Commonwealth Coat of Arms of Australia

Civil Aviation Safety Regulations 1998

Statutory Rules No. 237, 1998

made under the

Civil Aviation Act 1988

Compilation No. 78

Compilation date:   1 April 2018

Includes amendments up to: F2018L00449

Registered:    4 April 2018

This compilation is in 5 volumes

Volume 1: regulations 1.001–42.1105

Volume 2: regulations 45.005–92.205

Volume 3: regulations 99.005–137.300

Volume 4: regulations 139.005–175.500

Volume 5: regulations 200.001–202.900

 Dictionary and Endnotes

Each volume has its own contents

 

About this compilation

This compilation

This is a compilation of the Civil Aviation Safety Regulations 1998 that shows the text of the law as amended and in force on 1 April 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 45—Display of nationality marks, registration marks and aircraft registration identification plates

Subpart 45.A—Preliminary

45.005 Application of Part 45

45.010 Key definitions for Part 45

45.015 Meaning of markings and set of markings

45.020 References to aircraft operating for an exhibition

45.025 Issue of Manual of Standards for Part 45

45.030 Registration holder to provide copies of approvals under this Part to registered operator

Subpart 45.B—Aircraft markings

45.050 Requirements for aircraft markings

45.055 Display of aircraft markings

45.060 Designs etc. not to modify, obscure or create confusion about sets of markings

45.065 Approval to operate with different markings—aircraft of special configuration

45.070 Approval to operate with different or no markings—aircraft operated for an exhibition

Subpart 45.C—Requirement to display words on certain aircraft

45.090 Requirements for display of words

45.095 Display of words

45.100 Approval to operate with different or no words—aircraft operated for an exhibition

Subpart 45.D—Aircraft registration identification plate

45.120 Application of Subpart 45.D

45.125 Plate to be attached to aircraft

45.130 Removal or alteration of plates

45.135 Approval of method of displaying markings

45.140 Approval for attachment of plate—aircraft of special configuration

Part 47—Registration of aircraft and related matters

Subpart 47.A—General

47.005 Applicability of Part 47

47.010 Definitions for Part 47

47.015 Requirement for aircraft to be registered

47.020 Appointment of person to act on behalf of owners

Subpart 47.B—The Australian Civil Aircraft Register

47.025 Australian Civil Aircraft Register

47.030 Register to be accessible to public

47.035 Correction of Register

47.040 Seeking information about Register

47.045 Communicating with CASA

47.050 Accuracy of information in Register

47.055 Entries in Register etc not conclusive evidence of title to aircraft

Subpart 47.C—Registration of aircraft

47.060 Applying for registration of unregistered aircraft

47.065 Information required for registration—general

47.070 Confirmation of oral application

47.075 CASA may ask for further information

47.080 Registration of aircraft

47.085 Interim certificate of registration

47.090 Issue of certificate of registration

47.095 Period of registration

Subpart 47.D—Registered operator

47.100 Identity of registered operator of aircraft

Subpart 47.E—Transfer of ownership of aircraft

47.105 Meaning of former owner and new owner

47.110 Transfer of ownership

Subpart 47.F—Administration of Australian Civil Aircraft Register

47.115 Notice of error in information in Register

47.130 Lapsing of registration

47.131 Suspension and cancellation of registration following a transfer of ownership

47.131A Suspension and cancellation of registration if registered operator is not an eligible person

47.131B Cancellation of registration at holder’s request—limitations

47.132 Cancellation of registration on other grounds

Subpart 47.G—Reservation, assignment and change of registration marks

47.140 Meaning of aircraft for Subpart 47.G

47.145 Reservation of registration mark

47.150 Assignment of registration mark

47.155 Marks that must not be reserved or assigned

47.160 Assigning reserved registration mark to unregistered aircraft

47.165 Change of registration mark

Subpart 47.H—Dealer’s marks

47.170 Definitions for Subpart 47.H

47.175 Assignment of dealer’s marks

47.180 What marks may be assigned to dealers

47.185 Record of dealer’s marks

47.190 How long assignment to dealer remains in effect

47.195 Certificate of assignment of dealer’s mark

47.205 Dealer’s plate

47.210 Use of dealer’s marks

47.215 Aircraft taken to be registered

47.220 Annual report to CASA on aircraft using dealer’s marks

47.225 Revocation of assignment of dealer’s mark etc

Part 60—Synthetic training devices

Subpart 60.A—Preliminary

60.005 Applicability

60.010 Definitions for Part 60

Subpart 60.B—Flight simulators and flight training devices

60.015 Definitions for Subpart 60.B

60.020 Qualification levels

Table 60.0201..........Flight simulator qualification levels

Table 60.0202.......Flight training device qualification levels

60.025 Application for flight simulator qualification or flight training device qualification

60.030 Initial evaluation and qualification

60.035 Issue of flight simulator qualification certificate or flight training device qualification certificate

60.040 Period of validity of flight simulator qualification or flight training device qualification

60.045 Recurrent evaluation of qualified flight simulator or qualified flight training device

60.050 Variation, cancellation or suspension of flight simulator qualification or flight training device qualification

60.055 Flight simulator and flight training device approvals—persons other than Part 141 operators and Part 142 operators

60.060 Quality system—operators other than Part 141 operators and Part 142 operators

60.065 Ongoing fidelity requirements

60.070 Modification of qualified flight simulator or qualified flight training devices

60.075 Change in qualification level of qualified flight simulator or qualified flight training device

60.080 Deactivation, relocation or reactivation of qualified flight simulator or qualified flight training device

60.085 Change of operator of qualified flight simulator or qualified flight training device

60.090 Evaluation teams

60.095 Records

Subpart 60.C—Basic instrument flight trainers

Part 61—Flight crew licensing

Subpart 61.A—Preliminary

Division 61.A.1—General

61.005 What Part 61 is about

61.007 Application of Part 61

61.010 Definitions for Part 61

61.015 Definition of category of aircraft for Part 61

61.020 Definition of class of aircraft for Part 61

61.025 Definition of aeroplane for Part 61

61.035 Issue of Manual of Standards for Part 61

61.040 Approvals by CASA for Part 61

61.045 Prescription of qualification standards for flight simulation training devices

61.047 Prescription of recognised foreign States

61.050 Prescription of multiengine aeroplanes included in singleengine aeroplane class

61.055 Prescription of type ratings and variants—multicrew aircraft

61.060 Prescription of type ratings—singlepilot aircraft

61.061 Prescription of typerated aircraft—flight review requirements for class ratings

61.062 Prescription of types of aircraft for additional limitations on class ratings

61.063 Prescription of types of single engine helicopters for flight reviews

61.065 Conduct of unauthorised activities—holders of flight crew licences

Division 61.A.2—Flight time and other aeronautical experience

61.070 Flight to which Division 61.A.2 applies

61.075 Definition of aeronautical experience for Part 61

61.080 Definition of flight time as pilot for Part 61

61.085 Definition of flight time as copilot for Part 61

61.090 Definition of flight time as pilot in command for Part 61

61.095 Definition of flight time as pilot in command under supervision for Part 61

61.100 Definition of flight time as flight engineer for Part 61

61.105 Definition of instrument flight time for Part 61

61.110 Definition of instrument ground time for Part 61

Division 61.A.3—Performing flight crew duties without licence, rating or endorsement

Subdivision 61.A.3.1—Student pilots

61.112 Flying as a student pilot

61.113 General requirements for student pilots

61.114 Solo flights—medical requirements for student pilots

61.115 Solo flights—recent experience requirements for student pilots

61.116 Student pilots authorised to taxi aircraft

61.117 Identity checks—student pilots

61.118 Production of medical certificates etc. and identification—student pilots

Subdivision 61.A.3.2—Other circumstances in which flight crew duties may be performed without licence, rating or endorsement

61.119 Flying without licence—flight engineer duties

61.120 Operation of aircraft radio without licence

61.125 Conducting flight activities without rating or endorsement

61.126 Conducting flight activities without having met proficiency check or flight review

61.130 Operation of helicopter using auto flight control system without licence or rating

61.135 Authorisation to conduct flight training or flight test without holding type rating

61.140 Authorisation to test aircraft without holding type rating

61.145 Piloting glider without holding glider pilot licence

Subpart 61.B—Grant of flight crew licences, ratings and endorsements

Division 61.B.1—General

61.150 People who may grant flight crew licences, ratings and endorsements

61.155 Applications for flight crew licences, ratings and endorsements

61.160 Grant of flight crew licences

61.165 Grant of flight crew ratings

61.170 Grant of flight crew endorsements

61.175 How CASA issues flight crew licences, ratings and endorsements

61.180 How examiner, instructor or approval holder issues rating or endorsement

61.185 New licence document if licence, rating or endorsement cancelled

61.190 Licence holder to comply with limitations and requirements of Part 61

Division 61.B.2—Flight training and other training

61.195 Flight training requirements

61.200 Differences training requirements

61.205 When training must not be conducted in aircraft

61.210 Other approved courses of training or professional development

Division 61.B.3—Aeronautical knowledge examinations

61.215 Aeronautical knowledge examinations—general

61.220 Aeronautical knowledge examinations—air transport pilot licence

61.225 Aeronautical knowledge examinations—pass standards

61.230 Aeronautical knowledge examinations—knowledge deficiency reports

Division 61.B.4—Flight tests

61.235 Flight tests for flight crew licences and ratings—prerequisites

61.240 Consequences of taking flight test when ineligible

61.245 Conduct of flight tests for flight crew licences, ratings and endorsements

61.250 Pass standards for flight tests

Division 61.B.5—English language proficiency

61.255 Aviation English language proficiency assessments

61.260 Duration of English language proficiency assessments

61.265 Recreational pilot licences—general English language proficiency

61.270 Approval of language proficiency assessors

Division 61.B.6—Recognition of overseas flight crew authorisations

61.275 Overseas flight crew authorisations—recognition

61.280 Grant of flight crew licences, ratings or endorsements under bilateral agreements

Division 61.B.7—Recognition of Australian Defence Force qualifications

61.285 Australian Defence Force qualifications—recognition

Subpart 61.C—Certificates of validation

61.290 Grant of certificates of validation

61.295 Privileges of certificates of validation

61.300 Limitations on exercise of privileges of certificates of validation—medical certificate

61.305 Limitations on exercise of privileges of certificates of validation—recent experience, flight review and proficiency check

61.310 Limitations on exercise of privileges of certificates of validation—carriage of documents

61.315 Conduct of unauthorised activities by holders of certificates of validation

61.320 Certificates of validation—period of validity

61.325 Certificates of validation—renewal

Subpart 61.D—General obligations of flight crew licence holders

61.335 Identity checks

61.336 Provision of photograph

61.340 Production of licence documents, medical certificates and identification

61.345 Personal logbooks—pilots

61.350 Personal logbooks—flight engineers

61.355 Retention of personal logbooks

61.360 False entries in personal logbooks

61.365 Production of personal logbooks

Subpart 61.E—Pilot licensing—general limitations and authorisations

Division 61.E.1—General limitations on exercise of pilot licence privileges

61.375 Limitations on exercise of privileges of pilot licences—ratings

61.380 Limitations on exercise of privileges of pilot licences—flight activity and design feature endorsements

61.385 Limitations on exercise of privileges of pilot licences—general competency requirement

61.390 Limitations on exercise of privileges of pilot licences—operating requirements and limitations

61.395 Limitations on exercise of privileges of pilot licences—recent experience for certain passenger flight activities

61.400 Limitations on exercise of privileges of pilot licences—flight review

61.405 Limitations on exercise of privileges of pilot licences—medical requirements—recreational pilot licence holders

61.410 Limitations on exercise of privileges of pilot licences—medical certificates: private pilot licence holders

61.415 Limitations on exercise of privileges of pilot licences—medical certificates: commercial, multicrew and air transport pilot licence holders

61.420 Limitations on exercise of privileges of pilot licences—carriage of documents

61.422 Limitations on exercise of privileges of pilot licences—aviation English language proficiency

61.425 Limitations on exercise of privileges of pilot licences—unregistered aircraft

61.427 Removal of certain pilot licence conditions about airspace

Division 61.E.2—General authorisations for pilot licences

61.430 Holders of pilot licences authorised to taxi aircraft

61.435 When holders of pilot licences authorised to operate aircraft radio

Subpart 61.G—Recreational pilot licences

Division 61.G.1—Privileges and grant of licences

61.460 Privileges of recreational pilot licences

61.465 Limitations on exercise of privileges of recreational pilot licences—general

61.470 Limitations on exercise of privileges of recreational pilot licences—endorsements

61.475 Requirements for grant of recreational pilot licences

61.480 Grant of recreational pilot licences in recognition of pilot certificates granted by certain organisations

Division 61.G.2—Recreational pilot licence endorsements

61.485 Kinds of recreational pilot licence endorsements

61.490 Privileges of recreational pilot licence endorsements

61.495 Requirements for grant of recreational pilot licence endorsements

61.500 Grant of endorsement in recognition of other qualifications

Subpart 61.H—Private pilot licences

Division 61.H.1—General

61.505 Privileges of private pilot licences

61.510 Limitations on exercise of privileges of private pilot licences—multicrew operations

61.515 Requirements for grant of private pilot licences—general

Division 61.H.2—Aeronautical experience requirements for private pilot licences—applicants who have completed integrated training courses

61.520 Application of Division 61.H.2

61.525 Aeronautical experience requirements for grant of private pilot licences—aeroplane category

61.530 Aeronautical experience requirements for grant of private pilot licences—helicopter category

61.535 Aeronautical experience requirements for grant of private pilot licences—gyroplane category

Division 61.H.3—Aeronautical experience requirements for private pilot licences—applicants who have not completed integrated training courses

61.540 Application of Division 61.H.3

61.545 Aeronautical experience requirements for grant of private pilot licences—aeroplane category

61.550 Aeronautical experience requirements for grant of private pilot licences—helicopter category

61.555 Aeronautical experience requirements for grant of private pilot licences—poweredlift aircraft category

61.560 Aeronautical experience requirements for grant of private pilot licences—gyroplane category

61.565 Aeronautical experience requirements for grant of private pilot licences—airship category

Subpart 61.I—Commercial pilot licences

Division 61.I.1—General

61.570 Privileges of commercial pilot licences

61.575 Limitations on exercise of privileges of commercial pilot licences—multicrew operations

61.580 Requirements for grant of commercial pilot licences—general

Division 61.I.2—Aeronautical experience requirements for commercial pilot licences—applicants who have completed integrated training courses

61.585 Application of Division 61.I.2

61.590 Aeronautical experience requirements for grant of commercial pilot licences—aeroplane category

61.595 Aeronautical experience requirements for grant of commercial pilot licences—helicopter category

61.600 Aeronautical experience requirements for grant of commercial pilot licences—poweredlift aircraft category

Division 61.I.3—Aeronautical experience requirements for commercial pilot licences—applicants who have not completed integrated training courses

61.605 Application of Division 61.I.3

61.610 Aeronautical experience requirements for grant of commercial pilot licences—aeroplane category

61.615 Aeronautical experience requirements for grant of commercial pilot licences—helicopter category

61.620 Aeronautical experience requirements for grant of commercial pilot licences—poweredlift aircraft category

61.625 Aeronautical experience requirements for grant of commercial pilot licences—gyroplane category

61.630 Aeronautical experience requirements for grant of commercial pilot licences—airship category

Subpart 61.J—Multicrew pilot licences

61.635 Privileges of multicrew pilot licences

61.640 Limitations on exercise of privileges of multicrew pilot licences—IFR flight: general

61.645 Limitations on exercise of privileges of multicrew pilot licences—IFR flight: recent experience

61.650 Limitations on exercise of privileges of multicrew pilot licences—instrument proficiency check

61.655 Requirements for grant of multicrew pilot licences

61.660 Aeronautical experience requirements for grant of multicrew pilot licences—aeroplane category

Subpart 61.K—Air transport pilot licences

61.665 Privileges of air transport pilot licences

61.670 Limitations on exercise of privileges of air transport pilot licences—helicopter IFR flight

61.675 Limitations on exercise of privileges of air transport pilot licences—singlepilot IFR flight

61.680 Limitations on exercise of privileges of air transport pilot licences—IFR flight: general

61.685 Limitations on exercise of privileges of air transport pilot licences—IFR flight: recent experience

61.695 Limitations on exercise of privileges of air transport pilot licences—instrument proficiency check

61.700 Requirements for grant of air transport pilot licences—general

61.705 Aeronautical experience requirements for grant of air transport pilot licences—aeroplane category

61.710 Aeronautical experience requirements for grant of air transport pilot licences—helicopter category

61.715 Aeronautical experience requirements for grant of air transport pilot licences—poweredlift aircraft category

Subpart 61.L—Aircraft ratings and endorsements for pilot licences

Division 61.L.1—Preliminary

61.720 What Subpart 61.L is about

Division 61.L.2—Aircraft category ratings

61.725 Privileges of aircraft category ratings

61.730 Requirements for grant of aircraft category ratings

Division 61.L.3—Aircraft class ratings

61.735 Privileges of aircraft class ratings

61.745 Limitations on exercise of privileges of aircraft class ratings—flight review

61.747 Limitations on exercise of privileges of class ratings in certain aircraft—flight review

61.750 Requirements for grant of aircraft class ratings

Division 61.L.4—Design feature endorsements

61.755 Design features that require design feature endorsement

61.760 Privileges of design feature endorsements

61.765 Requirements for grant of design feature endorsements

Division 61.L.5—Pilot type ratings

61.770 Privileges of pilot type ratings

61.775 Limitations on exercise of privileges of pilot type ratings—flight test in flight simulator

61.780 Limitations on exercise of privileges of pilot type ratings—variants

61.785 Limitations on exercise of privileges of pilot type ratings—singlepilot operation and multicrew operation

61.790 Limitations on exercise of privileges of pilot type ratings—IFR operation

61.795 Limitations on exercise of privileges of pilot type ratings—recent experience on aircraft models

61.800 Limitations on exercise of privileges of pilot type ratings—flight review

61.805 Limitations on exercise of privileges of pilot type ratings—instrument proficiency check

61.810 Requirements for grant of pilot type ratings

61.815 Person taken to meet requirements for grant of pilot type rating—multicrew pilot licence holder

61.820 Person taken to meet requirements for grant of pilot type rating—new type rating

61.822 Removal of type rating condition about acting as pilot in command

Division 61.L.6—Cruise relief type ratings

61.825 Kinds of cruise relief type rating

61.830 Privileges of cruise relief type ratings

61.835 Limitations on exercise of privileges of cruise relief type ratings—general

61.840 Limitations on exercise of privileges of cruise relief type ratings—recent experience

61.845 Requirements for grant of cruise relief type ratings

61.850 Person taken to meet requirements for grant of cruise relief type rating—new type rating

Subpart 61.M—Instrument ratings

Division 61.M.1—Privileges and requirements for grant of instrument ratings

61.855 Privileges of instrument ratings

61.860 Limitations on exercise of privileges of instrument ratings—general

61.865 Limitations on exercise of privileges of instrument ratings—endorsements

61.870 Limitations on exercise of privileges of instrument ratings—recent experience: general

61.875 Limitations on exercise of privileges of instrument ratings—recent experience: single pilot

61.880 Limitations on exercise of privileges of instrument ratings—instrument proficiency check

61.885 Requirements for grant of instrument ratings

61.887 Removal of instrument rating conditions about acting as pilot in command under IFR

Division 61.M.2—Privileges and requirements for grant of instrument endorsements

61.890 Kinds of instrument endorsement

61.895 Privileges of instrument endorsements

61.900 Limitations on exercise of privileges of instrument endorsements

61.905 Requirements for grant of instrument endorsements

Subpart 61.N—Private instrument ratings

Division 61.N.1—Privileges and requirements for grant of private instrument ratings

61.910 Privileges of private instrument ratings

61.915 Limitations on exercise of privileges of private instrument ratings—endorsements

61.920 Limitations on exercise of privileges of private instrument ratings—recent experience

61.925 Limitations on exercise of privileges of private instrument ratings—flight review

61.930 Requirements for grant of private instrument ratings

Division 61.N.2—Privileges and requirements for grant of private instrument endorsements

61.935 Kinds of private instrument endorsement

61.940 Privileges of private instrument endorsements

61.942 Limitations on exercise of privileges of private instrument endorsements—visibility and cloud

61.945 Limitations on exercise of privileges of private instrument endorsements

61.950 Requirements for grant of private instrument endorsements

Subpart 61.O—Night VFR ratings

Division 61.O.1—Privileges and requirements for grant of night VFR ratings

61.955 Privileges of night VFR ratings

61.960 Limitations on exercise of privileges of night VFR ratings—endorsements

61.965 Limitations on exercise of privileges of night VFR ratings—recent experience

61.970 Limitations on exercise of privileges of night VFR ratings—flight review

61.975 Requirements for grant of night VFR ratings

Division 61.O.2—Privileges and requirements for grant of night VFR endorsements

61.980 Kinds of night VFR endorsement

61.985 Privileges of night VFR endorsements

61.990 Requirements for grant of night VFR endorsements

Subpart 61.P—Night vision imaging system ratings

Division 61.P.1—Privileges and requirements for grant of night vision imaging system ratings

61.995 Privileges of night vision imaging system ratings

61.1000 Limitations on exercise of privileges of night vision imaging system ratings—general

61.1005 Limitations on exercise of privileges of night vision imaging system ratings—endorsements

61.1010 Limitations on exercise of privileges of night vision imaging system ratings—recent experience

61.1015 Limitations on exercise of privileges of night vision imaging system ratings—night vision imaging system proficiency check

61.1020 Requirements for grant of night vision imaging system ratings

Division 61.P.2—Privileges and requirements for grant of night vision imaging system endorsements

61.1025 Kinds of night vision imaging system endorsement

61.1030 Privileges of night vision imaging system endorsements

61.1035 Requirements for grant of night vision imaging system endorsements

Subpart 61.Q—Lowlevel ratings

Division 61.Q.1—Privileges and requirements for grant of lowlevel ratings

61.1040 Privileges of lowlevel ratings

61.1045 Limitations on exercise of privileges of lowlevel ratings—general

61.1050 Limitations on exercise of privileges of lowlevel ratings—endorsements

61.1055 Limitations on exercise of privileges of lowlevel ratings—recent experience

61.1060 Limitations on exercise of privileges of lowlevel ratings—flight review

61.1070 Requirements for grant of lowlevel ratings

Division 61.Q.2—Privileges and requirements for grant of lowlevel endorsements

61.1075 Kinds of lowlevel endorsement

61.1080 Privileges of lowlevel endorsements

61.1085 Requirements for grant of lowlevel endorsements

Subpart 61.R—Aerial application ratings

Division 61.R.1—Privileges and requirements for grant of aerial application ratings

61.1090 Privileges of aerial application ratings

61.1100 Limitations on exercise of privileges of aerial application ratings—endorsements

61.1105 Limitations on exercise of privileges of aerial application ratings—recent experience

61.1110 Limitations on exercise of privileges of aerial application ratings—aerial application proficiency check

61.1115 Requirements for grant of aerial application ratings

Division 61.R.2—Privileges and requirements for grant of aerial application endorsements

61.1120 Kinds of aerial application endorsement

61.1125 Privileges of aerial application endorsements

61.1130 Limitations on exercise of privileges of aerial application endorsements—supervision

61.1135 Limitations on exercise of privileges of night aerial application endorsements

61.1140 Requirements for grant of aerial application endorsements

Subpart 61.S—Flight activity endorsements

61.1145 Kinds of flight activity endorsement

61.1150 Privileges of flight activity endorsements

61.1155 Limitations on exercise of privileges of flight activity endorsements—medical certificates

61.1160 Requirements for grant of flight activity endorsements

Subpart 61.T—Pilot instructor ratings

Division 61.T.1—Privileges and requirements for grant of flight instructor ratings

61.1165 Privileges of flight instructor ratings

61.1170 Limitations on exercise of privileges of flight instructor ratings—general

61.1172 Limitations on exercise of privileges of flight instructor rating—rating granted on basis of transitional provisions

61.1175 Limitations on exercise of privileges of flight instructor ratings—endorsements

61.1180 Limitations on exercise of privileges of flight instructor ratings—instructor proficiency check

61.1185 Requirements for grant of flight instructor ratings

Division 61.T.2—Privileges and requirements for grant of simulator instructor ratings

61.1190 Privileges of simulator instructor ratings

61.1195 Limitations on exercise of privileges of simulator instructor ratings—general

61.1197 Limitations on exercise of privileges of simulator instructor rating—rating granted on basis of transitional provisions

61.1200 Limitations on exercise of privileges of simulator instructor ratings—endorsements

61.1205 Limitations on exercise of privileges of simulator instructor ratings—instructor proficiency check

61.1210 Requirements for grant of simulator instructor ratings

Division 61.T.3—Obligations of pilot instructors

61.1215 Obligations of pilot instructors—training

61.1220 Obligations of pilot instructors—flight reviews

61.1225 Obligations of pilot instructors—student pilots

61.1227 Obligations of pilot instructors—approval to operate aircraft radio

61.1230 Obligations of pilot instructors—records of activities conducted independently of Part 141 or 142 operator

Division 61.T.4—Privileges and requirements for grant of training endorsements

61.1235 Kinds of training endorsement

61.1240 Privileges of training endorsements

61.1245 Limitations on exercise of privileges of training endorsements—general

61.1246 Limitations on exercise of privileges of grade 3 training endorsements

61.1247 Limitations on exercise of privileges of low level training endorsements

61.1250 Requirements for grant of training endorsements

Subpart 61.U—Flight examiner ratings

Division 61.U.1—Privileges and requirements for grant of flight examiner ratings

61.1255 Privileges of flight examiner ratings

61.1265 Limitations on exercise of privileges of flight examiner ratings—endorsements

61.1270 Limitations on exercise of privileges of flight examiner ratings—professional development

61.1275 Limitations on exercise of privileges of flight examiner ratings—recent experience

61.1280 Limitations on exercise of privileges of flight examiner ratings—flight reviews and subject matter proficiency checks

61.1285 Limitations on exercise of privileges of flight examiner ratings—examiner proficiency check

61.1290 Requirements for grant of flight examiner ratings

Division 61.U.2—Obligations of flight examiners

61.1295 Obligations of flight examiners—flight tests: strict liability offences

61.1300 Obligations of flight examiners—flight tests: other offences

61.1305 Obligations of flight examiners—proficiency checks

Division 61.U.3—Privileges and requirements for grant of flight examiner endorsements

61.1310 Kinds of flight examiner endorsement

61.1315 Privileges of flight examiner endorsements

61.1318 Limitations on exercise of privileges of flight examiner endorsements—flight tests in aircraft

61.1320 Requirements for grant of flight examiner endorsements

Subpart 61.V—Flight engineer licences

61.1325 Privileges of flight engineer licences

61.1330 Limitations on exercise of privileges of flight engineer licences—ratings

61.1335 Limitations on exercise of privileges of flight engineer licences—recent experience

61.1340 Limitations on exercise of privileges of flight engineer licences—flight review

61.1345 Limitations on exercise of privileges of flight engineer licences—current medical certificates

61.1350 Limitations on exercise of privileges of flight engineer licences—carriage of documents

61.1352 Limitations on exercise of privileges of flight engineer licences—aviation English language proficiency

61.1355 Certain holders of flight engineer licences authorised to operate aircraft radio

61.1360 Requirements for grant of flight engineer licences

Subpart 61.W—Flight engineer type ratings

61.1365 Privileges of flight engineer type ratings

61.1370 Limitations on exercise of privileges of flight engineer type ratings—general

61.1375 Limitations on exercise of privileges of flight engineer type ratings—recent experience on aircraft models

61.1380 Limitations on exercise of privileges of flight engineer type ratings—flight review

61.1385 Requirements for grant of flight engineer type ratings

61.1390 Person taken to meet requirements for grant of flight engineer type rating—new type rating

Subpart 61.X—Flight engineer instructor ratings

Division 61.X.1—Privileges and requirements for grant of flight engineer instructor ratings

61.1395 Privileges of flight engineer instructor ratings

61.1400 Limitations on exercise of privileges of flight engineer instructor ratings—general

61.1402 Limitations on exercise of privileges of flight engineer instructor rating—rating granted on basis of transitional provisions

61.1405 Limitations on exercise of privileges of flight engineer instructor ratings—endorsements

61.1410 Limitations on exercise of privileges of flight engineer instructor ratings—instructor proficiency check

61.1415 Requirements for grant of flight engineer instructor ratings

Division 61.X.2—Obligations of flight engineer instructors

61.1420 Obligations of flight engineer instructors—training

61.1425 Obligations of flight engineer instructors—flight review

61.1427 Obligations of flight engineer instructors—approval to operate aircraft radio

Division 61.X.3—Privileges and requirements for grant of flight engineer training endorsements

61.1430 Kinds of flight engineer training endorsement

61.1435 Privileges of flight engineer training endorsements

61.1440 Requirements for grant of flight engineer training endorsements

Subpart 61.Y—Flight engineer examiner ratings

Division 61.Y.1—Privileges and requirements for grant of flight engineer examiner ratings

61.1445 Privileges of flight engineer examiner ratings

61.1455 Limitations on exercise of privileges of flight engineer examiner ratings—endorsements

61.1460 Limitations on exercise of privileges of flight engineer examiner ratings—professional development

61.1465 Limitations on exercise of privileges of flight engineer examiner ratings—recent experience

61.1470 Limitations on exercise of privileges of flight engineer examiner ratings—examiner proficiency check

61.1475 Requirements for grant of flight engineer examiner ratings

Division 61.Y.2—Obligations of flight engineer examiners

61.1480 Obligations of flight engineer examiners—flight tests: strict liability offences

61.1485 Obligations of flight engineer examiners—flight tests: other offences

61.1490 Obligations of flight engineer examiners—proficiency checks

Division 61.Y.3—Privileges and requirements for grant of flight engineer examiner endorsements

61.1495 Kinds of flight engineer examiner endorsement

61.1500 Privileges of flight engineer examiner endorsements

61.1505 Requirements for grant of flight engineer examiner endorsements

Subpart 61.Z—Glider pilot licences

61.1510 Privileges of glider pilot licences

61.1515 Limitations on exercise of privileges of glider pilot licences—general

61.1520 Limitations on exercise of privileges of glider pilot licences—recent experience

61.1525 Limitations on exercise of privileges of glider pilot licences—flight review

61.1530 Limitations on exercise of privileges of glider pilot licences—medical certificates

61.1535 Limitations on exercise of privileges of glider pilot licences—carriage of documents

61.1540 Requirements for grant of glider pilot licences

Part 64—Authorisations for nonlicensed personnel

Subpart 64.A—Preliminary

64.005 What Part 64 is about

64.010 Definitions for Part 64

64.012 Approvals by CASA for Part 64

Subpart 64.B—Transmission on aeronautical radio frequencies

64.015 Eligibility for aeronautical radio operator certificate

64.020 Obligation of assessor to ensure training is completed

64.025 Applying for aeronautical radio operator certificate

64.030 Grant of aeronautical radio operator certificate

64.035 Holder of aeronautical radio operator certificate may operate radio

64.040 Person undergoing training or assessment may operate radio

Subpart 64.C—Taxiing aeroplanes

64.045 Persons who may taxi aeroplanes—general

64.050 Persons who may taxi aeroplanes—persons undergoing training or assessment

64.055 Grant of certificate of competency to taxi aeroplanes of a class or covered by a type rating

64.060 Production of certificate of competency

Part 65—Air traffic services licensing

Subpart 65.AGeneral

65.005 Applicability of this Part

65.010 Definitions for this Part

65.015 Meaning of successful completion of training

65.020 Effect of ATS provider’s failure to comply with this Part

65.025 How to satisfy recency requirement

65.030 How to satisfy currency requirement

65.033 Issue of Manual of Standards

Subpart 65.BAuthority to act in air traffic control and flight service

65.035 Authority to carry out air traffic control function

65.040 Rules applicable when a person performs ATC function under supervision

65.045 Offences—carrying out ATC function without authority

65.050 Authority to carry out flight service function

65.055 Rules applicable when a person performs flight service function under supervision

65.060 Offences—carrying out flight service function without authority

65.065 Authority to use groundbased radio equipment

Subpart 65.C—Licensing

Division 65.C.1Air traffic controller licensing

65.070 Eligibility for grant of ATC licence

65.075 Air traffic controller ratings

65.080 Grant of rating on ATC licence

65.085 Grant of endorsement on ATC licences

65.090 ATS provider’s obligation to provide currency and recency training and assessment

65.095 Ancillary qualifications

65.100 Conduct of practical training

65.105 Conduct of examinations

65.115 Periods of validity of ratings and endorsements

65.120 Periods of validity of ATC qualifications

Division 65.C.2—Flight service licensing

65.125 Eligibility for grant of flight service licence

65.130 Flight service ratings

65.135 Maintenance of ratings on flight service licence

65.140 Endorsements on flight service licences

65.145 Ancillary qualifications

65.150 Conduct of training

65.155 Conduct of examinations

65.165 Periods of validity of rating and endorsement

65.170 Period of validity of flight service qualification

Subpart 65.EAdministrative functions

Division 65.E.1—Grant of licences

65.175 Definitions for this Subpart

65.180 How to apply

65.225 Grant of licence

65.230 When decision must be made

Division 65.E.2Ongoing proficiency and medical testing

65.250 Reexamination or reassessment of licence or qualification holder

Division 65.E.3Suspension and cancellation of licences

65.255 Provisional suspension of licence pending examination or assessment

65.260 Provisional suspension of licence etc during investigation

65.265 Show cause procedure

65.270 CASA’s powers in respect of licence etc

65.275 Choice between cancellation and suspension

65.280 Procedure for decision

65.285 Effect of suspension or provisional suspension of authorisation

Part 66—Continuing airworthiness—aircraft engineer licences and ratings

Subpart 66.A—General

66.005 Purpose of Part

66.010 Definitions for Part

66.015 Part 66 Manual of Standards

Subpart 66.B—Aircraft engineer licences

66.018 Aircraft engineer licences and kinds of aircraft

66.020 Applications for licences

66.025 Grant of licence

66.026 Grant of licence subject to exclusion

66.030 Recognition of foreign licences from recognised States held at time of application

66.035 Recognition of foreign licences from recognised States held before time of application

66.040 Recognition of foreign licences not from recognised States held at time of application—assessment by maintenance training organisation

