Instrument number CASA EX89/11

I, john francis mccormick, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed John F. McCormick]

John F. McCormick
Director of Aviation Safety

15 August 2011

Exemption recency requirements for night flying (Surveillance Australia Pty Ltd)

1 Duration

 This instrument:

(a) commences on the day after registration; and

(b) stops having effect at the end of 31 July 2014.

2 Application

 The instrument applies to a flight undertaken by a commercial (aeroplane) pilot or an air transport (aeroplane) pilot:

(a) at night; and

(b) as the pilot in command of an aeroplane operated by Surveillance Australia Pty Ltd, trading as Cobham Aviation Services Pty Ltd – Special Mission, Aviation Reference Number 532345 (the operator).

3 Exemption

 A pilot to whom this exemption applies is exempt from compliance with paragraphs 5.109 (1) (b) and 5.170 (1) (b) of the Civil Aviation Regulations 1988.

4 Conditions

 The exemption is subject to the conditions mentioned in Schedule 1.

Schedule 1 Conditions

 1 Subject to this Schedule, a pilot must not carry out a flight to which this instrument applies unless, within the period of 90 days immediately before the day of the proposed flight, he or she has carried out at least 3 take-offs and 3 landings at night, consisting of take-offs and landings in an aeroplane of the same type or in a flight simulator approved for aeroplanes of that type.

 2 A pilot who does not meet the requirements of clause 1 must, before carrying out a flight to which this instrument applies, meet the recency requirements in clause 3.

 3 Subject to clause 4, a pilot may carry out a flight to which this instrument applies if he or she has carried out a take-off and landing at night within the period of 30 days referred to in clause 4:

(a) under the supervision of a person holding a delegation to issue or renew ratings or conduct flight tests; and

(b) while line flying in an aeroplane of the same type or in a flight simulator approved for aeroplanes of that type.

 4 Satisfaction of the recency requirement referred to in clause 3 may only be used within the period of 30 days immediately following a period of 90 days in which the pilot has failed to maintain compliance with the recency requirement mentioned in clause 1.

Note   The purpose of clauses 3 and 4 is to allow a pilot a further period of 30 days in which to renew recency in accordance with clause 1.