Applicants for an Air Transport Pilot Licence) Exemption. 21

58     Exemptions — exempted applicant 21

59     Exemption — examiners. 21

Part 13 — Differences Training, Class Rating Flight Training and Flight Review (Equivalent Overseas Training) Exemptions  21

60     Definitions for Part 21

61     Exemption — flight training for holder of aircraft class rating. 22

62     Exemption — differences training for holder of pilot type rating. 22

63     Exemption — differences training for holder of flight engineer type rating. 23

Part 14 — Significant Change Approval Requirements (Part 141 Operators and Relevant
Part 142 Operators) Exemptions. 23

64     Definitions. 23

65     Exemption — Part 141 operators. 24

66     Exemption — relevant Part 142 operators. 24

67     Exclusions — significant change for particular aircraft 24

Note to CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021  25

 

Part 1 — Preliminary

1          Name

                 This instrument is CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021.

2          Duration

                 This instrument:

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

Note   For regulation 11.250 of CASR, the directions issued in this instrument cease to be in force at the end of 31 May 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: air transport pilot licence, AOC, civil aviation legislation, commercial pilot licence, co‑pilot, flight crew member, flight test, instrument rating, Part 61 Manual of Standards, Part 121 proficiency check, pilot in command and radiocommunication system.

        (1)     In this instrument:

ADF means the Australian Defence Force.

AELP means aviation English language proficiency.

aerial application operator means an operator that holds an AOC that authorises the use of an aeroplane in aerial application operations.

alternative AELP assessment holder means an individual who:

(a)   has applied, in writing, to an approved person for an assessment of the individual’s AELP; and

(b)   has been assessed by the approved person as meeting the ICAO level 6 AELP standards mentioned in the Part 61 Manual of Standards.

approved person means a person approved by CASA under section 51 to conduct assessments of the AELP or GELP of individuals.

ATPL means an air transport pilot licence.

ATPL(A) means air transport pilot licence with the aeroplane category rating.

BIF training means basic instrument flight training.

CAAP means Civil Aviation Advisory Publication.

CAO means Civil Aviation Order.

CASA certificate of equivalence means a certificate issued by CASA stating that, for paragraph 41 (e) of this instrument, a person’s successful completion of alternative training, or acquisition of qualifications, or possession of experience, or a combination of these, is approved to be at least equivalent to an alternative means of compliance mentioned in paragraphs 41 (a) to (d).

CASR special approval means an approval granted under regulation 61.040, 141.035 or 142.040 of CASR.

check pilot: see section 27.

CPL means a commercial pilot licence issued by CASA under Part 61 of CASR.

ELP assessment holder means an individual who:

(a)   has a current aviation English language proficiency assessment; or

(b)   is an alternative AELP assessment holder; or

(c)   is a GELP holder.

exempted applicant means a person who:

(a)   is an applicant for the grant of an ATPL(A); and

(b)   has been granted a commercial pilot licence, with the aeroplane category rating and an instrument rating, in accordance with the Trans-Tasman Mutual Recognition Act 1997.

flight control seat has the same meaning as in the definition of conduct in regulation 61.010 of CASR.

flight examiner rating has the same meaning as in Subpart 61.U of CASR.

flight instructor rating has the same meaning as in Division 61.T.1 of CASR.

GELP means general English language proficiency.

GELP holder: see subsections 50 (1), (2) and (3).

GELP unit means the unit entitled “GEL General English language proficiency” in Section 1 of Schedule 2 of the Part 61 Manual of Standards.

HF&NTS means human factors and non-technical skills.

IPC means instrument proficiency check.

IREX means the examination of aeronautical knowledge for an instrument rating described in Unit 2.1.1 of Section 2.1 of Appendix 2 of Schedule 3 of the Part 61 Manual of Standards.

last 3 years means the 3 years immediately preceding:

(a)   in the case of an applicant for an ATPL — the date of the application; and

(b)   in any other case — the first flight for which a pilot relies upon this exemption instrument for non-compliance with a requirement in Part 61 of CASR to have completed an approved course of training in MCC.

MCC means multi-crew cooperation.

medical assessment means the evidence issued by a national aviation authority (NAA) that the licence holder meets specific requirements of medical fitness.

MPL means multi-crew pilot licence.

multi-pilot capable aircraft means an aircraft being operated as a multi-pilot aircraft that:

(a)   is certificated under Part 21 of CASR for single-pilot operations; and

(b)   is not an aircraft that, under CASR or CAR, must be flown with a crew of at least 2 pilots; and

(c)   is fitted with:

             (i)  2 flight control seats — from each of which a flight operation may be conducted by a pilot; and

            (ii)  flight instruments suitable for operation of the aircraft from either flight control seat.

Note   Some examples of multi-pilot capable aircraft are Metro series aeroplanes, BE1900 aeroplanes, DO228 aeroplanes, AW139 helicopters and S-76 helicopters.

old authorisation has the same meaning as in regulation 202.261 of CASR.

permissible co-pilot time, in relation to a person who was a permitted co-pilot, means time during which the pilot performed co-pilot duties in a multi-pilot capable aircraft in accordance with multi-crew procedures specified in the operations manual or exposition (whichever is applicable) of the AOC holder operating the aircraft.

permitted co-pilot means a co-pilot of a multi-crew operation conducted in a multi-pilot capable aircraft that is operated by an AOC holder.

PPL means a private pilot licence issued by CASA under Part 61 of CASR.

proficiency check has the same meaning as in Part 61 of CASR.

relevant flight examiner activity means an activity mentioned in paragraph 61.1255 (a) or (c) of CASR.

relevant simulator instructor activity means an activity mentioned in paragraph 61.1165 (a), (c), (d), (e) or (f) of CASR, or paragraph 61.1190 (a), (c), (d), (e) or (f) of CASR, that is conducted in a flight simulation training device.

RPT means regular public transport.

simulator instructor rating has the same meaning as in Division 61.T.2 of CASR.

single-place aircraft means an aircraft that has only 1 flight control seat.

SMS means safety management system.

specified category means a category of aircraft for which a flight instructor holds a grade 1 training endorsement, grade 2 training endorsement or grade 3 training endorsement.

this exemption instrument includes instruments CASA EX192/15, CASA EX225/15 and CASA EX102/18.

        (2)     In this instrument, the following terms have the meaning given by regulation 61.010 of CASR: aeronautical knowledge examination, approved course of training, aviation English language proficiency assessment, aviation English language proficiency assessor, basic instrument flight training, conduct, flight simulation training device, flight time as a pilot, multi-crew operation, operator proficiency check, pilot and pilot licence.