66.045 Recognition of foreign licences not from recognised States held at time of application—assessment by CASA

66.050 Recognition of foreign licences not from recognised States held before time of application—assessment by maintenance training organisation

66.055 Recognition of foreign licences not from recognised States held before time of application—assessment by CASA

66.060 Qualifications from excluded States not recognised

66.065 Recognition of Defence Force aircraft authorisations held at time of application

66.070 Recognition of Defence Force aircraft authorisations held before time of application

66.071 Endorsement on licence of licence exclusion

66.072 Removal of exclusion from licence

Subpart 66.C—Ratings

66.075 Applications for ratings

66.080 Grant of rating

66.085 Determination of equivalence of certain ratings endorsed on certain licences and authorisations held at time of application

66.090 Determination of equivalence of certain ratings endorsed on certain licences and authorisations held before time of application

66.095 Grant of rating subject to exclusions

66.100 Training, assessment and experience for removal of exclusion from rating

66.105 Endorsement of rating on licence

66.110 Removal of exclusion from rating

Subpart 66.D—Conditions of licences

66.115 Conditions

66.115A Offence not to comply with licence conditions

66.120 All licences—general

66.125 All licences—medically significant conditions

66.130 Category A licences

66.135 Category B1 and B2 licences—maintenance certification on behalf of Part 145 organisation

66.137 Category B1 and B2 licences—maintenance certification other than on behalf of Part 145 organisation

66.138 Category B1 and B2 licences—certificate of release to service issued on behalf of Part 145 organisation

66.139A Category B1 and B2 licences—certificate of release to service issued other than on behalf of Part 145 organisation

66.140 Category C licences

Subpart 66.F—Administration

66.175 CASA may ask licensed aircraft maintenance engineers for information

66.180 Suspension of licence for failure to provide information

66.185 CASA must revoke suspension of licence if information provided

Part 67—Medical

Subpart 67.A—General

67.005 Applicability

67.010 Definitions for this Part

67.015 Meaning of safetyrelevant

67.020 Extended meaning of convicted of an offence

Subpart 67.B—Designated aviation medical examiners and designated aviation ophthalmologists

67.025 Application for appointment as DAME or DAO

67.030 More information for application

67.035 Continuation of appointment until application decided

67.040 When decision must be made

67.045 Appointment of DAMEs

67.055 DAMEs—declaration about holders of position

67.060 DAMEs—conditions

67.065 Appointment of DAOs

67.075 DAOs—declaration about holders of position

67.080 DAOs—conditions

67.090 Release of information about performance of DAMEs or DAOs

67.095 DAMEs and DAOs—cancellation or surrender of appointment

67.100 DAMEs and DAOs—automatic suspension and cancellation after criminal conviction

67.105 DAMEs—automatic cancellation on ceasing to be medical practitioner

67.110 DAOs—automatic cancellation on ceasing to be medical practitioner or ophthalmologist

67.120 Revocation of declarations

67.125 Obligation to report

67.130 Surrender of certificate of appointment

67.140 Indemnification of medical reporting

Subpart 67.C—Medical certificates

67.145 Kinds of medical certificate

67.150 Who meets medical standard 1

67.155 Who meets medical standard 2

67.160 Who meets medical standard 3

67.165 Directions about examinations for issue of medical certificates

67.170 Evidence of identity

67.175 Medical certificates—application

67.180 Medical certificates—issue and refusal

67.185 Notice of decision to refuse medical certificate

67.190 Reconsideration of decision to refuse medical certificate

67.195 Medical certificate—conditions

67.200 Conditions applicable to certain medical certificates—correcting lenses

67.205 Medical certificates—period in force

67.210 Medical certificates—application for extension of period in force

67.215 Medical certificates—extension of period in force by CASA

67.220 Medical certificates—extension of period in force by DAMEs

67.225 Medical certificates—new medical certificates issued by DAMEs

67.230 CASA may require medical examination of certificate holders

67.235 Suspension of medical certificates—pregnancy

67.240 Medical certificates—suspension pending examination

67.245 Suspension of medical certificates—special arrangements for service in urgent cases

67.250 Medical certificates—effect of suspension

67.255 Medical certificates—cancellation if medical standard not met

67.260 Medical certificates—cancellation and suspension in other cases

Subpart 67.D—Modified Austroads medical standards

67.262 Definition of meets the modified Austroads medical standards

67.263 Definition of modified Austroads medical standards for Subpart 67.D

Subpart 67.E—Responsibilities of holders of medical certificates and recreational aviation medical practitioner’s certificates

67.265 Obligation to tell CASA of changes in medical condition—medical certificate holders

67.270 Offence—doing act while efficiency impaired—licence holders

67.271 Offence—doing act while efficiency impaired—student pilots

67.275 Surrender of medical certificates

Part 71—Airspace

Part 90—Additional airworthiness requirements

Subpart 90.A—General

90.005 Purpose of Part

90.007 Application of Part

90.008 Definitions for Part 90

90.010 Exclusions in relation to particular provisions

90.015 Operation of exclusions under regulation 39.004

90.020 Issue of Manual of Standards

Subpart 90.B—General provisions

90.100 Applicability

90.105 Flight crew restraints

90.110 Occupant restraints—small aeroplanes

90.115 Occupant restraints—helicopters

90.120 Sidefacing seats

90.125 Cabin crew seats

90.130 External doors

90.135 Emergency exits

90.140 Cargo and baggage compartment lighting

90.145 Thermal/acoustic insulation materials

90.150 Fire extinguishing agents

Subpart 90.C—Large aeroplanes engaged in air transport operations

Division 90.C.1—General

90.200 Applicability

Division 90.C.2—Emergency exits

90.205 Escape devices

90.210 Location of emergency exits

90.215 Access to emergency exits

90.220 Interior emergency exit marking

90.225 Interior emergency lighting

90.230 Floor proximity emergency escape path

90.235 Exterior emergency exit marking

90.240 Exterior emergency lighting

90.245 Overwing escape routes

Division 90.C.3—Fire protection

90.250 Cabin interiors—materials

90.255 Seat cushions—materials

90.260 Cargo compartment liners—materials

90.265 Cargo compartments for aeroplanes engaged in regular public transport operations

90.270 Toilets

90.275 Thermal/acoustic insulation materials

Division 90.C.4—Systems and equipment

90.280 Seats

90.285 Pitot heat indication systems

90.290 Landing gear aural warning systems

Subpart 90.D—Small aeroplanes engaged in air transport operations

90.400 Applicability

90.405 Cargo and baggage compartments

90.410 Emergency exits

90.415 Landing gear aural warning systems

Subpart 90.E—Helicopters engaged in regular public transport operations

90.600 Applicability

90.605 Emergency exits

Part 91—General operating and flight rules

Subpart 91.A—Applicability and definitions

91.005 Applicability

Subpart 91.D—Operational procedures

91.830 Reduced vertical separation minimum (RVSM) operations

91.850 Required navigation performance (RNP) operations

91.865 Basic area navigation (BRNAV) operations

91.870 Precision area navigation (PRNAV) operations

91.875 Minimum navigation performance specification (MNPS) operations

91.880 Australian area navigation (AUSEP) operations

91.885 Navigation trial operations

91.890 Area navigation (RNAV) operations

Subpart 91.U—Navigation authorisations

Division 91.U.1—Preliminary

91.5000 Applicability

91.5005 Definition for this Subpart

91.5010 Issue of Manual of Standards

91.5015 How long navigation authorisations remain in force

91.5020 Contravention of conditions of navigation authorisations

91.5025 Removal of aircraft from navigation authorisations—holder ceasing to operate aircraft

91.5030 Aircraft allotted new registration marks

Division 91.U.2—RVSM airworthiness authorisation

Division 91.U.3—RVSM operational authorisation

Division 91.U.4—RNP operational authorisation

91.5150 RNP types

91.5155 Applications for RNP operational authorisation

91.5160 Criteria for grant of RNP operational authorisations

91.5165 RNP operational authorisations

91.5170 Conditions on RNP operational authorisations

Division 91.U.5—BRNAV operational authorisation

Division 91.U.6—PRNAV operational authorisation

Division 91.U.7—MNPS operational authorisation

Division 91.U.8—AUSEP operational authorisation

Division 91.U.9—Navigation trial operational authorisation

Division 91.U.10—RNAV operational authorisation

Part 92—Consignment and carriage of dangerous goods by air

Subpart 92.A—General

92.005 Applicability

92.010 Definitions for Part 92

92.015 What are dangerous goods?

Subpart 92.B—Conditions for carriage etc of dangerous goods

92.020 Compliance with Technical Instructions generally

92.025 Compliance with Technical Instructions—operators

92.030 Compliance with Technical Instructions—passengers and crew

92.035 Compliance with Technical Instructions—persons who consign dangerous goods

92.040 Commercial Australian aircraft operators—conditions for carriage of dangerous goods—dangerous goods manual

92.045 Dangerous goods manual—Australian aircraft operators

92.050 Commercial foreign aircraft operators—conditions to which carriage of dangerous goods is subject

92.055 Dangerous goods manual—requirements applicable to all operators

92.065 Commercial operators—reporting of dangerous goods incidents

92.070 Dangerous goods statement (Act s 23A)

92.075 Dangerous goods statement in reliance on statement already made

Subpart 92.C—Training

92.085 Definitions for Subpart 92.C

92.090 Extended meaning of every 2 years for this Subpart

92.095 Training—certain employees of Australian aircraft operators

92.100 Training—certain employees of Australian ground handling agents

92.105 Training—certain employees of Australian freight forwarders

92.110 Required standard of training for regulations 92.095, 92.100 and 92.105

92.115 Training—certain employees of screening authorities

92.120 Training—certain employees of shippers of dangerous goods

92.125 Training—certain employees of nonAustralian operators

92.130 Training—Australian operators’ employees outside Australia

92.135 Requirements for training course

92.140 Who may conduct training

92.145 Records about training—Australian operators etc

Subpart 92.D—Limitations on application of Subparts 92.B and 92.C

92.160 Aircraft operated by law enforcement authorities

92.165 Helicopterslung loads

92.170 Cargo carried in main deck cargo compartments

92.175 Goods carried by private operators

92.180 Goods carried for parachute operations

92.185 Carriage of fuel in large containers

92.190 Goods for use in emergency services

92.195 Carriage of ammunition by air security officers

Subpart 92.E—Information to passengers

92.200 Information in passenger terminals

92.205 Information with tickets

Part 45Display of nationality marks, registration marks and aircraft registration identification plates

 

Table of contents

Subpart 45.A—Preliminary

45.005 Application of Part 45

45.010 Key definitions for Part 45

45.015 Meaning of markings and set of markings

45.020 References to aircraft operating for an exhibition

45.025 Issue of Manual of Standards for Part 45

45.030 Registration holder to provide copies of approvals under this Part to registered operator

Subpart 45.B—Aircraft markings

45.050 Requirements for aircraft markings

45.055 Display of aircraft markings

45.060 Designs etc. not to modify, obscure or create confusion about sets of markings

45.065 Approval to operate with different markings—aircraft of special configuration

45.070 Approval to operate with different or no markings—aircraft operated for an exhibition

Subpart 45.C—Requirement to display words on certain aircraft

45.090 Requirements for display of words

45.095 Display of words

45.100 Approval to operate with different or no words—aircraft operated for an exhibition

Subpart 45.D—Aircraft registration identification plate

45.120 Application of Subpart 45.D

45.125 Plate to be attached to aircraft

45.130 Removal or alteration of plates

45.135 Approval of method of displaying markings

45.140 Approval for attachment of plate—aircraft of special configuration

Subpart 45.APreliminary

 

45.005  Application of Part 45

  This Part applies in relation to the operation of an Australian aircraft.

45.010  Key definitions for Part 45

  In these Regulations:

aircraft registration identification plate, for an aircraft, means a plate displaying the aircraft’s markings.

Australian nationality mark means the capital letters “VH”.

character means a letter, a digit or a hyphen.

exhibition means an air show or a film or television production.

45.015  Meaning of markings and set of markings

 (1) Markings, for an aircraft, are the Australian nationality mark and the aircraft’s registration mark, in that order, connected by a hyphen.

 (2) However, if the aircraft is a registered glider or a powered sailplane operating in Australian territory, and the first letter of the aircraft’s registration mark is “G”, the aircraft’s markings need not include:

 (a) that first letter; or

 (b) the Australian nationality mark.

 (3) A set of markings, for an aircraft, is an instance of the aircraft’s markings.

45.020  References to aircraft operating for an exhibition

  In this Part, a reference to an aircraft operating for an exhibition includes a reference to the aircraft:

 (a) flying in the exhibition, or in a practice or test flight for the exhibition; or

 (b) flying between locations where the aircraft is participating in the exhibition or in the practice or test flight; or

 (c) flying between a location where the aircraft is participating in the exhibition, or in the practice or test flight, and the aircraft’s base of operations.

45.025  Issue of Manual of Standards for Part 45

  For subsection 38(1) of the Act, CASA may issue a Manual of Standards for this Part prescribing matters:

 (a) required or permitted by these Regulations to be prescribed by the Part 45 Manual of Standards; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.

Note: The Manual of Standards is a legislative instrument: see subsection 38(1) of the Act.

45.030  Registration holder to provide copies of approvals under this Part to registered operator

 (1) This regulation applies if:

 (a) the registration holder of an aircraft holds an approval under this Part for the aircraft; and

 (b) the registration holder is not the registered operator of the aircraft.

 (2) The registration holder contravenes this subregulation if:

 (a) the aircraft is operated; and

 (b) the registration holder has not provided a copy of the approval to the registered operator of the aircraft.

 (3) A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty: 50 penalty units.

Subpart 45.BAircraft markings

 

45.050  Requirements for aircraft markings

 (1) The Part 45 Manual of Standards may prescribe requirements relating to the display of markings on aircraft.

 (2) Without limiting subregulation (1), the Part 45 Manual of Standards may prescribe requirements relating to the following:

 (a) when markings must be displayed;

 (b) the number of sets of markings that must be displayed;

 (c) the location of sets of markings on aircraft;

 (d) the characters to be used in each set of markings, including height requirements.

45.055  Display of aircraft markings

Aircraft must comply with Part 45 Manual of Standards if operated

 (1) The registration holder and the registered operator of an aircraft each contravene this subregulation if:

 (a) the aircraft is operated; and

 (b) a requirement (the prescribed requirement) prescribed by the Part 45 Manual of Standards under regulation 45.050 applies to the aircraft; and

 (c) the prescribed requirement is not met.

Exception—operating with dealer’s mark

 (2) Subregulation (1) does not apply if the aircraft is operating with a dealer’s mark in accordance with Subpart 47.H.

Exception—approvals

 (3) Subregulation (1) does not apply if:

 (a) the registration holder of the aircraft holds an approval under regulation 45.065 to display markings other than in accordance with the prescribed requirement; and

 (b) the requirements specified in the approval are complied with.

 (4) Subregulation (1) does not apply if:

 (a) the registration holder of the aircraft holds an approval under regulation 45.070:

 (i) to display markings other than in accordance with the prescribed requirement; or

 (ii) to display no markings;

  for the purposes of an exhibition; and

 (b) the aircraft is operated for the exhibition during the period of the approval; and

 (c) the requirements specified in the approval are complied with.

Exception—certain Commonwealth and State functions

 (5) Subregulation (1) does not apply if the aircraft is operated:

 (a) in relation to the performance of a function of an authority of the Commonwealth, or an authority or agency of a State; and

 (b) in circumstances in which knowledge of the operation may:

 (i) reduce the effectiveness of the performance of the function; or

 (ii) expose a person to the danger of physical harm or death arising from the actions of another person.

Offence

 (6) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

Note: A defendant bears an evidential burden in relation to the matters in subregulation (2) to (5): see subsection 13.3(3) of the Criminal Code.

45.060  Designs etc. not to modify, obscure or create confusion about sets of markings

 (1) The registration holder and the registered operator of an aircraft each contravene this subregulation if:

 (a) the aircraft is operated; and

 (b) a design, mark or symbol on an aircraft modifies, obscures or creates confusion about a set of markings on the aircraft.

 (2) Subregulation (1) does not apply in relation to:

 (a) a Defence Force symbol or callsign on an aircraft operated by the Defence Force; or

 (b) a design, mark or symbol on an aircraft approved in writing by CASA.

 (3) CASA must not grant an approval under paragraph (2)(b) if granting the approval would adversely affect the safety of air navigation.

Offence

 (4) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the Criminal Code.

45.065  Approval to operate with different markings—aircraft of special configuration

 (1) The registration holder of an aircraft may apply to CASA for approval to display markings on the aircraft other than in accordance with a requirement (the prescribed requirement) prescribed by the Part 45 Manual of Standards under regulation 45.050.

 (2) CASA must approve the application if CASA is satisfied that, because of the configuration of the aircraft, the prescribed requirement specified in the application cannot be met.

 (3) The approval must:

 (a) be in writing; and

 (b) specify the requirements for the display of markings on the aircraft that must be met.

45.070  Approval to operate with different or no markings—aircraft operated for an exhibition

Applications for approval to display different or no markings at an exhibition

 (1) The registration holder of an aircraft may apply to CASA for approval, for the purposes of an exhibition:

 (a) to display markings on the aircraft other than in accordance with a requirement (the prescribed requirement) prescribed by the Part 45 Manual of Standards under regulation 45.050; or

 (b) to display no markings on the aircraft.

 (2) The application for approval must include the following:

 (a) the kind of exhibition, and the name (if any) of the exhibition;

 (b) the dates and times during which the aircraft will be operated for the exhibition;

 (c) the location of the exhibition, including the relevant flight paths;

 (d) a photograph or drawing of the aircraft showing the colour of the aircraft and any marks the applicant intends the aircraft to bear while it is operated for the exhibition.

Requirements for approvals

 (3) CASA must approve the application if CASA is satisfied that:

 (a) the aircraft will be operated for an exhibition; and

 (b) the display of markings in accordance with the prescribed requirement would be inconsistent with the operation of the aircraft for the exhibition; and

 (c) if the exhibition is in a foreign country—the display of markings in accordance with an approval, or the display of no markings, would not contravene a law of that country.

 (4) The approval must:

 (a) be in writing; and

 (b) specify the requirements (if any) for the display of markings on the aircraft that must be met while the aircraft is operated for the exhibition; and

 (c) state the period of the approval.

Markings must be displayed in cockpit and visible to crew

 (5) The registration holder and the registered operator of an aircraft each contravene this subregulation if:

 (a) the registration holder holds an approval under this regulation in relation to the aircraft and an exhibition; and

 (b) the aircraft is operated for the exhibition; and

 (c) the Australian nationality mark and the registration mark of the aircraft are not:

 (i) displayed in the cockpit; and

 (ii) clearly visible to the aircraft’s crew.

Offence

 (6) A person commits an offence of strict liability if the person contravenes subregulation (5).

Penalty: 50 penalty units.

Subpart 45.CRequirement to display words on certain aircraft

 

45.090  Requirements for display of words

 (1) The Part 45 Manual of Standards may prescribe requirements relating to the display of specified words on the following kinds of aircraft:

 (a) aircraft for which a special airworthiness certificate of the kind mentioned in regulation 21.189 is in force;

 (b) aircraft for which a special airworthiness certificate of the kind mentioned in regulation 21.185 is in force;

 (c) provisionally certificated aircraft;

 (d) experimental aircraft.

 (2) Without limiting subregulation (1), the Part 45 Manual of Standards may prescribe requirements relating to the following:

 (a) the words that must be displayed;

 (b) the location of the words;

 (c) the manner in which the words must be displayed, including the colour and height of the letters used.

45.095  Display of words

 (1) The registration holder and the registered operator of an aircraft each contravene this subregulation if:

 (a) the aircraft is operated; and

 (b) a requirement (the prescribed requirement) prescribed by the Part 45 Manual of Standards under regulation 45.090 applies to the aircraft; and

 (c) the prescribed requirement is not met.

 (2) Subregulation (1) does not apply if:

 (a) the registration holder of the aircraft holds an approval under regulation 45.100 to:

 (i) display words other than in accordance with the prescribed requirement; or

 (ii) to display no words;

  for the purposes of an exhibition; and

 (b) the aircraft is operated for the exhibition during the period of the approval; and

 (c) any requirements specified in the approval are complied with.

 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the Criminal Code.

45.100  Approval to operate with different or no words—aircraft operated for an exhibition

Applications for approval to display different or no words at an exhibition

 (1) The registration holder of an aircraft may apply to CASA for approval, for the purposes of an exhibition:

 (a) to display words on the aircraft other than in accordance with a requirement (the prescribed requirement) prescribed by the Part 45 Manual of Standards under regulation 45.090; or

 (b) to display no words on the aircraft.

 (2) The application for approval must include the following:

 (a) the kind of exhibition, and the name (if any) of the exhibition;

 (b) the dates and times during which the aircraft will be operated for the exhibition;

 (c) the location of the exhibition, including the relevant flight paths;

 (d) a photograph or drawing of the aircraft showing the colour of the aircraft and any marks the applicant intends the aircraft to bear while it is operated for the exhibition.

Requirements for approvals

 (3) CASA must approve the application if CASA is satisfied that:

 (a) the aircraft will be operated for an exhibition; and

 (b) the display of words in accordance with the prescribed requirement would be inconsistent with the operation of the aircraft for the exhibition; and

 (c) if the exhibition is in a foreign country—the display of words in accordance with an approval, or the display of no words, would not contravene a law of that country.

 (4) The approval must:

 (a) be in writing; and

 (b) specify the requirements (if any) for the display of words on the aircraft that must be met while the aircraft is operated for the exhibition; and

 (c) state the period of the approval.

Prescribed word must be displayed and visible

 (5) The registration holder and the registered operator of an aircraft each contravene this subregulation if:

 (a) the registration holder holds an approval under this regulation in relation to the aircraft and an exhibition; and

 (b) the aircraft is operated for the exhibition; and

 (c) if a specified word for the aircraft is prescribed by the Part 45 Manual of Standards under regulation 45.090—the word is not:

 (i) displayed in the cockpit; and

 (ii) clearly visible to the aircraft’s crew.

 (6) A person commits an offence of strict liability if the person contravenes subregulation (5).

Penalty: 50 penalty units.

Subpart 45.DAircraft registration identification plate

 

45.120  Application of Subpart 45.D

  This Subpart applies to an aircraft if:

 (a) the aircraft has a maximum takeoff weight of more than 5 700 kg; or

 (b) the aircraft is operating outside Australian territory; or

 (c) the aircraft does not have a manufacturer’s data plate attached in accordance with regulation 21.820.

45.125  Plate to be attached to aircraft

 (1) The registration holder and the registered operator of the aircraft each contravene this subregulation if:

 (a) the aircraft is operated; and

 (b) a requirement mentioned in subregulation (2) is not met.

 (2) The requirements are the following:

 (a) the aircraft’s markings must be displayed on the aircraft registration identification plate for the aircraft;

 (b) the method of displaying the aircraft’s markings must meet the requirements prescribed by the Part 45 Manual of Standards for the purposes of this paragraph;

 (c) the plate must be attached to the aircraft in a way that ensures that the plate is not likely to be defaced or to become detached from the aircraft;

 (d) the plate must be attached at the location on the aircraft prescribed by the Part 45 Manual of Standards for the purposes of this paragraph;

 (e) the plate must be constructed of the material prescribed by the Part 45 Manual of Standards for the purposes of this paragraph.

 (3) Subregulation (1) does not apply in relation to the requirement mentioned in paragraph (2)(b) if:

 (a) the registration holder of the aircraft holds an approval under regulation 45.135 to display the aircraft’s markings using a different method; and

 (b) the markings are displayed using that method.

 (4) Subregulation (1) does not apply in relation to the requirement mentioned in paragraph (2)(d) if:

 (a) the registration holder of the aircraft holds an approval under regulation 45.140 to operate the aircraft with the plate attached in a different place; and

 (b) the requirements specified in the approval are complied with.

 (5) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

Note: A defendant bears an evidential burden in relation to the matters in subregulation (3) or (4): see subsection 13.3(3) of the Criminal Code.

45.130  Removal or alteration of plates

 (1) A person contravenes this subregulation if:

 (a) the person removes the aircraft registration identification plate from an aircraft; and

 (b) the removal is not:

 (i) for the purpose of ensuring compliance with this Part; or

 (ii) for the purpose of carrying out maintenance on the aircraft in accordance with these Regulations.

 (2) A person contravenes this subregulation if:

 (a) the person alters the aircraft registration identification plate of an aircraft; and

 (b) the alteration is not for the purpose of ensuring compliance with this Part.

Offence

 (3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).

Penalty: 50 penalty units.

45.135  Approval of method of displaying markings

 (1) The registration holder of an aircraft may apply to CASA for approval of a method of displaying the aircraft’s markings on the aircraft registration identification plate for the aircraft.

 (2) CASA must approve the application if CASA is satisfied that the method of displaying the aircraft’s markings is similar to marking by etching, stamping or engraving.

 (3) The approval must be in writing.

45.140  Approval for attachment of plate—aircraft of special configuration

 (1) The registration holder of an aircraft (other than a balloon) may apply to CASA for approval to attach the aircraft registration identification plate for the aircraft to the aircraft other than in accordance with paragraph 45.125(2)(d).

 (2) CASA must approve the application if CASA is satisfied that, because of the configuration of the aircraft, the requirements prescribed by the Part 45 Manual of Standards for the purposes of paragraph 45.125(2)(d) cannot be met.

 (3) The approval must:

 (a) be in writing; and

 (b) specify the requirements for attaching the plate to the aircraft.

Part 47Registration of aircraft and related matters

 

Table of contents

Subpart 47.AGeneral

47.005 Applicability of Part 47

47.010 Definitions for Part 47

47.015 Requirement for aircraft to be registered

47.020 Appointment of person to act on behalf of owners

Subpart 47.BThe Australian Civil Aircraft Register

47.025 Australian Civil Aircraft Register

47.030 Register to be accessible to public

47.035 Correction of Register

47.040 Seeking information about Register

47.045 Communicating with CASA

47.050 Accuracy of information in Register

47.055 Entries in Register etc not conclusive evidence of title to aircraft

Subpart 47.CRegistration of aircraft

47.060 Applying for registration of unregistered aircraft

47.065 Information required for registration — general

47.070 Confirmation of oral application

47.075 CASA may ask for further information

47.080 Registration of aircraft

47.085 Interim certificate of registration

47.090 Issue of certificate of registration

47.095 Period of registration

Subpart 47.DRegistered operator

47.100 Identity of registered operator of aircraft

Subpart 47.ETransfer of ownership of aircraft

47.105 Meaning of former owner and new owner

47.110 Transfer of ownership

Subpart 47.FAdministration of Australian Civil Aircraft Register

47.115 Notice of error in information in Register

47.120 Replacement certificate of registration

47.125 Loss etc of certificate of registration

47.130 Lapsing of registration

47.131 Suspension and cancellation of registration following a transfer of ownership

47.131A Suspension and cancellation of registration if registered operator is not an eligible person

47.131B Cancellation of registration at holder’s request—limitations

47.132 Cancellation of registration on other grounds

47.135 Return of certificate of registration

Subpart 47.GReservation, assignment and change of registration marks

47.140 Meaning of aircraft for Subpart 47.G

47.145 Reservation of registration mark

47.150 Assignment of registration mark

47.155 Marks that must not be reserved or assigned

47.160 Assigning reserved registration mark to unregistered aircraft

47.165 Change of registration mark

Subpart 47.HDealer’s marks

47.170 Definitions for Subpart 47.H

47.175 Assignment of dealer’s marks

47.180 What marks may be assigned to dealers

47.185 Record of dealer’s marks

47.190 How long assignment to dealer remains in effect

47.195 Certificate of assignment of dealer’s mark

47.200 Loss of certificate of assignment of dealer’s mark

47.205 Dealer’s plate

47.210 Use of dealer’s marks

47.215 Aircraft taken to be registered

47.220 Annual report to CASA on aircraft using dealer’s marks

47.225 Revocation of assignment of dealer’s mark etc

Subpart 47.AGeneral

 

47.005  Applicability of Part 47

 (1) This Part sets out:

 (a) how aircraft are registered; and

 (b) how registration marks are assigned to aircraft.

 (2) It also sets out how dealer’s marks are assigned to manufacturers, distributors and dealers of aircraft, and regulates their use.

47.010  Definitions for Part 47

  In this Part:

CDCL has the same meaning as in the International Interests in Mobile Equipment (Cape Town Convention) Rules 2014.

eligible person means one of the following:

 (a) a resident of Australia who is:

 (i) 18 years of age or older; and

 (ii) an Australian citizen or the holder of a permanent visa (within the meaning of the Migration Act 1958);

 (b) a corporation incorporated under the Corporations Act 2001;

 (c) a body incorporated under a law (other than the Corporations Act 2001) in force in Australia;

 (d) the Commonwealth, a State or a Territory;

 (e) an agency of the Commonwealth, a State or a Territory;

 (f) a foreign corporation that is lawfully carrying on business in Australia.

IDERA has the same meaning as in the International Interests in Mobile Equipment (Cape Town Convention) Rules 2014.

owner, of an aircraft, includes a partowner of the aircraft who is appointed under regulation 47.020.

Note: The owner of an aircraft who becomes its registration holder must, if he or she is not eligible to be its registered operator, appoint an eligible person as the registered operator: see regulation 47.100.

registered operator has the meaning given by regulation 47.100.

47.015  Requirement for aircraft to be registered

 (1) For paragraph 20AA(1)(b) of the Act, an aircraft is required to be registered unless it is one of the following:

 (a) an aircraft that is not intended to be used as an aircraft;

 (b) an aircraft that, under Subpart 200.B, is exempt from these Regulations;

 (c) an unmanned free balloon;

 (d) a permanently tethered balloon;

 (e) a kite;

 (f) a model aircraft;

 (g) a parachute;

 (h) a rocket;

 (i) a medium RPA, a small RPA, a very small RPA or a micro RPA;

 (j) an aircraft that is registered under the law of a foreign country referred to in subregulation (2);

 (k) an aircraft that satisfies all the following conditions:

 (i) it has been manufactured in Australia for delivery outside Australia to a foreign operator;

 (ii) it is registered under the law of a foreign country referred to in subregulation (2);

 (iii) it displays nationality and registration marks in accordance with the law of that country;

 (iv) it has no certificate of airworthiness issued, or rendered valid, under the law of that country;

 (v) it is flown within Australia only for a purpose mentioned in paragraph 21.197(1)(b) or (c).

 (2) For paragraph (1)(j) and subparagraph (1)(k)(ii), the foreign countries are:

 (a) the Contracting States; and

 (b) any other foreign country with which Australia has an agreement that allows an aircraft registered under the law of that country to be operated in Australia.

Note: For the definition of Contracting State see section 3 of the Act.

47.020  Appointment of person to act on behalf of owners

  If an aircraft is owned by more than 1 person, the owners must, to register the aircraft, appoint one of them to act on their behalf.

Subpart 47.BThe Australian Civil Aircraft Register

 

47.025  Australian Civil Aircraft Register

  CASA must keep a register called the Australian Civil Aircraft Register, or ensure that it is kept, in accordance with this Subpart.

Note: The Australian Civil Aircraft Register is the successor to the Aircraft Register mentioned in regulation 8 of CAR: see regulation 202.221.

47.030  Register to be accessible to public

 (1) CASA must make the Australian Civil Aircraft Register available for inspection by members of the public at reasonable times and places, and subject to reasonable conditions.

 (2) CASA may comply with subregulation (1) by making the information in the Register accessible on the Internet or by another suitable electronic means.

47.035  Correction of Register

  CASA must correct the information recorded in an entry in the Australian Civil Aircraft Register as soon as practicable after becoming aware that the entry is out of date or otherwise incorrect.

Note: An aircraft registration holder who finds out that anything in the Australian Civil Aircraft Register in relation to the aircraft is not correct must tell CASA about the change that should be made to the Register: see regulation 47.115.

47.040  Seeking information about Register

 (1) If CASA thinks that there may be an error in the Australian Civil Aircraft Register in relation to an aircraft, CASA may ask the aircraft registration holder, in writing, to give CASA information that may show the accuracy of the entry.

Note: Information that must be given to CASA under subregulation (1) may include a copy of a relevant document.

