I, steven JAMES campbell, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed S. Campbell]

Steven Campbell
Executive Manager, National Operations & Standards

14 March 2025

1 Name of instrument

  This instrument is CASA EX14/25 – Serviceability of Equipment under the Part 91, 121, 133 and 135 Manuals of Standards – Exemption Instrument 2025.

2 Duration

  This instrument:

(a) commences on the day after it is registered; and

(b) is repealed at the end of 28 February 2027.

 (1) Subject to subsection (2), in this instrument, words and phrases have the same meaning as in the CASR Dictionary.

 (2) In this instrument:

Part 91 MOS means the Part 91 (General Operating and Flight Rules) Manual of Standards 2020.

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.

  This instrument applies according to its terms to the operator and the pilot in command of an aircraft for a relevant flight of a kind mentioned in the instrument.

Part 1 — Part 91 of CASR

5 Exemptions — Part 91 of CASR and the Part 91 MOS

  The operator, and the pilot in command, of an aircraft in an operation to which Part 91 of CASR applies are each exempted from compliance with subregulation 91.810(2) of CASR but:

(a) only to the extent of section 26.04 of the Part 91 MOS in its application to a provision specified in an item of column 1 of the following Table; and

Note   In general terms, the requirement under section 26.04 is that the relevant equipment must be operative.

(b) subject to compliance with the conditions mentioned in the same item in column 2; and

(c) only until the end of the specified number of calendar days after the day the relevant equipment was found to be inoperative, as mentioned in the same item in column 2.

Note 1   To assist readers, the relevant equipment to which a provision relates is mentioned in parenthesis in column 1 of the Table. But for the exemption, section 26.04 of the Part 91 MOS would require the relevant equipment to be operative.

Note 2   In effect, the inoperative relevant equipment must be repaired within the specified number of calendar days. A calendar day is any day of the week, including a Saturday, a Sunday or a public holiday.

Item

Column 1

Part 91 MOS provision

Column 2

Conditions and duration

1

Subsection 26.41(3)

(Flight crew intercommunications system — IFR flights)

  1.      The aircraft must begin the flight with at least 2 pilots.
  2.      Each assigned flight crew member must have an operative headset and microphone that is not of a hand-held type.
  3.      The approved minimum equipment list (the MEL) for the aircraft must permit the aircraft to begin a flight with the relevant headsets and microphones inoperative, under conditions no less restrictive, including as to duration, than those prescribed in this item.

Note   A MEL is approved under regulation 91.935.

  1.      3 calendar days.

Part 2 — Part 121 of CASR

6 Exemptions — Part 121 of CASR and the Part 121 MOS

  The operator, and the pilot in command, of an aeroplane operation to which Part 121 of CASR applies are each exempted from compliance with subregulation 121.460(2) of CASR but:

(a) only to the extent of section 11.06 of the Part 121 MOS in its application to a provision specified in an item of column 1 of the following Table; and

Note   In general terms, the requirement under section 11.06 is that relevant equipment must be operative.

(b) subject to compliance with the conditions mentioned in the same item in column 2; and

(c) only until the end of the specified number of calendar days after the day the relevant equipment was found to be inoperative, as mentioned in the same item in column 2.

Note 1   To assist readers, the relevant equipment to which a provision relates is mentioned in parenthesis in column 1 of the Table. But for the exemption, section 11.06 of the Part 121 MOS would require the relevant equipment to be operative.

Note 2   In effect, the inoperative relevant equipment must be repaired within the specified number of calendar days. A calendar day is any day of the week, including a Saturday, a Sunday or a public holiday.

Item

Column 1

Part 121 MOS provision

Column 2

Conditions and duration

1

Section 11.11

(Equipment to ensure clear view through the windshield — the relevant equipment)

  1.      There must be no actual or forecast precipitation within 5 nautical miles of the aerodrome of intended take-off or landing.
  2.      The approved MEL for the aeroplane must permit the equipment required to ensure a clear view through the windshield to be inoperative, under conditions no less restrictive, including as to duration, than those prescribed in this item.
  3.      Low-visibility operations are not permitted.

Note   Low-visibility operations are defined in Part 1 of the CASR Dictionary.

  1.      10 calendar days.