        (3)     A reference in this instrument to a provision that includes the numerals “61” is a reference to the provision of the same number in Part 61 of CASR.

Part 2 — Logging of Flight Time as a Pilot (Co-pilots on Single-pilot Certificated Aircraft) Exemption and Conditions

4          Exemption — logbook recording

        (1)     A person who has been a permitted co-pilot is exempt from compliance with subregulation 61.345 (1) of CASR to the extent that the person must not record in the person’s logbook the person’s permissible co-pilot time.

        (2)     The exemption is subject to the condition in section 8.

5          Exemption — flight time for ATPL

        (1)     A person who is an applicant for an ATPL and who has been a permitted co‑pilot is exempt from compliance with paragraph 61.700 (3) (d) of CASR.

        (2)     The exemption is subject to the following conditions:

(a)   the person would meet the aeronautical experience requirements mentioned in Subpart 61.K of CASR for the grant of the ATPL if the applicant’s permissible co-pilot time in a category of aircraft was flight time as a co‑pilot in the category of aircraft; and

(b)   the condition in section 8.

Note   The condition has effect so that a permitted co-pilot may submit permissible co-pilot time in support of an application for an ATPL with aeroplane category, an ATPL with helicopter category or an ATPL with powered-lift aircraft category provided the permissible co-pilot time is in the category of aircraft relevant to the ATPL.

6          Exemption — flight time for pilot type rating for a type-rated aircraft

        (1)     A person who holds a pilot type rating for a type-rated aircraft that is a multi‑engine turbine-powered aircraft and who has been a permitted co‑pilot for an aircraft covered by the rating is exempt from compliance with the condition mentioned in subregulation 61.775 (2) of CASR.

        (2)     The exemption is subject to the following conditions:

(a)   the person would comply with the condition in the subregulation if the applicant’s permissible co-pilot flight time in an aircraft covered by the rating was flight time; and

(b)   the condition in section 8.

7          Exemption — flight time for night vision imaging system endorsement (helicopter)

        (1)     A person who is an applicant for a night vision imaging system endorsement mentioned in regulation 61.1025 of CASR and who has been a permitted co‑pilot for a helicopter is exempt from compliance with paragraph 61.1035 (2) (d) of CASR to the extent that the paragraph requires the person to comply with subparagraph 61.1035 (4) (b) (i) of CASR.

        (2)     The exemption is subject to the following conditions:

(a)   the person would meet the flight time requirements of subparagraph 61.1035 (4) (b) (i) of CASR if the person’s permissible co‑pilot flight time was flight time; and

(b)   the condition in section 8.

8          Condition — Exemptions under Part 2

                 As soon as practicable after completing each flight as a permitted co-pilot, the person must record the permissible co-pilot time in the person’s logbook as if the time was flight time for regulation 61.345 of CASR.

Part 3 — Occupation of Flight Control Seat (Certain Flight Instruction and Examination Activities) Exemption and Conditions

9          Exemption

        (1)     The holder of an authorisation mentioned in an item in column 1 of Table 1 is exempt from compliance with subregulation 61.065 (1) of CASR to the extent that the subregulation requires the holder to occupy a flight control seat to be authorised under the provision mentioned in column 2 of the table for the item to conduct an activity mentioned in column 3 of the table for the item.

Table 1

 

Authorisations
(Column 1)

Provision
(Column 2)

Activity
(Column 3)

1

pilot licence with a flight instructor rating

subregulation 61.375 (7) of CASR, by reference to item 7 of Table 61.375

relevant simulator instructor activity

2

pilot licence with a flight instructor rating or a simulator instructor rating

subregulation 61.375 (7) of CASR, by reference to item 8 of Table 61.375

relevant simulator instructor activity

3

pilot licence with a flight examiner rating

subregulation 61.375 (7) of CASR, by reference to item 9 of Table 61.375

relevant flight examiner activity

4

flight instructor rating;
old authorisation;
CASR special approval

regulation 61.1165 of CASR

relevant simulator instructor activity

5

simulator instructor rating;
old authorisation;
CASR special approval

regulation 61.1190 of CASR

relevant simulator instructor activity

6

flight examiner rating;
old authorisation;
CASR special approval

regulation 61.1255 of CASR

relevant flight examiner activity

        (2)     The exemption in subsection (1) is subject to the conditions in section 10.

10        Conditions — Exemptions under Part 3

        (1)     An authorisation holder must occupy a flight control seat for any of the following activities in an aircraft:

(a)   a proficiency check, in an aircraft that is not a single-place aircraft, unless each flight crew member occupying a flight control seat is authorised under Part 61 of CASR to pilot the aircraft;

(b)   any activity for which the authorisation holder is the pilot in command, or is required to be the pilot in command in order for the flight to be authorised under the civil aviation legislation;

(c)   any activity for which a flight control seat is available on the aircraft to be occupied by the authorisation holder.

        (2)     In relation to a flight in an aircraft that is not a single-place aircraft, an authorisation holder conducting a relevant flight examiner activity, when occupying a seat that is not a flight control seat:

(a)   must be located at a place on the aircraft that enables the authorisation holder to observe all the matters to be demonstrated by each flight crew member occupying a flight control seat; and

(b)   must not manipulate any aircraft control or system accessible from a flight control seat.

        (3)     An authorisation holder must not conduct a relevant flight examiner activity, in relation to a flight in a single-place aircraft, unless:

(a)   the activity is an aerial application proficiency check; and

(b)   the authorisation holder is located at a place that enables them to observe all the matters to be demonstrated by the pilot of the aircraft for the activity.

        (4)     In relation to an activity in a flight simulation training device, an authorisation holder must, when not occupying a flight control seat, be located at a place that enables the authorisation holder to observe all the matters to be demonstrated by each flight crew member occupying a flight control seat.

        (5)     An authorisation holder conducting a relevant simulator instructor activity or a relevant flight examiner activity, when not occupying a flight control seat, must ensure that at all times during the activity they can:

(a)   monitor flight crew member use of radiocommunication systems; and

(b)   maintain 2-way communications with the flight crew members.

Part 4 — Instrument Proficiency Checks for Aircraft Type Ratings Exemption and Conditions

11        Definitions

        (1)     In this Part, a reference to the 12-month period in subsection 13 (1) is a reference to the period of 12 months calculated in the same way as the period would be calculated under subregulation 61.805 (3) if this instrument had not been made.

