Instrument number CASA EX88/23

I, PHILIPPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed P. Spence]

Pip Spence
Director of Aviation Safety

29 August 2023

1          Name

                 This instrument is CASA EX88/23 — Overseas Training and Assessment, and Instrument Proficiency Check, Exemption 2023.

2          Duration

                 This instrument:

(a)   commences on 1 September 2023; and

(b)   is repealed at the end of 31 August 2026.

3          Definitions

                 In this instrument:

instrument proficiency check has the meaning given by regulation 61.010 of CASR.

pilot type rating has the same meaning as in Division 61.L.5 of CASR.

recognised foreign State has the meaning given by regulation 61.010 of CASR.

4          Exemption — Applicant for Pilot Type Rating (Overseas Training and Assessment)

        (1)     This section applies to an applicant for a pilot type rating, who:

(a)   is not taken to meet the requirements for the grant of the pilot type rating under regulation 61.815 or 61.820 of CASR; and

(b)   demonstrates to CASA that:

             (i)  the applicant has completed training, conducted by a training provider that is authorised by the national aviation authority of a recognised foreign State to conduct the training, for the grant of an overseas rating; and

            (ii)  the applicant has been assessed by a person who is authorised by the national aviation authority of the recognised foreign State to conduct the assessment as meeting the flight test standard for the grant of the overseas rating; and

           (iii)  the training meets the standards stated in the Part 61 Manual of Standards for training for the pilot type rating; and

           (iv)  the overseas rating is at least equivalent to the pilot type rating.

        (2)     The applicant is exempt from compliance with subregulation 61.810(3) of CASR.

Note   If the exemption applies and the applicant meets the requirements stated in subregulation 61.810(2) of CASR, the applicant is taken to meet the requirements stated in Part 61 of CASR for the grant of the pilot type rating for the purposes of paragraph 61.165(c) of CASR.

5          Exemptions — Instrument proficiency check partially conducted by foreign-authorised person

        (1)     The holder of a multi-crew pilot licence is exempt from compliance with regulation 61.065 of CASR to the extent that the holder is not authorised to exercise the privileges of the licence under the IFR in an aeroplane of a particular category or a multi-engine aeroplane, under subregulation 61.650(1) or (2) of CASR, because the holder does not meet the requirements stated in paragraph 61.650(3)(d) or (e) of CASR in relation to the relevant aeroplane, if the requirements stated in subsection (6) are met.

Note   If the exemption applies, the holder is taken to have successfully completed an instrument proficiency check for the relevant aeroplane for the purposes of paragraph 61.650(3)(d) or (e) of CASR, as applicable.

        (2)     The holder of an air transport pilot licence is exempt from compliance with regulation 61.065 of CASR to the extent that the holder is not authorised to exercise the privileges of the licence under the IFR in an aircraft of a particular category, or a multi-engine aeroplane or multi-engine helicopter, under subregulation 61.695(1) or (2) of CASR, because the holder does not meet the requirements stated in paragraph 61.695(3)(d) or (e) of CASR in relation to the relevant aircraft, if the requirements stated in subsection (6) are met.

Note   If the exemption applies, the holder is taken to have successfully completed an instrument proficiency check for the relevant aircraft for the purposes of paragraph 61.695(3)(d) or (e) of CASR, as applicable.

        (3)     The holder of a pilot type rating is exempt from compliance with regulation 61.065 of CASR to the extent that the holder is not authorised to exercise the privileges of the rating under the IFR in an aircraft type covered by the rating, other than a single-pilot turbojet aeroplane type, under subregulation 61.805(1) of CASR, because the holder does not meet the requirements stated in paragraph 61.805(2)(e) or (f) of CASR in relation to the aircraft type, if the requirements stated in subsection (6) are met.

Note   If the exemption applies, the holder is taken to have successfully completed an instrument proficiency check for the relevant aircraft type for the purposes of paragraph 61.805(2)(e) or (f) of CASR, as applicable.

        (4)     The holder of a pilot type rating is exempt from compliance with regulation 61.065 of CASR to the extent that the holder is not authorised to exercise the privileges of the licence under the IFR in a single-pilot turbojet aeroplane type, under subregulation 61.805(1) of CASR, because the holder does not meet the requirements stated in paragraph 61.805(3)(e) or (f) of CASR in relation to the aircraft type, if the requirements stated in subsection (6) are met.

Note   If the exemption applies, the holder is taken to have successfully completed an instrument proficiency check for the relevant aircraft type for the purposes of paragraph 61.805(3)(e) or (f) of CASR, as applicable.

        (5)     The holder of an instrument rating is exempt from compliance with regulation 61.065 of CASR to the extent that the holder is not authorised to exercise the privileges of the licence in an aircraft of a particular category, or a multi-engine aeroplane or multi-engine helicopter, under subregulation 61.880(1) or (2) of CASR, because the holder does not meet the requirements stated in paragraph 61.880(3)(e) or (f) of CASR in relation to the relevant aircraft, if the requirements stated in subsection (6) are met.

Note   If the exemption applies, the holder is taken to have successfully completed an instrument proficiency check for the relevant aircraft for the purposes of paragraph 61.880(3)(e) or (f) of CASR, as applicable.

        (6)     For subsections (1) to (5), the requirements are the following:

(a)   a person who is authorised by the national aviation authority of a recognised foreign State to conduct an instrument proficiency check (however named) conducts an instrument proficiency check of the holder in relation to the relevant aeroplane, aircraft or aircraft type;

(b)   the instrument proficiency check mentioned in paragraph (a) meets the authority’s flight standards for an instrument proficiency check for the relevant aeroplane, aircraft or aircraft type;

(c)   CASA or a flight examiner:

             (i)  assesses the holder against the knowledge standards, stated in Appendix 1 of Schedule 6 of the Part 61 Manual of Standards, for an instrument proficiency check for the relevant aeroplane, aircraft or aircraft type; and

            (ii)  is satisfied the holder meets the knowledge standards; and

           (iii)  endorses the holder’s licence document to the effect that the holder has completed an instrument proficiency check for the relevant aeroplane, aircraft or aircraft type.