2

Section 11.16

(Anti-collision lights)

  1.      The aeroplane must not be operated at night.
  2.      The approved MEL for the aeroplane must permit the aeroplane to begin a flight with the relevant anti-collision lights inoperative, under conditions no less restrictive, including as to duration, than those prescribed in this item.
  3.      The operator must have operational procedures in its exposition or in the aeroplane MEL for operations on the ground with the anti-collision lights inoperative, including procedures for:
  1.        informing ground crew and maintenance personnel when they may, or may not, approach the aeroplane; and
  2.      the flight crew to determine that it is safe to start the aeroplane engines and taxi the aeroplane.
  1.      The procedures under paragraph (c) must be provided to all ground handling and maintenance personnel (relevant personnel) at each airport where the aeroplane would operate.
  2.      A process must be in place for notifying all relevant personnel that the anti-collision lights are not operating, and that the procedures therefore apply.
  3.       3 calendar days.

3

Section 11.35

(Data link recorder)

  1.      The aeroplane cockpit voice recorder must be operative.
  2.      21 calendar days.

4

Subsection 11.36(2)

(Flight crew intercommunication system — headset and microphone, not hand-held type, for each flight crew member)

  1.      The aeroplane must be fitted with operative equipment mentioned in subsection 11.36(1).
  2.      The approved MEL for the aeroplane must permit the aeroplane to begin a flight with the relevant headsets and microphones inoperative, under conditions no less restrictive, including as to duration, than those prescribed in this item.
  3.      3 calendar days.

5

Subsection 11.47(3) but only in relation to items 1 and 2 in Table 11.48 of section 11.48

(Emergency locator transmitters (ELTs))

  1.      The aeroplane operation must be one for which life rafts are NOT required to be carried.
  2.      The approved MEL for the aeroplane must permit the aeroplane to begin a flight with the relevant ELT inoperative, under conditions no less restrictive, including as to duration, than those prescribed in this item.
  3.      The aeroplane must be fitted with, or carry, at least 1 operative ELT.
  4.      3 calendar days.

6

Subsection 11.47(3) but only in relation to items 3 and 4 in Table 11.48 of section 11.48

(Emergency locator transmitters (ELTs))

  1.      One of the purposes of the aeroplane operation must be to fly the aeroplane to a place for repair, or refitting, of the ELT.
  2.      The approved MEL for the aeroplane must permit the aeroplane to begin a flight with the relevant ELT inoperative, under conditions no less restrictive, including as to duration, than those prescribed in this item.
  3.      The aeroplane operation must be one in which NO passengers of any kind are carried.
  4.      The aeroplane operation must be one for which life rafts are NOT required to be carried.
  5.      3 calendar days.

Part 3 — Part 133 of CASR

7 Exemptions — Part 133 of CASR and the Part 133 MOS

  The operator, and the pilot in command, of a rotorcraft operation to which Part 133 of CASR applies are each exempted from compliance with subregulation 133.360(2) of CASR but:

(a) only to the extent of section 11.04 of the Part 133 MOS in its application to a provision specified in an item of column 1 of the following Table; and

Note   In general terms, the requirement under section 11.04 is that relevant equipment must be operative.

(b) subject to compliance with the conditions mentioned in the same item in column 2; and

(c) only until the end of the specified number of calendar days after the day the relevant equipment was found to be inoperative, as mentioned in the same item in column 2.

Note 1   To assist readers, the relevant equipment to which a provision relates is mentioned in parenthesis in column 1 of the Table. But for the exemption, section 11.04 of the Part 133 MOS would require the relevant equipment to be operative.

Note 2   In effect, the inoperative relevant equipment must be repaired within the specified number of calendar days. A calendar day is any day of the week, including a Saturday, a Sunday or a public holiday.

Item

Column 1

Part 133 MOS provision

Column 2

Conditions and duration

1

Section 11.13

(Anti-collision lights)

  1.      The rotorcraft must not be operated at night.
  2.      The approved MEL for the rotorcraft must permit the rotorcraft to begin a flight with the relevant anti-collision lights inoperative, under conditions no less restrictive, including as to duration, than those prescribed in this item.
  3.      The operator must have operational procedures in its exposition or in the rotorcraft MEL for operations on the ground with the anti-collision lights inoperative, including procedures for:
  1.        informing ground crew and maintenance personnel when they may, or may not, approach the rotorcraft; and
  2.      the flight crew to determine that it is safe to start the rotorcraft engines and taxi the rotorcraft.
  1.      The procedures under paragraph (c) must be provided to all ground handling and maintenance personnel (relevant personnel) at each location where the rotorcraft would operate.
  2.      A process must be in place for notifying all relevant personnel that the anti-collision lights are not operating, and that the procedures therefore apply.
  3.       3 calendar days.