        (2)     In this Part, a reference to the 24-month period:

(a)   in subsection 13 (1) — is a reference to the period of 24 months calculated in the same way as the 12-month period is calculated; or

(b)   in subsections 15 (1) and 17 (1) — is a reference to the period of 24 months calculated in the same way as the period would be calculated under subregulation 61.805 (2) if this instrument had not been made.

12        Exemption No. 1 — single-pilot turbojet aeroplane type ratings

        (1)     The holder of a single-pilot turbojet aeroplane type rating (the SP type rating holder), for the exercise of the privileges of the rating under the IFR, is exempt from compliance with subregulation 61.805 (3).

        (2)     The SP type rating holder is exempt from compliance with subregulations 61.805 (5) and (6).

        (3)     The exemptions in this section are subject to the conditions in sections 13 and 18.

13        Conditions – Exemption No. 1 – single-pilot turbojet aeroplane type ratings

        (1)     The SP type rating holder must have a valid IPC as if the requirements under subregulation 61.805 (3), to have a valid IPC for the aeroplane type covered by the rating during the 12-month period, applied as a requirement to have a valid IPC for any single-pilot turbojet aeroplane type during the 24-month period.

Note   Thus, for an SP type rating holder, the 12-monthly IPC requirement under subregulations 61.805 (1) and (3) may be satisfied by a 24-monthly IPC in any single-pilot turbojet aeroplane type.

        (2)     Subregulations 61.805 (5) and (6) must be complied with as if they applied despite the exemption in subsection 12 (2) of this instrument, except that references to “relevant aircraft” for paragraphs 61.805 (3) (e) and (f) must be taken to be references to any single-pilot turbojet aeroplane type (rather than the particular single-pilot turbojet aeroplane type covered by the SP type rating holder’s rating).

Note   Thus, it is a condition of the exemption from the requirements in subregulations 61.805 (5) and (6) that subregulations 61.805 (5) and (6) be complied with, but in the particular context of the operation of the exemption.

14        Exemption No. 2 — multi-crew type ratings

        (1)     The holder of a multi-crew type rating (the multi-crew type rating holder) for a particular aircraft category, for the exercise of the privileges of the rating under the IFR, is exempted from subregulation 61.805 (2).

        (2)     The multi-crew type rating holder is exempt from compliance with subregulations 61.805 (5) and (6).

        (3)     The exemptions in this section are subject to the conditions in sections 15 and 18.

15        Conditions – Exemption No. 2 – multi-crew type ratings

        (1)     The multi-crew type rating holder for a particular aircraft category must have a valid IPC as if the requirements under subregulation 61.805 (2), to have a valid IPC for the aircraft type covered by the rating during the 24-month period, applied as a requirement to have a valid IPC for any multi-crew type-rated aircraft in the same category during the 24-month period.

        (2)     Subregulations 61.805 (5) and (6) must be complied with as if they applied despite the exemption in subsection 14 (2) of this instrument, except that references to “relevant aircraft” for paragraphs 61.805 (2) (e) and (f) must be taken to be references to any multi-crew aircraft type in the same category as that of the multi‑crew type rating holder’s rating (rather than the particular aircraft type covered by the holder’s rating).

Note   Thus, it is a condition of the exemption from the requirements in subregulations 61.805 (5) and (6) that subregulations 61.805 (5) and (6) be complied with, but in the particular context of the operation of the exemption.

16        Exemption No. 3 — other aircraft type ratings

        (1)     This section does not apply to an SP type rating holder or a multi-crew type rating holder.

        (2)     The holder of a pilot type rating (the holder), for the exercise of the privileges of the rating under the IFR, is exempt from compliance with subregulation 61.805 (2).

        (3)     The holder is exempted from subregulations 61.805 (5) and (6).

        (4)     The exemptions in this section are subject to the conditions in sections 17 and 18.

17        Conditions – Exemption No. 3 – other aircraft type ratings

        (1)     The holder must have a valid IPC as if the requirements under subregulation 61.805 (2), to have a valid IPC for the aircraft type covered by the rating during the 24-month period, applied as a requirement to have a valid IPC for any type-rated aircraft in the same category during the 24-month period.

        (2)     Subregulations 61.805 (5) and (6) must be complied with as if they applied despite the exemption in subsection 16 (3) of this instrument, except that references to “relevant aircraft” for paragraphs 61.805 (2) (e) and (f) must be taken to be references to any aircraft type in the same category as that of the holder’s pilot type rating (rather than the particular aircraft type covered by the holder’s rating).

Note   Thus, it is a condition of the exemption from the requirements in subregulations 61.805 (5) and (6) that subregulations 61.805 (5) and (6) be complied with, but in the particular context of the operation of the exemption.

18        General condition — Exemption Nos. 1, 2 and 3

                 An exemption mentioned in section 12, 14 or 16 does not apply to the type rating holder mentioned in the section unless the type rating holder’s pilot licence records that the type rating holder has a valid IPC in accordance with the condition in subsection 13 (1), 15 (1) or 17 (1) (as the case requires).

Part 5 — Flight Reviews Exemption and Conditions

19        Application of Part

                 This Part applies to a person who holds 1 of the following aircraft class or pilot type ratings under Part 61 of CASR:

(a)   a single-engine aeroplane class rating;

(b)   a multi-engine aeroplane class rating;

(c)   a single-engine aeroplane pilot type rating;

(d)   a multi-engine aeroplane pilot type rating;

(e)   a single-engine helicopter class rating;

(f)    a single-engine helicopter pilot type rating;

(g)   a multi-engine helicopter pilot type rating.

20        Exemption from certain flight review requirements

        (1)     Subsection (2) applies to a person who:

(a)   is the holder of a rating mentioned in column 1 of an item in Table 2; and

(b)   has a valid flight review mentioned in column 2 of the item.

        (2)     The person is exempt from the provision of CASR mentioned in column 3 of the item to the extent that the provision requires the person to have a valid flight review for the rating mentioned in column 1 of the item.

        (3)     The exemption in subsection (2) is subject to the additional conditions and exclusions mentioned in section 21.

Table 2

Item

Column 1
Rating

Column 2
Valid flight review under (regulation)

Column 3
Provision
(regulation)

1

single-engine aeroplane class rating

Note   See Note below.