 (2) A request under subregulation (1) must:

 (a) describe the information; and

 (b) specify a period of at least 28 days, starting when the request is given to the registration holder, during which the registration holder must give CASA the information.

Note: CASA may cancel the registration of an aircraft if the registration holder fails to comply with a request for information made under subregulation (1): see regulation 47.132.

 (3) A registration holder must comply with a request made under subregulation (2).

Penalty: 10 penalty units.

 (4) An offence under subregulation (3) is an offence of strict liability.

47.045  Communicating with CASA

 (1) A notice that, under this Part, must be given to CASA may be delivered, posted, sent by fax or sent by email.

Note: The address, fax number and email address for notices can be found in the advisory circular for this Part or on CASA’s website: www.casa.gov.au.

 (2) CASA may refuse to accept a notice that is not legible.

47.050  Accuracy of information in Register

 (1) CASA must give, to an aircraft registration holder, a copy of the information in the Australian Civil Aircraft Register that relates to the holder and the aircraft.

 (2) CASA must give the copy of the information within 28 days after:

 (a) the end of 3 years after the day on which:

 (i) an aircraft is registered; or

 (ii) if the aircraft’s certificate of registration is transferredthe certificate is transferred; and

 (b) the end of each period of 3 years after that day.

 (3) Within 28 days after the day when the registration holder is given the copy of the information, the holder must:

 (a) if necessary, correct the information on the copy about the aircraft and the holder; and

 (b) return the copy to CASA.

Maximum penalty: 10 penalty units.

 (4) An offence against subregulation (3) is an offence of strict liability.

 (5) Information given to CASA for subregulation (3) must not be used as evidence of an offence against regulation 47.115.

 (6) This regulation is not intended to limit the operation of regulations 47.035 and 47.040.

47.055  Entries in Register etc not conclusive evidence of title to aircraft

 (1) An entry in the Australian Civil Aircraft Register in relation to an aircraft is not conclusive evidence of the existence of a legal or beneficial property interest in the aircraft.

 (2) A certificate of registration for an aircraft is not conclusive evidence of the existence of a legal or beneficial property interest in the aircraft.

Subpart 47.CRegistration of aircraft

 

47.060  Applying for registration of unregistered aircraft

 (1) An application to register an unregistered aircraft may be made by the owner or a person who is acting on behalf of, and at the direction or request of, the owner.

 (2) The application must be made:

 (a) in writing; or

 (b) orally (by telephone or in person).

Note: An oral application must be confirmed in writing in accordance with regulation 47.070. If an oral application is not confirmed in writing in accordance with that regulation, the registration lapses: see regulation 47.130.

 (3) An application for registration made in writing must:

 (a) be made in an approved form; and

 (b) include the information set out in regulation 47.065; and

 (c) be signed by the person making the application.

 (4) An application for registration made in writing must also include a declaration, signed by the person making the application:

 (a) that the aircraft will be used as an aircraft; and

 (b) if the aircraft has not been registered beforethat the aircraft has never been registered; and

 (c) if the aircraft has been registered before (whether in Australia or not)that the aircraft is not, at the time of the application, registered on a foreign civil aircraft register.

47.065  Information required for registrationgeneral

  For paragraph 47.060(3)(b), and subject to regulation 47.075, the following information must be included in an application for registration of an aircraft:

 (a) the owner’s name and address;

 (aa) if the aircraft is owned by more than 1 personthe name and signature of the owner who is appointed to act on behalf of the owners; and

 (b) if the application is made by a person on behalf of the ownerthe name and address of the person making the application;

 (c) if the owner proposes to appoint another person as the registered operator of the aircraftthe registered operator’s name and postal address, and:

 (i) if the registered operator is an individualhis or her home address; or

 (ii) if the registered operator is a corporationthe corporation’s registered address;

 (d) for an aircraft that has a type certificate, type acceptance certificate or provisional type certificate:

 (i) the number of the certificate (if applicable); and

 (ii) the production certificate number (if applicable); and

 (iii) the manufacturer, and the country and year of manufacture, of the aircraft; and

 (iv) the aircraft model; and

 (v) the aircraft serial number;

Note: For paragraph (d), the aircraft’s manufacturer, model and serial number are those set out on the aircraft’s data plate.

 (e) for an aircraft to which paragraph (d) does not applythe following:

 (i) the aircraft manufacturer (if applicable);

 (ii) the aircraft builder (if applicable);

 (iii) whether the aircraft is a manned free balloon, an airship, a glider, a powerdriven aeroplane, a rotorcraft or an ornithopter;

 (iv) the country and year of manufacture of the aircraft;

 (v) the aircraft model;

 (vi) the aircraft serial number;

 (vii) if the aircraft is powerdriventhe number of engines and whether they are piston, turbopropeller or jet turbine engines;

 (viii) the number of seats including seats for the crew;

 (ix) whether the aircraft is able to be used on land, on water, or on both;

 (f) if a registration mark has been reserved for the aircraft, and the reservation has not lapsedthe registration mark;

 (g) if the aircraft has been imported:

 (i) the name of the country from which the aircraft was imported; and

 (ii) the aircraft’s registration mark, if any, in that country; and

 (iii) evidence, provided by the national aviation authority of that country, that the aircraft is not on the aircraft register of that country.

Note: If the application for registration is an oral application, CASA will ask for the information mentioned in this regulation during the oral application.

47.070  Confirmation of oral application

 (1) A person who has applied orally for the registration of an aircraft must give to CASA a written confirmation of the application.

 (2) The confirmation:

 (a) must be in an approved form; and

 (b) must include the information required by regulation 47.065; and

 (c) must be received by CASA within 14 days after the day on which the oral application was made.

47.075  CASA may ask for further information

 (1) If CASA reasonably requires further information to enable it to consider an application for the registration of an aircraft, CASA may ask the applicant, in writing, to give CASA the information.

 (2) CASA must describe the information in the request.

 (3) CASA may refuse to consider, or cease considering, the application until the applicant complies with the request.

47.080  Registration of aircraft

 (1) CASA must register an aircraft if the application for the registration of the aircraft is made in accordance with regulation 47.060.

 (1A) However, if:

 (a) the aircraft has been registered before (the old registration); and

 (b) the old registration was cancelled; and

 (c) the aircraft was subject to an IDERA at the time of the cancellation;

CASA must not register the aircraft unless subregulation (1B) or (1C) applies to the aircraft.

 (1B) This subregulation applies to the aircraft if:

 (a) the old registration was cancelled at the request of:

 (i) the authorised party under the IDERA; or

 (ii) if the aircraft was subject to a CDCL at the time of the cancellation—the certified designee under the CDCL; or

 (b) CASA is satisfied, on the basis of written evidence provided by the person who has applied for the registration of the aircraft, that the authorised party under the IDERA, or the certified designee under the CDCL, as the case may be, has consented to CASA registering the aircraft.

 (1C) This subregulation applies to the aircraft if CASA is satisfied, after reasonable enquiries, that:

 (a) for an aircraft that was subject to a CDCL at the time of the cancellation of the old registration—the certified designee under the CDCL and the authorised party under the IDERA have both ceased to exist; or

 (b) for an aircraft that was not subject to a CDCL at the time of the cancellation of the old registration—the authorised party under the IDERA has ceased to exist.

 (2) If CASA registers an aircraft, CASA must enter the following information about the aircraft in the Australian Civil Aircraft Register:

 (a) the registration mark assigned to the aircraft;

 (b) whether the aircraft is a manned free balloon, an airship, a glider, a powerdriven aeroplane, a rotorcraft or an ornithopter;

 (c) its manufacturer, model and serial number;

 (d) its country and year of manufacture;

 (e) the name and address of the owner;

 (f) the name and address of the registered operator;

 (g) the day on which it was registered.

47.085  Interim certificate of registration

 (1) If CASA registers an aircraft on the basis of an oral application, CASA must:

 (a) issue an interim certificate of registration for the aircraft; and

 (b) tell the applicant:

 (i) the time and date from which the interim registration is in force; and

 (ii) a unique number that identifies the registration.

Note 1: An interim certificate includes the information set out in paragraph 47.080(2)(a) and the applicable provisions in paragraphs 47.080(2)(c) to (g).

Note 2: If the oral application is not confirmed in accordance with regulation 47.070, the registration of the aircraft lapses: see regulation 47.130.

 (2) If CASA registers an aircraft on the basis of an oral application, the aircraft registration holder must not allow the aircraft to be taken outside Australia before CASA issues the certificate of registration for the aircraft.

Maximum penalty: 50 penalty units.

Note: An interim certificate of registration is not covered by the provisions of Annex 7 to the Chicago Convention, so is only valid for flights within Australia.

 (3) An offence against subregulation (2) is an offence of strict liability.

 (4) An interim certificate of registration for an aircraft ceases to be in force on the earlier of the following:

 (a) the day that CASA gives the certificate of registration to the aircraft’s registration holder;

 (b) 14 days after the day on which CASA registered the aircraft on the basis of an oral application.

47.090  Issue of certificate of registration

  If CASA:

 (a) registers an aircraft because it has received a written application; or

 (b) receives confirmation of an oral application for the registration of an aircraft;

CASA must give a certificate of registration for the aircraft to the aircraft’s owner (the registration holder).

Note: The certificate of registration replaces any interim certificate of registration issued under regulation 47.085.

47.095  Period of registration

  The registration of an aircraft has effect unless, in accordance with these Regulations, it lapses, is suspended or is cancelled.

Subpart 47.DRegistered operator

 

47.100  Identity of registered operator of aircraft

 (1) If the registration holder of an aircraft is an eligible person, the holder is the aircraft’s registered operator.

 (2) However, the registration holder may appoint another eligible person as the registered operator.

 (3) If the registration holder is not an eligible person, the registration holder must appoint an eligible person to be the registered operator.

Note: If the registration holder of an aircraft is not an eligible person, and no eligible person is appointed as the registered operator, CASA must suspend the aircraft’s registration: see regulation 47.131A.

 (4) The appointment of a registered operator has effect unless the appointment is cancelled or otherwise ceases to have effect.

Note: Regulation 202.222 provides that a reference in CAR to the holder of a certificate of registration of an aircraft is taken to be a reference to the registered operator of the aircraft. Under CAR, the holder of the certificate of registration is responsible for the maintenance and continuing airworthiness of the aircraft.

 (4A) Subject to this regulation, the appointment of a registered operator of an aircraft may be cancelled by:

 (a) the registration holder of the aircraft; or

 (b) the registered operator.

 (5) If the registration holder of an aircraft:

 (a) appoints a person as the aircraft’s registered operator; or

 (b) cancels the appointment of a person as the aircraft’s registered operator;

the registration holder must, within 14 days after the appointment or cancellation, give CASA a notice in an approved form, including the aircraft’s registration mark, manufacturer, model and serial number.

 (5AA) If a person cancels the appointment of the person as an aircraft’s registered operator as referred to in paragraph (4A)(b), the person must, within 14 days after the cancellation, give CASA a notice in an approved form, including the aircraft’s registration mark, manufacturer, model and serial number.

 (5A) A person commits an offence of strict liability if the person fails to comply with a requirement under subregulation (5) or (5AA).

Penalty: 10 penalty units.

 (5B) If CASA finds out, other than by a notice given in accordance with subregulation (5), that the appointment of the registered operator of an aircraft has ceased to have effect, CASA must, within 5 business days, inform the aircraft’s registration holder in writing.

 (6) A notice of the appointment of a registered operator must also include:

 (a) the registered operator’s name and postal address, and:

 (i) if the registered operator is an individualhis or her home address; or

 (ii) if the registered operator is a corporationthe address of the corporation’s registered office; and

 (b) the date of the appointment of the registered operator; and

 (c) evidence that the registered operator accepts the appointment.

 (7) A notice of the cancellation of the appointment of a registered operator given under subregulation (5) or (5AA) must include the date of the cancellation.

Note: If the appointment of the registered operator is cancelled and another registered operator is not appointed, the registration holder becomes the aircraft’s registered operator. However, if the registration holder is not an eligible person, CASA must suspend the aircraft’s registration: see regulation 47.131A.

 (8) If CASA receives a notice that complies with this regulation, CASA must:

 (a) amend the Australian Civil Aircraft Register to show the name and address of the new registered operator; and

 (b) in writing, notify the registration holder and the new registered operator about the amendment of the Register.

Subpart 47.ETransfer of ownership of aircraft

 

47.105  Meaning of former owner and new owner

  For this Subpart, if the ownership of an aircraft is transferred, the transferor is the former owner and the transferee is the new owner.

47.110  Transfer of ownership

 (1) In this regulation, transfer notice means a notice in an approved form that relates to the transfer of ownership of an aircraft and:

 (a) shows:

 (i) the aircraft’s registration mark, manufacturer, model and serial number; and

 (ii) the date of the transfer; and

 (iii) the former owner’s name and address; and

 (iv) the new owner’s name and address; and

 (b) either:

 (i) is signed by the former owner; or

 (ii) is signed by a person acting on behalf of, and at the direction or request of, the former owner.

 (2) If a transfer notice is signed by a person acting on behalf of the former owner, it must include evidence of the person’s authority to do so.

 (3) This regulation sets out how, if the ownership of an aircraft is transferred, the new owner becomes the aircraft’s registration holder.

 (4) In accordance with the timetable mentioned in subregulation (4A), the former owner, or a person acting on behalf of the former owner, must:

 (a) give CASA a transfer notice; and

 (b) give the new owner:

 (i) a copy of the transfer notice; and

 (ii) the aircraft’s certificate of registration.

 (4A) The documents mentioned in subregulation (4) must be given to CASA and the new owner:

 (a) as soon as practicable after the transfer; and

 (b) in any case, within 14 days after the transfer.

 (5) Within 28 days after the transfer, the new owner must apply to become the registration holder.

Note: If the aircraft’s new owner does not apply to be the new registration holder within 28 days after the day of the transfer, CASA must suspend the aircraft’s registration: see regulation 47.131.

 (6) An application must:

 (a) be in an approved form; and

 (c) either:

 (i) be signed by the new owner; or

 (ii) if the application is made by a person on behalf of the new ownerinclude the name, address and signature of the person making the application.

 (7) CASA must, if it receives a transfer notice and an application that complies with subregulation (6):

 (a) amend the Australian Civil Aircraft Register to show the new owner as the registration holder; and

 (b) give a certificate of registration to the new owner.

Note 1: The new owner, as the registration holder, is also the registered operator of the aircraft unless the new owner appoints another person as the registered operator: see regulation 47.100.

Note 2: If the new owner is not an eligible person, the new owner must appoint an eligible person as the registered operator: see subregulation 47.100(3).

 (8) Subregulation (7) has effect subject to subregulation (9).

 (9) CASA must not take any action under subregulation (7) in relation to an aircraft unless CASA is satisfied, on the basis of written evidence provided by the former owner, that:

 (a) in the case of an aircraft that is subject to an IDERA, and is not subject to a CDCL—the authorised party under the IDERA has consented to the action being taken; or

 (b) in the case of an aircraft that is subject to a CDCL—the certified designee under the CDCL has consented to the action being taken.

Subpart 47.FAdministration of Australian Civil Aircraft Register

 

47.115  Notice of error in information in Register

  If an aircraft registration holder finds out that anything in the Australian Civil Aircraft Register in relation to the aircraft is no longer correct, the holder must tell CASA in writing, within 14 days after finding out, about the change that should be made.

Maximum penalty: 10 penalty units.

47.130  Lapsing of registration

  If the aircraft was registered following an oral application, the registration lapses if:

 (a) CASA does not receive a written confirmation of the application in accordance with regulation 47.070; or

 (b) within 14 days after the day the oral application was made, CASA has not received a written confirmation that includes all the information mentioned in regulation 47.065; or

 (c) CASA receives a document purporting to be a written confirmation that includes information that differs in a significant way from the corresponding information given orally to CASA.

47.131  Suspension and cancellation of registration following a transfer of ownership

 (1) This regulation applies if:

 (a) the ownership of an aircraft is transferred; and

 (b) the new owner does not, within 28 days after the day of the transfer, make an application that complies with subregulation 47.110(6) to be the aircraft’s registration holder.

 (2) CASA must, by written notice given to the new owner, suspend the aircraft’s registration.

 (3) The suspension remains in force until the firstoccurring of the following:

 (a) CASA issues a new certificate of registration to the new owner;

 (b) CASA cancels the registration.

 (4) If the new owner does not, within 3 months after the day the aircraft’s registration was suspended, make an application that complies with subregulation 47.110(6) to be the aircraft’s registration holder, CASA must, by written notice given to the new owner, cancel the registration.

47.131A  Suspension and cancellation of registration if registered operator is not an eligible person

 (1) If CASA becomes aware that the registered operator of an aircraft is not an eligible person, CASA must, by written notice given to the registration holder of the aircraft, suspend the aircraft’s registration.

Note: Subregulation (1) will not apply if the registration holder of the aircraft is an eligible person: see subregulation 47.100(1).

 (2) The suspension:

 (a) takes effect on the day the notice is given to the registration holder; and

 (b) ends at the earlier of the following times:

 (i) when the Australian Civil Aircraft Register is amended, in accordance with subregulation 47.100(8), to show the name and address of a new registered operator;

 (ii) when CASA cancels the registration.

 (3) If the registration holder does not, within 3 months after the day the aircraft’s registration was suspended under this regulation, give a notice under subregulation 47.100(5) appointing an eligible person as the aircraft’s registered operator, CASA must, by written notice given to the registration holder, cancel the registration.

 (4) The cancellation takes effect on the day the notice is given to the registration holder.

47.131B  Cancellation of registration at holder’s request—limitations

  CASA must not cancel, under Subpart 11.D, the registration of an aircraft if:

 (a) in the case of an aircraft that is subject to an IDERA, and is not subject to a CDCL—the person who requests the cancellation is not the authorised party under the IDERA; or

 (b) in the case of an aircraft that is subject to a CDCL—the person who requests the cancellation is not the certified designee under the CDCL.

47.132  Cancellation of registration on other grounds

 (1) CASA must, by written notice given to the registration holder of an aircraft, cancel the registration of the aircraft if CASA becomes aware that the aircraft:

 (a) is registered under the law of another country; or

 (b) is no longer to be used as an aircraft; or

 (c) has been stolen or destroyed.

 (2) CASA may, by written notice given to the registration holder of an aircraft, cancel the registration of the aircraft if the registration holder does not comply with a request under subregulation 47.040(1).

 (3) CASA must, by written notice given to the registration holder of an aircraft, cancel the registration of the aircraft if CASA is required, under the International Interests in Mobile Equipment (Cape Town Convention) Rules 2014, to deregister the aircraft.

 (4) A cancellation under this regulation takes effect on the day the notice is given to the registration holder.

Subpart 47.GReservation, assignment and change of registration marks

 

47.140  Meaning of aircraft for Subpart 47.G

  In this Subpart:

aircraft includes an aircraft that:

 (a) has not yet been built; or

 (b) is being built.

47.145  Reservation of registration mark

 (1) The owner of an aircraft may ask CASA, in writing, to reserve a particular registration mark for the aircraft, whether or not the aircraft is registered.

 (2) The request must be in an approved form and identify the aircraft.

 (3) On receiving a request, CASA must reserve the registration mark for the aircraft unless, under regulation 47.155, the mark must not be reserved for an aircraft.

Note: About registration marks generally: see Part 45.

 (4) The reservation lapses if, 12 months after the day on which the registration mark was reserved, the aircraft is not registered and using the reserved mark.

 (5) In subregulation (1), owner includes a person acting on behalf of, and at the direction or request of, the owner.

47.150  Assignment of registration mark

  If a person applies for the registration of an aircraft, and:

 (a) CASA has not reserved a registration mark for the aircraft under regulation 47.145; or

 (b) the reservation of a registration mark for the aircraft has lapsed;

CASA must assign a registration mark to the aircraft before registering the aircraft.

47.155  Marks that must not be reserved or assigned

  The following registration marks must not be reserved for, or assigned to, an aircraft:

 (a) the registration mark of an Australian aircraft;

 (b) a registration mark that has been reserved for an aircraft under regulation 47.145;

 (c) a mark that has been assigned to a dealer;

 (d) a mark that might be confused with any 5letter combination used in Part II of the International Code of Signals;

 (e) a mark that might be confused with any 3letter combination beginning with Q used in the Q Code;

 (f) a mark that might be confused with the distress signal SOS;

 (g) a mark that might be confused with an urgency or safety signal.

Examples: Of urgency or safety signals

 XXX, PAN and TTT.

47.160  Assigning reserved registration mark to unregistered aircraft

  If the owner of an unregistered aircraft:

 (a) reserves a registration mark for the aircraft; and

 (b) makes an application that complies with regulation 47.060 for registration of the aircraft;

CASA must, when it registers the aircraft, give the applicant a certificate of registration showing the reserved mark.

47.165  Change of registration mark

 (1) If the registration holder of a registered aircraft has reserved a registration mark (the reserved mark) for the aircraft:

 (a) the holder; or

 (b) if the registered operator has the written consent of the registration holderthe registered operator;

may apply to CASA to change the aircraft’s existing mark to the reserved mark.

 (2) The application must:

 (a) be received by CASA at least 14 days before the day on which the existing mark is proposed to be changed; and

 (b) be in an approved form and include the following:

 (i) the aircraft’s existing mark;

 (ii) the aircraft’s manufacturer, model and serial number;

 (iii) the reserved mark;

 (iv) the date on which the existing mark is proposed to be changed;

 (v) if the application is made by a person on behalf of the registration holder or registered operatorthe name and address of the person making the application.

 (3) If CASA approves the application, CASA must:

 (a) as soon as practicable, notify the applicant, in writing, of the approval; and

 (b) on the date specified in the application in accordance with subparagraph (2)(b)(iv), amend the Australian Civil Aircraft Register to show the reserved mark as the registration mark assigned to the aircraft; and

 (c) as soon as practicable after making the amendment, give the applicant a certificate of registration showing the reserved mark.

 (4) The change of registration mark takes effect on the day the Australian Civil Aircraft Register is amended.

Subpart 47.HDealer’s marks

 

47.170  Definitions for Subpart 47.H

  In this Subpart:

aircraft dealer includes a manufacturer or distributor of aircraft.

dealer’s plate means a plate made by an aircraft dealer under regulation 47.205.

47.175  Assignment of dealer’s marks

 (1) This regulation sets out the way in which an aircraft dealer may be assigned 1 or more marks for use on aircraft manufactured, or being distributed or dealt with, by the dealer.

 (2) An aircraft dealer may apply to be assigned a mark only if the dealer is an eligible person.

 (3) The application must be made in an approved form and must include:

 (a) the dealer’s name and address; and

 (b) a declaration that the dealer is an eligible person; and

 (c) evidence that the dealer is engaged in the manufacture, sales or distribution of aircraft in Australia; and

 (d) a request for a particular number of marks and a statement explaining why the dealer needs that number of marks; and

 (e) if the application is made by a person on behalf of the dealerthe name and address of the person making the application.

 (4) If the application complies with subregulation (3), CASA must assign to the dealer:

 (a) the number of marks requested by the dealer; or

 (b) if CASA thinks that the dealer has applied for more marks than is reasonably required to undertake the dealer’s businessa lesser number of marks.

47.180  What marks may be assigned to dealers

  A mark that is assigned to an aircraft dealer must be a mark that could be assigned to an aircraft as a registration mark.

47.185  Record of dealer’s marks

 (1) CASA must keep a record of dealer’s marks that have been assigned to aircraft dealers.

 (2) The information in the record must include:

 (a) the mark; and

 (b) the aircraft dealer’s name and address.

47.190  How long assignment to dealer remains in effect

  The assignment of a dealer’s mark to an aircraft dealer has effect unless CASA revokes the assignment.

Note: For revocation of the assignment of a dealer’s mark: see regulation 47.225.

47.195  Certificate of assignment of dealer’s mark

 (1) If CASA assigns a dealer’s mark to an aircraft dealer, CASA must give to the dealer a certificate stating that the mark is assigned to the dealer.

 (2) Each such certificate must be for 1 dealer’s mark only.

47.205  Dealer’s plate

 (1) If CASA assigns a dealer’s mark to an aircraft dealer, the dealer may make 1 dealer’s plate bearing that mark.

 (2) The plate must:

 (a) be a piece of stainless steel (or similar fireproof material) at least 100 mm by 160 mm and at least 1 mm thick; and

 (b) be engraved with the following in sans serif capital letters:

 (i) ‘VH’ and the mark in letters at least 25 mm high;

 (ii) ‘CIVIL AVIATION SAFETY AUTHORITY’ and ‘DEALER’S PLATE CASR 1998’ in letters at least 8 mm high;

  set out as shown in the following diagram, in which the letters ‘ABC’ represent the mark:

 

 

 

 

 

 

 

 

 

47.210  Use of dealer’s marks

 (1) An aircraft dealer to whom a dealer’s mark is assigned must use the mark only on an aircraft that:

 (a) is not currently registered in any country; and

 (b) was manufactured, or is being distributed or dealt with, by the dealer.

Maximum penalty: 10 penalty units.

 (2) If title to, or possession of, an unregistered aircraft on which a dealer’s mark is being used passes to another person, the dealer must ensure that the plate is removed from the aircraft before the other person operates the aircraft.

Maximum penalty: 30 penalty units.

 (3) The aircraft dealer must keep records showing:

 (a) the manufacturer, model and serial number of each aircraft on which the mark was used; and

 (b) the periods during which it was used on that aircraft.

Maximum penalty: 10 penalty units.

 (4) The aircraft dealer must keep the records for 12 months after the end of the period during which the mark was used on an aircraft.

Maximum penalty: 10 penalty units.

 (5) An offence against subregulation (1), (2), (3) or (4) is an offence of strict liability.

47.215  Aircraft taken to be registered

  An unregistered aircraft on which a dealer’s mark is being used is taken to be registered during any period in which it is being operated in Australia if:

 (a) the aircraft carries the corresponding dealer’s plate; and

 (b) the possession of the aircraft remains with the dealer.

Note: Flying an unregistered aircraft may be an offence: see subsection 20AA(1) of the Act.

47.220  Annual report to CASA on aircraft using dealer’s marks

 (1) An aircraft dealer to whom a dealer’s mark has been assigned must, within 1 month after the end of each reporting period, give CASA a report showing the manufacturer, model and serial number of each aircraft on which the mark was used during that period.

Maximum penalty: 30 penalty units.

 (2) An offence against subregulation (1) is an offence of strict liability.

 (3) In subregulation (1):

reporting period means:

 (a) the period of 12 months beginning on the day on which the mark was assigned to the dealer; or

 (b) each consecutive period of 12 months at the end of which the mark is still assigned to the dealer; or

 (c) a period of less than 12 months beginning on the day on which the mark was assigned to the dealer, or an anniversary of that day, and ending on the day on which the assignment of the mark is revoked or otherwise ceases.

47.225  Revocation of assignment of dealer’s mark etc

 (1) CASA must revoke the assignment of a dealer’s mark to a person if the person:

 (b) ceases to be an aircraft dealer, or an eligible person; or

 (c) fails to comply with this Subpart.

 (2) If CASA revokes such an assignment, it must tell the person in writing that it has done so.

 (3) The person must return the certificate of assignment of the mark to CASA within 14 days after receiving the notice of the revocation.

Maximum penalty: 10 penalty units.

 (4) An offence against subregulation (3) is an offence of strict liability.

Part 60Synthetic training devices

 

Table of contents

Subpart 60.APreliminary

60.005 Applicability

60.010 Definitions for Part 60

Subpart 60.BFlight simulators and flight training devices

60.015 Definitions for Subpart 60.B

60.020 Qualification levels

60.025 Application for flight simulator qualification or flight training device qualification

60.030 Initial evaluation and qualification

60.035 Issue of flight simulator qualification certificate or flight training device qualification certificate

60.040 Period of validity of flight simulator qualification or flight training device qualification

60.045 Recurrent evaluation of qualified flight simulator or qualified flight training device

60.050 Variation, cancellation or suspension of flight simulator qualification or flight training device qualification

60.055 Flight simulator and flight training device approvals—persons other than Part 141 operators and Part 142 operators

60.060 Quality system—operators other than Part 141 operators and Part 142 operators

60.065 Ongoing fidelity requirements

60.070 Modification of qualified flight simulator or qualified flight training devices

60.075 Change in qualification level of qualified flight simulator or qualified flight training device

60.080 Deactivation, relocation or reactivation of qualified flight simulator or qualified flight training device

60.085 Change of operator of qualified flight simulator or qualified flight training device

60.090 Evaluation teams

60.095 Records

Subpart 60.CBasic instrument flight trainers

Subpart 60.APreliminary

 

60.005  Applicability

  This Part applies to synthetic training devices that may be used by a person to gain aeronautical experience.

60.010  Definitions for Part 60

  In this Part:

Manual of Standards means the document called ‘Manual of Standards (MOS) – Part 60’ published by CASA, as in force from time to time.

master QTG, for a synthetic training device, means the QTG approved for the device under this Part.

QTG (or qualification test guide), for a synthetic training device, means a document that:

 (a) shows that:

 (i) the performance and handling qualities of the synthetic training device agree, within the limits set out in the Manual of Standards, with those of the aircraft to which it relates; and

 (ii) all applicable requirements in these Regulations have been met; and

 (b) includes the following information that relates to the matters mentioned in paragraph (a):

 (i) data relating to the performance and handling qualities of the aircraft and synthetic training device;

 (ii) the validation tests, and all functions and subjective tests for the device.

user, of a flight simulator or flight training device, means the person who uses the simulator or device in a training, testing or checking program.

Subpart 60.BFlight simulators and flight training devices

 

60.015  Definitions for Subpart 60.B

  In this Subpart:

flight simulator qualification, for a flight simulator, means a qualification of the flight simulator under regulation 60.030.

flight simulator qualification certificate, means a certificate issued under regulation 60.035 for a qualified flight simulator.

flight training device qualification, for a flight training device, means a qualification of the flight training device under regulation 60.030.

flight training device qualification certificate, means a certificate issued under regulation 60.035 for a qualified flight training device.

operator, of a flight simulator or flight training device, means the person who is responsible for the maintenance and operation of the simulator or device.

qualification level, for a flight simulator or flight training device, has the meaning given by regulation 60.020.

60.020  Qualification levels

 (1) The qualification level of a flight simulator is the level mentioned in column 2 of an item in table 60.0201 met by the simulator, determined in accordance with the standards in the Manual of Standards.

Table 60.0201 Flight simulator qualification levels

 

Item

Levels

1

Level A

2

Level B

3

Level C

4

Level D

 (2) The qualification level of a flight training device is the level mentioned in column 2 of an item in table 60.0202 met by the device, determined in accordance with the standards in the Manual of Standards.

Table 60.0202 Flight training device qualification levels

 

Item

Levels

1

FAA Level 4

2

FAA Level 5

3

FAA Level 6

4

FAA Level 7

5

EASA Level 1

6

EASA Level 2

7

EASA Level 3

60.025  Application for flight simulator qualification or flight training device qualification

 (1) The operator of a flight simulator or flight training device may apply to CASA, in writing, for qualification of the simulator or device.

Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulationssee regulation 11.030.

Note 2: Part 11 deals with applications and decision making.

 (2) An application must include:

 (a) a QTG for the simulator or device; and

 (b) a document describing the quality system that the operator proposes to use to satisfy regulation 60.060.

Note: For further guidance see Advisory Circulars 601, 603 and 604.

60.030  Initial evaluation and qualification

 (1) If CASA receives an application for the qualification of a flight simulator or flight training device, CASA must conduct an evaluation (an initial evaluation) of the simulator or device, including consideration of:

 (a) any inspection or trial of the simulator or device; and

 (b) the data provided in the QTG; and

 (c) information available from any test conducted during the initial evaluation.

Note: CASA may arrange for an evaluation to be conducted by an evaluation team: see regulation 60.090.

 (2) If, after the initial evaluation, CASA is satisfied that:

 (a) the operator’s quality system will be suitable for the simulator or device; and

 (b) the simulator or device meets a qualification level;

CASA must qualify the simulator or device at the qualification level.

Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a) a decision refusing to qualify, or cancelling, suspending or varying, the qualification of, a simulator or device; or

(b) a decision imposing a condition on the qualification of a device.

 (3) CASA may qualify a simulator or device that will simulate a new type of aircraft for which fully validated aircraft data is not available at an interim qualification level that is based on partially validated aircraft data.

 (4) An interim qualification level applies for the period agreed between CASA and the operator of the simulator or device.

 (5) If CASA qualifies a simulator or device, it must at the same time approve the QTG for the simulator or device.

60.035  Issue of flight simulator qualification certificate or flight training device qualification certificate

 (1) CASA must issue a flight simulator qualification certificate to the operator of a flight simulator, or a flight training device qualification certificate to the operator of a flight training device, if CASA qualifies the simulator or device.

 (2) The certificate must include the name of the operator and:

 (a) include information identifying the simulator or device; and

 (b) specify the aircraft that is simulated by the simulator or device; and

 (c) specify the qualification level for the simulator or device.

60.040  Period of validity of flight simulator qualification or flight training device qualification

 (1) A flight simulator qualification or flight training device qualification is in force for:

 (a) 12 months from the date of issue of the flight simulator qualification certificate or flight training device qualification certificate; or

 (b) if a shorter period is specified in the certificatethat period.

