(1) This regulation applies in relation to a flight of an aircraft that occurs after the main commencement time if:
(a) an instrument (the old instrument ) mentioned in column 2 of an item in the following table applies in relation to the flight, or would have applied in relation to the flight if the amending Regulations had not been made; and
(b) the old instrument is an eligible instrument; and
(c) the old instrument:
(i) is in force immediately before the main commencement time; or
(ii) is made, or taken to be made, after the main commencement time as a result of the operation of a provision of this Division; and
(d) after the main commencement time, a requirement (the new requirement ) mentioned in column 3 of the item applies in relation to the flight.
Note: For the definition of eligible instrument , see 202.405A.
Exemption from new requirement where old instrument applies | |||
Item | Column 1 | Column 2 | Column 3 |
| Subject | Old instrument | New requirement |
1 | Radio -
| An approval of a radiocommunication system under subregulation 82(1) of the old CAR in relation to an aircraft | A requirement under any of the following provisions relating to the fitment or carriage of a radiocommunication system: (a) a provision of the Part 91 Manual of Standards prescribed for the purposes of subregulation 91.810(1); (b) a provision of the Part 103 Manual of Standards prescribed for the purposes of subregulation 103.090(1); (c) a provision of the Part 121 Manual of Standards prescribed for the purposes of subregulation 121.460(1); (d) a provision of the Part 131 Manual of Standards prescribed for the purposes of subregulation 131.460(1); (e) a provision of the Part 133 Manual of Standards prescribed for the purposes of subregulation 133.360(1); (f) a provision of the Part 135 Manual of Standards prescribed for the purposes of subregulation 135.370(1); (g) a provision of the Part 138 Manual of Standards prescribed for the purposes of subregulation 138.465(2) |
2 | Radio - | An exemption under subregulation 82(3) of CAR (as in force before the commencement of the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 2) ) in relation to an aircraft that continued to have effect because of regulation 202.011A of these Regulations (as in force before the main commencement time) | A requirement under any of the following provisions relating to the fitment or carriage of a radiocommunication system: (a) a provision of the Part 91 Manual of Standards prescribed for the purposes of subregulation 91.810(1); (b) a provision of the Part 103 Manual of Standards prescribed for the purposes of subregulation 103.090(1); (c) a provision of the Part 121 Manual of Standards prescribed for the purposes of subregulation 121.460(1); (d) a provision of the Part 131 Manual of Standards prescribed for the purposes of subregulation 131.460(1); (e) a provision of the Part 133 Manual of Standards prescribed for the purposes of subregulation 133.360(1); (f) a provision of the Part 135 Manual of Standards prescribed for the purposes of subregulation 135.370(1); (g) a provision of the Part 138 Manual of Standards prescribed for the purposes of subregulation 138.465(2) |
3 | Documents to be carried in aircraft | An approval under paragraph 139(1)(c) or (d) of the old CAR in relation to a document that must be carried on an aircraft when flying | A requirement under any of the following provisions to carry the document on an aircraft when a flight begins: (a) paragraph 91.105(2)(a) or subregulation 91.110(3); (b) a provision of the Part 121 Manual of Standards prescribed for the purposes of paragraph 121.085(1)(a); (c) a provision of the Part 131 Manual of Standards prescribed for the purposes of subregulation 131.275(1); (d) a provision of the Part 133 Manual of Standards prescribed for the purposes of paragraph 133.055(1)(a); (e) a provision of the Part 135 Manual of Standards prescribed for the purposes of paragraph 135.065(1)(a) |
4 | Picking up of persons or objects during aerial work operations | Authority under subregulation 151(3) of the old CAR for a person to be picked up by an aircraft during a flight involving an aerial work operation | A requirement in relation to the pick up or set down of a person during a flight under a provision prescribed by the Part 138 Manual of Standards for the purposes of subregulation 138.410(2) |
5 | Picking up of persons or objects during medical transport operations | Authority under subregulation 151(3) of the old CAR for a person to be picked up by an aircraft during a flight involving an aerial work (air ambulance) operation | A requirement under a provision prescribed by the Part 133 Manual of Standards for the purposes of paragraph 133.295(1)(b) in relation to an external load operation involving winching a person during a flight |
6 | Low flying during aerial work operations | A permit under paragraph 157(4)(b) of the old CAR for a flight during an aerial work operation to be made at a lower height | A requirement under a provision prescribed by the Part 138 Manual of Standards for the purposes of regulation 138.275 in relation to the circumstances of the flight |