61.800 — for any aeroplane pilot type rating

61.745

2

multi-engine aeroplane class rating

61.800 — for any multi-engine aeroplane pilot type rating

61.745

3

single-engine aeroplane pilot type rating

61.800 — for any aeroplane pilot type rating; or

61.745 — for any aeroplane class rating

61.800

4

multi-engine aeroplane pilot type rating

61.800 — for any multi-engine aeroplane pilot type rating; or

61.745 — for the multi-engine aeroplane class rating

61.800

5

single-engine helicopter class rating

61.800 — for any helicopter type rating

61.745

6

single-engine helicopter pilot type rating

61.800 — for any helicopter pilot type rating; or

61.745 — for the single-engine helicopter class rating

61.800

7

multi-engine helicopter pilot type rating

61.800 — for any multi-engine helicopter pilot type rating

61.800

Note   Under subregulations 61.375 (3) and (4), a licence holder is authorised to exercise the privileges of the licence in an aeroplane in the single-engine aeroplane class if the holder is authorised to exercise the privileges of the multi-engine aeroplane class rating. Thus, if the licence holder has a valid flight review for multi-engine aeroplanes, the holder is authorised to operate aeroplanes in the single-engine aeroplane class without requiring a valid single-engine aeroplane class rating flight review.

21        Additional conditions and exclusions

Evidence of completion of applicable flight review

        (1)     The holder of a rating mentioned in column 1 of an item in Table 2 must ensure that their pilot licence includes a record that the holder has completed the applicable flight review referred to in column 2 of the item.

MU-2 aircraft type rating

        (2)     The exemptions under this Part do not affect the flight review requirements for the holder of the MU-2 single-pilot multi-engine aeroplane type rating, as set out in paragraph 6 (b) of instrument CASA 62/20 — Conditions on Flight Crew Authorisations (Edition 3) Instrument 2020 (CASA 62/20) (as in force on 1 September 2021).

Note   Under CASA 62/20, the holder of the MU-2 single-pilot multi-engine aeroplane type rating must not exercise the privileges of the rating as a pilot in command unless (among other things) the holder has, within the previous 12 months, satisfactorily completed a flight review or a proficiency check conducted in an MU-2 aircraft.

Single-engine helicopter class rating

        (3)     The exemptions under this Part do not affect the flight review requirements for the holder of a single-engine helicopter class rating for use in the conduct of operations in an R22 or R44 helicopter, as set out in section 8 of CASA 62/20 (as in force on 1 September 2021).

Note   Under CASA 62/20, the holder of a single-engine helicopter class rating must not conduct operations in an R22 or R44 helicopter unless (among other things) the holder has completed a flight review, in accordance with regulation 61.745, and the flight review was conducted in an R22 or R44 helicopter.

Part 6 — Operator Proficiency Checks by Check Pilots Exemption and Conditions

27        Application of Part — check pilots

                 This Part applies to the holder of a pilot licence who:

(a)   holds an approval under regulation 121.010 of CASR to conduct a Part 121 proficiency check for an aeroplane of a particular kind; or

(b)   is engaged by the operator of an aircraft to conduct training or a check under:

             (i)  paragraph 133.377 (2) (a) of CASR; or

            (ii)  paragraph 135.387 (2) (a) of CASR; or

           (iii)  paragraph 138.505 (2) (a) of CASR;

                 (a check pilot).

28        Exemption

        (1)     Subject to this section, a check pilot is exempt from compliance with subregulation 61.065 (1) (when taken together with subregulation 61.375 (7) (as it relates to item 9 of table 61.375) and subparagraph 61.1255 (c) (v)) to the extent that the pilot may conduct an operator proficiency check for the holder of a pilot licence (mentioned in subparagraph 61.1255 (c) (v)) without holding a flight examiner rating.

        (2)     Subsection (1) does not authorise the check pilot to conduct an operator proficiency check for the purposes of regulation 61.650, 61.695 or 61.880.

        (3)     The check pilot must comply with the conditions mentioned in section 29.

29        Conditions

        (1)     An operator proficiency check may only be conducted:

(a)   in the case of a check pilot who holds an approval mentioned in paragraph 27 (a) — for an aeroplane of a kind to which the approval applies; or

(b)   in the case of a check pilot who is engaged by an operator to conduct training or a check mentioned in paragraph 27 (b) — for the aircraft in respect of which the check pilot has been so engaged.

        (2)     An operator proficiency check must be conducted in accordance with the operator’s training and checking responsibilities under the regulations.

Part 7 — Foreign Cadet Pilots (Medical Certificate for CPL Flight Test) Exemption and Conditions

30        Application of Part

                 This Part applies to each person (foreign cadet pilot) who:

(a)   is not a citizen of Australia; and

(b)   is not a permanent resident of Australia; and

(c)   is a student registered to undergo flight training with 1 of the following persons (the operator):

             (i)  a Part 141 operator;

            (ii)  a Part 142 operator; and

(d)   is undertaking training for a CPL under the sponsorship of a foreign aircraft operator; and

(e)   takes a flight test for a CPL.

31        Exemption

        (1)     The foreign cadet pilot is exempt from the requirement in paragraph 61.235 (2) (c) to the extent that it requires the pilot to hold a current class 1 medical certificate to be eligible to take a flight test for a CPL.

        (2)     The exemption is subject to the conditions in section 32.

32        Conditions

        (1)     The foreign cadet pilot must:

(a)   hold a current class 2 medical certificate; and

(b)   hold, or have held, a class 1 medical assessment (however described or administered) issued by the NAA of the pilot’s country of residence.

Note   For paragraph (1) (b), NAAs may administer the requirement to hold a class 1 medical assessment by issuing a class 1 medical certificate or, if a certificate is not issued, by requiring that the pilot pass a class 1 medical examination to show that the pilot meets the class 1 medical standard.

        (2)     The foreign cadet pilot must not undertake a flight test for a CPL unless the flight test is organised by the operator as part of the foreign cadet pilot’s registration with the operator.

Part 8 — Approved Course of Training (Multi-crew Cooperation) Exemption and Conditions

33        Exemption – ATPL – ADF applicants

                 A member or former member of the ADF (the applicant) who applies for the grant of an ATPL is exempt from the requirement under subparagraph 61.285 (f) (ii) to complete an approved course of training in MCC.

34        Conditions – ATPL – ADF applicants

                 The exemption in section 33 is subject to the following conditions:

(a)   the applicant must have successfully completed a course of training conducted by the ADF for a multi-crew pilot operational conversion qualification;

(b)   compliance with paragraph (a) must be evidenced by giving CASA a copy of the relevant ADF qualification showing that the applicant has completed an operational conversion training course for an aircraft that is normally operated by 2 pilots.

35        Exemption – ATPL – other applicants – MPL

                 The holder of an MPL with an aircraft category rating (the applicant) who applies for the grant of an ATPL is exempt from the requirement under paragraph 61.700 (3) (e) to complete an approved course of training in MCC.