2

Subsection 11.41(1)

(Emergency locator transmitters (ELTs))

  1.      One of the purposes of the rotorcraft operation must be to fly the rotorcraft to a place for repair, or refitting, of the ELT.
  2.      The approved MEL for the rotorcraft must permit the rotorcraft to begin a flight with the relevant ELT inoperative, under conditions no less restrictive, including as to duration, than those prescribed in this item.
  3.      The rotorcraft operation must be one in which NO passengers of any kind are carried.
  4.      The rotorcraft operation must be one for which life rafts are NOT required to be carried.
  5.      3 calendar days.

Part 4 — Part 135 of CASR

8 Exemptions — Part 135 of CASR and the Part 135 MOS

  The operator, and the pilot in command, of an aeroplane operation to which Part 135 of CASR applies are each exempted from compliance with subregulation 135.370(2) of CASR but:

(a) only to the extent of section 11.04 of the Part 135 MOS in its application to a provision specified in an item of column 1 of the following Table; and

Note   In general terms, the requirement under section 11.04 is that relevant equipment must be operative.

(b) subject to compliance with the conditions mentioned in the same item in column 2; and

(c) only until the end of the specified number of calendar days after the day the relevant equipment was found to be inoperative, as mentioned in the same item in column 2.

Note 1   To assist readers, the relevant equipment to which a provision relates is mentioned in parenthesis in column 1 of the Table. But for the exemption, section 11.04 of the Part 135 MOS would require the relevant equipment to be operative.

Note 2   In effect, the inoperative relevant equipment must be repaired within the specified number of calendar days. A calendar day is any day of the week, including a Saturday, a Sunday or a public holiday.

Item

Column 1

Part 135 MOS provision

Column 2

Conditions and duration

1

Section 11.11

(Equipment to ensure clear view through the windshield)

  1.      There must be no actual or forecast precipitation within 5 nautical miles of the aerodrome of intended take-off or landing.
  2.      The approved MEL for the aeroplane must permit the equipment required to ensure a clear view through the windshield to be inoperative, under conditions no less restrictive, including as to duration, than those prescribed in this item.
  3.      Low-visibility operations are not permitted.

Note   Low-visibility operations are defined in Part 1 of the CASR Dictionary.

  1.      10 calendar days.

2

Section 11.16

(Anti-collision lights)

  1.      The aeroplane must not be operated at night.
  2.      The approved MEL for the aeroplane must permit the aeroplane to begin a flight with the relevant anti-collision lights inoperative, under conditions no less restrictive, including as to duration, than those prescribed in this item.
  3.      The operator must have operational procedures in its exposition or in the aeroplane MEL for operations on the ground with the anti-collision lights inoperative, including procedures for:
  1.        informing ground crew and maintenance personnel when they may, or may not, approach the aeroplane; and
  2.      the flight crew to determine that it is safe to start the aeroplane engines and taxi the aeroplane.
  1.      The procedures under paragraph (c) must be provided to all ground handling and maintenance personnel (relevant personnel) at each airport where the aeroplane would operate.
  2.      A process must be in place for notifying all relevant personnel that the anti-collision lights are not operating, and that the procedures therefore apply.
  3.       3 calendar days.

3

Subsection 11.37(3)

(Flight crew intercommunication system)

  1.      The aeroplane must be fitted with operative equipment mentioned in subsection 11.37(1).
  2.      The approved MEL for the aeroplane must permit the aeroplane to begin a flight with the relevant headsets and microphones inoperative, under conditions no less restrictive, including as to duration, than those prescribed in this item.
  3.      The flight must begin with at least 2 pilots.
  4.      3 calendar days.

4

Subsection 11.47(1)

(Carriage of ELTs (ELTs))

  1.      One of the purposes of the aeroplane operation must be to fly the aeroplane to a place for repair, or refitting, of the ELT.
  2.      The approved MEL for the aeroplane must permit the aeroplane to begin a flight with the relevant ELT inoperative, under conditions no less restrictive, including as to duration, than those prescribed in this item.
  3.      The aeroplane operation must be one in which NO passengers of any kind are carried.
  4.      The aeroplane operation must be one for which life rafts are NOT required to be carried.
  5.      3 calendar days.