CASA EX96/23

Instrument number CASA EX96/23

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed Chris Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

29 November 2023

CASA EX96/23 – Amendment of CASA EX84/21 – Instrument 2023 (No. 2)

1 Name

This instrument is CASA EX96/23 – Amendment of CASA EX84/21 – Instrument 2023 (No. 2).

2 Commencement

This instrument commences on 2 December 2023.

3 Amendment of CASA EX84/21

Schedule 1 amends CASA EX84/21 – Part 133 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021.

Schedule 1 Amendments

[1] Subsection 3 (1), definition of CAR

repeal and substitute

CAR means the Civil Aviation Regulations 1988.

[2] After section 20A

insert

20B Training and checking — direction

(1) In this section:

non-normal exercise means a rotorcraft flight that involves the simulated failure of a vital system.

specified training or check means a rotorcraft training or check event that involves carrying out a non-normal exercise.

vital system means a system whose simulated failure in flight would adversely affect the safety of the rotorcraft as compared to normal operation.

(2) This section applies to an Australian air transport operator (the operator) who, immediately before 2 December 2021:

(a) conducted charter operations, or aerial work (air ambulance) operations in a rotorcraft (the operations); and

(b) did not hold an approval under subregulation 217 (3) of CAR, as in force immediately before 2 December 2021, for a training and checking organisation for the rotorcraft in the operations.

(3) The operator must not use an individual to conduct the specified training or check for a flight crew member of the operator’s personnel that is required under Part 133, unless a requirement mentioned in subsection (4) or (5) is met.

(4) For subsection (3), if a registered aircraft that is a rotorcraft is used:

(a) the individual must be able to exercise the privileges of one of the following for the relevant type or class (as applicable) of rotorcraft being used for the specified training or check:

(i) a flight instructor rating and appropriate training endorsement;

(ii) a flight examiner rating and appropriate flight examiner endorsement;

(iii) if the specified training or check is conducted in a flight training device — a simulator instructor rating and appropriate training endorsement;

(iv) an approval under regulation 61.040 that confers equivalent privileges as those under subparagraph (i), (ii) or (iii), as applicable to the specified training or check; or

(b) the operator must hold CASA’s approval that their training and checking system, as applied to the individual, produces a safety outcome equivalent to that under paragraph (a).

Note 1 The effect of subsection (4) is that if the operator uses an individual to conduct a specified training or check, the individual must have appropriate CASR Part 61 qualifications to conduct the training or check unless the operator obtains CASA’s approval.

Note 2 The requirements under regulation 133.377 of CASR, and section 12.11 of the Part 133 MOS, must still be met in addition to the requirements in paragraph (4) (a) or (b).

Note 3 For registered, in relation to a rotorcraft, see the definition in the CASR Dictionary.

(5) For subsection (3), if a foreign registered aircraft that is a rotorcraft is used:

(a) the individual used by the operator must be able to exercise the privileges of an authorisation (however described) from the national aviation authority of the State of Registry for the rotorcraft, that are at least equivalent to the privileges described in paragraph (4) (a); or

(b) the operator must hold CASA’s approval that their training and checking system, as applied to the individual, produces a safety outcome equivalent to that under paragraph 4 (a).

Note 1 An operator conducting specified training or check must also comply with the requirements of section 9C.

Note 2 For foreign registered aircraft, see the definition in section 3 of the Civil Aviation Act 1988.

[3] Paragraphs 28 (1) (a) and (b), including the Notes

repeal and substitute

(a) not later than the end of a date specified in writing by CASA — must give CASA their proposed Part 133 PC exposition content, accompanied by the relevant approved Form and any supporting documents that are specified in writing by CASA; and