36        Exemption – ATPL – other applicants – CPL

                 The holder of a CPL with an aircraft category rating (the applicant) who applies for the grant of an ATPL is exempt from the requirement under paragraph 61.700 (3) (e) to complete an approved course of training in MCC.

37        Exemption – PPL – exercise of privileges in multi-crew operation

                 The holder of a PPL (the holder) is exempt from the requirement under subregulation 61.510 (1) that to exercise the privileges of the licence in a multi‑crew operation, the holder must have completed an approved course of training in MCC.

38        Exemption – CPL – exercise of privileges in multi-crew operation

                 The holder of a CPL (the holder) is exempt from the requirement under subregulation 61.575 (1) that to exercise the privileges of the licence in a multi‑crew operation, the holder must have completed an approved course of training in MCC.

39        Exemption — single-pilot type rating without multi-crew type rating

                 The holder of a single-pilot (SP) type rating (the holder) is exempt from the requirement under paragraph 61.785 (1) (b) of CASR that to exercise the privileges of the SP type rating in a multi-crew operation, the holder must have completed an approved course of training in MCC if the holder does not hold a multi-crew type rating.

40        Conditions on exemptions in sections 36, 37, 38 and 39

                 Each exemption under section 36, 37, 38 and 39 is subject to the condition that the applicant or the holder, as the case requires:

(a)   satisfies at least 1 of the alternative requirements set out in section 41; and

(b)   evidences compliance with the alternative requirement set out in section 41 in accordance with the evidence and other requirements set out in section 42; and

(c)   complies with any other requirement mentioned in section 42 for the requirement set out in section 41.

41        Alternative requirements

                 For section 40, the alternative requirements to be satisfied are:

(a)   successful completion of a course of training in MCC approved by EASA; or

(b)   successful completion of the training required to qualify for an EASA type rating for a multi-crew certificated aircraft; or

(c)   both of the following:

             (i)  holding a type rating;

            (ii)  having at least 50 hours’ experience as a pilot in multi-crew operations conducted by an Australian AOC holder engaged in RPT operations in accordance with CAO 82.3 or 82.5, being experience gained during the last 3 years; or

Note   Last 3 years is a defined expression — see section 3.

(d)   all of the following:

             (i)  holding a type rating;

            (ii)  having at least 100 hours’ experience as a pilot in multi-crew operations conducted by an Australian AOC holder engaged in charter operations in accordance with CAO 82.1, being experience gained during the last 3 years;

           (iii)  successful completion, within the last 3 years, of 2 operator proficiency checks in multi-crew operations, each of which included assessment of HF&NTS competencies; or

Note   The assessment of HF&NTS competencies should be guided by reference to CAAP SMS‑3 (1), as existing from time to time.

(e)   successful completion of alternative training, or acquisition of qualifications, or possession of experience, or a combination of these, which CASA approves to be at least equivalent to any of the alternative requirements mentioned in paragraphs (a) to (d).

42        Evidence and other requirements

                 For sections 40 and 41, the evidence and other requirements are:

(a)   for paragraph 41 (a):

             (i)  a copy of a course completion certificate issued to the person by an EASA-approved training provider; and

            (ii)  a copy of the EASA approval held by the approved training provider that shows the approval is valid and current; and

(b)   for paragraph 41 (b):

             (i)  a copy of the person’s current EASA flight crew licence endorsed with the multi-crew type rating for a multi-crew certificated aircraft; and

            (ii)  logbook evidence of the person having exercised the privileges of the rating following the grant of the rating; and

(c)   for paragraph 41 (c):

             (i)  a copy of the person’s current CASA flight crew licence endorsed with a multi-crew type rating; and

            (ii)  logbook evidence of the person’s experience as a pilot in multi-crew operations for an Australian AOC holder engaged in RPT operations in accordance with CAO 82.3 or 82.5; and

(d)   for paragraph 41 (d):

             (i)  a copy of the person’s current CASA flight crew licence endorsed with a multi-crew type rating; and

            (ii)  logbook evidence of the person having at least 100 hours’ experience as a pilot in multi-crew operations for an Australian AOC holder engaged in charter operations in accordance with CAO 82.1; and

           (iii)  evidence of the successful completion of 2 operator proficiency checks which included assessment of HF&NTS competencies; and

(e)   for paragraph 41 (e):

             (i)  evidence of successful completion of training, qualifications or experience, or a combination of these; and

            (ii)  a CASA certificate of equivalence; and

Note   CASA certificate of equivalence is a defined expression — see section 3.

(f)    for paragraphs 41 (a) to (e), evidence in logbooks or other documents of any of the following:

             (i)  the exercise of relevant privileges;

            (ii)  the acquisition of experience as a pilot in multi-crew operations;

           (iii)  the successful completion of operator proficiency checks;

           (iv)  the successful completion of equivalent training, qualifications and experience;

        must be endorsed by:

            (v)  the head (however described) of the flying operations part of the relevant AOC holder or other operator to whom the logbook entries or other documents relate; or

           (vi)  the head (however described) of training and checking of the relevant AOC holder or other operator to whom the logbook entries or other documents relate; or

          (vii)  the holder of a flight examiner rating; and

(g)   for paragraphs 41 (a) to (e), the evidence must be supplied to:

             (i)  in the case of an applicant for an ATPL — CASA; and

            (ii)  in the case of the holder of a PPL, a CPL, or an SP type rating without a multi-crew type rating (as the case may be) conducting multi-crew operations — the head (however described) of the flying operations part of the AOC holder or other operator for whom the pilot operates a multi-crew aircraft; and

(h)   for paragraphs 41 (a) to (e), an applicant or a holder must, on written request, supply CASA with any information or documents CASA considers necessary to determine the appropriate application, or the continued application, of the exemption to the applicant or holder.

Note   For example, in the interests of aviation safety, CASA may require proof of authenticity of copies of documents.

Part 9 — Basic Instrument Flight Training Exemption

43        Exemption — flight instructor conducting BIF training

        (1)     This section applies to a flight instructor who:

(a)   holds a grade 1 training endorsement, grade 2 training endorsement or grade 3 training endorsement for a specified category; and

(b)   does not hold an instrument rating training endorsement or a night VFR rating training endorsement; and

(c)   has successfully completed a training course in the conduct of BIF training that meets the requirements mentioned in section 46; and

(d)   has been assessed as competent to conduct BIF training by a flight instructor who:

             (i)  holds a grade 1 training endorsement for the specified category; and

            (ii)  is authorised to conduct BIF training in the specified category.