 (2) However, a qualification ceases to be in force if:

 (a) it is cancelled by CASA under regulation 60.050; or

 (b) there is a change of operator of the simulator or device; or

 (c) the simulator or device is deactivated or relocated.

 (3) A qualification is not in force for the period of any suspension imposed by CASA under regulation 60.050.

60.045  Recurrent evaluation of qualified flight simulator or qualified flight training device

 (1) The operator of a qualified flight simulator or qualified flight training device may, within 60 days before the expiry of the flight simulator qualification or flight training device qualification, ask CASA, in writing, to conduct an evaluation (a recurrent evaluation) of the simulator or device.

Note: CASA may arrange for an evaluation to be conducted by an evaluation team: see regulation 60.090.

 (2) Subject to subregulation (3), regulations 60.030 and 60.035 apply in respect of a recurrent evaluation in the same way as they apply to the initial evaluation.

 (3) During a recurrent evaluation, a qualified flight simulator or qualified flight training device must be assessed against:

 (a) the qualification level at which the simulator or device was qualified at the initial qualification or accreditation of the simulator or device in Australia; or

 (b) if CASA has changed the qualification level since the initial evaluationthe qualification level as changed.

60.050  Variation, cancellation or suspension of flight simulator qualification or flight training device qualification

 (1) CASA may, by notice in writing to the operator of a qualified flight simulator or qualified flight training device, vary, cancel or suspend the qualification of the simulator or device if:

 (a) the simulator or device no longer meets the qualification level specified in its qualification certificate; or

 (b) the operator has failed to comply with a requirement of this Part in relation to the simulator or device.

 (2) If an operator receives a notice of variation or cancellation under subregulation (1), the operator must return the qualification certificate to CASA within 14 days after receiving the notice.

 (3) If CASA varies a qualification, CASA must reissue the qualification certificate specifying the qualification as varied.

60.055  Flight simulator and flight training device approvals—persons other than Part 141 operators and Part 142 operators

 (1) This regulation applies to a person, other than a Part 141 operator or a Part 142 operator, who proposes to be the user of a qualified flight simulator or a qualified flight training device.

 (1AA) The person must apply to CASA, in writing, for approval to use the simulator or device.

Note 1: See Advisory Circulars 602 and 604.

Note 2: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulationssee regulation 11.030.

Note 3: Part 11 deals with applications and decision making.

 (1A) Subject to regulation 11.055, CASA may grant the approval.

Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a) a decision refusing to grant, or cancelling, suspending or varying, an approval; or

(b) a decision imposing a condition on an approval.

 (2) In considering whether to grant an approval, CASA must take into account:

 (a) the differences between the characteristics of the flight simulator or flight training device and the characteristics of a specific type (or a specific make, model and series) of aircraft, whether or not the user operates such an aircraft; and

 (b) the proposed user’s operating and training competencies.

 (3) CASA may also take into account any other matter that affects the way the simulator or device operates or may be used.

 (5) An approval continues in force unless the applicable flight simulator qualification or flight training device qualification ceases to be in force.

 (6) However, if CASA is satisfied that any matter that was taken into account under subregulation (2) or (3) has changed, CASA may, by notice in writing to the user, vary, suspend or cancel the approval.

60.060  Quality system—operators other than Part 141 operators and Part 142 operators

 (1) This regulation applies to the operator of a qualified flight simulator or a qualified flight training device, other than a Part 141 operator or a Part 142 operator.

 (1A) The operator must establish and maintain a quality system that ensures the correct operation and maintenance of the simulator or device.

 (2) The quality system must cover at least the following matters:

 (a) quality policy;

 (b) management responsibility;

 (c) document control;

 (d) resource allocation;

 (e) quality procedures;

 (f) internal audit.

Note: The quality system may be structured according to the size and complexity of the operator’s organisation, in accordance with the requirements set out in the following documents:

(a) AS/NZS ISO 9001:2000 Quality Management System Requirements;

(b) SQAP:2000 Simulator Quality Assurance Program Standard published by the FAA.

60.065  Ongoing fidelity requirements

 (1) The operator of a qualified flight simulator or qualified flight training device must, progressively during the 12 months after the issue of the applicable flight simulator qualification certificate or flight training device qualification certificate, perform:

 (a) all validation tests mentioned in the master QTG for the simulator or device; and

 (b) all functions and subjective tests within the current (and any planned) training program (or an equivalent sample approved by CASA).

 (2) The operator must establish a configuration management system to ensure the continued integrity of the equipment and software of the simulator or device.

 (3) The operator must maintain an ongoing modification program to ensure that the equipment, software and performance of the simulator or device accurately simulates the aircraft specified in the certificate.

 (4) The operator must notify each user of the simulator or device, before its use, if the simulator or device is unsuitable for any training, testing or checking sequence specified in the certificate.

60.070  Modification of qualified flight simulator or qualified flight training devices

 (1) The operator of a qualified flight simulator or qualified flight training device must notify CASA, in writing, if it proposes to modify the equipment or software of the simulator or device in a way that will change the characteristics of the simulator or device.

 (2) If CASA receives a notice under subregulation (1), CASA may conduct an evaluation (a special evaluation) of the simulator or device as it is proposed to be modified.

 (3) Subject to subregulations (4) and (5), regulations 60.030 and 60.035 apply in respect of a special evaluation in the same way as they apply to the initial evaluation.

 (4) If CASA decides not to conduct a special evaluation:

 (a) the operator may make the proposed modification of the simulator or device; and

 (b) the flight simulator or flight training device qualification continues to be in force.

 (5) During a special evaluation, a simulator or device must be assessed against:

 (a) the qualification level at which the simulator or device was qualified at the initial qualification or accreditation of the simulator or device in Australia; or

 (b) if CASA has changed the qualification level since the initial evaluationthe qualification level as changed.

Note: CASA may arrange for an evaluation to be conducted by an evaluation team: see regulation 60.090.

 (6) This regulation does not apply to the modification of a device for the purpose of a change in the qualification level of the simulator or device.

60.075  Change in qualification level of qualified flight simulator or qualified flight training device

 (1) The operator of a qualified flight simulator or qualified flight training device may ask CASA, in writing, to change the qualification level of the simulator or device.

Note: For further guidance about qualification levels see the Manual of Standards.

 (2) If CASA receives a request under subregulation (1), it must conduct a special evaluation of the simulator or device, applying the standards in the Manual of Standards.

Note: CASA may arrange for an evaluation to be conducted by an evaluation team: see regulation 60.090.

 (3) If CASA changes the qualification level, it must:

 (a) approve any resulting amendments to the master QTG of the simulator or device; and

 (b) issue a revised flight simulator qualification certificate or flight training device qualification certificate.

60.080  Deactivation, relocation or reactivation of qualified flight simulator or qualified flight training device

 (1) The operator of a qualified flight simulator or qualified flight training device must notify CASA, in writing, if the simulator or device is deactivated.

 (2) An operator must notify CASA, in writing, before the operator reactivates or relocates a simulator or device, and CASA may then conduct a special evaluation of the simulator or device.

Note 1: A flight simulator qualification or flight training device qualification ceases to be in force if the simulator or device is deactivated or relocated: see paragraph 60.040(2)(c).

Note 2: CASA may arrange for an evaluation to be conducted by an evaluation team: see regulation 60.090.

 (3) During a special evaluation, a flight simulator or flight training device must be assessed against:

 (a) the qualification level at which the simulator or device was qualified at the initial qualification or accreditation of the simulator or device in Australia; or

 (b) if CASA has changed the qualification level since the initial evaluationthe qualification level as changed.

60.085  Change of operator of qualified flight simulator or qualified flight training device

 (1) The operator of a qualified flight simulator or qualified flight training device must notify CASA, in writing, of any proposed change of operator of the simulator or device.

 (2) If there is a change of operator of a simulator or device:

 (a) the former operator must give to the new operator the records mentioned in regulation 60.095 that apply to the simulator or device; and

 (b) the new operator may apply to CASA, in writing, for qualification of the simulator or device.

 (3) An application under paragraph (2)(b) must be accompanied by a plan of transfer setting out in detail how the new operator will comply with the requirements of this Subpart.

 (4) If CASA is satisfied that the new operator is able to comply with the requirements of this Subpart, CASA must:

 (a) approve the plan; and

 (b) issue a new flight simulator qualification certificate or flight training device qualification certificate.

Note: A flight simulator qualification or flight training device qualification ceases to be in force if there is a change of operator: see paragraph 60.040(2)(b).

60.090  Evaluation teams

  CASA may:

 (a) arrange for an evaluation mentioned in this Subpart to be conducted by an evaluation team; and

 (b) appoint a person to be an evaluation team leader, having regard to the skills, qualifications and experience necessary to undertake the evaluation.

Note: See Advisory Circulars 601 and 604.

60.095  Records

 (1) The operator of a qualified flight simulator or qualified flight training device must keep the following records relating to the simulator or device for at least 3 years after the simulator or device is decommissioned:

 (a) the master QTG;

 (b) modification records;

 (c) quality system records.

 (2) The operator must also keep the results of each test carried out under subregulation 60.065(1) for the simulator or device for at least 3 years after the test.

 (3) If there is a change of operator of a simulator or device, the new operator must keep the records and test results relating to the simulator or device that were kept by the former operator.

Subpart 60.CBasic instrument flight trainers

Note: This Subpart heading is reserved for future use.

 

Part 61Flight crew licensing

 

Table of contents

Subpart 61.APreliminary

Division 61.A.1General

61.005 What Part 61 is about

61.007 Application of Part 61

61.010 Definitions for Part 61

61.015 Definition of category of aircraft for Part 61

61.020 Definition of class of aircraft for Part 61

61.025 Definition of aeroplane for Part 61

61.035 Issue of Manual of Standards for Part 61

61.040 Approvals by CASA for Part 61

61.045 Prescription of qualification standards for flight simulation training devices

61.047 Prescription of recognised foreign States

61.050 Prescription of multiengine aeroplanes included in singleengine aeroplane class

61.055 Prescription of type ratings and variants—multicrew aircraft

61.060 Prescription of type ratings—singlepilot aircraft

61.061 Prescription of typerated aircraft—flight review requirements for class ratings

61.062 Prescription of types of aircraft for additional limitations on class ratings

61.063 Prescription of types of single engine helicopters for flight reviews

61.065 Conduct of unauthorised activities—holders of flight crew licences

Division 61.A.2Flight time and other aeronautical experience

61.070 Flight to which Division 61.A.2 applies

61.075 Definition of aeronautical experience for Part 61

61.080 Definition of flight time as pilot for Part 61

61.085 Definition of flight time as copilot for Part 61

61.090 Definition of flight time as pilot in command for Part 61

61.095 Definition of flight time as pilot in command under supervision for Part 61

61.100 Definition of flight time as flight engineer for Part 61

61.105 Definition of instrument flight time for Part 61

61.110 Definition of instrument ground time for Part 61

Division 61.A.3Performing flight crew duties without licence, rating or endorsement

Subdivision 61.A.3.1Student pilots

61.112 Flying as a student pilot

61.113 General requirements for student pilots

61.114 Solo flights—medical requirements for student pilots

61.115 Solo flights—recent experience requirements for student pilots

61.116 Student pilots authorised to taxi aircraft

61.117 Identity checks—student pilots

61.118 Production of medical certificates etc. and identification—student pilots

Subdivision 61.A.3.2Other circumstances in which flight crew duties may be performed without licence, rating or endorsement

61.119 Flying without licence—flight engineer duties

61.120 Operation of aircraft radio without licence

61.125 Conducting flight activities without rating or endorsement

61.126 Conducting flight activities without having met proficiency check or flight review

61.130 Operation of helicopter using auto flight control system without licence or rating

61.135 Authorisation to conduct flight training or flight test without holding type rating

61.140 Authorisation to test aircraft without holding type rating

61.145 Piloting glider without holding glider pilot licence

Subpart 61.BGrant of flight crew licences, ratings and endorsements

Division 61.B.1General

61.150 People who may grant flight crew licences, ratings and endorsements

61.155 Applications for flight crew licences, ratings and endorsements

61.160 Grant of flight crew licences

61.165 Grant of flight crew ratings

61.170 Grant of flight crew endorsements

61.175 How CASA issues flight crew licences, ratings and endorsements

61.180 How examiner, instructor or approval holder issues rating or endorsement

61.185 New licence document if licence, rating or endorsement cancelled

61.190 Licence holder to comply with limitations and requirements of Part 61

Division 61.B.2Flight training and other training

61.195 Flight training requirements

61.200 Differences training requirements

61.205 When training must not be conducted in aircraft

61.210 Other approved courses of training or professional development

Division 61.B.3Aeronautical knowledge examinations

61.215 Aeronautical knowledge examinations—general

61.220 Aeronautical knowledge examinations—air transport pilot licence

61.225 Aeronautical knowledge examinations—pass standards

61.230 Aeronautical knowledge examinations—knowledge deficiency reports

Division 61.B.4Flight tests

61.235 Flight tests for flight crew licences and ratings—prerequisites

61.240 Consequences of taking flight test when ineligible

61.245 Conduct of flight tests for flight crew licences, ratings and endorsements

61.250 Pass standards for flight tests

Division 61.B.5English language proficiency

61.255 Aviation English language proficiency assessments

61.260 Duration of English language proficiency assessments

61.265 Recreational pilot licences—general English language proficiency

61.270 Approval of language proficiency assessors

Division 61.B.6Recognition of overseas flight crew authorisations

61.275 Overseas flight crew authorisations—recognition

61.280 Grant of flight crew licences, ratings or endorsements under bilateral agreements

Division 61.B.7Recognition of Australian Defence Force qualifications

61.285 Australian Defence Force qualifications—recognition

Subpart 61.CCertificates of validation

61.290 Grant of certificates of validation

61.295 Privileges of certificates of validation

61.300 Limitations on exercise of privileges of certificates of validation—medical certificate

61.305 Limitations on exercise of privileges of certificates of validation—recent experience, flight review and proficiency check

61.310 Limitations on exercise of privileges of certificates of validation—carriage of documents

61.315 Conduct of unauthorised activities by holders of certificates of validation

61.320 Certificates of validation—period of validity

61.325 Certificates of validation—renewal

Subpart 61.DGeneral obligations of flight crew licence holders

61.335 Identity checks

61.336 Provision of photograph

61.340 Production of licence documents, medical certificates and identification

61.345 Personal logbooks—pilots

61.350 Personal logbooks—flight engineers

61.355 Retention of personal logbooks

61.360 False entries in personal logbooks

61.365 Production of personal logbooks

Subpart 61.EPilot licensing—general limitations and authorisations

Division 61.E.1General limitations on exercise of pilot licence privileges

61.375 Limitations on exercise of privileges of pilot licences—ratings

61.380 Limitations on exercise of privileges of pilot licences—flight activity and design feature endorsements

61.385 Limitations on exercise of privileges of pilot licences—general competency requirement

61.390 Limitations on exercise of privileges of pilot licences—operating requirements and limitations

61.395 Limitations on exercise of privileges of pilot licences—recent experience for certain passenger flight activities

61.400 Limitations on exercise of privileges of pilot licences—flight review

61.405 Limitations on exercise of privileges of pilot licences—medical requirements—recreational pilot licence holders

61.410 Limitations on exercise of privileges of pilot licences—medical certificates: private pilot licence holders

61.415 Limitations on exercise of privileges of pilot licences—medical certificates: commercial, multicrew and air transport pilot licence holders

61.420 Limitations on exercise of privileges of pilot licences—carriage of documents

61.422 Limitations on exercise of privileges of pilot licences—aviation English language proficiency

61.425 Limitations on exercise of privileges of pilot licences—unregistered aircraft

61.427 Removal of certain pilot licence conditions about airspace

Division 61.E.2General authorisations for pilot licences

61.430 Holders of pilot licences authorised to taxi aircraft

61.435 When holders of pilot licences authorised to operate aircraft radio

Subpart 61.GRecreational pilot licences

Division 61.G.1Privileges and grant of licences

61.460 Privileges of recreational pilot licences

61.465 Limitations on exercise of privileges of recreational pilot licences—general

61.470 Limitations on exercise of privileges of recreational pilot licences—endorsements

61.475 Requirements for grant of recreational pilot licences

61.480 Grant of recreational pilot licences in recognition of pilot certificates granted by certain organisations

Division 61.G.2Recreational pilot licence endorsements

61.485 Kinds of recreational pilot licence endorsements

61.490 Privileges of recreational pilot licence endorsements

61.495 Requirements for grant of recreational pilot licence endorsements

61.500 Grant of endorsement in recognition of other qualifications

Subpart 61.HPrivate pilot licences

Division 61.H.1General

61.505 Privileges of private pilot licences

61.510 Limitations on exercise of privileges of private pilot licences—multicrew operations

61.515 Requirements for grant of private pilot licences—general

Division 61.H.2Aeronautical experience requirements for private pilot licences—applicants who have completed integrated training courses

61.520 Application of Division 61.H.2

61.525 Aeronautical experience requirements for grant of private pilot licences—aeroplane category

61.530 Aeronautical experience requirements for grant of private pilot licences—helicopter category

61.535 Aeronautical experience requirements for grant of private pilot licences—gyroplane category

Division 61.H.3Aeronautical experience requirements for private pilot licences—applicants who have not completed integrated training courses

61.540 Application of Division 61.H.3

61.545 Aeronautical experience requirements for grant of private pilot licences—aeroplane category

61.550 Aeronautical experience requirements for grant of private pilot licences—helicopter category

61.555 Aeronautical experience requirements for grant of private pilot licences—poweredlift aircraft category

61.560 Aeronautical experience requirements for grant of private pilot licences—gyroplane category

61.565 Aeronautical experience requirements for grant of private pilot licences—airship category

Subpart 61.ICommercial pilot licences

Division 61.I.1General

61.570 Privileges of commercial pilot licences

61.575 Limitations on exercise of privileges of commercial pilot licences—multicrew operations

61.580 Requirements for grant of commercial pilot licences—general

Division 61.I.2Aeronautical experience requirements for commercial pilot licences—applicants who have completed integrated training courses

61.585 Application of Division 61.I.2

61.590 Aeronautical experience requirements for grant of commercial pilot licences—aeroplane category

61.595 Aeronautical experience requirements for grant of commercial pilot licences—helicopter category

61.600 Aeronautical experience requirements for grant of commercial pilot licences—poweredlift aircraft category

Division 61.I.3Aeronautical experience requirements for commercial pilot licences—applicants who have not completed integrated training courses

61.605 Application of Division 61.I.3

61.610 Aeronautical experience requirements for grant of commercial pilot licences—aeroplane category

61.615 Aeronautical experience requirements for grant of commercial pilot licences—helicopter category

61.620 Aeronautical experience requirements for grant of commercial pilot licences—poweredlift aircraft category

61.625 Aeronautical experience requirements for grant of commercial pilot licences—gyroplane category

61.630 Aeronautical experience requirements for grant of commercial pilot licences—airship category

Subpart 61.JMulticrew pilot licences

61.635 Privileges of multicrew pilot licences

61.640 Limitations on exercise of privileges of multicrew pilot licences—IFR flight: general

61.645 Limitations on exercise of privileges of multicrew pilot licences—IFR flight: recent experience

61.650 Limitations on exercise of privileges of multicrew pilot licences—instrument proficiency check

61.655 Requirements for grant of multicrew pilot licences

61.660 Aeronautical experience requirements for grant of multicrew pilot licences—aeroplane category

Subpart 61.KAir transport pilot licences

61.665 Privileges of air transport pilot licences

61.670 Limitations on exercise of privileges of air transport pilot licences—helicopter IFR flight

61.675 Limitations on exercise of privileges of air transport pilot licences—singlepilot IFR flight

61.680 Limitations on exercise of privileges of air transport pilot licences—IFR flight: general

61.685 Limitations on exercise of privileges of air transport pilot licences—IFR flight: recent experience

61.695 Limitations on exercise of privileges of air transport pilot licences—instrument proficiency check

61.700 Requirements for grant of air transport pilot licences—general

61.705 Aeronautical experience requirements for grant of air transport pilot licences—aeroplane category

61.710 Aeronautical experience requirements for grant of air transport pilot licences—helicopter category

61.715 Aeronautical experience requirements for grant of air transport pilot licences—poweredlift aircraft category

Subpart 61.LAircraft ratings and endorsements for pilot licences

Division 61.L.1Preliminary

61.720 What Subpart 61.L is about

Division 61.L.2Aircraft category ratings

61.725 Privileges of aircraft category ratings

61.730 Requirements for grant of aircraft category ratings

Division 61.L.3Aircraft class ratings

61.735 Privileges of aircraft class ratings

61.745 Limitations on exercise of privileges of aircraft class ratings—flight review

61.747 Limitations on exercise of privileges of class ratings in certain aircraft—flight review

61.750 Requirements for grant of aircraft class ratings

Division 61.L.4Design feature endorsements

61.755 Design features that require design feature endorsement

61.760 Privileges of design feature endorsements

61.765 Requirements for grant of design feature endorsements

Division 61.L.5Pilot type ratings

61.770 Privileges of pilot type ratings

61.775 Limitations on exercise of privileges of pilot type ratings—flight test in flight simulator

61.780 Limitations on exercise of privileges of pilot type ratings—variants

61.785 Limitations on exercise of privileges of pilot type ratings—singlepilot operation and multicrew operation

61.790 Limitations on exercise of privileges of pilot type ratings—IFR operation

61.795 Limitations on exercise of privileges of pilot type ratings—recent experience on aircraft models

61.800 Limitations on exercise of privileges of pilot type ratings—flight review

61.805 Limitations on exercise of privileges of pilot type ratings—instrument proficiency check

61.810 Requirements for grant of pilot type ratings

61.815 Person taken to meet requirements for grant of pilot type rating—multicrew pilot licence holder

61.820 Person taken to meet requirements for grant of pilot type rating—new type rating

61.822 Removal of type rating condition about acting as pilot in command

Division 61.L.6Cruise relief type ratings

61.825 Kinds of cruise relief type rating

61.830 Privileges of cruise relief type ratings

61.835 Limitations on exercise of privileges of cruise relief type ratings—general

61.840 Limitations on exercise of privileges of cruise relief type ratings—recent experience

61.845 Requirements for grant of cruise relief type ratings

61.850 Person taken to meet requirements for grant of cruise relief type rating—new type rating

Subpart 61.MInstrument ratings

Division 61.M.1Privileges and requirements for grant of instrument ratings

61.855 Privileges of instrument ratings

61.860 Limitations on exercise of privileges of instrument ratings—general

61.865 Limitations on exercise of privileges of instrument ratings—endorsements

61.870 Limitations on exercise of privileges of instrument ratings—recent experience: general

61.875 Limitations on exercise of privileges of instrument ratings—recent experience: single pilot

61.880 Limitations on exercise of privileges of instrument ratings—instrument proficiency check

61.885 Requirements for grant of instrument ratings

61.887 Removal of instrument rating conditions about acting as pilot in command under IFR

Division 61.M.2Privileges and requirements for grant of instrument endorsements

61.890 Kinds of instrument endorsement

61.895 Privileges of instrument endorsements

61.900 Limitations on exercise of privileges of instrument endorsements

61.905 Requirements for grant of instrument endorsements

Subpart 61.NPrivate instrument ratings

Division 61.N.1Privileges and requirements for grant of private instrument ratings

61.910 Privileges of private instrument ratings

61.915 Limitations on exercise of privileges of private instrument ratings—endorsements

61.920 Limitations on exercise of privileges of private instrument ratings—recent experience

61.925 Limitations on exercise of privileges of private instrument ratings—flight review

61.930 Requirements for grant of private instrument ratings

Division 61.N.2Privileges and requirements for grant of private instrument endorsements

61.935 Kinds of private instrument endorsement

61.940 Privileges of private instrument endorsements

61.942 Limitations on exercise of privileges of private instrument endorsements—visibility and cloud

61.945 Limitations on exercise of privileges of private instrument endorsements

61.950 Requirements for grant of private instrument endorsements

Subpart 61.ONight VFR ratings

Division 61.O.1Privileges and requirements for grant of night VFR ratings

61.955 Privileges of night VFR ratings

61.960 Limitations on exercise of privileges of night VFR ratings—endorsements

61.965 Limitations on exercise of privileges of night VFR ratings—recent experience

61.970 Limitations on exercise of privileges of night VFR ratings—flight review

61.975 Requirements for grant of night VFR ratings

Division 61.O.2Privileges and requirements for grant of night VFR endorsements

61.980 Kinds of night VFR endorsement

61.985 Privileges of night VFR endorsements

61.990 Requirements for grant of night VFR endorsements

Subpart 61.PNight vision imaging system ratings

Division 61.P.1Privileges and requirements for grant of night vision imaging system ratings

61.995 Privileges of night vision imaging system ratings

61.1000 Limitations on exercise of privileges of night vision imaging system ratings—general

61.1005 Limitations on exercise of privileges of night vision imaging system ratings—endorsements

61.1010 Limitations on exercise of privileges of night vision imaging system ratings—recent experience

61.1015 Limitations on exercise of privileges of night vision imaging system ratings—night vision imaging system proficiency check

61.1020 Requirements for grant of night vision imaging system ratings

Division 61.P.2Privileges and requirements for grant of night vision imaging system endorsements

61.1025 Kinds of night vision imaging system endorsement

61.1030 Privileges of night vision imaging system endorsements

61.1035 Requirements for grant of night vision imaging system endorsements

Subpart 61.QLowlevel ratings

Division 61.Q.1Privileges and requirements for grant of lowlevel ratings

61.1040 Privileges of lowlevel ratings

61.1045 Limitations on exercise of privileges of lowlevel ratings—general

61.1050 Limitations on exercise of privileges of lowlevel ratings—endorsements

61.1055 Limitations on exercise of privileges of lowlevel ratings—recent experience

61.1060 Limitations on exercise of privileges of lowlevel ratings—flight review

61.1070 Requirements for grant of lowlevel ratings

Division 61.Q.2Privileges and requirements for grant of lowlevel endorsements

61.1075 Kinds of lowlevel endorsement

61.1080 Privileges of lowlevel endorsements

61.1085 Requirements for grant of lowlevel endorsements

Subpart 61.RAerial application ratings

Division 61.R.1Privileges and requirements for grant of aerial application ratings

61.1090 Privileges of aerial application ratings

61.1100 Limitations on exercise of privileges of aerial application ratings—endorsements

61.1105 Limitations on exercise of privileges of aerial application ratings—recent experience

61.1110 Limitations on exercise of privileges of aerial application ratings—aerial application proficiency check

61.1115 Requirements for grant of aerial application ratings

Division 61.R.2Privileges and requirements for grant of aerial application endorsements

61.1120 Kinds of aerial application endorsement

61.1125 Privileges of aerial application endorsements

61.1130 Limitations on exercise of privileges of aerial application endorsements—supervision

61.1135 Limitations on exercise of privileges of night aerial application endorsements

61.1140 Requirements for grant of aerial application endorsements

Subpart 61.SFlight activity endorsements

61.1145 Kinds of flight activity endorsement

61.1150 Privileges of flight activity endorsements

61.1155 Limitations on exercise of privileges of flight activity endorsements—medical certificates

61.1160 Requirements for grant of flight activity endorsements

Subpart 61.TPilot instructor ratings

Division 61.T.1Privileges and requirements for grant of flight instructor ratings

61.1165 Privileges of flight instructor ratings

61.1170 Limitations on exercise of privileges of flight instructor ratings—general

61.1172 Limitations on exercise of privileges of flight instructor rating—rating granted on basis of transitional provisions

61.1175 Limitations on exercise of privileges of flight instructor ratings—endorsements

61.1180 Limitations on exercise of privileges of flight instructor ratings—instructor proficiency check

61.1185 Requirements for grant of flight instructor ratings

Division 61.T.2Privileges and requirements for grant of simulator instructor ratings

61.1190 Privileges of simulator instructor ratings

61.1195 Limitations on exercise of privileges of simulator instructor ratings—general

61.1197 Limitations on exercise of privileges of simulator instructor rating—rating granted on basis of transitional provisions

61.1200 Limitations on exercise of privileges of simulator instructor ratings—endorsements

61.1205 Limitations on exercise of privileges of simulator instructor ratings—instructor proficiency check

61.1210 Requirements for grant of simulator instructor ratings

Division 61.T.3Obligations of pilot instructors

61.1215 Obligations of pilot instructors—training

61.1220 Obligations of pilot instructors—flight reviews

61.1225 Obligations of pilot instructors—student pilots

61.1227 Obligations of pilot instructors—approval to operate aircraft radio

61.1230 Obligations of pilot instructors—records of activities conducted independently of Part 141 or 142 operator

Division 61.T.4Privileges and requirements for grant of training endorsements

61.1235 Kinds of training endorsement

61.1240 Privileges of training endorsements

61.1245 Limitations on exercise of privileges of training endorsements—general

61.1246 Limitations on exercise of privileges of grade 3 training endorsements

61.1247 Limitations on exercise of privileges of low level training endorsements

61.1250 Requirements for grant of training endorsements

Subpart 61.UFlight examiner ratings

Division 61.U.1Privileges and requirements for grant of flight examiner ratings

61.1255 Privileges of flight examiner ratings

61.1265 Limitations on exercise of privileges of flight examiner ratings—endorsements

61.1270 Limitations on exercise of privileges of flight examiner ratings—professional development

61.1275 Limitations on exercise of privileges of flight examiner ratings—recent experience

61.1280 Limitations on exercise of privileges of flight examiner ratings—flight reviews and subject matter proficiency checks

61.1285 Limitations on exercise of privileges of flight examiner ratings—examiner proficiency check

61.1290 Requirements for grant of flight examiner ratings

Division 61.U.2Obligations of flight examiners

61.1295 Obligations of flight examiners—flight tests: strict liability offences

61.1300 Obligations of flight examiners—flight tests: other offences

61.1305 Obligations of flight examiners—proficiency checks

Division 61.U.3Privileges and requirements for grant of flight examiner endorsements

61.1310 Kinds of flight examiner endorsement

61.1315 Privileges of flight examiner endorsements

61.1318 Limitations on exercise of privileges of flight examiner endorsements—flight tests in aircraft

61.1320 Requirements for grant of flight examiner endorsements

Subpart 61.VFlight engineer licences

61.1325 Privileges of flight engineer licences

61.1330 Limitations on exercise of privileges of flight engineer licences—ratings

61.1335 Limitations on exercise of privileges of flight engineer licences—recent experience

61.1340 Limitations on exercise of privileges of flight engineer licences—flight review

61.1345 Limitations on exercise of privileges of flight engineer licences—current medical certificates

61.1350 Limitations on exercise of privileges of flight engineer licences—carriage of documents

61.1352 Limitations on exercise of privileges of flight engineer licences—aviation English language proficiency

61.1355 Certain holders of flight engineer licences authorised to operate aircraft radio

61.1360 Requirements for grant of flight engineer licences

Subpart 61.WFlight engineer type ratings

61.1365 Privileges of flight engineer type ratings

61.1370 Limitations on exercise of privileges of flight engineer type ratings—general

61.1375 Limitations on exercise of privileges of flight engineer type ratings—recent experience on aircraft models

61.1380 Limitations on exercise of privileges of flight engineer type ratings—flight review

61.1385 Requirements for grant of flight engineer type ratings

61.1390 Person taken to meet requirements for grant of flight engineer type rating—new type rating

Subpart 61.XFlight engineer instructor ratings

Division 61.X.1Privileges and requirements for grant of flight engineer instructor ratings

61.1395 Privileges of flight engineer instructor ratings

61.1400 Limitations on exercise of privileges of flight engineer instructor ratings—general

61.1402 Limitations on exercise of privileges of flight engineer instructor rating—rating granted on basis of transitional provisions

61.1405 Limitations on exercise of privileges of flight engineer instructor ratings—endorsements

61.1410 Limitations on exercise of privileges of flight engineer instructor ratings—instructor proficiency check

61.1415 Requirements for grant of flight engineer instructor ratings

Division 61.X.2Obligations of flight engineer instructors

61.1420 Obligations of flight engineer instructors—training

61.1425 Obligations of flight engineer instructors—flight review

61.1427 Obligations of flight engineer instructors—approval to operate aircraft radio

Division 61.X.3Privileges and requirements for grant of flight engineer training endorsements

61.1430 Kinds of flight engineer training endorsement

61.1435 Privileges of flight engineer training endorsements

61.1440 Requirements for grant of flight engineer training endorsements

Subpart 61.YFlight engineer examiner ratings

Division 61.Y.1Privileges and requirements for grant of flight engineer examiner ratings

61.1445 Privileges of flight engineer examiner ratings

61.1455 Limitations on exercise of privileges of flight engineer examiner ratings—endorsements

61.1460 Limitations on exercise of privileges of flight engineer examiner ratings—professional development

61.1465 Limitations on exercise of privileges of flight engineer examiner ratings—recent experience

61.1470 Limitations on exercise of privileges of flight engineer examiner ratings—examiner proficiency check

61.1475 Requirements for grant of flight engineer examiner ratings

Division 61.Y.2Obligations of flight engineer examiners

61.1480 Obligations of flight engineer examiners—flight tests: strict liability offences

61.1485 Obligations of flight engineer examiners—flight tests: other offences

61.1490 Obligations of flight engineer examiners—proficiency checks

Division 61.Y.3Privileges and requirements for grant of flight engineer examiner endorsements

61.1495 Kinds of flight engineer examiner endorsement

61.1500 Privileges of flight engineer examiner endorsements

61.1505 Requirements for grant of flight engineer examiner endorsements

Subpart 61.ZGlider pilot licences

61.1510 Privileges of glider pilot licences

61.1515 Limitations on exercise of privileges of glider pilot licences—general

61.1520 Limitations on exercise of privileges of glider pilot licences—recent experience

61.1525 Limitations on exercise of privileges of glider pilot licences—flight review

61.1530 Limitations on exercise of privileges of glider pilot licences—medical certificates

61.1535 Limitations on exercise of privileges of glider pilot licences—carriage of documents

61.1540 Requirements for grant of glider pilot licences

Subpart 61.APreliminary

Division 61.A.1General

61.005  What Part 61 is about

 (1) This Part sets out the licensing scheme for pilots and flight engineers of registered aircraft.

