Instrument number CASA EX115/23

I, PHILIPPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed P. Spence]

Pip Spence
Director of Aviation Safety

1 December 2023

CASA EX115/23 — Air Transport Operations (Enhanced Aircraft Equipment Requirements) Exemption 2023

1 Name

  This instrument is CASA EX115/23 — Air Transport Operations (Enhanced Aircraft Equipment Requirements) Exemption 2023.

2 Duration

  This instrument:

(a) commences on 2 December 2023; and

(b) is repealed at the end of 2 June 2024.

3 Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988, the regulations, the Part 121 MOS, the Part 133 MOS and the Part 135 MOS. These include: CASR, Part 121 operation, Part 133 operation, Part 135 operation and pilot in command.

  In this instrument:

AMOC means alternative means of compliance.

approved operator means an operator to whom CASA has issued an approval under section 5.

exempt aircraft means an aircraft specified in an approval issued to an approved operator under section 5.

Part 121 MOS means the Part 121 (Australian Air Transport Operations—Larger Aeroplanes) Manual of Standards 2020.

Part 133 MOS means the Part 133 (Australian Air Transport Operations—Rotorcraft) Manual of Standards 2020.

Part 135 MOS means the Part 135 (Australian Air Transport Operations—Smaller Aeroplanes) Manual of Standards 2020.

relevant operation means a Part 121 operation, a Part 133 operation or a Part 135 operation conducted for an approved operator by the pilot in command of an exempt aircraft.

relevant provision means a provision of the Part 121 MOS, Part 133 MOS or Part 135 MOS that is mentioned in the Table in Schedule 1.             

4 Application

  This instrument applies to:

(a) an approved operator for a relevant operation; and

(b) the pilot in command of an exempt aircraft engaged in a relevant operation.

5 Approval

 (1) If the requirements of subsection (2) are met, CASA may issue an approval to an operator, who is engaged in a Part 121 operation, Part 133 operation or Part 135 operation, to operate a specified aircraft that does not comply with a relevant provision.

 (2) The requirements are:

(a) the operator has demonstrated to CASA that they have been unable to comply with one or more of the relevant provisions due to supply chain challenges; or

(b) the operator has demonstrated to CASA that they have been unable to comply with one or more of the relevant provisions due to scheduling of necessary maintenance; or

(c) the operator has, on or before 2 December 2023, submitted to CASA an AMOC for one or more of the relevant provisions and that AMOC is under assessment by CASA; or

(d) the operator has otherwise demonstrated to CASA that they have made appropriate arrangements to achieve compliance with the relevant provisions in a timely fashion.

 (3) An approval issued under this section must specify:

(a) the aircraft for which the approval is given; and

(b) any relevant provision with which the aircraft does not comply for the purposes of the approval.

 (4) CASA may impose any conditions on an approval issued under this section that CASA considers appropriate in the interests of aviation safety.

6 Exemptions

  When conducting a relevant operation using an exempt aircraft, the approved operator and pilot in command are exempt from regulations 121.460, 133.360 and 135.370 of CASR (as applicable), to the extent that they require compliance with a relevant provision specified in the approval issued to the operator under section 5.

7 Conditions

  An exemption under section 6 is subject to the condition that the relevant operator must comply with any conditions imposed on the approval issued under section 5.

Schedule 1 Table of relevant provisions