        (2)     The flight instructor is exempt from compliance with subregulation 61.065 (1) to the extent that the subregulation prohibits the flight instructor from conducting BIF training in the specified category.

44        Exemption — flight instructor conducting training course

        (1)     This section applies to a flight instructor who conducts a training course in the conduct of BIF training that meets the requirements mentioned in section 46.

        (2)     The flight instructor is exempt from compliance with subregulation 61.065 (1) to the extent that the subregulation prohibits the flight instructor from conducting the training course in the specified category.

45        Exemption — applicant for flight crew licence, rating or endorsement

        (1)     This section applies to an applicant for a flight crew licence, rating or endorsement who receives BIF training from a flight instructor mentioned in subsection 43 (1).

        (2)     The applicant is exempt from compliance with paragraph 61.195 (2) (b), but only in relation to receiving BIF training.

46        Requirements of training course

                 For sections 43, 44 and 45, the requirements are as follows:

(a)   the training course must be conducted by a flight instructor for a Part 141 or 142 operator that is authorised to conduct training for the grant of a private pilot licence or a commercial pilot licence;

(b)   the operator must ensure that the training course is conducted as if the training course is:

             (i)  for a Part 141 operator — Part 141 flight training; and

            (ii)  for a Part 142 operator — Part 142 flight training;

(c)   the training course must be conducted by the holder of a grade 1 training endorsement for the specified category:

             (i)  who is authorised to conduct the training by the head of operations of the Part 141 or 142 operator; and

            (ii)  who:

(A)  holds an instrument rating training endorsement or a night VFR rating training endorsement in the specified category; or

(B)   for aeroplanes — immediately before 1 September 2014 held a grade 3 flight instructor (aeroplane) rating; or

(C)   for helicopters — immediately before 1 September 2014 was authorised under CAO 40.3.7 to give flying training at night or flying training in basic instrument flight;

(d)   the training course must include at least 2 hours of flight time in an aircraft;

(e)   the training course must address the elements, performance criteria and underpinning knowledge mentioned in Schedule 2 of the Part 61 Manual of Standards, as in force from time to time, for the following units of competency:

             (i)  IFF — full instrument panel manoeuvres;

            (ii)  IFL — limited instrument panel manoeuvres.

Note 1   A flight test is not required on completion of the training.

Note 2   The operator may use the course published by CASA from time to time on the CASA website or an equivalent course prepared by the operator. Approval of the course by CASA is not required.

Part 10 — Aerial Application Proficiency Check Exemption and Direction

47        Exemption — head of flight operations

        (1)     This section applies if the head of flight operations of an aerial application operator (the first aerial application operator) has satisfactorily completed an operator proficiency check conducted by the head of flight operations of another aerial application operator.

Note   To avoid doubt, the head of flight operations is also known as the chief pilot.

        (2)     The first aerial application operator and that operator’s head of flight operations are exempt from compliance with subregulations 137.240 (3) and (4) of CASR.

Note   Subregulations 137.240 (3) and (4) of CASR provide that an operator proficiency check for the operator’s head of flight operations must be conducted by a flight examiner or instructor authorised under Part 61 of CASR to conduct aerial application operations.

48        Exemption — aerial application rating holder

        (1)     This section applies to the holder of an aerial application rating who:

(a)   holds an aeroplane aerial application endorsement or an aeroplane firefighting endorsement; and

(b)   has successfully completed an operator proficiency check that was conducted by the head of flight operations of an aerial application operator.

        (2)     The holder is exempt from compliance with the requirement in paragraph 61.1110 (2) (c) that the check is conducted by a flight examiner who holds an aerial application rating flight test endorsement.

Note   Paragraph 61.1110 (2) (c) provides that the holder of an aerial application rating is taken to have a valid aerial application proficiency check if the holder successfully completes an operator proficiency check that covers operations under the rating conducted by a flight examiner who holds an aerial application rating flight test endorsement.

49        Direction

                 If a head of flight operations (the first head of flight operations) of an aerial application operator conducts an operator proficiency check of the head of flight operations of another aerial application operator in accordance with this Part, the first head of flight operations must notify CASA, in writing, of the check.

Part 11 — English Language Proficiency Assessments Exemption

50        Definitions

   (1)     A person is a GELP holder if the person provides an assessment report, completed by CASA, an examiner or an approved person, that states that the person is able to perform each of the elements mentioned in clause 2 of the GELP unit:

(a)   according to the performance criteria mentioned for the element; and

(b)   within the range of variables mentioned in clause 3 for the unit.

   (2)     A person is also a GELP holder if the person provides evidence that 1 of the assessors mentioned in subsection (3) is satisfied that the person:

(a)   meets the requirement mentioned in subclause 5.1.2 of the GELP unit; and

(b)   has sufficient GELP to:

             (i)  for a student pilot — safely conduct a solo flight; and

            (ii)  for an applicant for a recreational pilot licence — safely exercise the privileges of the licence; and

           (iii)  for a person proposing to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation — safely transmit on that kind of radio frequency.

   (3)     For subsection (2), the assessors are:

(a)   CASA; and

(b)   an examiner; and

(c)   the head of operations of a Part 141 operator or a Part 142 operator; and

(d)   the holder of a pilot instructor rating and a grade 1 training endorsement who has been nominated by the head of operations of a Part 141 operator or a Part 142 operator; and

(e)   an approved person.

51        Approved persons

            CASA may, in writing, approve a person to conduct assessments of the AELP or GELP of individuals for this instrument.

52        Exemption — application directly to aviation English language proficiency assessor

            A person who applies, in writing, to an aviation English language proficiency assessor for an assessment of the person’s AELP is exempt from compliance with the following provisions of CASR:

(a)   subparagraph 61.160 (b) (ii), to the extent that it requires compliance with subregulations 61.255 (1), (2) and (3);

(b)   subregulations 61.255 (1), (2) and (3).

53        Exemption — current aviation English language proficiency assessment

            A person who has a current aviation English language proficiency assessment is exempt from compliance with the following provisions of CASR:

(a)   subparagraph 61.160 (b) (iii);

(b)   subparagraph 61.235 (2) (a) (vi);

(c)   regulation 61.265.