 (2) Subpart 61.A sets out:

 (a) preliminary matters; and

 (b) when a flight crew licence, rating or endorsement is not required.

 (3) Subpart 61.B sets out:

 (a) the general requirements for the grant of a flight crew licence, rating or endorsement; and

 (b) the requirements for the grant of a flight crew licence, rating or endorsement in recognition of an overseas or military qualification.

Note: A reference to a flight crew licence includes a glider pilot licence: see the definition of flight crew licence in regulation 61.010.

 (4) Subpart 61.C sets out rules relating to a certificate of validation of an overseas qualification, including:

 (a) requirements for the grant of a certificate of validation; and

 (b) the effect of a certificate of validation.

 (5) Subpart 61.D sets out obligations that apply to all holders of flight crew licences, ratings and endorsements.

 (6) Subpart 61.E:

 (a) sets out limitations that apply to the exercise of the privileges of all pilot licences; and

 (b) provides for the authorisations to taxi an aircraft and to operate an aircraft radio.

Note: A reference to a pilot licence does not include a glider pilot licence: see the definition of pilot licence in regulation 61.010.

 (7) Subparts 61.G to 61.K make particular provision for each kind of pilot licence, including:

 (a) the privileges of the licence; and

 (b) limitations on the exercise of the privileges; and

 (c) the requirements for the grant of the licence.

 (8) Subparts 61.L to 61.U provide for ratings and endorsements on pilot licences, setting out:

 (a) the privileges of each rating or endorsement; and

 (b) limitations on the exercise of the privileges of the rating or endorsement; and

 (c) the requirements for the grant of the rating or endorsement; and

 (d) for the flight instructor, simulator instructor and flight examiner ratings—obligations that apply to the holder of the rating.

 (9) Subparts 61.V to 61.Y provide for flight engineer licences, and ratings and endorsements on flight engineer licences.

 (10) Subpart 61.Z makes particular provision for glider pilot licences.

61.007  Application of Part 61

 (1) This Part applies to flight in a registered aircraft of any of the following categories:

 (a) aeroplane;

 (b) helicopter;

 (c) poweredlift aircraft;

 (d) gyroplane;

 (e) airship.

 (2) The Part applies also to flight in a registered glider.

61.010  Definitions for Part 61

  In this Part:

aerial application endorsement means an endorsement mentioned in column 1 of table 61.1120.

aerial application operation means a flight that is carried out by an aircraft to apply application material.

aerial application proficiency check means an assessment, against the standards mentioned in the Part 61 Manual of Standards, of a pilot’s competency to exercise the privileges of an aerial application rating.

aeronautical experience: see regulation 61.075.

aeronautical knowledge examination, for a flight crew licence, rating or endorsement, means an examination set under regulation 61.215 for the grant of the licence, rating or endorsement.

aeroplane: see regulation 61.025.

approved course of professional development, for a provision of this Part, means a course of professional development for which the provider holds an approval under regulation 61.040 for the provision.

approved course of training, for a provision of this Part, means a course of training:

 (a) for which the provider holds an approval under regulation 61.040 for the provision; or

 (b) that a Part 141 or 142 operator is authorised to conduct; or

 (c) that a person holds an approval under regulation 141.035 or 142.040 to conduct.

approved flight simulation training device: a flight simulation training device is an approved flight simulation training device for a purpose if:

 (a) a Part 141 operator’s operations manual, or a Part 142 operator’s exposition, states that the device may be used for the purpose; or

 (b) the operator of the device holds an approval under regulation 60.055 or 61.040 to use the device for the purpose; or

 (c) the device is:

 (i) qualified (however described) by the national aviation authority of a recognised foreign State; and

 (ii) approved for the purpose by the national aviation authority.

approved flight simulator: a flight simulator is an approved flight simulator for a purpose if:

 (a) a Part 141 operator’s operations manual, or a Part 142 operator’s exposition, states that the simulator may be used for the purpose; or

 (b) the operator of the simulator holds an approval under regulation 60.055 to use the simulator for the purpose; or

 (c) the simulator is:

 (i) qualified (however described) by the national aviation authority of a recognised foreign State; and

 (ii) approved for the purpose by the national aviation authority.

associated: an aircraft category rating is associated with a pilot licence if:

 (a) for an application for the pilot licence—the application includes an application for the rating; or

 (b) in any other case—the rating was granted on the basis of the applicant having met the requirements for the grant of the pilot licence with the rating.

Note: An aircraft category rating has effect only for the pilot licence with which it is associated: see regulation 61.725.

aviation English language proficiency assessment means an aviation English language proficiency assessment conducted under regulation 61.255.

aviation English language proficiency assessor means the holder of an approval under regulation 61.270 to conduct an aviation English language proficiency assessment.

azimuth guidance operation means an instrument approach operation using azimuth bearings for lateral navigation guidance.

basic instrument flight training means flight training in the units of competency for instrument flight mentioned in the Part 61 Manual of Standards for the grant of a private pilot licence or commercial pilot licence.

category of aircraft: see regulation 61.015.

category specific: a rating or endorsement is category specific if the rating or endorsement applies only to an aircraft category that is specified on the rating or endorsement.

Certificate IV in Training and Assessment means a Certificate IV in Training and Assessment issued by a registered training organisation under the Australian Qualifications Framework.

Note: See www.aqf.edu.au/.

certificate of validation means a certificate of validation granted under Subpart 61.C.

circling approach means an extension of an instrument approach operation that includes a visual circling manoeuvre to position an aircraft for a landing.

class of aircraft: see regulation 61.020.

conduct, as a verb, means:

 (a) in relation to a flight operation—to occupy a flight control seat in an aircraft while the operation takes place; or

 (b) in relation to a simulated flight operation—to occupy a flight control seat in a flight simulation training device while the simulated operation takes place; or

 (c) in relation to an operation of a tethered helicopter—to occupy a flight control seat in the tethered helicopter while the operation takes place.

course deviation indicator operation means an instrument approach operation using a course deviation indicator for lateral navigation guidance.

crosscountry flight means a flight along a preplanned route during which the pilot uses geometry, topography or radio navigation aids to determine the aircraft’s position and course.

crosscountry flight time means flight time accrued during a crosscountry flight.

cruise relief type rating means:

 (a) a cruise relief copilot type rating; or

 (b) a cruise relief flight engineer type rating.

current:

 (a) for an aviation English language proficiency assessment—see regulation 61.260; and

 (b) for a recreational aviation medical practitioner’s certificate held by:

 (i) a student pilot—see subregulation 61.114(6); and

 (ii) a recreational pilot licence holder—see subregulation 61.405(3); and

 (c) for a certificate of validation or medical certificate—means a certificate that is in force.

differences training, for a variant, means the training mentioned in regulation 61.200 for the variant.

dual crosscountry flight time means crosscountry flight time that is conducted in dual flight.

dual flight means flight conducted while receiving training from a pilot instructor occupying a flight control seat in an aircraft that is fitted with fully functional dual controls.

dual flight check means an inflight assessment by a flight instructor of the competency of a student pilot to conduct a solo training flight.

dual instrument flight time means instrument flight time that is conducted in dual flight.

dual instrument ground time means instrument ground time that is conducted in dual simulated flight.

dual instrument time means:

 (a) dual instrument flight time; or

 (b) dual instrument ground time.

dual simulated flight means simulated flight conducted while receiving training from a pilot instructor occupying a flight control seat in a flight simulation training device that is fitted with fully functional dual controls.

duration, of a flight, means:

 (a) for a flight in an aeroplane or gyroplane—the time from the moment the aircraft begins moving, whether or not under its own power, in preparation for flight until the moment it comes to rest at the end of the flight; or

 (b) for a flight in a helicopter or poweredlift aircraft—the time from the moment the aircraft’s rotor blades start turning until the moment the rotor blades stop turning after the aircraft comes to rest at the end of the flight; or

 (c) for a flight in an airship—the time from the moment the airship is released from its mooring until the moment it is tethered at the end of the flight; or

 (d) for a flight in a glider—the time from the moment the glider first begins moving in preparation for flight, whether being towed or not, until the moment it comes to rest at the end of the flight.

endorsement means a flight crew endorsement.

equivalent, for an overseas flight crew licence, rating or endorsement: an overseas flight crew licence, rating or endorsement (however described) is equivalent to a flight crew licence, rating or endorsement granted under this Part (an Australian authorisation) if it allows the holder to conduct substantially the same activities as the Australian authorisation.

examiner means:

 (a) a flight examiner; or

 (b) a flight engineer examiner.

examiner rating means:

 (a) a flight examiner rating; or

 (b) a flight engineer examiner rating.

flight means flight in:

 (a) an aeroplane; or

 (b) a helicopter; or

 (c) an airship; or

 (d) a glider, other than a hang glider; or

 (e) a gyroplane; or

 (f) a poweredlift aircraft.

flight activity endorsement means an endorsement mentioned in column 1 of table 61.1145.

flight crew endorsement means an endorsement granted under this Part on a flight crew licence.

flight crew licence means:

 (a) a pilot licence; or

 (b) a flight engineer licence; or

 (c) a glider pilot licence.

flight crew rating means a rating granted under this Part on a flight crew licence.

flight engineer examiner means the holder of a flight engineer examiner rating.

flight engineer examiner endorsement means an endorsement mentioned in column 1 of table 61.1495.

flight engineer flight test endorsement means an endorsement mentioned in column 1 of Part 1 of table 61.1495.

flight engineer instructor means the holder of a flight engineer instructor rating.

flight engineer training endorsement means an endorsement mentioned in column 1 of table 61.1430.

flight examiner means the holder of a flight examiner rating.

flight examiner endorsement means an endorsement mentioned in column 1 of table 61.1310.

flight instructor means the holder of a flight instructor rating.

flight review means an assessment of the competency of a flight crew member to perform:

 (a) for the holder of a pilot licence or flight engineer licence—an activity authorised by a flight crew rating that the crew member holds; or

 (b) for the holder of a glider pilot licence—an activity authorised by the licence.

flight simulation training device means:

 (a) a qualified flight simulator; or

 (b) a qualified flight training device; or

 (c) a synthetic trainer that is approved under Civil Aviation Order 45.0; or

 (d) a device that meets the qualification standards prescribed by a legislative instrument under regulation 61.045; or

 (e) a device that is qualified (however described) by the national aviation authority of a recognised foreign State.

flight test, for a flight crew licence, rating or endorsement, means a test conducted under regulation 61.245 for the licence, rating or endorsement.

flight test endorsement means an endorsement mentioned in column 1 of Part 1 of table 61.1310.

flight time as:

 (a) a pilot: see regulation 61.080; and

 (b) a copilot: see regulation 61.085; and

 (c) a pilot in command: see regulation 61.090; and

 (d) a pilot in command under supervision: see regulation 61.095; and

 (e) a flight engineer: see regulation 61.100.

flight training, for a flight crew licence, rating or endorsement, means the training mentioned in regulation 61.195 for the licence, rating or endorsement.

initial flight training means dual flight conducted for training in the units of competency mentioned in the Part 61 Manual of Standards for the grant of a recreational pilot licence.

instructor means:

 (a) a flight instructor; or

 (b) a simulator instructor; or

 (c) a flight engineer instructor.

instructor proficiency check means an assessment, against the standards mentioned in the Part 61 Manual of Standards, of an instructor’s competency to conduct flight training.

instructor rating means:

 (a) a flight instructor rating; or

 (b) a simulator instructor rating; or

 (c) a flight engineer instructor rating.

instrument endorsement means an endorsement mentioned in column 1 of table 61.890.

instrument flight time: see regulation 61.105.

instrument ground time: see regulation 61.110.

instrument proficiency check means an assessment, against the standards mentioned in the Part 61 Manual of Standards, of a pilot’s competency to pilot an aircraft under the IFR.

instrument time means:

 (a) instrument flight time; or

 (b) instrument ground time.

knowledge deficiency report means a report prepared, and given to a person, under regulation 61.230.

licence means a flight crew licence.

licence document: see regulation 61.175.

lowlevel endorsement means an endorsement mentioned in column 1 of table 61.1075.

lowlevel operation means an operation below 500 ft AGL, other than the following:

 (a) climbing from takeoff;

 (b) descending for the purpose of landing;

 (c) an aerial application operation.

maximum certificated passenger seating capacity, for an aircraft, means the maximum passenger seating capacity stated in the aircraft’s type certificate, foreign type certificate, supplemental type certificate or foreign supplemental type certificate.

maximum certificated takeoff weight, for an aircraft, means the maximum takeoff weight stated in the aircraft’s type certificate, foreign type certificate, supplemental type certificate or foreign supplemental type certificate.

medical exemption means:

 (a) for the conduct of a solo flight by a student pilot—an approval under regulation 61.040 to conduct the solo flight without holding a current medical certificate or recreational aviation medical practitioner’s certificate; and

 (b) for the exercise of the privileges of a flight crew licence or rating—an approval under regulation 61.040 to exercise the privileges of the licence or rating without holding a current medical certificate or recreational aviation medical practitioner’s certificate.

medical practitioner means a person entitled to practise as a medical practitioner under a law of a State or Territory.

multicrew, in relation to an aircraft, means that the aircraft is certificated for operation by a crew of at least 2 pilots.

multicrew operation means an operation that requires at least 2 pilots in:

 (a) a multicrew aircraft; or

 (b) an aircraft that is equipped, and required by these Regulations, to be operated by a crew of at least 2 pilots.

multicrew pilot licence training course means a course of training for the grant of a multicrew pilot licence conducted by a Part 142 operator.

multicrew type rating means a pilot type rating authorising its holder to pilot an aircraft of the type covered by the rating in a multicrew operation.

multiengine aeroplane means an aeroplane that has 2 or more engines, other than:

 (a) a multiengine centreline thrust aeroplane; or

 (b) an aeroplane that is prescribed by a legislative instrument under regulation 61.050 as an aeroplane that is included in the singleengine aeroplane class.

multiengine centreline thrust aeroplane means an aeroplane with 2 or more engines that:

 (a) has the thrust line along the longitudinal axis of the aeroplane; and

 (b) has no asymmetric handling effect about the normal axis in the event of an engine failure.

night VFR endorsement means an endorsement mentioned in column 1 of table 61.980.

night vision goggles means a selfcontained binocular night vision enhancement device that:

 (a) is helmetmounted or otherwise worn by a person; and

 (b) can detect and amplify light in both the visual and near infrared bands of the electromagnetic spectrum.

night vision imaging system endorsement means an endorsement mentioned in column 1 of table 61.1025.

night vision imaging system proficiency check means an assessment, against the standards mentioned in the Part 61 Manual of Standards, of a pilot’s competency to pilot a helicopter using a night vision imaging system.

operational endorsement means any of the following endorsements:

 (a) an aerial application endorsement;

 (b) a flight activity endorsement;

 (c) a flight examiner endorsement;

 (d) an instrument endorsement;

 (e) a lowlevel endorsement;

 (f) a night VFR endorsement;

 (g) a night vision imaging system endorsement;

 (h) a private instrument endorsement;

 (i) a training endorsement;

 (j) a flight engineer examiner endorsement;

 (k) a flight engineer training endorsement.

operational rating means any of the following ratings:

 (a) an aerial application rating;

 (b) an examiner rating;

 (c) an instructor rating;

 (d) an instrument rating;

 (e) a lowlevel rating;

 (f) a night VFR rating;

 (g) a night vision imaging system rating;

 (h) a private instrument rating.

operator proficiency check means an assessment conducted by an operator in accordance with its training and checking responsibilities under these Regulations of whether a person has the aeronautical skills and knowledge required by the operator.

overseas endorsement means an authorisation (however described) granted by the national aviation authority of a Contracting State, in accordance with Annex 1 to the Chicago Convention, that is equivalent to a flight crew endorsement.

overseas flight crew licence means an authorisation (however described) granted by the national aviation authority of a Contracting State, in accordance with Annex 1 to the Chicago Convention, that is equivalent to a flight crew licence.

overseas medical certificate means a medical certificate (however described) granted by the national aviation authority of a Contracting State, in accordance with Annex 1 to the Chicago Convention, that is equivalent to a medical certificate.

overseas rating means an authorisation (however described) granted by the national aviation authority of a Contracting State, in accordance with Annex 1 to the Chicago Convention, that is equivalent to a flight crew rating.

pilot, used as a noun, means a person authorised under this Part to manipulate the flight controls of an aircraft during flight.

pilot, used as a verb, means:

 (a) to manipulate the flight controls of an aircraft during flight; or

 (b) to occupy a flight control seat in an aircraft during flight.

pilot in command under supervision means a pilot, other than a student pilot, who performs the duties and functions of the pilot in command of an aircraft under the supervision of a pilot who is authorised by the operator of the aircraft to conduct the supervision.

pilot instructor means:

 (a) a flight instructor; or

 (b) a simulator instructor.

pilot licence means any of the following licences:

 (a) an air transport pilot licence;

 (b) a commercial pilot licence;

 (c) a multicrew pilot licence;

 (d) a private pilot licence;

 (e) a recreational pilot licence.

private instrument endorsement means an endorsement mentioned in column 1 of table 61.935.

privilege, in relation to a flight crew licence, rating or endorsement, means an activity that the holder of the licence, rating or endorsement is authorised, under this Part, to conduct.

published lowest safe altitude has the meaning given by subregulation 178(7) of CAR.

rating means a flight crew rating.

recent photograph, at a particular time, means a photograph taken within 6 months before that time.

recognised aeroplane means an aeroplane:

 (a) that is on the register of aircraft kept by a Contracting State; or

 (b) that is a State aircraft.

recognised foreign State means any of the following:

 (a) Canada;

 (b) Hong Kong;

 (c) New Zealand;

 (d) United States of America;

 (e) the following EASA member States:

 (i) Belgium;

 (ii) Czech Republic;

 (iii) Denmark;

 (iv) Finland;

 (v) France;

 (vi) Germany;

 (vii) Ireland;

 (viii) Italy;

 (ix) Netherlands;

 (x) Norway;

 (xi) Portugal;

 (xii) Spain;

 (xiii) Sweden;

 (xiv) Switzerland;

 (xv) United Kingdom;

 (f) any other foreign country prescribed by a legislative instrument under regulation 61.047.

recognised gyroplane means a gyroplane:

 (a) that is on the register of aircraft kept by a Contracting State; or

 (b) that is a State aircraft.

recognised helicopter means a helicopter:

 (a) that is on the register of aircraft kept by a Contracting State; or

 (b) that is a State aircraft.

recognised poweredlift aircraft means a poweredlift aircraft:

 (a) that is on the register of aircraft kept by a Contracting State; or

 (b) that is a State aircraft.

recreational aircraft means a singleengine aircraft that:

 (a) is certificated for singlepilot operation; and

 (b) has a maximum certificated takeoff weight of less than 1 500 kg; and

 (c) is not rocketpowered or turbinepowered.

recreational aviation administration organisation means:

 (a) Recreational Aviation Australia Incorporated; or

 (b) Australian Sport Rotorcraft Association Incorporated; or

 (c) The Gliding Federation of Australia Incorporated.

recreational aviation medical practitioner’s certificate means a certificate from a medical practitioner to the effect that the holder meets the modified Austroads medical standards.

recreational pilot licence endorsement means an endorsement mentioned in regulation 61.485.

simulated flight engineer time means time spent in a flight simulation training device during which a flight engineer is performing the duties of a flight engineer.

simulated flight time means time spent in a flight simulation training device during which a pilot is performing the duties of a pilot.

simulated IMC means flight in an aircraft or flight simulation training device during which the pilot is prevented from viewing the external horizon.

simulator instructor means the holder of a simulator instructor rating.

singlepilot operation means an operation in an aircraft, other than a multicrew operation.

singlepilot type rating means a pilot type rating authorising its holder to pilot an aircraft of the type covered by the rating in a singlepilot operation.

solo, in relation to a flight of an aircraft, means a flight in which the pilot is the sole occupant of the aircraft.

standard instrument departure means a departure under the IFR in accordance with an instrument departure procedure.

successfully participating: a person is successfully participating in an operator’s training and checking system for an operation if:

 (a) the person is employed by the operator; and

 (b) the operator’s training and checking system covers the operation; and

 (c) the person has met the requirements under the system for entry into the system; and

 (d) the person is permitted under the system to be assigned by the operator for duty for the operation.

tethered flight time means the duration of a flight in a tethered helicopter.

tethered helicopter means a helicopter tethered to a base that allows hovering but not free flight.

training endorsement means an endorsement mentioned in column 1 of table 61.1235.

training provider, for a person undertaking flight training, means:

 (a) the Part 141 or 142 operator conducting the training; or

 (b) the person conducting the training who holds an approval under regulation 141.035 or 142.040 to conduct the training.

type rating means:

 (a) a pilot type rating; or

 (b) a flight engineer type rating; or

 (c) a cruise relief type rating.

type specific: a rating or endorsement is type specific if the rating or endorsement applies only to an aircraft type that is specified on the rating or endorsement.

variant, in relation to an aircraft model (the first model), means another aircraft model that CASA has prescribed by a legislative instrument under regulation 61.055 as a variant of the first model.

61.015  Definition of category of aircraft for Part 61

  Each of the following is a category of aircraft:

 (a) aeroplane;

 (b) helicopter;

 (c) poweredlift aircraft;

 (d) gyroplane;

 (e) airship.

61.020  Definition of class of aircraft for Part 61

 (1) Each of the following is a class of aircraft:

 (a) singleengine aeroplane;

 (b) multiengine aeroplane;

 (c) singleengine helicopter;

 (d) singleengine gyroplane;

 (e) airship.

 (2) For this Part, the singleengine aeroplane class includes:

 (a) multiengine centreline thrust aeroplanes; and

 (b) multiengine aeroplanes that are prescribed by a legislative instrument under regulation 61.050 (Prescription of multiengine aeroplanes included in singleengine aeroplane class).

61.025  Definition of aeroplane for Part 61

  Aeroplane means an aeroplane that has flight controls providing control of the aeroplane in 3 axes.

61.035  Issue of Manual of Standards for Part 61

 (1) For paragraph 98(5A)(a) of the Act, CASA may issue a Manual of Standards for this Part that sets out matters relating to flight crew licences.

 (2) In particular, the Manual of Standards may set out standards for the following:

 (a) approvals under regulation 61.040;

 (b) aeronautical and other knowledge required by this Part for the grant of a licence, rating or endorsement;

 (c) flight training;

 (d) other training and development requirements;

 (e) flight tests;

 (f) aviation and general English language proficiency;

 (g) general operating competencies for:

 (i) aircraft of a particular class or type; and

 (ii) activities authorised by operational ratings and endorsements;

 (h) competency in the use of an airborne collision avoidance system;

 (i) flight reviews;

 (k) instrument proficiency checks;

 (l) night vision imaging system proficiency checks;

 (m) aerial application proficiency checks;

 (n) instructor proficiency checks;

 (o) competencies for glider pilot licences.

61.040  Approvals by CASA for Part 61

 (1) If a provision of this Part refers to a person or organisation holding an approval under this regulation, the person or organisation may apply to CASA for the approval.

 (2) Subject to regulation 11.055, CASA must grant the approval if the following requirements are met:

 (a) if the approval relates to a course or program:

 (i) the course or program covers all the units of competency mentioned in the Part 61 Manual of Standards for the course or program; and

 (ii) the course or program meets the standards (if any) mentioned in the Part 61 Manual of Standards for the course or program;

 (b) if the approval relates to any other thing for which there are standards in the Part 61 Manual of Standards—the thing meets the standards;

 (c) for any other approval—the applicant meets the requirements (if any) for the approval mentioned in the provision.

 (3) Subregulation 11.055(1B) applies to the granting of an approval mentioned in paragraph 61.1515(1)(b) (Limitations on exercise of privileges of glider pilot licences—general).

61.045  Prescription of qualification standards for flight simulation training devices

  For paragraph 98(5A)(a) of the Act, CASA may, by legislative instrument, prescribe qualification standards for flight simulation training devices.

61.047  Prescription of recognised foreign States

  For paragraph 98(5A)(a) of the Act, CASA may, by legislative instrument, prescribe foreign countries as recognised foreign States.

61.050  Prescription of multiengine aeroplanes included in singleengine aeroplane class

  For paragraph 98(5A)(a) of the Act, CASA may, by legislative instrument, prescribe aeroplanes that are included in the singleengine aeroplane class.

61.055  Prescription of type ratings and variants—multicrew aircraft

 (1) For paragraph 98(5A)(a) of the Act, CASA may, by legislative instrument, prescribe, for multicrew aircraft:

 (a) the type ratings that may be granted for multicrew operation; and

 (b) the aircraft models that are variants of each other; and

 (c) in relation to each variant—the variants for which differences training is required; and

 (d) the type ratings for which the flight review or instrument proficiency check requirements may be met by completion of a single flight review; and

 (e) the type ratings for which the instrument proficiency check requirements may be met by completion of a single instrument proficiency check.

 (2) For paragraph 98(5A)(a) of the Act, if 2 or more aircraft models are variants of each other, CASA may, by legislative instrument, prescribe that the models are no longer variants of each other only if satisfied that:

 (a) the complexity of one of the models’ systems; or

 (b) a difference in their performance or handling characteristics;

requires the provision of additional flight training to enable a person to pilot an aircraft of that model safely.

61.060  Prescription of type ratings—singlepilot aircraft

 (1) For paragraph 98(5A)(a) of the Act, CASA may, by legislative instrument, prescribe:

 (a) for a type of aircraft that is certificated for singlepilot operation—whether a singlepilot type rating is required; and

 (b) for aircraft for which singlepilot type ratings are required:

 (i) the type ratings that may be granted for singlepilot operation; and

 (ii) the aircraft models that are variants of each other; and

 (iii) in relation to each variant—the variants for which differences training is required; and

 (c) the type ratings for which the flight review or instrument proficiency check requirements may be met by completion of a single flight review; and

 (d) the type ratings for which the instrument proficiency check requirements may be met by completion of a single instrument proficiency check.

 (2) However, CASA may prescribe that a singlepilot type rating is required for an aircraft only if satisfied that:

 (a) the complexity of the aircraft’s systems; or

 (b) its performance or handling characteristics;

requires the provision of additional flight training to enable a person to pilot an aircraft of that type safely.

61.061  Prescription of typerated aircraft—flight review requirements for class ratings

  For paragraph 98(5A)(a) of the Act, CASA may, by instrument, prescribe types of aircraft in which the conduct of a flight review or instrument proficiency check for a pilot type rating meets the flight review requirements for a class rating.

61.062  Prescription of types of aircraft for additional limitations on class ratings

  For paragraph 98(5A)(a) of the Act, CASA may, by instrument, prescribe types of aircraft in which the privileges of a class rating may not be exercised unless the holder of the rating has completed flight training and a flight review in an aircraft of the type.

61.063  Prescription of types of single engine helicopters for flight reviews

  For paragraph 98(5A)(a) of the Act, CASA may, by instrument, prescribe types of singleengine helicopters that may be used to conduct flight reviews for other types of singleengine helicopters.

61.065  Conduct of unauthorised activities—holders of flight crew licences

 (1) The holder of a flight crew licence commits an offence if:

 (a) the holder conducts an activity mentioned in this Part while:

 (i) piloting a registered aircraft; or

 (ii) acting as flight engineer of a registered aircraft; or

 (iii) acting as an instructor or examiner; and

 (b) the holder is not authorised under this Part to conduct the activity.

Penalty: 50 penalty units.

 (2) An offence against this regulation, other than an offence for a contravention of regulation 61.385 (Limitations on exercise of privileges of pilot licences—general competency requirement), is an offence of strict liability.

Note: See also subsection 20AB(1) of the Act for an offence of performing any duty that is essential to the operation of an Australian aircraft during flight time without holding a relevant civil aviation authorisation or being otherwise authorised by or under these Regulations to perform the duty.

Division 61.A.2Flight time and other aeronautical experience

61.070  Flight to which Division 61.A.2 applies

  For this Division:

flight means flight in:

 (a) an aeroplane; or

 (b) a helicopter, other than a tethered helicopter; or

 (c) an airship; or

 (d) a glider, other than a hang glider; or

 (e) a gyroplane; or

 (f) a poweredlift aircraft.

61.075  Definition of aeronautical experience for Part 61

  A person’s aeronautical experience is as follows:

 (a) for a pilot—the total of:

 (i) the person’s flight time as a pilot; and

 (ii) the person’s simulated flight time; and

 (iii) the person’s tethered flight time;

 (b) for a flight engineer—the total of:

 (i) the person’s flight time as a flight engineer; and

 (ii) the person’s simulated flight engineer time.

61.080  Definition of flight time as pilot for Part 61

  A person’s flight time as a pilot is:

 (a) the duration of the following flights:

 (i) a solo flight by the person;

 (ii) a flight in which the person receives flight training;

 (iii) if the person is a flight instructor—a flight during which the person exercises the privileges of his or her flight instructor rating;

 (iv) if the person is a flight examiner—a flight during which the person exercises the privileges of his or her flight examiner rating; and

 (b) the person’s flight time as pilot in command; and

 (c) the person’s flight time as pilot in command under supervision; and

 (d) the person’s flight time as a copilot.

61.085  Definition of flight time as copilot for Part 61

  A person’s flight time as a copilot is any period, during flight in an aircraft that, under these Regulations, must be flown with a flight crew of at least 2 pilots, in which the person is performing copilot duties other than as pilot in command under supervision.

Note: A copilot is a pilot on board an aircraft in a piloting capacity other than the pilot in command or a pilot who is on board the aircraft for the sole purpose of receiving flight training: see the definition of copilot in Part 1 of the Dictionary.

61.090  Definition of flight time as pilot in command for Part 61

  A person’s flight time as pilot in command of an aircraft is the duration of a flight for which the person is the pilot in command of the aircraft.

61.095  Definition of flight time as pilot in command under supervision for Part 61

 (1) A person’s flight time as pilot in command under supervision is the duration of a flight if:

 (a) the person holds a pilot licence; and

 (b) the person performs all the duties of the pilot in command for the flight; and

 (c) subregulation (2) or (3) applies to the flight.

 (2) For paragraph (1)(c), this subregulation applies to the flight if:

 (a) the flight is conducted by an operator that has training and checking responsibilities; and

 (b) the pilot in command of the flight is authorised by the operator or the operator’s Part 142 operator to conduct the supervision of the person.

 (3) For paragraph (1)(c), this subregulation applies to the flight if:

 (a) the person is supervised by a flight instructor or flight examiner; and

 (b) the person is not receiving flight training.

61.100  Definition of flight time as flight engineer for Part 61

  A person’s flight time as a flight engineer is:

 (a) if the person is a flight engineer—the duration of a flight during which the person performs the duties of a flight engineer; and

 (b) if the person is a flight engineer instructor—the duration of a flight during which the person exercises the privileges of his or her flight engineer instructor rating; and

 (c) if the person is a flight engineer examiner—the duration of a flight during which the person exercises the privileges of his or her flight engineer examiner rating; and

 (d) if the person is the holder of a cruise relief flight engineer type rating—any time spent performing the duties of a flight engineer during flight.

61.105  Definition of instrument flight time for Part 61

 (1) A person’s instrument flight time is:

 (a) for the holder of an authorisation mentioned in subregulation (2) other than a flight instructor or flight examiner—any time spent piloting an aircraft solely by reference to instruments and without external visual reference points in IMC or simulated IMC; and

 (b) for a person who does not hold an authorisation mentioned in subregulation (2)—any dual instrument flight time; and

 (c) for a flight instructor—any time spent conducting training mentioned in regulation 61.1165, or a flight review, during dual instrument flight time in IMC; and

 (d) for a flight examiner—any time spent conducting a flight test or proficiency check during instrument flight time in IMC.

 (2) For paragraph (1)(a), the authorisations are as follows:

 (a) an instrument rating;

 (b) a private instrument rating;

 (c) for flight in an aeroplane or poweredlift aircraft—an air transport pilot licence;

 (d) for flight in an aeroplane—a multicrew pilot licence.

61.110  Definition of instrument ground time for Part 61

  A person’s instrument ground time is:

 (a) for the holder of an authorisation mentioned in subregulation 61.105(2) other than a simulator instructor or flight examiner—any time spent conducting simulated flight in a flight simulation training device solely by reference to instruments and without simulated external visual reference points; and

 (b) for a person who does not hold an authorisation mentioned in subregulation 61.105(2)—any dual instrument ground time.