54        Exemption — alternative AELP assessment holders

            An alternative AELP assessment holder is exempt from compliance with the following provisions of CASR:

(a)   subparagraphs 61.160 (b) (ii) and (iii);

(b)   subparagraphs 61.235 (2) (a) (v) and (vi);

(c)   regulation 61.265;

(d)   paragraph 61.275 (1) (d);

(e)   subparagraph 61.285 (b) (ii);

(f)    subregulation 61.422 (1);

(g)   paragraph 61.495 (2) (d);

(h)   paragraph 61.500 (4) (c);

(i)    paragraph 64.015 (1) (d);

(j)    paragraph 64.015 (5) (c);

(k)   subregulation 64.025 (2);

(l)    paragraph 64.025 (3) (b);

(m)  subregulation 64.035 (2).

55        Exemption — GELP holders

            A GELP holder is exempt from compliance with the following provisions of CASR:

(a)   subparagraph 61.160 (b) (iii);

(b)   subparagraph 61.235 (2) (a) (vi);

(c)   regulation 61.265;

(d)   paragraph 64.015 (1) (d);

(e)   paragraph 64.015 (5) (c);

(f)    subregulation 64.025 (2);

(g)   paragraph 64.025 (3) (b);

(h)   subregulation 64.035 (2).

56        Exemption — instructors and training operators

   (1)     A flight instructor is exempt from compliance with subparagraph 61.1225 (2) (b) (iii) in relation to an ELP assessment holder.

   (2)     A pilot instructor is exempt from compliance with regulation 61.1227 in relation to an ELP assessment holder.

   (3)     A Part 141 operator is exempt from compliance with paragraph 141.306 (2) (c) of CASR in relation to an ELP assessment holder.

   (4)     A Part 142 operator is exempt from compliance with paragraph 142.386 (2) (c) of CASR in relation to an ELP assessment holder.

57        Condition

            An exemption in section 54 or 55 from compliance with subregulation 64.025 (2) or paragraph 64.025 (3) (b) of CASR is subject to the condition that the applicant must ensure that the application for the grant of an aeronautical radio operator certificate is accompanied by evidence of the applicant’s AELP or GELP.

Part 12 — Instrument Rating Aeronautical Knowledge Examination (IREX) (Certain Applicants for an Air Transport Pilot Licence) Exemption

58        Exemptions — exempted applicant

   (1)     An exempted applicant who is taking the flight test for the grant of an ATPL(A) is exempt from compliance with subparagraph 61.235 (2) (a) (ii), to the extent that the subparagraph requires the exempted applicant to have passed the IREX in order to be eligible to take the flight test.

Note   The exemption makes an exempted applicant eligible to take the flight test for the ATPL(A) without having passed the IREX, despite regulations 61.235 and 61.240.

   (2)     An exempted applicant is exempt from compliance with the following provisions of CASR, to the extent that the provisions require the exempted applicant to have passed the IREX in order to be eligible to be granted the ATPL(A):

(a)   subparagraph 61.160 (b) (i);

(b)   paragraphs 61.700 (3) (a) and (c).

Note   The exemption makes an exempted applicant eligible to be granted the ATPL(A) if the applicant has not passed the IREX, or was ineligible to take the ATPL(A) flight test due to not having passed the IREX.

59        Exemption — examiners

            A flight examiner is exempt from compliance with subregulation 61.1300 (1), in relation to the conduct of the flight test for an ATPL(A) taken by an exempted applicant, to the extent that subparagraph 61.1300 (1) (b) (ii) requires the flight examiner to be satisfied that the exempted applicant has passed the IREX.

Part 13 — Differences Training, Class Rating Flight Training and Flight Review (Equivalent Overseas Training) Exemptions

60        Definitions for Part

Note   In this Part, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: differences training, equivalent, for an overseas rating, overseas rating, recognised foreign State and type rating that are defined in regulation 61.010.

                 In this Part:

aircraft class rating has the same meaning as in Part 61 of CASR.

aircraft of the prescribed type means an aircraft of a type prescribed for regulation 61.062 in the instrument mentioned in subregulation 61.747 (2) as in force from time to time.

Note   At the commencement of this Part, the latest edition of this instrument is Prescription of Aircraft and Ratings — CASR Part 61 (Edition 8) Instrument 2021.

authorised overseas training provider means:

(a)   for an equivalent training course — a training provider authorised by the national aviation authority of a recognised foreign State to conduct the equivalent training course; and

(b)   for equivalent flight training — a training provider authorised by the national aviation authority of a recognised foreign State to conduct the equivalent flight training.

equivalent flight training, for the holder of an aircraft class rating, means training, related to flying an aircraft of the prescribed type, that is conducted by an authorised overseas training provider.

equivalent training course means a training course, related to an aircraft model, that is:

(a)   for the holder of a pilot type rating — conducted by an authorised overseas training provider, for an overseas rating that is at least equivalent to the pilot type rating; and

(b)   for the holder of a flight engineer type rating — conducted by an authorised overseas training provider, for an overseas rating that is at least equivalent to the flight engineer type rating.

Note   An equivalent training course may be a full course of training or a differences course for a variant.

flight engineer type rating has the same meaning as in Part 61 of CASR.

pilot type rating has the same meaning as in Part 61 of CASR.

61        Exemption — flight training for holder of aircraft class rating

        (1)     This section applies to the holder of an aircraft class rating who has:

(a)   completed equivalent flight training for an aircraft of the prescribed type covered by the rating; and

(b)   provided CASA with documentation showing that the person:

             (i)  has completed the equivalent flight training for the aircraft; and

            (ii)  has been assessed, by a person authorised by the national aviation authority of the recognised foreign State to conduct the assessment, as competent to fly the aircraft.

Note   The documentation may include the aeronautical experience accumulated by the holder of the class rating in the aircraft or flight simulation training device.

        (2)     The holder of the aircraft class rating is exempt from compliance with regulation 61.747 to the extent that the regulation requires the holder to have completed the following to exercise the privileges of the rating in an aircraft of the prescribed type:

(a)   the flight training mentioned in subregulation 61.747 (3) for the aircraft type;

(b)   a flight review in an aircraft of the type or an approved flight simulator for the flight review.

62        Exemption — differences training for holder of pilot type rating

        (1)     This section applies to the holder of a pilot type rating who has:

(a)   either:

             (i)  passed the flight test for the rating in an aircraft model covered by the rating (the first variant) or in an approved flight simulator for the first variant; or

            (ii)  completed a course of training for the first variant; and

(b)   completed an equivalent training course for another aircraft model covered by the rating (the second variant); and

(c)   provided CASA with documentation, from the authorised overseas training provider that conducted the equivalent training course for the second variant, that shows that the person has:

             (i)  completed the equivalent training course for the second variant; and

            (ii)  been assessed, by the authorised overseas training provider, as competent to pilot an aircraft of the second variant.