Division 61.A.3Performing flight crew duties without licence, rating or endorsement

Subdivision 61.A.3.1Student pilots

61.112  Flying as a student pilot

 (1) Subject to regulations 61.113 to 61.115, a person who does not hold a pilot licence is authorised to pilot an aircraft if:

 (a) the pilot in command of the aircraft is a flight instructor and the flight is for the purpose of the person receiving flight training; or

 (b) the flight is for a flight test for a pilot licence, or a rating or endorsement on a pilot licence, for the person; or

 (c) the flight is:

 (i) approved by, and conducted under the supervision of, a flight instructor authorised by a Part 141 or 142 operator to conduct the supervision; and

 (ii) conducted under the VFR; and

 (iii) conducted in accordance with the flight instructor’s approval.

 (2) Subject to regulations 61.113 to 61.115, the holder of a recreational pilot licence is authorised to pilot a recreational aircraft under the VFR at night, or a nonrecreational aircraft, if:

 (a) the pilot in command of the aircraft is a flight instructor and the flight is for the purpose of receiving flight training; or

 (b) the flight is for a flight test for another pilot licence or a rating or endorsement on a pilot licence; or

 (c) the flight is:

 (i) approved by, and conducted under the supervision of, a flight instructor authorised by a Part 141 or 142 operator to conduct the supervision; and

 (ii) conducted under the VFR; and

 (iii) conducted in accordance with the flight instructor’s approval.

 (3) For subparagraphs (1)(c)(i) and (2)(c)(i), a flight is conducted under the supervision of a flight instructor if the instructor:

 (a) provides guidance to the person in relation to the flight; and

 (b) during the flight:

 (i) is on board the aircraft; or

 (ii) is at the aerodrome from which the flight began; or

 (iii) is flying within 15 nautical miles of the aerodrome reference point for the aerodrome from which the flight began; and

 (c) can be contacted during the flight by radio or other electronic means.

 (4) For regulations 61.405 to 61.415 (which are about medical requirements), piloting an aircraft in accordance with subregulation (3) does not constitute the exercise of the privileges of a pilot licence.

Note: A person authorised to pilot an aircraft by this regulation is a student pilot: see Part 1 of the Dictionary.

61.113  General requirements for student pilots

 (1) A student pilot is authorised to conduct a solo flight in an aircraft only if the student pilot:

 (a) has an ARN; and

 (b) is at least 15.

 (2) A student pilot is not authorised to pilot an aircraft carrying passengers.

 (3) A student pilot is authorised to pilot an aircraft on a solo flight in another Contracting State’s airspace only if the student pilot has the permission (however described) of the Contracting State.

 (4) A student pilot is not authorised to pilot an aircraft other than a registered aircraft.

61.114  Solo flights—medical requirements for student pilots

 (1) Subregulation (2) applies to:

 (a) the conduct of a solo flight in an aircraft other than a recreational aircraft; or

 (b) the conduct of a solo flight in a recreational aircraft under the VFR at night.

 (2) A student pilot is authorised to conduct the flight only if:

 (a) the student pilot:

 (i) holds a class 1 or 2 medical certificate; and

 (ii) carries the medical certificate on the flight; or

 (b) the student pilot:

 (i) holds a medical exemption for the flight; and

 (ii) carries a copy of the exemption on the flight.

 (3) Subregulation (4) applies to the conduct of a solo flight in a recreational aircraft by day, other than by the holder of a recreational pilot licence.

 (4) A student pilot is authorised to conduct the flight only if:

 (a) the student pilot:

 (i) holds a class 1 or 2 medical certificate; and

 (ii) carries the medical certificate on the flight; or

 (b) the student pilot:

 (i) holds a current recreational aviation medical practitioner’s certificate; and

 (ii) meets the requirements mentioned in subregulation (5); or

 (c) the student pilot:

 (i) holds a medical exemption for the flight; and

 (ii) carries a copy of the exemption on the flight.

 (5) For subparagraph (4)(b)(ii), the requirements are as follows:

 (a) the student pilot must have:

 (i) given CASA a copy of his or her recreational aviation medical practitioner’s certificate; and

 (ii) received from CASA a written acknowledgement of the receipt of the copy;

 (b) the student pilot must carry both of the following on the flight:

 (i) a copy of the certificate;

 (ii) a copy of the acknowledgement mentioned in subparagraph (a)(ii);

 (c) the student pilot must comply with any limitations or conditions stated on the certificate;

 (d) the student pilot must meet the modified Austroads medical standards.

Note: For when a person meets the modified Austroads medical standards, see regulation 67.262.

 (6) In this regulation:

current: a recreational aviation medical practitioner’s certificate for a student pilot is current for the shortest of the following periods:

 (a) the period beginning on the day the certificate is signed by the medical practitioner and ending 24 months after that day;

 (b) if, when the student pilot conducts a solo flight the student pilot is at least 65—the period beginning on the day the certificate is signed by the medical practitioner and ending 12 months after that day;

 (c) if the certificate states the period for which it applies—the period beginning on the day the certificate is signed by the medical practitioner and ending at the end of the stated period.

61.115  Solo flights—recent experience requirements for student pilots

 (1) A student pilot is authorised to conduct a solo flight in an aircraft only if:

 (a) the student pilot has, within the previous 14 days and in the same type of aircraft, successfully completed a dual flight check; and

 (b) as a result of the flight, his or her solo flight time since he or she last successfully completed a dual flight check would not exceed 3 hours.

 (2) However, paragraph (1)(b) does not apply to the student pilot if the student pilot is enrolled in an integrated training course.

61.116  Student pilots authorised to taxi aircraft

  A student pilot is authorised to taxi an aircraft if the student pilot is approved to taxi the aircraft by a flight instructor.

Note: See regulation 229 of CAR for an offence relating to taxiing aircraft without being authorised to do so.

61.117  Identity checks—student pilots

 (1) CASA may, by written notice given to a student pilot, require the student pilot to provide evidence of his or her identity in accordance with paragraph 6.57(1)(a) of the Aviation Transport Security Regulations 2005.

 (2) The student pilot commits an offence if:

 (a) CASA has not told the student pilot, in writing, that he or she has complied with the requirement; and

 (b) the student pilots an aircraft.

Penalty: 50 penalty units.

 (3) An offence against this regulation is an offence of strict liability.

61.118  Production of medical certificates etc. and identification—student pilots

 (1) CASA may direct a student pilot to produce any or all of the following documents for inspection by CASA:

 (a) unless the student pilot holds a medical exemption to conduct a solo flight—the student pilot’s medical certificate or recreational aviation medical practitioner’s certificate;

 (b) a document that includes a photograph of the student pilot showing the student’s full face and his or her head and shoulders:

 (i) that was issued within the previous 10 years by the government, or a government authority, of:

 (A) the Commonwealth or a State or Territory; or

 (B) a foreign country, or a state or province (however described) of a foreign country; and

 (ii) that has not expired or been cancelled.

 (2) The student pilot commits an offence if:

 (a) CASA directs the student pilot to produce a document under subregulation (1); and

 (b) the student pilot does not produce the document before the earlier of the following:

 (i) when the student pilot next conducts a solo flight;

 (ii) within 7 days after the direction is given.

Penalty: 50 penalty units.

 (3) An offence against this regulation is an offence of strict liability.

Subdivision 61.A.3.2Other circumstances in which flight crew duties may be performed without licence, rating or endorsement

61.119  Flying without licence—flight engineer duties

  A person who does not hold a flight engineer licence is authorised to perform the duties of a flight engineer in a registered aircraft while:

 (a) receiving flight training from a flight engineer instructor; or

 (b) taking a flight test for a flight engineer licence or a flight crew rating or endorsement on a flight engineer licence.

61.120  Operation of aircraft radio without licence

  A person who does not hold a flight crew licence, or who holds a recreational pilot licence but does not hold a flight radio endorsement, is authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation if:

 (a) the transmission is made while receiving training for a flight crew licence or flight radio endorsement; and

 (b) the transmission is approved by an instructor; and

 (c) the transmission is for the purpose of:

 (i) safely conducting a flight that is approved by a flight instructor; or

 (ii) receiving training in the use of an aircraft radio.

Note: A person is prohibited from transmitting on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation unless the person is qualified to do so: see regulation 83 of CAR.

61.125  Conducting flight activities without rating or endorsement

 (1) A person who holds a pilot licence, but does not hold a rating or endorsement for the conduct of an activity for which a rating or endorsement is required under this Part, is authorised to conduct the activity if:

 (a) the activity is conducted while:

 (i) receiving flight training for the rating or endorsement; or

 (ii) taking a flight test for the rating or endorsement; or

 (iii) meeting the aeronautical experience requirements for the rating or endorsement; and

 (b) the activity is approved by, and conducted under the supervision of, a flight instructor.

 (2) A person who holds a flight engineer licence, but does not hold a rating or endorsement for the conduct of an activity for which a rating or endorsement is required under this Part, is authorised to conduct the activity if:

 (a) the activity is conducted while:

 (i) receiving flight training for the rating or endorsement; or

 (ii) taking a flight test for the rating or endorsement; or

 (iii) meeting the aeronautical experience requirements for the rating or endorsement; and

 (b) the activity is approved by, and conducted under the supervision of, a flight engineer instructor.

61.126  Conducting flight activities without having met proficiency check or flight review

 (1) A person who holds a flight crew licence, but has not met the proficiency check requirements for the conduct of an activity for which a proficiency check is required under this Part, is authorised to conduct the activity while the person undertakes the proficiency check.

 (2) A person who holds a flight crew licence, but has not met the flight review requirements for the conduct of an activity for which a flight review is required under this Part, is authorised to conduct the activity while the person undertakes the flight review.

61.130  Operation of helicopter using auto flight control system without licence or rating

 (1) This regulation applies to a person who, apart from this regulation, would not be authorised under this Part to pilot a helicopter.

 (2) The person is authorised to pilot the helicopter using the helicopter’s auto flight control system if:

 (a) the person is approved to do so by the helicopter’s:

 (i) operator; and

 (ii) pilot in command; and

 (b) the person does so under the supervision of the pilot in command.

61.135  Authorisation to conduct flight training or flight test without holding type rating

 (1) An instructor may apply to CASA, in writing, for authorisation to conduct training for the grant of a pilot type rating or flight engineer type rating in an aircraft for which the instructor does not hold the rating.

 (2) An examiner may apply to CASA, in writing, for authorisation to conduct a flight test required for the grant of a pilot type rating or flight engineer type rating for an aircraft for which the examiner does not hold:

 (a) the pilot type rating or flight engineer type rating; or

 (b) a training endorsement; or

 (c) a flight test endorsement.

 (3) Subject to regulation 11.055, CASA must grant the authorisation.

 (4) Subject to regulations 141.050 and 142.050, if CASA grants the authorisation, the person is authorised to conduct the training or flight test in accordance with the authorisation.

61.140  Authorisation to test aircraft without holding type rating

 (1) The holder of a flight crew licence may apply to CASA, in writing, for authorisation to act as a flight crew member of an aircraft for which the person does not hold a pilot type rating or flight engineer type rating during a flight conducted for the purpose of:

 (a) testing the aircraft; or

 (b) conducting an experiment in relation to the aircraft.

 (2) Subject to regulation 11.055, CASA must grant the authorisation.

 (3) If CASA grants the authorisation, the person is authorised to act as a flight crew member during the flight in accordance with the authorisation.

61.145  Piloting glider without holding glider pilot licence

 (1) A person is authorised to pilot a glider without holding a glider pilot licence if the person:

 (a) holds an authorisation, granted by a glider organisation, that permits the holder to pilot a glider or motorised glider as pilot in command; and

 (b) operates the glider in accordance with the organisation’s operations manual.

 (2) A person (a student pilot) is authorised to pilot a glider without holding a glider pilot licence if:

 (a) the pilot in command of the glider holds an authorisation from a glider organisation that permits the holder to conduct training and assessment in a glider; and

 (b) the flight is for the purpose of training, or assessing the competency of, the student pilot to pilot a glider; and

 (c) the student pilot meets the requirements (if any) set out in the glider organisation’s operations manual for a student pilot conducting a flight.

 (3) A person (a student pilot) is authorised to pilot a glider without holding a glider pilot licence if:

 (a) the flight is:

 (i) approved by, and conducted under the supervision of, a pilot who holds an authorisation from a glider organisation that permits the holder to conduct training and assessment in a glider (the glider instructor); and

 (ii) conducted under the VFR; and

 (iii) conducted in accordance with the glider instructor’s approval; and

 (b) the student pilot meets the requirements (if any) set out in the glider organisation’s operations manual for a student pilot conducting a flight.

 (4) In this regulation:

glider organisation means a recreational aviation administration organisation that administers glider activities.

Subpart 61.BGrant of flight crew licences, ratings and endorsements

Division 61.B.1General

61.150  People who may grant flight crew licences, ratings and endorsements

 (1) CASA may grant any flight crew licence, rating or endorsement.

 (2) Subject to subregulation (8) and regulation 61.1265, a flight examiner may grant the following:

 (a) a rating on a pilot licence, other than:

 (i) an aircraft category rating; or

 (ii) a flight examiner rating; or

 (iii) a cruise relief flight engineer type rating;

 (b) an endorsement on a pilot licence, other than a flight test endorsement.

 (3) Subject to subregulation (8) and regulations 61.1175 and 61.1200, a pilot instructor may grant an endorsement on a pilot licence, other than:

 (a) a flight examiner endorsement; or

 (b) a training endorsement mentioned in Part 1 or 2 of table 61.1235; or

 (c) an endorsement for which a flight test is required under this Part.

 (4) Subject to subregulation (8) and regulation 61.1455, a flight engineer examiner may grant the following:

 (a) a rating on a flight engineer licence, other than a flight engineer examiner rating;

 (b) an endorsement on a flight engineer licence, other than a flight engineer flight test endorsement;

 (c) a cruise relief flight engineer type rating.

 (5) Subject to subregulation (8) and regulation 61.1405, a flight engineer instructor may grant a flight engineer training endorsement.

 (6) Subject to subregulation (8) and the limitations (if any) of the person’s approval, the holder of an approval under regulation 141.035 or 142.040 (an approval holder) may grant a flight crew endorsement for which the holder is approved to conduct flight training.

 (7) Subject to subregulation (8) and the limitations (if any) of the person’s approval, the holder of an approval under regulation 61.040 (also an approval holder) may grant the following:

 (a) a flight crew rating, other than an examiner rating;

 (b) a flight crew endorsement, other than a flight test endorsement or a flight engineer flight test endorsement.

 (8) An examiner, instructor or approval holder cannot grant a flight crew rating or endorsement to a person if the person is taken to meet the requirements for the rating or endorsement under:

 (a) regulation 61.275 (Overseas flight crew authorisations—recognition); or

 (b) regulation 61.285 (Australian Defence Force qualifications—recognition).

Note: A flight crew licence, rating or endorsement granted under a bilateral agreement may only be granted by CASA: see regulation 61.280.

61.155  Applications for flight crew licences, ratings and endorsements

 (1) An application for a flight crew licence, rating or endorsement must be made to a person who may grant the licence, rating or endorsement.

Note: See Subpart 11.B, in particular, regulation 11.030, about applications for authorisations.

 (2) The application must:

 (a) be in writing; and

 (b) if the application is for a pilot licence—include an application for an aircraft category rating.

 (2A) Subregulation (2B) applies if the application is for a flight crew licence and the applicant has not:

 (a) applied to CASA for another flight crew licence in the previous 10 years and submitted with the application a photograph of the applicant; or

 (b) given to CASA, within the previous 10 years, a photograph of the applicant in response to a direction or request in writing by CASA to the applicant.

 (2B) The applicant must also submit to CASA a recent photograph of the applicant, showing the applicant’s full face and his or her head and shoulders.

 (3) If the requirements for the grant of a flight crew licence, rating or endorsement (the second authorisation) include a requirement that the applicant hold, or be eligible for, another flight crew licence, rating or endorsement (the first authorisation), a person may:

 (a) apply for the first and second authorisations at the same time; or

 (b) apply for the second authorisation at any time after applying for the first authorisation, whether or not the first authorisation has been granted before the person applies for the second authorisation.

61.160  Grant of flight crew licences

  Subject to regulation 11.055, CASA must grant a flight crew licence to an applicant for the licence if:

 (a) the application complies with regulation 61.155; and

 (b) the applicant:

 (i) meets the requirements mentioned in this Part for the grant of the licence; and

 (ii) for a flight crew licence other than a recreational pilot licence—has a current aviation English language proficiency assessment; and

 (iii) for a recreational pilot licence—meets the general English language proficiency requirements mentioned in regulation 61.265.

Note: Despite anything in these Regulations, CASA is not to issue a flight crew licence to an applicant unless certain requirements are met: see regulation 6.57 of the Aviation Transport Security Regulations 2005.

61.165  Grant of flight crew ratings

  Subject to regulation 11.055, CASA, or an examiner or an approval holder within the meaning of regulation 61.150, must grant a flight crew rating to an applicant for the rating if:

 (a) the application complies with regulation 61.155; and

 (b) for an application to an examiner or approval holder—the examiner or approval holder may, under regulation 61.150, grant the rating; and

 (c) the applicant meets the requirements mentioned in this Part for the grant of the rating.

61.170  Grant of flight crew endorsements

  Subject to regulation 11.055, CASA, or an examiner, instructor or an approval holder within the meaning of regulation 61.150, must grant a flight crew endorsement to an applicant for the endorsement if:

 (a) the application complies with regulation 61.155; and

 (b) for an application to an examiner, instructor or approval holder—the examiner, instructor or approval holder may, under regulation 61.150, grant the endorsement; and

 (c) the applicant meets the requirements mentioned in this Part for the grant of the endorsement.

61.175  How CASA issues flight crew licences, ratings and endorsements

 (1) Subregulation (2) applies if:

 (a) CASA grants a flight crew licence to a person under regulation 61.160; and

 (b) the person does not already hold a flight crew licence.

 (2) For subregulation (1), CASA must issue to the person a document (the licence document) indicating that the person is authorised to exercise the privileges of:

 (a) the flight crew licence; and

 (b) if, at the same time, CASA also grants a flight crew rating or endorsement to the person under regulation 61.165 or 61.170—the rating or endorsement.

 (3) Subregulation (4) applies if:

 (a) CASA grants a flight crew licence (the new licence) to a person under regulation 61.160; and

 (b) the person already holds a flight crew licence (the existing licence).

 (4) For subregulation (3), CASA must issue to the person a new licence document indicating that the person is authorised to exercise the privileges of:

 (a) the new licence; and

 (b) the existing licence; and

 (c) any flight crew ratings and endorsements that the person already holds or that CASA grants at the same time as the new licence.

 (5) Subregulation (6) applies if:

 (a) CASA grants a flight crew rating or endorsement to a person under regulation 61.165 or 61.170, other than a rating or endorsement granted at the same time as a flight crew licence; and

 (b) the person already holds a flight crew licence.

 (6) For subregulation (5), CASA must endorse the person’s licence document to the effect that the person is authorised to exercise the privileges of the rating or endorsement.

61.180  How examiner, instructor or approval holder issues rating or endorsement

 (1) If an examiner or approval holder grants a flight crew rating to a person under regulation 61.165, the examiner or approval holder must:

 (a) endorse the person’s licence document to the effect that the person is authorised to exercise the privileges of the rating; and

 (b) give CASA a written notice that the person has met the requirements mentioned in this Part for the grant of the rating.

 (2) If an examiner, instructor or approval holder grants a flight crew endorsement to a person under regulation 61.170, the examiner, instructor or approval holder must:

 (a) endorse the person’s licence document to the effect that the person is authorised to exercise the privileges of the endorsement; and

 (b) give CASA a written notice that the person has met the requirements mentioned in this Part for the grant of the endorsement.

 (3) An examiner, instructor or approval holder commits an offence if he or she contravenes subregulation (1) or (2).

Penalty: 50 penalty units.

 (4) If CASA is satisfied that the rating or endorsement was issued in error, CASA must cancel the rating or endorsement.

 (5) An offence against this regulation is an offence of strict liability.

61.185  New licence document if licence, rating or endorsement cancelled

 (1) This regulation applies if:

 (a) a flight crew licence, rating or endorsement is cancelled under Part 16 of CAR or Subpart 11.D; and

 (b) the holder of the licence, rating or endorsement holds a licence that is not cancelled (the continuing licence).

 (2) CASA must issue to the holder a new licence document indicating that the holder is authorised to exercise the privileges of:

 (a) the continuing licence; and

 (b) any ratings or endorsements that the holder continues to hold.

61.190  Licence holder to comply with limitations and requirements of Part 61

  It is a condition of a flight crew licence, rating or endorsement that the holder must comply with:

 (a) the limitations on the exercise of the privileges of the licence, rating or endorsement set out in this Part; and

 (b) the requirements set out in this Part that apply to the holder.

Division 61.B.2Flight training and other training

61.195  Flight training requirements

 (1) Subregulation (2) applies to flight training for:

 (a) a flight crew licence; or

 (b) a flight crew rating; or

 (c) a flight crew endorsement, other than a design feature endorsement or a flight activity endorsement.

Note: For training, other than flight training, see regulation 61.210.

 (2) For subregulation (1), a requirement in this Part for an applicant for a flight crew licence, rating or endorsement to have completed flight training for the licence, rating or endorsement is met only if:

 (a) the applicant has received training in all the units of competency mentioned in the Part 61 Manual of Standards for the licence, rating or endorsement; and

 (b) the training is conducted by:

 (i) an instructor for a Part 141 or 142 operator that is authorised to conduct flight training for the licence, rating or endorsement; or

 (ii) the holder of an approval under regulation 141.035 or 142.040 to conduct the training; and

 (c) the applicant has been assessed as competent in each unit of competency by the instructor or approval holder; and

 (d) for flight training for the grant of an aircraft class rating or type rating—the training is conducted in accordance with regulation 61.205; and

 (e) the applicant’s training provider has given the applicant a course completion certificate indicating that the requirements of paragraphs (a) and (c) have been met.

 (3) Subregulation (4) applies to flight training for a design feature endorsement or a flight activity endorsement.

 (4) For subregulation (3), a requirement in this Part for an applicant for a flight crew endorsement to have completed flight training for the endorsement is met only if:

 (a) the applicant has received training in all the units of competency mentioned in the Part 61 Manual of Standards for the endorsement; and

 (b) the training is conducted by:

 (i) an instructor; or

 (ii) the holder of an approval under regulation 61.040 to conduct the training; and

 (c) the applicant has been assessed as competent in each unit of competency by the instructor or approval holder.

 (5) For paragraphs (2)(c) and (4)(c), the assessment must be conducted against the standards mentioned in the Part 61 Manual of Standards for the licence, rating or endorsement.

61.200  Differences training requirements

  A requirement in this Part for the holder of a type rating to have completed differences training for a variant of the aircraft type covered by the rating is met only if:

 (a) the holder has received training in all the units of competency mentioned in the Part 61 Manual of Standards for the rating that are necessary to ensure that the holder is able to exercise the privileges of the rating as safely as the holder would have been able to, had the holder undertaken the flight training for the rating in the variant; and

 (b) the training is conducted by:

 (i) an instructor for a Part 141 or 142 operator that is authorised to conduct differences training for the variant; or

 (ii) the holder of an approval under regulation 141.035 or 142.040 to conduct the training; and

 (c) the holder has been assessed by the instructor or approval holder as competent to exercise the privileges of the rating as safely as the holder would have been able to, had the holder undertaken the flight training for the rating in the variant; and

 (d) the training is conducted in accordance with regulation 61.205; and

 (e) the applicant’s training provider has given the applicant a course completion certificate indicating that the requirements of paragraphs (a) and (c) have been met.

61.205  When training must not be conducted in aircraft

 (1) For paragraphs 61.195(2)(d), 61.200(d) and 61.747(3)(c), the training must not be conducted in an aircraft with a maximum certificated passenger seating capacity of more than 9 if:

 (a) there is an approved flight simulator for the training available in Australia; or

 (b) for a rating that applies only to an aircraft with a maximum certificated passenger seating capacity of more than 19 or a maximum certificated takeoff weight of more than 8 618 kg—there is an approved flight simulator for the training available outside Australia.

 (2) In this regulation:

available, for training, means able to be used for the training.

61.210  Other approved courses of training or professional development

 (1) A requirement in this Part for a student pilot or an applicant for a flight crew licence, rating or endorsement to have completed an approved course of training or professional development is met only if:

 (a) for a course that is approved under regulation 61.040—the student or applicant:

 (i) has received training in all the units of competency mentioned in the Part 61 Manual of Standards for the course; and

 (ii) has been assessed as competent by the person conducting the course against the standards mentioned in the Part 61 Manual of Standards for the course; or

 (b) for a course that is conducted by a Part 141 or 142 operator—the student or applicant:

 (i) has received training in all the units of competency mentioned in the course’s syllabus; and

 (ii) has been assessed by a person mentioned in subregulation (2) as competent against the standards mentioned in the course’s syllabus.

 (2) For subparagraph (1)(b)(ii), the persons are as follows:

 (a) the head of operations of the Part 141 or 142 operator that conducted the training;

 (b) an instructor who is authorised by the head of operations to conduct the assessment;

 (c) the holder of an approval under regulation 141.035 or 142.040 to conduct the training.

Division 61.B.3Aeronautical knowledge examinations

61.215  Aeronautical knowledge examinations—general

 (1) CASA may set aeronautical knowledge examinations for the grant of a flight crew licence, rating or endorsement in accordance with the aeronautical knowledge standards mentioned in the Part 61 Manual of Standards for the licence, rating or endorsement.

 (2) A Part 141 or 142 operator may set aeronautical knowledge examinations for the grant of:

 (a) a recreational pilot licence; or

 (b) a flight crew rating other than an instrument rating; or

 (c) a flight crew endorsement.

 (3) However, a Part 141 or 142 operator may set an aeronautical knowledge examination only if:

 (a) the examination is set in accordance with the aeronautical knowledge standards mentioned in the Part 61 Manual of Standards for the licence, rating or endorsement; and

 (b) the operator holds an approval under regulation 61.040 for the examination.

 (4) The examinations may be conducted at the times and places, and in accordance with arrangements, decided by the body setting the examination.

61.220  Aeronautical knowledge examinations—air transport pilot licence

  To be eligible to sit the aeronautical knowledge examination for an air transport pilot licence with a particular aircraft category rating, an applicant must:

 (a) hold a commercial pilot licence with that rating; or

 (b) have passed the aeronautical knowledge examination for a commercial pilot licence with that rating; or

 (c) hold an approval under regulation 61.040 to sit the examination.

61.225  Aeronautical knowledge examinations—pass standards

 (1) A requirement in this Part for a person to have passed an aeronautical examination for a flight crew licence, rating or endorsement is met if the person meets the standards mentioned in the Part 61 Manual of Standards for the examination.

 (2) However, a person is taken to have passed an aeronautical knowledge examination only if the person passes all parts of the examination within a period of 2 years.

 (3) If on 3 occasions a person attempts, but fails to pass, an aeronautical knowledge examination, or a part of an examination, the person is not permitted to attempt the examination or part again within 3 months beginning on the day the person attempts the examination or part for the third time.

 (4) If on 4 occasions a person attempts, but fails to pass, an aeronautical knowledge examination, or a part of an examination, the person is not permitted to attempt the examination or part again until CASA is satisfied that the person has completed appropriate training.

61.230  Aeronautical knowledge examinations—knowledge deficiency reports

 (1) This regulation applies if a candidate for an aeronautical knowledge examination:

 (a) passes the examination with a score of less than 100%; or

 (b) fails the examination with a score of at least 51%.

 (2) The body that conducts the examination must:

 (a) prepare a report about the competency standards in which the candidate’s knowledge is deficient; and

 (b) give a copy of the report to the candidate; and

 (c) if the examination was not conducted by the candidate’s training provider—give a copy of the report to the candidate’s training provider.

Division 61.B.4Flight tests

61.235  Flight tests for flight crew licences and ratings—prerequisites

Flight crew licence prerequisites

 (1) Subregulation (2) applies to an applicant for a flight crew licence, other than an applicant who is eligible for the licence under subregulation 61.275(1) (Overseas flight crew authorisations—recognition).

 (2) For subregulation (1), the applicant is eligible to take a flight test for the licence only if:

 (a) the applicant:

 (i) is at least the minimum age to hold the licence; and

 (ii) has passed the aeronautical knowledge examination for the licence; and

 (iii) has met the flight training requirements for the grant of the licence; and

 (iv) has met the aeronautical experience requirements for the grant of the licence; and

 (v) for a flight crew licence other than a recreational pilot licence—has a current aviation English language proficiency assessment; and

 (vi) for a recreational pilot licence—meets the general English language proficiency requirements mentioned in regulation 61.265; and

 (aa) for a flight crew licence other than an air transport pilot licence—a person mentioned in subregulation (5), (6) or (7) has certified in writing that the applicant has met the requirements mentioned in paragraph (a); and

 (b) if the applicant passed the aeronautical knowledge examination for the licence with a score of less than 100%:

 (i) the applicant’s training provider has given the examiner who is to conduct the applicant’s flight test a copy of the applicant’s knowledge deficiency report; and

 (ii) the applicant satisfies the examiner that the applicant has sufficient knowledge in any competency standard mentioned in the knowledge deficiency report to safely exercise the privileges of the licence; and

 (c) if the flight test is to be conducted in an aircraft:

 (i) the applicant holds a current medical certificate of the class required for the exercise of the privileges of the licence; or

 (ii) if the test is for a recreational pilot licence—the applicant holds a current recreational aviation medical practitioner’s certificate; or

 (iii) the applicant holds a medical exemption for the exercise of the privileges of the licence.

Flight crew rating prerequisites

 (3) Subregulation (4) applies to an applicant for a flight crew rating, other than an applicant who is eligible for the rating under subregulation 61.275(2) or (3).

 (4) For subregulation (3), the applicant is eligible to take a flight test for the rating only if:

 (a) a person mentioned in subregulation (5), (6) or (7) has certified in writing that the applicant:

 (i) if the application is for an operational rating—has passed the aeronautical knowledge examination for the rating; and

 (ii) has met the flight training requirements for the grant of the rating; and

 (iii) has met the aeronautical experience requirements for the rating; and

 (b) if the test is to be conducted in an aircraft:

 (i) the applicant holds a current class 1 or 2 medical certificate or recreational aviation medical practitioner’s certificate; or

 (ii) the applicant holds a medical exemption for the exercise of the privileges of the licence.

 (5) For paragraphs (2)(aa) and (4)(a), if the applicant’s training provider is a Part 141 operator, the person is:

 (a) the operator’s head of operations; or

 (b) a person named in the operator’s operations manual as responsible for the flight training to which the flight test relates.

 (6) For paragraphs (2)(aa) and (4)(a), if the applicant’s training provider is a Part 142 operator, the person is:

 (a) the operator’s head of operations; or

 (b) a person named in the operator’s exposition as responsible for the flight training to which the flight test relates.

 (7) For paragraphs (2)(aa) and (4)(a), if the applicant’s training provider is the holder of an approval under regulation 141.035 or 142.040 to conduct the training, the person is the approval holder.

61.240  Consequences of taking flight test when ineligible

  An applicant for a flight crew licence or rating is taken not to have passed a flight test if, when the applicant took the flight test, the applicant was not eligible under regulation 61.235 to take the flight test.

61.245  Conduct of flight tests for flight crew licences, ratings and endorsements

 (1) The flight test for a flight crew licence, rating or endorsement must be conducted in:

 (a) an aircraft or an approved flight simulator for the purpose; and

 (b) if the flight test is for a rating or endorsement that is limited to a particular category, class or type of aircraft:

 (i) an aircraft of that category, class or type; or

 (ii) an approved flight simulator for that category, class or type of aircraft that is appropriate for the flight test.

 (2) However, the flight test for an aircraft class rating or type rating must not be conducted in an aircraft with a maximum certificated passenger seating capacity of more than 9 if:

 (a) there is an approved flight simulator for the flight test available in Australia; or

 (b) for a rating that applies only to an aircraft with a maximum certificated passenger seating capacity of more than 19 or a maximum certificated takeoff weight of more than 8 618 kg—there is an approved flight simulator for the flight test available outside Australia.

 (3) The flight test must be conducted by an examiner or the holder of an approval under regulation 61.040 to conduct the flight test (the Part 61 approval holder) who:

 (a) is nominated by the applicant’s training provider; and

 (b) for a flight test for a flight crew licence other than a recreational or private pilot licence—is not the person who provided the certification under paragraph 61.235(2)(aa) (Flight tests for flight crew licences and ratings—prerequisites) for the applicant.

 (4) However, at any time before the test begins, CASA may, by written notice to the training provider and, if the training provider has nominated an examiner or Part 61 approval holder to conduct the flight test, the examiner or Part 61 approval holder:

 (a) nominate a different examiner or Part 61 approval holder to conduct the flight test; or

 (b) require that CASA will conduct the flight test.

 (5) In this regulation:

available, for a flight test, means able to be used for the flight test.

61.250  Pass standards for flight tests

  An applicant for a flight crew licence, rating or endorsement passes the flight test for the licence, rating or endorsement if the examiner assesses the applicant’s performance in the flight test as meeting the competency standards mentioned in the Part 61 Manual of Standards for the flight test.