Note   The documentation for subparagraph (c) (i) may be a course completion certificate.

        (2)     The holder of the pilot type rating is exempt from compliance with regulation 61.780 to the extent that the regulation requires the holder to have completed the differences training for the second variant to exercise the privileges of the rating in an aircraft of the second variant.

63        Exemption — differences training for holder of flight engineer type rating

        (1)     This section applies to the holder of a flight engineer type rating who has:

(a)   passed the flight test for the flight engineer type rating in:

             (i)  an aircraft model covered by the rating (the first variant); or

            (ii)  a flight simulator that represents the first variant; and

(b)   completed an equivalent training course for another aircraft model covered by the flight engineer type rating (the second variant); and

(c)   provided CASA with documentation, from the authorised overseas training provider that conducted the equivalent training course for the second variant, that shows that the person has:

             (i)  completed the equivalent training course for the second variant; and

            (ii)  been assessed, by the authorised overseas training provider, as competent to act as the flight engineer of an aircraft of the second variant.

Note   The documentation for subparagraph (c) (i) may be a course completion certificate.

        (2)     The holder of the flight engineer type rating is exempt from compliance with regulation 61.1370 to the extent that the regulation requires the holder to have completed the differences training for the second variant to exercise the privileges of the rating in an aircraft of the second variant.

Part 14 — Significant Change Approval Requirements (Part 141 Operators and Relevant Part 142 Operators) Exemptions

64        Definitions

Note   In this Part, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: AOC, differences training, Part 141 operator, Part 142 operator and variant.

                 In this Part:

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

Part 142 activity has the meaning given by 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.

65        Exemption — Part 141 operators

        (1)     A Part 141 operator is exempt from compliance with subregulations 141.085 (1), 141.095 (1) and 141.265 (1) of CASR to the extent that the provisions (when taken together with subparagraph (a) (ix) of the definition of significant change in regulation 141.025) require the operator to have obtained CASA’s approval of a significant change in relation to the kinds of aircraft used by the operator to conduct authorised Part 141 flight training.

        (2)     However, the exemption in subsection (1) does not apply in relation to a significant change of a kind disapplied by section 67.

66        Exemption — relevant Part 142 operators

        (1)     A relevant Part 142 operator is exempt from compliance with subregulations 142.140 (1), 142.150 (1) and 142.345 (1) of CASR to the extent that the provisions (when taken together with subparagraph (a) (xi) of the definition of significant change in regulation 142.030) require the operator to have obtained CASA’s approval of a significant change in relation to the kinds of aircraft used by the operator to conduct Part 142 activities.

        (2)     However, the exemption in subsection (1) does not apply in relation to a significant change of a kind disapplied by section 67.

67        Exclusions — significant change for particular aircraft

                 This Part does not apply in relation to a significant change relating to any of the following aircraft of a Part 141 operator or a relevant Part 142 operator:

(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   At the commencement of this Part, the latest edition of the legislative instrument mentioned in paragraphs 67 (a), (c) and (f) is Prescription of Aircraft and Ratings — CASR Part 61 (Edition 8) Instrument 2021. That instrument prescribes variant models (including variant models requiring differences training) for both multi-crew and single-pilot aircraft.

 

Note to CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021

CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021 (in force under the Civil Aviation Regulations 1988) as shown in this compilation comprises CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021 amended as indicated in the Tables below.

Table of Orders

Year and
number

Date of registration on FRL

Date of
commencement

Application, saving or transitional provisions

CASA EX66/21 —
Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021

21 June 2021
(see F2021L00798)

1 July 2021 (see s. 2)

CASA EX106/21 —
Flight Crew Licensing (Miscellaneous Exemptions) Amendment Instrument 2021

31 August 2021
(see F2021L01223)

1 September 2021 (see s. 2)

CASA EX119/21 —
Flight Crew Licensing (Further Miscellaneous Exemptions) Amendment Instrument 2021

30 September 2021
(see F2021L01360)

1 October 2021 (see s. 2)

CASA EX57/22 –
Flight Crew Licensing (Differences Training and Flight Training – Equivalent Overseas Training) Amendment Instrument 2022

29 July 2022
(see F2022L01028)

1 August 2022 (see s. 2)

CASA EX68/22 – Amendment of CASA EX66/21 (Significant Change Approval Requirements – Part 141 Operators and Relevant Part 142 Operators) Instrument 2022

30 August 2022
(see F2022L01136)

1 September 2022 (see s. 2)

CASA EX62/22 — Amendment of CASA EX66/21 (Operator Proficiency Checks by Check Pilots) Instrument 2022

14 September 2022
(see F2022L01201)

15 September 2022 (see s. 2)

 



Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

para. 2(a)

s. 2

s. 3

s. 11

s. 12

s. 13

s. 14

s. 15

s. 16

s. 17

s. 18

s. 19

s. 20

s. 21

s. 22

s. 23

s. 24

s. 25

s. 26

s. 27

s. 28

s. 29

s. 30

s. 31

s. 32

s. 33

s. 34

s. 35

s. 36

s. 37

s. 38

s. 39

s. 40

s. 41

s. 42

s. 43

s. 44

s. 45

s. 46

s. 47

s. 48

s. 49

s. 50

s. 51

s. 52

s. 53

s. 54

s. 55

s. 56

s. 57

s. 58

s. 59

s. 60

s. 61

s. 62

s. 63

s. 64

s. 65

s. 66

s. 67

rep. Legislation Act 2003, s 48D

am. F2021L01223

am. F2021L01223, F2021L01360, F2022L01201

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223
rep. 1 Dec 2021 (s. 25)

ad. F2021L01223
rep. 1 Dec 2021 (s. 25)

ad. F2021L01223
rep. 1 Dec 2021 (s. 25)

ad. F2021L01223
rep. 1 Dec 2021 (s. 25)

ad. F2021L01223
rep. Legislation Act 2003, s 48D

ad. F2021L01223
rs. F2022L01201

ad. F2021L01223
rs. F2022L01201

ad. F2021L01223
rs. F2022L01201

rs. F2022L01201

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01223

ad. F2021L01360

ad. F2021L01360

ad. F2021L01360

ad. F2021L01360

ad. F2021L01360

ad. F2021L01360

ad. F2021L01360

ad. F2021L01360

ad. F2021L01360

ad. F2021L01360

ad. F2022L01028

ad. F2022L01028

ad. F2022L01028

ad. F2022L01028

ad. F2022L01136

ad. F2022L01136

ad. F2022L01136

ad. F2022L01136