Division 61.B.5English language proficiency

61.255  Aviation English language proficiency assessments

 (1) A person may apply, in writing, to CASA or an examiner for an assessment of the person’s aviation English language proficiency.

 (2) The applicant passes the assessment if CASA or the examiner is satisfied that the applicant meets the ICAO level 6 aviation English language proficiency standards mentioned in the Part 61 Manual of Standards.

 (3) If CASA or the examiner is not satisfied that the applicant meets the ICAO level 6 aviation English language proficiency standards mentioned in the Part 61 Manual of Standards, CASA or the examiner must refer the application to an aviation English language proficiency assessor.

 (4) The applicant passes the assessment if the assessor is satisfied that the applicant meets the ICAO level 4, 5 or 6 aviation English language proficiency standards mentioned in the Part 61 Manual of Standards.

61.260  Duration of English language proficiency assessments

  A person’s aviation English language proficiency assessment is current as follows:

 (a) if the person was assessed as meeting the ICAO level 6 aviation English language proficiency standards—indefinitely;

 (b) if the person was assessed as meeting the ICAO level 5 aviation English language proficiency standards—for 6 years beginning on the day the assessment is conducted;

 (c) if the person was assessed as meeting the ICAO level 4 aviation English language proficiency standards—for 3 years beginning on the day the assessment is conducted.

61.265  Recreational pilot licences—general English language proficiency

 (1) For subparagraph 61.160(b)(iii), an applicant for a recreational pilot licence must:

 (a) have been assessed by CASA or an examiner as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards; or

 (b) satisfy a person mentioned in subregulation (2) that the applicant:

 (i) has successfully completed one of the general English language proficiency tests mentioned in the Part 61 Manual of Standards; and

 (ii) has sufficient general English language proficiency to safely exercise the privileges of the licence.

 (2) For paragraph (1)(b), the persons are as follows:

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

 (b) an instructor who is authorised by the head of operations to assess the applicant’s English language proficiency.

61.270  Approval of language proficiency assessors

 (1) A person may apply to CASA, in writing, for approval to conduct aviation English language proficiency assessments.

 (2) Subject to regulation 11.055, CASA must grant the approval if CASA is satisfied that the person has successfully completed an approved course of training in assessment of aviation English language.

Division 61.B.6Recognition of overseas flight crew authorisations

61.275  Overseas flight crew authorisations—recognition

 (1) Despite anything else in this Part, the holder of an overseas flight crew licence (the applicant) is taken to meet the requirements under this Part for the grant of a flight crew licence (an Australian licence) with an aircraft category rating if:

 (a) CASA is satisfied that the overseas flight crew licence and any ratings on that licence are at least equivalent to the Australian licence with that aircraft category rating; and

 (b) the applicant is at least the minimum age for the grant of the Australian licence; and

 (c) the applicant holds an authorisation to operate an aircraft radio granted by the national aviation authority of a Contracting State; and

 (d) either:

 (i) the applicant’s overseas licence states that the applicant meets the ICAO level 4, 5 or 6 aviation English language proficiency standards; or

 (ii) the applicant has a current aviation English language proficiency assessment; and

 (e) for an application for a commercial pilot licence, multicrew pilot licence or air transport pilot licence:

 (i) a person mentioned in subregulation (5) certifies in writing that the applicant is competent in each unit of competency mentioned in the Part 61 Manual of Standards for the Australian licence; and

 (ii) the applicant passes the flight test mentioned in the Part 61 Manual of Standards for the Australian licence; and

 (f) the applicant has passed the overseas conversion aeronautical knowledge examination mentioned in the Part 61 Manual of Standards for the Australian licence and aircraft category rating.

Note: Despite anything in these Regulations, CASA is not to issue a flight crew licence to an applicant unless certain requirements are met: see regulation 6.57 of the Aviation Transport Security Regulations 2005.

 (2) Despite anything else in this Part, the holder of an overseas flight crew licence (the applicant) is taken to meet the requirements under this Part for the grant of an aircraft class rating, pilot type rating or flight engineer type rating (an Australian rating) if:

 (a) the applicant holds, or has held, an overseas rating; and

 (b) CASA is satisfied that the overseas rating is at least equivalent to the Australian rating.

 (3) Despite anything else in this Part, the holder of an overseas flight crew licence (the applicant) is taken to meet the requirements under this Part for the grant of an operational rating (an Australian rating) if:

 (a) the applicant holds, or has held, an overseas rating; and

 (b) CASA is satisfied that the overseas rating is at least equivalent to the Australian rating; and

 (c) a person mentioned in subregulation (5) certifies in writing that the applicant is competent in each unit of competency mentioned in the Part 61 Manual of Standards for the Australian rating; and

 (d) the applicant passes the aeronautical knowledge examination for the Australian rating; and

 (e) CASA is satisfied that the applicant has completed the aeronautical experience required for the grant of the Australian rating; and

 (f) the applicant passes the flight test mentioned in the Part 61 Manual of Standards for the Australian rating.

 (4) Despite anything else in this Part, the holder of an overseas flight crew licence (the applicant) is taken to meet the requirements under this Part for the grant of a flight crew endorsement (an Australian endorsement) if:

 (a) the applicant holds, or has held, an overseas endorsement; and

 (b) CASA is satisfied that the overseas endorsement is at least equivalent to the Australian endorsement; and

 (c) if the requirements for the grant of the endorsement include passing a flight test—the applicant passes the flight test.

 (5) For subparagraph (1)(e)(i) and paragraph (3)(c), the persons are as follows:

 (a) the head of operations of a Part 141 or 142 operator that is authorised to conduct flight training for the Australian licence or rating;

 (b) a person named in the Part 141 operator’s operations manual, or the Part 142 operator’s exposition, as responsible for flight training for the licence or rating.

61.280  Grant of flight crew licences, ratings or endorsements under bilateral agreements

  CASA may grant a flight crew licence, rating or endorsement to the holder of an overseas flight crew licence in accordance with a bilateral agreement between Australia and the Contracting State whose licensing authority granted the overseas licence.

Note: The holder of a commercial pilot licence or an airline transport pilot licence granted by the Civil Aviation Authority of New Zealand is eligible for an equivalent Australian licence and equivalent ratings and other endorsements: see the TransTasman Mutual Recognition Act 1997.

Division 61.B.7Recognition of Australian Defence Force qualifications

61.285  Australian Defence Force qualifications—recognition

  Despite anything else in this Part, a member or former member of the Australian Defence Force is taken to meet the requirements under this Part for the grant of a flight crew licence, rating or endorsement, other than an examiner rating, if the member:

 (a) holds, or has held, a flight crew qualification granted by the Australian Defence Force that CASA is satisfied is at least equivalent to the licence, rating or endorsement; and

 (b) for a flight crew licence:

 (i) is at least the minimum age for the grant of the licence; and

 (ii) has a current aviation English language proficiency assessment; and

 (c) meets the aeronautical experience requirements for the licence, rating or endorsement; and

 (f) for an air transport pilot licence:

 (i) passes the Australian Defence Force conversion aeronautical knowledge examination for the air transport pilot licence mentioned in the Part 61 Manual of Standards; and

 (ii) completes an approved course of training in multicrew cooperation; and

 (iii) passes the flight test mentioned in the Part 61 Manual of Standards for the air transport pilot licence; and

 (g) for an instrument rating—passes:

 (i) the aeronautical knowledge examination for the rating; and

 (ii) the flight test mentioned in the Part 61 Manual of Standards for the rating; and

 (h) for an instructor rating—passes the flight test mentioned in the Part 61 Manual of Standards for the rating.

Subpart 61.CCertificates of validation

 

61.290  Grant of certificates of validation

 (1) The holder of an overseas flight crew licence may apply to CASA for the grant of a certificate of validation of the licence and any overseas rating or endorsement attached to the licence.

 (2) Subject to regulation 11.055, CASA must grant the certificate of validation if:

 (a) the applicant is authorised (however described) to exercise the privileges of the overseas flight crew licence and any rating or endorsement attached to the licence; and

 (b) the applicant has passed any examination or flight test that CASA has, under subregulation (4), determined is required for the applicant.

 (3) For paragraph (2)(a), if the overseas flight crew licence is equivalent to a commercial pilot licence, multicrew pilot licence or air transport pilot licence, CASA must verify with the issuing authority for the licence that the licence holder is authorised (however described) to exercise the privileges of the licence and any rating or endorsement attached to the licence.

 (4) For paragraph (2)(b), if it is necessary for an applicant to pass an examination or flight test to satisfy CASA that the applicant can safely exercise the privileges of the certificate of validation, CASA may determine that the examination or flight test is required for the applicant.

61.295  Privileges of certificates of validation

  Subject to regulations 61.300 and 61.305, the holder of a certificate of validation of an overseas flight crew licence, rating or endorsement that is equivalent to an Australian flight crew licence, rating or endorsement is authorised to conduct any activity that the holder of the equivalent Australian flight crew licence, rating or endorsement is authorised to conduct.

61.300  Limitations on exercise of privileges of certificates of validation—medical certificate

 (1) The holder of a certificate of validation of an overseas flight crew licence is authorised to conduct an activity mentioned in regulation 61.295 only if the holder also holds an overseas medical certificate mentioned in subregulation (2).

 (2) For subregulation (1), the medical certificate must be of at least the class required for the exercise of the privileges of the overseas flight crew licence by the Contracting State whose national aviation authority granted the licence to the holder.

61.305  Limitations on exercise of privileges of certificates of validation—recent experience, flight review and proficiency check

 (1) The holder of a certificate of validation for an overseas flight crew licence that is equivalent to an Australian pilot licence is authorised to pilot an aircraft only if the holder has complied with the recent experience requirements mentioned in regulation 61.395 for the exercise of the privileges of the Australian pilot licence.

 (2) The holder of a certificate of validation for an overseas rating that is equivalent to an Australian rating is authorised to pilot an aircraft only if the holder has complied with the recent experience requirements mentioned in this Part for the exercise of the privileges of the Australian rating.

61.310  Limitations on exercise of privileges of certificates of validation—carriage of documents

  The holder of a certificate of validation is authorised to exercise the privileges of the certificate on a flight only if the holder carries the following documents on the flight:

 (a) his or her certificate of validation;

 (b) his or her overseas flight crew licence;

 (c) his or her overseas medical certificate;

 (d) a document that:

 (i) includes a photograph of the holder showing the holder’s full face and his or her head and shoulders; and

 (ii) was issued within the previous 10 years by the government, or a government authority, of any of the following:

 (A) the Commonwealth or a State or Territory;

 (B) a foreign country, or a state or province (however described) of a foreign country; and

 (iii) has not expired or been cancelled.

61.315  Conduct of unauthorised activities by holders of certificates of validation

 (1) The holder of a certificate of validation commits an offence if:

 (a) the holder conducts an activity while:

 (i) piloting an aircraft; or

 (ii) acting as flight engineer of an aircraft; or

 (iii) operating a flight simulation training device; and

 (b) the holder is not authorised under this Part to conduct the activity.

Penalty: 50 penalty units.

 (2) An offence against this regulation, other than an offence relating to a contravention of regulation 61.385 (Limitations on exercise of privileges of pilot licences—general competency requirement), is an offence of strict liability.

Note: See also subsection 20AB(1) of the Act for an offence of performing any duty that is essential to the operation of an Australian aircraft during flight time without holding a relevant civil aviation authorisation or being otherwise authorised by or under these Regulations to perform the duty.

 (3) It is a condition of a certificate of validation that the holder must comply with:

 (a) the limitations on the exercise of the privileges of the certificate of validation set out in this Subpart; and

 (b) the requirements set out in this Part that apply to the holder.

61.320  Certificates of validation—period of validity

 (1) A certificate of validation must:

 (a) not be granted for a period of more than one year; and

 (b) state the date on which it expires.

 (2) However, a certificate of validation ends on the earliest of the following events:

 (a) the end of the day stated in the certificate as the date on which it expires;

 (b) when the holder ceases to be authorised (however described) to exercise the privileges of the overseas flight crew licence, or any rating or endorsement on the licence, to which the certificate relates;

 (c) when the holder’s overseas medical certificate expires.

61.325  Certificates of validation—renewal

 (1) CASA may renew a certificate of validation only if:

 (a) the person has passed the aeronautical knowledge examination for a flight crew licence under this Part that is equivalent to the overseas flight crew licence to which the certificate relates; or

 (b) CASA is satisfied that exceptional circumstances justify the renewal.

 (2) In this regulation:

renew, a certificate of validation, includes grant a new certificate of validation to the holder of:

 (a) a current certificate of validation; or

 (b) a certificate of validation that has expired within the previous 3 months;

in respect of the same overseas flight crew licence, rating or endorsement.

Subpart 61.DGeneral obligations of flight crew licence holders

 

61.335  Identity checks

 (1) CASA may, by written notice given to the holder of a flight crew licence or certificate of validation, require the holder to provide evidence of his or her identity in accordance with paragraph 6.57(1)(a) of the Aviation Transport Security Regulations 2005.

 (2) The holder commits an offence if:

 (a) CASA has not told the holder, in writing, that he or she has complied with the requirement; and

 (b) the holder exercises the privileges of the licence or certificate.

Penalty: 50 penalty units.

 (3) For subregulation (2), CASA is taken to have told the holder that he or she has complied with the requirement if CASA issues a new licence document or certificate of validation to the holder after giving the holder the notice.

 (4) An offence against this regulation is an offence of strict liability.

61.336  Provision of photograph

 (1) CASA may, by written notice given to the holder of a flight crew licence or certificate of validation, require the holder to give CASA, within 30 days of receiving the notice, a photograph of the holder:

 (a) showing the holder’s full face and his or her head and shoulders; and

 (b) taken not earlier than 6 months before the date of the notice.

 (2) The holder commits an offence if the holder:

 (a) has not complied with the requirement; and

 (b) exercises the privileges of the licence or certificate of validation.

Penalty: 50 penalty units.

 (3) An offence against this regulation is an offence of strict liability.

61.340  Production of licence documents, medical certificates and identification

 (1) CASA may direct the holder of a flight crew licence to produce any or all of the following documents for inspection by CASA:

 (a) the holder’s licence document;

 (b) unless the holder also holds a medical exemption for the exercise of the privileges of the licence—the holder’s medical certificate or recreational aviation medical practitioner’s certificate;

 (c) a document that includes a photograph of the holder showing the holder’s full face and his or her head and shoulders:

 (i) that was issued within the previous 10 years by the government, or a government authority, of:

 (A) the Commonwealth or a State or Territory; or

 (B) a foreign country, or a state or province (however described) of a foreign country; and

 (ii) that has not expired or been cancelled.

 (2) CASA may direct the holder of a certificate of validation to produce any or all of the following documents for inspection by CASA:

 (a) the holder’s certificate of validation;

 (b) the holder’s overseas medical certificate;

 (c) the holder’s overseas flight crew licence;

 (d) a document that includes a photograph of the holder showing the holder’s full face and his or her head and shoulders:

 (i) that was issued within the previous 10 years by the government, or a government authority, of:

 (A) the Commonwealth or a State or Territory; or

 (B) a foreign country, or a state or province (however described) of a foreign country; and

 (ii) that has not expired or been cancelled.

 (3) The holder of a flight crew licence or certificate of validation commits an offence if:

 (a) CASA directs the holder to produce a document under subregulation (1) or (2); and

 (b) the holder does not produce the document within the period mentioned in subregulation (4).

Penalty: 50 penalty units.

 (4) For paragraph (3)(b), the period is as follows:

 (a) if, when the direction was given, the holder was exercising, had just finished exercising, or was about to exercise, the privileges of the licence or certificate of validation—immediately;

 (b) in any other case—7 days after the day the direction is given.

 (5) An offence against this regulation is an offence of strict liability.

61.345  Personal logbooks—pilots

 (1) A person who holds a pilot licence, or a certificate of validation of an overseas flight crew licence that is equivalent to a pilot licence, commits an offence if the person does not keep a personal logbook in accordance with this regulation.

Penalty: 50 penalty units.

 (2) The person must record his or her full name and date of birth in the person’s logbook.

 (3) The person must, as soon as practicable after completing each flight, record the following information in the person’s logbook for the flight:

 (a) the date the flight began;

 (b) the type of aircraft;

 (c) whether it was a singleengine or multiengine aircraft;

 (d) the aircraft’s nationality and registration marks;

 (e) the takeoff and landing points for the flight, and for each segment of the flight;

 (f) the flight time (if any) flown in each of the following capacities:

 (i) pilot in command;

 (ii) copilot;

 (iii) pilot in command under supervision;

 (iv) pilot receiving flight training;

 (g) if the person is a flight instructor—any flight time spent exercising the privileges of his or her flight instructor rating;

 (h) if the person is a flight examiner—any flight time spent exercising the privileges of his or her flight examiner rating;

 (i) whether the flight was by day or night, or both;

 (j) any instrument flight time;

 (k) whether the person conducted an instrument approach operation and, if so, the type of instrument approach procedure.

 (4) The person must, as soon as practicable after completing each simulated flight in a flight simulation training device, record the following information in the person’s logbook for the simulated flight:

 (a) the date the simulated flight began;

 (b) the type of aircraft represented by the device;

 (c) the simulated flight time (if any) performed in each of the following capacities:

 (i) pilot in command;

 (ii) copilot;

 (iii) pilot in command under supervision;

 (iv) pilot receiving flight training;

 (d) if the person is a flight instructor or simulator instructor—any time spent exercising the privileges of his or her instructor rating;

 (e) whether the flight was conducted in simulated day or night conditions, or both;

 (f) a description of the simulated flight activity.

61.350  Personal logbooks—flight engineers

 (1) A person who holds a flight engineer licence, or a certificate of validation of an overseas flight crew licence that is equivalent to a flight engineer licence, commits an offence if the person does not keep a personal logbook in accordance with this regulation.

Penalty: 50 penalty units.

 (2) The person must record his or her full name and date of birth in the person’s logbook.

 (3) The person must, as soon as practicable after completing each flight, record the following information in the person’s logbook for the flight:

 (a) the date the flight began;

 (b) the type of aircraft;

 (c) the aircraft’s nationality and registration marks;

 (d) the name of the pilot in command;

 (e) the takeoff and landing points for the flight;

 (f) whether the holder was operating under training or supervision, or was conducting training or supervision;

 (g) the amount of flight time for which the holder performed the duties of a flight engineer;

 (h) if the person is a flight engineer instructor—any flight time spent exercising the privileges of his or her flight engineer instructor rating.

 (4) The person must, as soon as practicable after completing each simulated flight in a flight simulation training device, record the following information in his or her personal logbook for the simulated flight:

 (a) the date the simulated flight began;

 (b) the type of aircraft represented by the device;

 (c) if a person acted as pilot in command for the simulated flight—that person’s name;

 (d) a description of the activities conducted during the simulated flight;

 (e) whether the holder was operating under training or supervision, or was conducting training or supervision;

 (f) the amount of time for which the holder performed the duties of flight engineer;

 (g) if the person is a flight engineer instructor—any flight time spent exercising the privileges of his or her flight engineer instructor rating.

61.355  Retention of personal logbooks

 (1) A person commits an offence if:

 (a) the person is required to keep a personal logbook under regulation 61.345 or 61.350; and

 (b) the person does not retain the logbook for 7 years after the day the last entry is made in it.

Penalty: 50 penalty units.

 (2) A person commits an offence if:

 (a) the person is required to keep a personal logbook under regulation 61.345 or 61.350; and

 (b) the person does not ensure that each entry in the logbook is retained unaltered throughout the period mentioned in subregulation (1).

Penalty: 50 penalty units.

 (3) An offence against this regulation is an offence of strict liability.

61.360  False entries in personal logbooks

 (1) The holder of a flight crew licence or certificate of validation commits an offence if:

 (a) the holder makes an entry in his or her personal logbook; and

 (b) the entry is false or misleading.

Penalty: 50 penalty units.

 (2) Paragraph (1)(b) does not apply if the entry is not false or misleading in a material particular.

Note: A defendant bears an evidential burden in relation to the matter mentioned in subregulation (2): see subsection 13.3(3) of the Criminal Code.

 (3) CASA may give the holder of a flight crew licence or certificate of validation a written direction to correct an entry in his or her personal logbook in accordance with the direction.

 (4) The holder commits an offence if the holder does not comply with the direction within 14 days after the day the direction is given to the person.

Penalty: 50 penalty units.

 (5) An offence against this regulation is an offence of strict liability.

61.365  Production of personal logbooks

 (1) CASA may direct the holder of a flight crew licence or certificate of validation to produce the holder’s personal logbook for inspection by CASA.

 (2) The holder of a flight crew licence or certificate of validation commits an offence if:

 (a) CASA directs the holder to produce his or her personal logbook under subregulation (1); and

 (b) the holder does not produce an up to date version of the personal logbook within 7 days after the day the direction is given.

Penalty: 50 penalty units.

 (3) If the holder’s personal logbook is kept in electronic form, a requirement to produce the logbook is met if:

 (a) the holder produces a printed copy of the logbook; and

 (b) each page is certified by the holder as a true copy of the logbook records set out on the page.

 (4) An offence against this regulation is an offence of strict liability.

Subpart 61.EPilot licensing—general limitations and authorisations

Note: Subpart 61.E does not apply to glider pilot licences: see the definition of pilot licence in regulation 61.010. Subpart 61.Z deals with glider pilot licences.

Division 61.E.1General limitations on exercise of pilot licence privileges

61.375  Limitations on exercise of privileges of pilot licences—ratings

 (1) This regulation applies to the holder of a pilot licence.

 (2) The holder is authorised to exercise the privileges of the licence in an aircraft of a particular category only if the holder also holds, as the associated aircraft category rating for the licence, the aircraft category rating for that category of aircraft.

Note: An aircraft category rating has effect only in conjunction with the licence for which it is granted. It does not authorise the exercise, in the aircraft category covered by the rating, of the privileges of any other licence held by the holder of the rating: see the definition of associated in regulation 61.010.

 (3) The holder is authorised to exercise the privileges of the licence in an aircraft, other than an aircraft mentioned in subregulation (5), only if the holder also holds an appropriate aircraft class rating for the aircraft.

 (4) For subregulation (3), either of the following is an appropriate aircraft class rating for an aeroplane in the singleengine aeroplane class:

 (a) the singleengine aeroplane class rating;

 (b) the multiengine aeroplane class rating.

 (5) The holder is authorised to exercise the privileges of the licence in:

 (a) a multicrew aircraft; or

 (b) an aircraft:

 (i) that is certificated for singlepilot operation; and

 (ii) for which a singlepilot type rating is required by a legislative instrument under regulation 61.060;

only if the holder also holds the appropriate pilot type rating for the aircraft type.

 (6) However, the holder is not required to hold the pilot type rating for the aircraft if:

 (a) the person is acting as a cruise relief copilot for the aircraft; and

 (b) the person holds a cruise relief copilot type rating for the aircraft type.

 (7) The holder is authorised to conduct an activity mentioned in column 1 of an item in table 61.375 in the exercise of the privileges of the licence only if the holder also holds the rating mentioned in column 2 of the item.

 (8) However:

 (a) the holder of a multicrew pilot licence with an aeroplane category rating is authorised, without holding an instrument rating, to pilot an aeroplane in a multicrew operation:

 (i) under the IFR; or

 (ii) at night under the VFR; and

 (b) the holder of an air transport pilot licence with an aeroplane category rating is authorised, without holding an instrument rating, to pilot an aeroplane:

 (i) under the IFR; or

 (ii) at night under the VFR; and

 (c) the holder of an air transport pilot licence with a poweredlift category rating is authorised, without holding an instrument rating, to pilot a poweredlift aircraft:

 (i) under the IFR; or

 (ii) at night under the VFR.

 

Table 61.375 Activities for which ratings are required


Item

Column 1
Activity

Column 2
Rating

1

An operation under the IFR, other than an operation mentioned in item 2

Instrument rating

2

A private operation under the IFR

Either:

(a) instrument rating; or

(b) private instrument rating

3

An operation at night under the VFR, other than:

(a) an operation using a night vision imaging system; or

(b) a night aerial application operation below 500 ft AGL

Either:

(a) night VFR rating; or

(b) instrument rating

4

An operation at night under the VFR using a night vision imaging system

Night vision imaging system rating

5

A lowlevel operation

Either:

(a) lowlevel rating; or

(b) aerial application rating

6

An aerial application operation below 500 ft AGL

Aerial application rating

7

An activity mentioned in paragraph 61.1165(a), (c), (d), (e) or (f) in an aircraft

An activity mentioned in paragraph 61.1165(g), (h) or (i)

Flight instructor rating

8

An activity mentioned in paragraph 61.1190(a), (c), (d), (e) or (f) in a flight simulation training device

An activity mentioned in paragraph 61.1165(b), (j) or (k) or 61.1190(b), (g) or (h)

Either:

(a) flight instructor rating; or

(b) simulator instructor rating

9

An activity mentioned in regulation 61.1255 

Flight examiner rating

61.380  Limitations on exercise of privileges of pilot licences—flight activity and design feature endorsements

 (1) The holder of a pilot licence is authorised to conduct a flight activity mentioned in column 2 of an item in table 61.1145 only if the holder also holds the endorsement mentioned in column 1 of the item.

 (2) The holder of a pilot licence is authorised to exercise the privileges of the licence in an aircraft that has a design feature mentioned in regulation 61.755 for the aircraft only if the holder also holds the design feature endorsement for the design feature.

61.385  Limitations on exercise of privileges of pilot licences—general competency requirement

 (1) The holder of a pilot licence is authorised to exercise the privileges of the licence in an aircraft only if the holder is competent in operating the aircraft to the standards mentioned in the Part 61 Manual of Standards for the class or type to which the aircraft belongs, including in all of the following areas:

 (a) operating the aircraft’s navigation and operating systems;

 (b) conducting all normal, abnormal and emergency flight procedures for the aircraft;

 (c) applying operating limitations;

 (d) weight and balance requirements;

 (e) applying aircraft performance data, including takeoff and landing performance data, for the aircraft.

 (1A) Subregulation (1B) applies if the holder of a pilot licence also holds an operational rating or endorsement.

 (1B) The holder is authorised to exercise the privileges of his or her pilot licence in an activity in an aircraft under the rating or endorsement only if the holder is competent in operating the aircraft in the activity to the standards mentioned in the Part 61 Manual of Standards (if any) for:

 (a) the class or type to which the aircraft belongs; and

 (b) the activity.

 (2) The holder of a pilot licence is authorised to exercise the privileges of the licence in an aircraft that has an operative airborne collision avoidance system only if the holder is competent in the use of an airborne collision avoidance system to the standards mentioned in the Part 61 Manual of Standards.

61.390  Limitations on exercise of privileges of pilot licences—operating requirements and limitations

 (1) The holder of a pilot licence is not authorised to conduct an activity in the exercise of the privileges of the licence in an aircraft if:

 (a) engaging in the activity is a prescribed purpose for subsection 27(9) of the Act; and

 (b) the operator of the aircraft does not hold an AOC that authorises the conduct of the activity.

 (2) The holder of a pilot licence is not authorised to conduct an activity in the exercise of the privileges of the licence if the conduct of the activity would be an offence against the Act or another provision of these Regulations.

61.395  Limitations on exercise of privileges of pilot licences—recent experience for certain passenger flight activities

 (1) The holder of a pilot licence is authorised to pilot, during takeoff or landing, an aircraft of a particular category carrying a passenger by day only if the holder has, within the previous 90 days, in an aircraft of that category or an approved flight simulator for the purpose, conducted, by day or night:

 (a) at least 3 takeoffs; and

 (b) at least 3 landings;

while controlling the aircraft or flight simulator.

 (2) The holder of a pilot licence is authorised to pilot, during takeoff or landing, an aircraft of a particular category carrying a passenger at night only if the holder has, within the previous 90 days, in an aircraft of that category or an approved flight simulator for the purpose, conducted, at night:

 (a) at least 3 takeoffs; and

 (b) at least 3 landings;

while controlling the aircraft or flight simulator.

 (3) For paragraphs (1)(a) and (2)(a), each takeoff must be followed by a climb to at least 500 ft AGL.

 (4) The holder is taken to meet the requirements of subregulation (1) if:

 (a) within the previous 90 days, in an aircraft of that category or an approved flight simulator for the purpose, the holder has:

 (i) successfully completed a relevant check or review; or

 (ii) passed a flight test for a pilot licence or a rating on a pilot licence;

  that includes at least one takeoff and at least one landing; or

 (b) both:

 (i) the holder is successfully participating in an operator’s training and checking system for an operation in an aircraft of that category; and

 (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in aircraft of that category.

 (5) Also, the holder is taken to meet the requirements of subregulation (2) if:

 (a) within the previous 90 days, in an aircraft of that category or an approved flight simulator for the purpose, the holder has:

 (i) successfully completed a relevant check or review; or

 (ii) passed a flight test for a pilot licence or a rating on a pilot licence;

  that includes at least one takeoff, and at least one landing, at night; or

 (b) both:

 (i) the holder is successfully participating in an operator’s training and checking system for an operation at night in an aircraft of that category; and

 (ii) the operator holds an approval under regulation 61.040 for the system for this subregulation and operations in aircraft of that category.

 (6) In this regulation:

relevant check or review means any of the following:

 (a) an instrument proficiency check;

 (b) a night vision imaging system proficiency check;

 (c) an instructor proficiency check;

 (d) an operator proficiency check;

 (e) a flight review.

61.400  Limitations on exercise of privileges of pilot licences—flight review

 (1) For this Part, successful completion of a flight review for a rating on a pilot licence requires demonstration, to a person mentioned in subregulation (2), that the holder of the rating is competent in each unit of competency mentioned in the Part 61 Manual of Standards for the rating.

 (2) For subregulation (1), the persons are as follows:

 (a) CASA;

 (b) the holder of an approval under regulation 61.040 for this regulation;

 (c) a pilot instructor who is authorised to conduct a flight review for the rating.

 (3) The flight review must be conducted in:

 (a) an aircraft that can be flown under the rating; or

 (b) an approved flight simulator for the flight review.

61.405  Limitations on exercise of privileges of pilot licences—medical requirements—recreational pilot licence holders

 (1) The holder of a recreational pilot licence is authorised to exercise the privileges of the licence only if:

 (a) the holder also holds a current class 1 or 2 medical certificate; or

 (b) the holder:

 (i) also holds a current recreational aviation medical practitioner’s certificate; and

 (ii) meets the requirements mentioned in subregulation (2); or

 (c) the holder also holds a medical exemption for the exercise of the privileges of the licence.

 (2) For subparagraph (1)(b)(ii), the requirements are as follows:

 (a) the holder must have:

 (i) given CASA a copy of the holder’s recreational aviation medical practitioner’s certificate; and

 (ii) received from CASA a written acknowledgement of the receipt of the copy;

 (b) while exercising the privileges of the licence in an aircraft, the holder must carry both of the following on the aircraft:

 (i) the certificate;

 (ii) the acknowledgement mentioned in subparagraph (a)(ii);

 (c) the holder must comply with any limitations or conditions stated on the certificate;

 (d) the holder must meet the modified Austroads medical standards.

Note: For when a person meets the modified Austroads medical standards, see regulation 67.262.

 (3) In this regulation:

current: a recreational aviation medical practitioner’s certificate for the holder of a recreational pilot licence is current for the shortest of the following periods:

 (a) the period beginning on the day the certificate was signed by the medical practitioner and ending 24 months after that day;

 (b) if, when the holder exercises the privileges of the licence, the holder is at least 65—the period beginning on the day the certificate was signed by the medical practitioner and ending 12 months after that day;

 (c) if the certificate states the period for which it applies—the period beginning on the day the certificate was signed by the medical practitioner and ending at the end of the stated period.

Note: A licence holder must not exercise the privileges of his or her licence during any period of temporary medical unfitness that could render the holder unable to exercise those privileges safely: see regulation 67.270.

61.410  Limitations on exercise of privileges of pilot licences—medical certificates: private pilot licence holders

 (1) The holder of a private pilot licence is authorised to exercise the privileges of the licence only if the holder also holds:

 (a) a current class 1 or 2 medical certificate; or

 (b) a medical exemption for the exercise of the privileges of the licence.

 (2) However, subject to subregulation (3), the holder of a private pilot licence is authorised to exercise the privileges of the licence in a recreational aircraft if:

 (a) the holder:

 (i) also holds a current recreational aviation medical practitioner’s certificate; and

 (ii) meets the requirements mentioned in subregulation 61.405(2); and

 (b) the flight is conducted by day under the VFR.

 (3) Regulation 61.465 applies to the holder as if each reference in that regulation to a recreational pilot licence included a reference to a private pilot licence.

Note: A licence holder must not exercise the privileges of his or her licence during any period of temporary medical unfitness that could render the holder unable to exercise those privileges safely: see regulation 67.270.

61.415  Limitations on exercise of privileges of pilot licences—medical certificates: commercial, multicrew and air transport pilot licence holders

 (1) The holder of a commercial pilot licence, multicrew pilot licence or air transport pilot licence is authorised to exercise the privileges of the licence only if the holder also holds:

 (a) a current class 1 medical certificate; or

 (b) a medical exemption for the exercise of the privileges of the licence.

 (2) However, the holder of a commercial pilot licence or air transport pilot licence is authorised to exercise the privileges of the licence in an activity that would be authorised by a private pilot licence if the holder also holds a current class 2 medical certificate.

 (3) Also, the holder of a commercial pilot licence or air transport pilot licence is authorised to exercise the privileges of the licence in an activity that would be authorised by a recreational pilot licence if the holder:

 (a) also holds a current recreational aviation medical practitioner’s certificate; and

 (b) meets the requirements mentioned in subregulation 61.405(2).

Note: A licence holder must not exercise the privileges of his or her licence during any period of temporary medical unfitness that could render the holder unable to exercise those privileges safely: see regulation 67.270.

61.420  Limitations on exercise of privileges of pilot licences—carriage of documents

  The holder of a pilot licence is authorised to exercise the privileges of the licence on a flight only if the holder carries the following documents on the flight:

 (a) his or her licence document;

 (b) if the holder holds a current class 1 or 2 medical certificate—the medical certificate;

 (c) if the holder holds a recreational aviation medical practitioner’s certificate:

 (i) the medical practitioner’s certificate; and

 (ii) the acknowledgement of receipt mentioned in paragraph 61.405(2)(a);

 (ca) if the holder holds a medical exemption for the flight—a copy of the medical exemption;

 (d) a document that includes a photograph of the holder showing the holder’s full face and his or her head and shoulders:

 (i) that was issued within the previous 10 years by the government, or a government authority, of:

 (A) the Commonwealth or a State or Territory; or

 (B) a foreign country, or a state or province (however described) of a foreign country; and

 (ii) that has not expired or been cancelled.

61.422  Limitations on exercise of privileges of pilot licences—aviation English language proficiency

 (1) The holder of a pilot licence other than a recreational pilot licence is authorised to exercise the privileges of the licence only if the holder has a current aviation English language proficiency assessment.

 (2) Subregulation (3) applies to the holder of a pilot licence that was granted on the basis of regulation 202.272 if the licence was granted in recognition of a continued authorisation (within the meaning of regulation 202.261) that was granted on or before 4 March 2008.

 (3) Subregulation (1) does not apply to the holder in relation to the exercise of the privileges of his or her licence in Australian Territory.

61.425  Limitations on exercise of privileges of pilot licences—unregistered aircraft

  The holder of a pilot licence is authorised to pilot an aircraft only if the aircraft is registered.

61.427  Removal of certain pilot licence conditions about airspace

 (1) Subregulation (2) applies to a pilot licence granted on the basis of regulation 202.272 or 202.274 if the licence is subject to the condition that operations are limited to:

 (a) flight within 25 nautical miles of the departure aerodrome; or

 (b) flight within a flight training area; or

 (c) flight direct between the departure aerodrome and a flight training area.

 (2) CASA must remove the condition if:

 (a) the licence holder applies to CASA for the removal of the condition; and

 (b) the licence holder meets the requirements under this Part for the grant of a private pilot licence or a commercial pilot licence.

 (3) Subregulation (4) applies to a pilot licence granted on the basis of regulation 202.272 or 202.274 if the licence is subject to the condition that operations as pilot in command are limited to uncontrolled airspace and any other class of airspace endorsed in the licence holder’s personal log book by an instructor before 1 September 2014.

 (4) CASA must remove the condition if:

 (a) the licence holder applies to CASA for the removal of the condition; and

 (b) the licence holder meets the requirements under this Part for the grant of any of the following:

 (i) a controlled airspace endorsement;

 (ii) a private pilot licence;

 (iii) a commercial pilot licence.

Division 61.E.2General authorisations for pilot licences

61.430  Holders of pilot licences authorised to taxi aircraft

 (1) A person is authorised to taxi an aircraft of a particular class or type if the person holds:

 (a) a pilot licence; and

 (b) the category rating for the category to which aircraft of that class or type belong; and

 (c) the class rating or type rating for aircraft of that class or type.

 (2) For regulations 61.405 to 61.415, taxiing an aircraft does not constitute the exercise of the privileges of a licence.

Note: See regulation 229 of CAR for an offence relating to taxiing aircraft without being authorised to do so.

61.435  When holders of pilot licences authorised to operate aircraft radio

 (1) A person is authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation if the person:

 (a) holds a private pilot licence, commercial pilot licence, multicrew pilot licence or air transport pilot licence; or

 (b) holds a recreational pilot licence with a flight radio endorsement.

 (3) For regulations 61.405 to 61.415, transmitting on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation does not constitute the exercise of the privileges of a licence.

Note: A person is prohibited from transmitting on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation unless the person is qualified to do so: see regulation 83 of CAR.

Subpart 61.GRecreational pilot licences

Division 61.G.1Privileges and grant of licences

61.460  Privileges of recreational pilot licences

  Subject to Subpart 61.E and regulations 61.465 and 61.470, the holder of a recreational pilot licence is authorised to pilot a singleengine aircraft as pilot in command or copilot if:

 (a) the aircraft is certificated for singlepilot operation; and

 (b) the aircraft has a maximum certificated takeoff weight of not more than 1 500 kg; and

 (c) the aircraft is not rocketpowered or turbinepowered; and

 (d) the flight is conducted by day under the VFR; and

 (e) either:

 (i) the aircraft is engaged in a private operation; or

 (ii) the holder is receiving flight training.

Note 1: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences.

Note 2: The holder of a recreational pilot licence is also authorised to taxi an aircraft in certain circumstances: see regulation 61.430.

Note 3: The holder of a recreational pilot licence is also authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation if the holder also holds a flight radio endorsement: see regulation 61.435.

61.465  Limitations on exercise of privileges of recreational pilot licences—general

 (1) The holder of a recreational pilot licence is authorised to pilot an aircraft in a Contracting State’s airspace only if the holder has the permission (however described) of the Contracting State to do so.

 (2) The holder of a recreational pilot licence is authorised to pilot an aircraft carrying more than one passenger only if the holder:

 (a) also holds a current class 1 or 2 medical certificate; or

 (b) is accompanied by another pilot who:

 (i) holds a current class 1 or 2 medical certificate; and

 (ii) occupies a flight control seat in the aircraft; and

 (iii) is authorised to pilot the aircraft.

 (3) The holder of a recreational pilot licence is authorised to pilot an aircraft above 10 000 ft above mean sea level only if the holder:

 (a) also holds a current class 1 or 2 medical certificate; or

 (b) is accompanied by another pilot who:

 (i) holds a current class 1 or 2 medical certificate; and

 (ii) occupies a flight control seat in the aircraft; and

 (iii) is authorised to pilot the aircraft.

61.470  Limitations on exercise of privileges of recreational pilot licences—endorsements

 (1) The holder of a recreational pilot licence is authorised to pilot an aircraft outside the following areas only if the holder also holds a recreational navigation endorsement:

 (a) the area within 25 nautical miles of the departure aerodrome;

 (b) a flight training area;

 (c) the area that is a direct route between the departure aerodrome and a flight training area.

 (2) The holder of a recreational pilot licence is authorised to pilot an aircraft in controlled airspace only if the holder also holds a controlled airspace endorsement.

 (3) The holder of a recreational pilot licence is authorised to pilot an aircraft at a controlled aerodrome only if the holder also holds a controlled aerodrome endorsement.

61.475  Requirements for grant of recreational pilot licences

 (1) An applicant for a recreational pilot licence must be at least 16.

 (2) Subject to regulation 61.480, the applicant must also have:

 (a) passed the aeronautical knowledge examination for a recreational pilot licence and the associated aircraft category rating; and

 (b) completed flight training for a recreational pilot licence and the associated aircraft category rating; and

 (c) passed the flight test mentioned in the Part 61 Manual of Standards for a recreational pilot licence and the associated aircraft category rating; and

 (d) completed at least 25 hours of flight time as pilot of an aircraft of the category for which the associated aircraft category rating is sought, including:

 (i) at least 20 hours of dual flight; and

 (ii) at least 5 hours of solo flight time.

Note 1: For paragraph (a), for the conduct of aeronautical knowledge examinations, see Division 61.B.3.

Note 2: For paragraph (b), for the requirements for flight training, see Division 61.B.2.

Note 3: For paragraph (c), for the conduct of flight tests, see Division 61.B.4.

Note 4: For paragraph (d), for the determination of a person’s flight time and other aeronautical experience, see Division 61.A.2.

 (3) Despite paragraph 61.245(1)(a), the flight test must be conducted in an aircraft.

 (4) The applicant is taken to meet the requirements of subregulation (2) if the applicant holds a private pilot licence, commercial pilot licence or air transport pilot licence.

61.480  Grant of recreational pilot licences in recognition of pilot certificates granted by certain organisations

 (1) This regulation applies to an applicant for a recreational pilot licence if:

 (a) the applicant holds a pilot certificate, granted by a recreational aviation administration organisation that administers activities involving aircraft of a particular category; and

 (b) the certificate permits the holder to act as the pilot in command of an aircraft of that category.

 (2) For subregulation 61.475(2), the applicant is taken to have passed:

 (a) the aeronautical knowledge examination; and

 (b) the flight test;

for the licence and the associated aircraft category rating.

 (3) The applicant is also taken to have met the requirements for the grant of:

 (a) the aircraft category rating for each category of aircraft in which the person is permitted by the certificate to act as pilot in command; and

 (b) the aircraft class rating for each class of aircraft in which the person is permitted by the certificate to act as pilot in command; and

 (c) the design feature endorsement for each design feature of an aircraft in which the applicant is permitted by the certificate to act as pilot in command.

Note: The holder of an aircraft class rating must successfully complete a flight review for the rating to be authorised to exercise the privileges of the rating, and is not taken to have met the flight review requirement on the basis of being taken to have met the requirements for the grant of the rating under subregulation (3): see subregulation 61.745(4).

Division 61.G.2Recreational pilot licence endorsements

61.485  Kinds of recreational pilot licence endorsements

  The following are recreational pilot licence endorsements:

 (a) a controlled aerodrome endorsement;

 (b) a controlled airspace endorsement;

 (c) a flight radio endorsement;

 (d) a recreational navigation endorsement.

61.490  Privileges of recreational pilot licence endorsements

 (1) Subject to Subpart 61.E, the holder of a recreational pilot licence with a controlled aerodrome endorsement is authorised to pilot an aircraft, as pilot in command, at a controlled aerodrome.

 (2) Subject to Subpart 61.E, the holder of a recreational pilot licence with a controlled airspace endorsement is authorised to pilot an aircraft, as pilot in command, in controlled airspace.

 (3) Subject to Subpart 61.E, the holder of a recreational pilot licence with a flight radio endorsement is authorised to operate an aircraft radio on the ground or in flight to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation.

 (4) Subject to Subpart 61.E, the holder of a recreational pilot licence with a recreational navigation endorsement is authorised to pilot an aircraft, as pilot in command, on a crosscountry flight.

Note: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences.

61.495  Requirements for grant of recreational pilot licence endorsements

 (1) This regulation applies to a person other than a person who is eligible to be granted a recreational pilot licence endorsement under regulation 61.500.

 (2) An applicant for a recreational pilot licence endorsement must:

 (a) have passed the aeronautical knowledge examination for the endorsement; and

 (b) have completed flight training for the endorsement; and

 (c) if the endorsement is a recreational navigation endorsement—have completed, in addition to the flight time mentioned in paragraph 61.475(2)(d):

 (i) at least 5 hours of solo crosscountry flight time; and

 (ii) at least 2 hours of dual instrument time, 1 hour of which is conducted during dual instrument flight time; and

 (d) if the endorsement is a flight radio endorsement—have a current aviation English language proficiency assessment.

Note 1: For paragraph (a), for the conduct of aeronautical knowledge examinations, see Division 61.B.3.

Note 2: For paragraph (b), for the requirements for flight training, see Division 61.B.2.

 (3) The crosscountry flight time required by paragraph (2)(c) must include a flight of at least 100 nautical miles, during which a fullstop landing is made at each of 2 landing areas, other than the one from which the flight began.

61.500  Grant of endorsement in recognition of other qualifications

 (1) An applicant for a recreational pilot licence endorsement is eligible to be granted the endorsement if the applicant:

 (a) holds a recreational pilot licence; and

 (b) holds another flight crew licence that authorises the exercise of the privileges of the endorsement.

 (2) An applicant for a controlled aerodrome endorsement is eligible to be granted the endorsement if:

 (a) regulation 61.480 applies to the applicant; and

 (b) the applicant holds an approval from the recreational aviation administration organisation to pilot an aircraft at a controlled aerodrome.

 (3) An applicant for a controlled airspace endorsement is eligible to be granted the endorsement if:

 (a) regulation 61.480 applies to the applicant; and

 (b) the applicant holds an approval from the recreational aviation administration organisation to pilot an aircraft in controlled airspace.

 (4) An applicant for a flight radio endorsement is eligible to be granted the endorsement if:

 (a) regulation 61.480 applies to the applicant; and

 (b) the applicant holds an approval from the recreational aviation administration organisation to operate an aircraft radio; and

 (c) the applicant has a current aviation English language proficiency assessment.

 (5) An applicant for a recreational navigation endorsement is eligible to be granted the endorsement if:

 (a) regulation 61.480 applies to the applicant; and

 (b) the applicant holds a crosscountry navigation approval from the recreational aviation administration organisation; and

 (c) the applicant has completed the following flight time that complies with subregulation 61.495(3):

 (i) at least 5 hours of solo crosscountry flight time;

 (ii) at least 2 hours of dual instrument time, 1 hour of which is conducted during dual instrument flight time.

Subpart 61.HPrivate pilot licences

Division 61.H.1General

61.505  Privileges of private pilot licences

  Subject to Subpart 61.E and regulation 61.510, the holder of a private pilot licence is authorised to pilot an aircraft as pilot in command or copilot if:

 (a) the aircraft is engaged in a private operation; or

 (b) the holder is receiving flight training.

Note 1: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences.

Note 2: The holder of a private pilot licence is also authorised to taxi an aircraft in certain circumstances: see regulation 61.430.

Note 3: The holder of a private pilot licence is also authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation: see regulation 61.435.

61.510  Limitations on exercise of privileges of private pilot licences—multicrew operations

 (1) On and after 1 September 2015, the holder of a private pilot licence is authorised to exercise the privileges of the licence in a multicrew operation only if the holder has completed an approved course of training in multicrew cooperation.

 (2) The holder of a private pilot licence that was granted on the basis of regulation 202.272 is taken to meet the requirement mentioned in subregulation (1) if, before 1 September 2015, the holder conducted a multicrew operation.

61.515  Requirements for grant of private pilot licences—general

 (1) An applicant for a private pilot licence must be at least 17.

 (2) The applicant must also have:

 (a) passed the aeronautical knowledge examination for the private pilot licence and the associated aircraft category rating; and

 (b) completed flight training for the private pilot licence and the associated aircraft category rating; and

 (c) passed the flight test mentioned in the Part 61 Manual of Standards for the private pilot licence and the associated aircraft category rating; and

 (d) met the aeronautical experience requirements mentioned in Division 61.H.2 or 61.H.3.

Note 1: For paragraph (a), for the conduct of aeronautical knowledge examinations, see Division 61.B.3.

Note 2: For paragraph (b), for the requirements for flight training, see Division 61.B.2.

Note 3: For paragraph (c), for the conduct of flight tests, see Division 61.B.4.

Note 4: For paragraph (d), for the determination of a person’s flight time and other aeronautical experience, see Division 61.A.2.

 (3) Despite paragraph 61.245(1)(a), the flight test must be conducted in an aircraft.

 (4) An applicant who meets the requirements for the grant of a commercial pilot licence is taken to meet the requirements for the grant of a private pilot licence.

Division 61.H.2Aeronautical experience requirements for private pilot licences—applicants who have completed integrated training courses

61.520  Application of Division 61.H.2

  This Division applies to an applicant for a private pilot licence who has completed an integrated training course for the licence and the associated aircraft category rating.

61.525  Aeronautical experience requirements for grant of private pilot licences—aeroplane category

 (1) An applicant for a private pilot licence with the aeroplane category rating must have at least 35 hours of aeronautical experience that includes:

 (a) at least 30 hours of flight time as a pilot; and

 (b) at least 20 hours of flight time as pilot of an aeroplane; and

 (c) at least 10 hours of solo flight time in an aeroplane; and

 (d) at least 5 hours of solo crosscountry flight time in an aeroplane; and

 (e) at least 2 hours of dual instrument time; and

 (f) at least one hour of dual instrument flight time in an aeroplane.

 (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose.

 (3) The crosscountry flight time required by paragraph (1)(d) must include a flight of at least 150 nautical miles during which a fullstop landing is made at each of 2 aerodromes not within the flight training area for the aerodrome from which the flight began.

 (4) The flight time in an aeroplane required by subregulation (1) must be completed in a registered or recognised aeroplane.

61.530  Aeronautical experience requirements for grant of private pilot licences—helicopter category

 (1) An applicant for a private pilot licence with the helicopter category rating must have at least 35 hours of aeronautical experience that includes:

 (a) at least 30 hours of flight time as pilot of a helicopter; and

 (b) at least 10 hours of solo flight time in a helicopter; and

 (c) at least 5 hours of solo crosscountry flight time in a helicopter; and

 (d) at least 2 hours of dual instrument time; and

 (e) at least one hour of dual instrument flight time in a helicopter.

 (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as:

 (a) simulated flight time in an approved flight simulation training device for the purpose; or

 (b) tethered flight time.

 (3) The crosscountry flight time required by paragraph (1)(c) must include a flight of at least 100 nautical miles during which a landing is made at each of 2 landing areas, other than the one from which the flight began.

 (4) The flight time in a helicopter required by subregulation (1) must be completed in a registered or recognised helicopter.

61.535  Aeronautical experience requirements for grant of private pilot licences—gyroplane category

 (1) An applicant for a private pilot licence with the gyroplane category rating must have at least 35 hours of aeronautical experience that includes:

 (a) at least 30 hours of flight time as a pilot; and

 (b) at least 20 hours of flight time as pilot of a gyroplane; and

 (c) at least 10 hours of solo flight time in a powered aircraft; and

 (d) at least 5 hours of solo flight time in a gyroplane; and

 (e) at least 5 hours of solo crosscountry flight time in a powered aircraft.

 (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose.

 (3) The crosscountry flight time required by paragraph (1)(e) must include a flight of at least 100 nautical miles during which a fullstop landing is made at each of 2 landing areas, other than the one from which the flight began.

 (4) The flight time in a gyroplane required by subregulation (1) must be completed in a registered or recognised gyroplane.

Division 61.H.3Aeronautical experience requirements for private pilot licences—applicants who have not completed integrated training courses

61.540  Application of Division 61.H.3

  This Division applies to an applicant for a private pilot licence who has not completed an integrated training course for the licence and the associated aircraft category rating.

61.545  Aeronautical experience requirements for grant of private pilot licences—aeroplane category

 (1) An applicant for a private pilot licence with the aeroplane category rating must have at least 40 hours of aeronautical experience that includes:

 (a) at least 35 hours of flight time as a pilot; and

 (b) at least 20 hours of flight time as pilot of an aeroplane; and

 (c) at least 10 hours of solo flight time in an aeroplane; and

 (d) at least 5 hours of solo crosscountry flight time in an aeroplane; and

 (e) at least 2 hours of dual instrument time; and

 (f) at least one hour of dual instrument flight time in an aeroplane.

 (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose.

 (3) The crosscountry flight time required by paragraph (1)(d) must include a flight of at least 150 nautical miles during which a fullstop landing is made at each of 2 aerodromes not within the flight training area for the aerodrome from which the flight began.

61.550  Aeronautical experience requirements for grant of private pilot licences—helicopter category

 (1) An applicant for a private pilot licence with the helicopter category rating must have at least 40 hours of aeronautical experience that includes:

 (a) at least 35 hours of flight time as a pilot; and

 (b) at least 30 hours of flight time as pilot of a helicopter; and

 (c) at least 10 hours of solo flight time in a helicopter; and

 (d) at least 5 hours of solo crosscountry flight time in a helicopter; and

 (e) at least 2 hours of dual instrument time; and

 (f) at least one hour of dual instrument flight time in a helicopter.

 (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as:

 (a) simulated flight time in an approved flight simulation training device for the purpose; or

 (b) tethered flight time.

 (3) The crosscountry flight time required by paragraph (1)(d) must include a flight of at least 100 nautical miles during which a landing is made at each of 2 landing areas, other than the one from which the flight began.

61.555  Aeronautical experience requirements for grant of private pilot licences—poweredlift aircraft category

 (1) An applicant for a private pilot licence with the poweredlift aircraft category rating must have at least 40 hours of aeronautical experience that includes:

 (a) at least 35 hours of flight time as a pilot; and

 (b) at least 30 hours of flight time as pilot of a poweredlift aircraft or helicopter; and

 (c) at least 20 hours of flight time as pilot of a poweredlift aircraft; and

 (d) at least 10 hours of solo flight time in a poweredlift aircraft; and

 (e) at least 5 hours of solo crosscountry flight time in a poweredlift aircraft; and

 (f) at least 2 hours of dual instrument time; and

 (g) at least one hour of dual instrument flight time in a poweredlift aircraft.

 (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as:

 (a) simulated flight time in an approved flight simulation training device for the purpose; or

 (b) tethered flight time.

 (3) The crosscountry flight time required by paragraph (1)(e) must include a flight of at least 150 nautical miles during which a fullstop landing is made at each of 2 landing areas, other than the one from which the flight began.

61.560  Aeronautical experience requirements for grant of private pilot licences—gyroplane category

 (1) An applicant for a private pilot licence with the gyroplane category rating must have at least 40 hours of aeronautical experience that includes:

 (a) at least 35 hours of flight time as a pilot; and

 (b) at least 20 hours of flight time as pilot of a gyroplane; and

 (c) at least 10 hours of solo flight time in a powered aircraft; and

 (d) at least 5 hours of solo flight time in a gyroplane; and

 (e) at least 5 hours of solo crosscountry flight time in a powered aircraft.

 (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose.

 (3) The crosscountry flight time required by paragraph (1)(e) must include a flight of at least 100 nautical miles during which a fullstop landing is made at each of 2 landing areas, other than the one from which the flight began.

61.565  Aeronautical experience requirements for grant of private pilot licences—airship category

 (1) An applicant for a private pilot licence with the airship category rating must have completed at least 25 hours of flight time as pilot of an airship that includes:

 (a) at least 3 hours of crosscountry flight time; and

 (b) at least 3 hours of dual instrument flight time; and

 (c) at least 5 hours of flight time as pilot in command under supervision.

 (2) The crosscountry flight time required by paragraph (1)(a) must include a flight of at least 25 nautical miles.

 (3) The applicant must have completed, at an aerodrome:

 (a) at least 5 takeoffs; and

 (b) at least 5 fullstop landings.

 (4) For paragraph (3)(b), each landing must involve a flight in traffic patterns at the aerodrome.

Subpart 61.ICommercial pilot licences

Division 61.I.1General

61.570  Privileges of commercial pilot licences

  Subject to Subpart 61.E and regulation 61.575, the holder of a commercial pilot licence is authorised:

 (a) to pilot, as pilot in command, any aircraft in any operation, other than:

 (i) a multicrew aircraft in a charter or regular public transport operation; or

 (ii) an aeroplane certificated for singlepilot operation, that has a maximum certificated takeoff weight of more than 5 700 kg, in a regular public transport operation; or

 (iii) a turbojet aeroplane with a maximum certificated takeoff weight of more than 3 500 kg in a regular public transport operation; and

 (b) to pilot, as copilot, any aircraft in any operation.

Note 1: Subpart 61.E sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences.

Note 2: The holder of a commercial pilot licence is also authorised to taxi an aircraft in certain circumstances: see regulation 61.430.

Note 3: The holder of a commercial pilot licence is also authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation: see regulation 61.435.

61.575  Limitations on exercise of privileges of commercial pilot licences—multicrew operations

 (1) On and after 1 September 2015, the holder of a commercial pilot licence is authorised to exercise the privileges of the licence in a multicrew operation only if the holder has completed an approved course of training in multicrew cooperation.

 (2) The holder of a commercial pilot licence that was granted on the basis of regulation 202.272 is taken to meet the requirement mentioned in subregulation (1) if, before 1 September 2015, the holder conducted a multicrew operation.

61.580  Requirements for grant of commercial pilot licences—general

 (1) An applicant for a commercial pilot licence must be at least 18.

 (2) The applicant must also have:

 (a) passed the aeronautical knowledge examination for the commercial pilot licence and the associated aircraft category rating; and

 (b) completed flight training for the commercial pilot licence and the associated aircraft category rating; and

 (c) passed the flight test mentioned in the Part 61 Manual of Standards for the commercial pilot licence and the associated aircraft category rating; and

 (d) met the aeronautical experience requirements mentioned in Division 61.I.2 or 61.I.3.

Note 1: For paragraph (a), for the conduct of aeronautical knowledge examinations, see Division 61.B.3.

Note 2: For paragraph (b), for the requirements for flight training, see Division 61.B.2.

Note 3: For paragraph (c), for the conduct of flight tests, see Division 61.B.4.

Note 4: For paragraph (d), for the determination of a person’s flight time and other aeronautical experience, see Division 61.A.2.

 (3) Despite paragraph 61.245(1)(a), the flight test must be conducted in an aircraft.

 (4) The applicant is taken to meet the requirements of paragraph (2)(b) if the applicant holds an air transport pilot licence with the associated aircraft category rating.

Division 61.I.2Aeronautical experience requirements for commercial pilot licences—applicants who have completed integrated training courses

61.585  Application of Division 61.I.2

  This Division applies to an applicant for a commercial pilot licence who has completed an integrated training course for the licence and the associated aircraft category rating.

61.590  Aeronautical experience requirements for grant of commercial pilot licences—aeroplane category

 (1) An applicant for a commercial pilot licence with the aeroplane category rating must have at least 150 hours of aeronautical experience that includes:

 (a) at least 140 hours of flight time as pilot of an aeroplane; and

 (b) at least 70 hours of flight time as pilot in command of an aeroplane; and

 (c) at least 20 hours of crosscountry flight time as pilot in command of an aeroplane; and

 (d) at least 10 hours of instrument time; and

 (e) at least 5 hours of instrument flight time in an aeroplane.

 (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose.

 (3) The crosscountry flight time required by paragraph (1)(c) must include a flight of at least 300 nautical miles during which a fullstop landing is made at each of 2 aerodromes not within the flight training area for the aerodrome from which the flight began.

 (4) The flight time in an aeroplane required by subregulation (1) must be completed in a registered or recognised aeroplane.

61.595  Aeronautical experience requirements for grant of commercial pilot licences—helicopter category

 (1) An applicant for a commercial pilot licence with the helicopter category rating must have at least 100 hours of aeronautical experience that includes:

 (a) at least 90 hours of flight time as pilot of a helicopter; and

 (b) at least 35 hours of flight time as pilot in command of a helicopter; and

 (c) at least 10 hours of crosscountry flight time as pilot in command of a helicopter; and

 (d) at least 10 hours of instrument time; and

 (e) at least 5 hours of instrument flight time in a helicopter.

 (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as:

 (a) simulated flight time in an approved flight simulation training device for the purpose; or

 (b) tethered flight time.

 (3) However, no more than 5 hours of the required aeronautical experience may be completed as tethered flight time.

 (4) The crosscountry flight time required by paragraph (1)(c) must include a flight of at least 150 nautical miles during which a landing is made at each of 2 landing areas, other than the one from which the flight began.

 (5) The flight time in a helicopter required by subregulation (1) must be completed in a registered or recognised helicopter.

61.600  Aeronautical experience requirements for grant of commercial pilot licences—poweredlift aircraft category

 (1) An applicant for a commercial pilot licence with the poweredlift aircraft category rating must have at least 150 hours of aeronautical experience that includes:

 (a) at least 140 hours of flight time as pilot of a poweredlift aircraft; and

 (b) at least 50 hours of flight time as pilot in command of a poweredlift aircraft; and

 (c) at least 10 hours of crosscountry flight time as pilot in command of a poweredlift aircraft; and

 (d) at least 10 hours of instrument time; and

 (e) at least 5 hours of instrument flight time in a poweredlift aircraft.

 (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as:

 (a) simulated flight time in an approved flight simulation training device for the purpose; or

 (b) tethered flight time.

 (3) However, no more than 5 hours of the required aeronautical experience may be completed as tethered flight time.

 (4) The crosscountry flight time required by paragraph (1)(c) must include a flight of at least 300 nautical miles during which a fullstop landing is made at each of 2 landing areas, other than the one from which the flight began.

 (5) The flight time in a poweredlift aircraft required by subregulation (1) must be completed in a registered or recognised poweredlift aircraft.

Division 61.I.3Aeronautical experience requirements for commercial pilot licences—applicants who have not completed integrated training courses

61.605  Application of Division 61.I.3

  This Division applies to an applicant for a commercial pilot licence who has not completed an integrated training course for the licence and the associated aircraft category rating.

61.610  Aeronautical experience requirements for grant of commercial pilot licences—aeroplane category

 (1) An applicant for a commercial pilot licence with the aeroplane category rating must have at least 200 hours of aeronautical experience that includes:

 (a) at least 190 hours of flight time as a pilot; and

 (b) at least 100 hours of flight time as pilot in command of an aeroplane; and

 (c) at least 20 hours of crosscountry flight time as pilot in command of an aeroplane; and

 (d) at least 10 hours of instrument time; and

 (e) at least 5 hours of instrument flight time in an aeroplane.

 (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as simulated flight time in an approved flight simulation training device for the purpose.

 (3) The crosscountry flight time required by paragraph (1)(c) must include a flight of at least 300 nautical miles during which a fullstop landing is made at each of 2 aerodromes not within the flight training area for the aerodrome from which the flight began.

61.615  Aeronautical experience requirements for grant of commercial pilot licences—helicopter category

 (1) An applicant for a commercial pilot licence with the helicopter category rating must have at least 150 hours of aeronautical experience that includes:

 (a) at least 140 hours of flight time as a pilot; and

 (b) at least 70 hours of flight time as pilot of a helicopter; and

 (c) at least 35 hours of flight time as pilot in command of a helicopter; and

 (d) at least 10 hours of crosscountry flight time as pilot in command of a helicopter; and

 (e) at least 10 hours of instrument time; and

 (f) at least 5 hours of instrument flight time in a helicopter.

 (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as:

 (a) simulated flight time in an approved flight simulation training device for the purpose; or

 (b) tethered flight time.

 (3) However, no more than 5 hours of the required aeronautical experience may be completed as tethered flight time.

 (4) The crosscountry flight time required by paragraph (1)(d) must include a flight of at least 150 nautical miles during which a landing is made at each of 2 landing areas, other than the one from which the flight began.

61.620  Aeronautical experience requirements for grant of commercial pilot licences—poweredlift aircraft category

 (1) An applicant for a commercial pilot licence with the poweredlift aircraft category rating must have at least 200 hours of aeronautical experience that includes:

 (a) at least 190 hours of flight time as a pilot; and

 (b) at least 50 hours of flight time as pilot in command of a poweredlift aircraft; and

 (c) at least 10 hours of crosscountry flight time as pilot in command of a poweredlift aircraft; and

 (d) at least 10 hours of instrument time; and

 (e) at least 5 hours of instrument flight time in a poweredlift aircraft.

 (2) Any of the required aeronautical experience that is not completed as flight time as a pilot must be completed as:

 (a) simulated flight time in an approved flight simulation training device for the purpose; or

 (b) tethered flight time.

 (3) However, no more than 5 hours of the required aeronautical experience may be completed as tethered flight time.

 (4) The crosscountry flight time required by paragraph (1)(c) must include a flight of at least 300 nautical miles during which a fullstop landing is made at each of 2 landing areas, other than the one from which the flight began.

61.625  Aeronautical experience requirements for grant of commercial pilot licences—gyroplane category

 (1) An applicant for a commercial pilot licence with the gyroplane category rating must have completed at least 150 hours of aeronautical experience that includes:

 (a) at least 75 hours of flight time as pilot of a gyroplane; and

 (b) at least 35 hours of flight time as pilot in command of a gyroplane; and

 (c) at least 20 hours of dual flight in a gyroplane; and

 (d) at least 20 hours of crosscountry flight time as pilot in command of a powered aircraft; and

 (e) at least 10 hours of crosscountry flight time as pilot in command of a gyroplane; and

 (f) at least 10 hours of dual instrument time in an aircraft or approved flight simulation training device for the purpose.

 (2) The crosscountry flight time required by paragraph (1)(e) must include a flight of at least 150 nautical miles during which a fullstop landing is made at each of 2 landing areas, other than the one from which the flight began.

61.630  Aeronautical experience requirements for grant of commercial pilot licences—airship category

 (1) An applicant for a commercial pilot licence with the airship category rating must have at least 200 hours of aeronautical experience that includes:

 (a) at least 180 hours of flight time as a pilot; and

 (b) at least 50 hours of flight time as pilot of an airship; and

 (c) at least 30 hours of flight time as pilot in command, or pilot in command under supervision, of an airship; and

 (d) at least 10 hours of crosscountry flight time as pilot in command, or pilot in command under supervision, of an airship; and

 (e) at least 10 hours of flight time at night as pilot in command, or pilot in command under supervision, of an airship; and

 (f) at least 40 hours of instrument time; and

 (g) at least 20 hours of instrument flight time; and

 (h) at least 10 hours of instrument flight time in an airship.