7 | Instruments and equipment for VFR flights | Permission under subregulation 174A(3) of the old CAR for an aircraft to be flown under the VFR | A requirement under any of the following provisions relating to the fitment or carriage of equipment on the aircraft for a flight under the VFR: (a) a provision of the Part 91 Manual of Standards prescribed for the purposes of subregulation 91.273(1); (b) a provision of the Part 91 Manual of Standards prescribed for the purposes of subregulation 91.810(1); (c) a provision of the Part 103 Manual of Standards prescribed for the purposes of subregulation 103.090(1); (d) a provision of the Part 131 Manual of Standards prescribed for the purposes of subregulation 131.367(1); (e) a provision of the Part 131 Manual of Standards prescribed for the purposes of subregulation 131.460(1); (f) a provision of the Part 133 Manual of Standards prescribed for the purposes of subregulation 133.360(1); (g) a provision of the Part 135 Manual of Standards prescribed for the purposes of subregulation 135.370(1); (h) a provision of the Part 138 Manual of Standards prescribed for the purposes of subregulation 138.465(2) |
8 | Instruments and equipment for VFR flights by night | Permission under subregulation 174A(4) of the old CAR for an aircraft to be flown under the VFR at night | A requirement under any of the following provisions relating to the fitment or carriage of equipment on the aircraft for a VFR flight by night: (a) a provision of the Part 91 Manual of Standards prescribed for the purposes of subregulation 91.273(1); (b) a provision of the Part 91 Manual of Standards prescribed for the purposes of subregulation 91.810(1); (c) a provision of the Part 131 Manual of Standards prescribed for the purposes of subregulation 131.367(1); (d) a provision of the Part 131 Manual of Standards prescribed for the purposes of subregulation 131.460(1); (e) a provision of the Part 133 Manual of Standards prescribed for the purposes of subregulation 133.360(1); (f) a provision of the Part 135 Manual of Standards prescribed for the purposes of subregulation 135.370(1); (g) a provision of the Part 138 Manual of Standards prescribed for the purposes of subregulation 138.465(2) |
9 | VFR flights at night by single engine turbine powered aircraft | Both: (a) an approval under subparagraph
(b)
an approval under subparagraph | A requirement under subregulation 135.240(2) in relation to a VFR flight at night |
10 | VFR flights at night below 1,000 feet | Permission under subregulation 174B(4) of the old CAR for an aircraft to be flown under the VFR at night at a height of less than 1,000 feet above the highest obstacle located within 10 miles of the aircraft | A requirement under regulation 91.277 in relation to a VFR flight at night |
11 | Navigation equipment for VFR flights | Permission under subregulation 174D(4) of the old CAR in relation to the requirements for equipping an aircraft for flight under the VFR for navigation or to obtain positive position fixes | A requirement under any of the following provisions relating to requirements for equipping an aircraft for a VFR flight for navigation or to obtain positive position fixes: (a) a provision of the Part 91 Manual of Standards prescribed for the purposes of subregulation 91.273(1); (b) a provision of the Part 91 Manual of Standards prescribed for the purposes of subregulation 91.810(1); (c) a provision of the Part 103 Manual of Standards prescribed for the purposes of subregulation 103.090(1); (d) a provision of the Part 131 Manual of Standards prescribed for the purposes of subregulation 131.367(1); (e) a provision of the Part 131 Manual of Standards prescribed for the purposes of subregulation 131.460(1); (f) a provision of the Part 133 Manual of Standards prescribed for the purposes of subregulation 133.360(1); (g) a provision of the Part 135 Manual of Standards prescribed for the purposes of subregulation 135.370(1); (h) a provision of the Part 138 Manual of Standards prescribed for the purposes of subregulation 138.465(2) |
12 | IFR flights by single engine turbine powered aircraft | Both: (a) an approval under
subparagraph (b) an approval under subparagraph
| A requirement under subregulation 135.240(2) in relation to an IFR flight |
13 | Instruments and equipment for IFR flights | Permission under subregulation 177(3) of the old CAR for an aircraft to be flown under the IFR | A requirement under any of the following provisions relating to the fitment or carriage of equipment on an aircraft for an IFR flight: (a) a provision of the Part 91 Manual of Standards prescribed for the purposes of subregulation 91.287(1); (b) a provision of the Part 91 Manual of Standards prescribed for the purposes of subregulation 91.810(1); (c) a provision of the Part 121 Manual of Standards prescribed for the purposes of subregulation 121.460(1); (d) a provision of the Part 133 Manual of Standards prescribed for the purposes of subregulation 133.360(1); (e) a provision of the Part 135 Manual of Standards prescribed for the purposes of subregulation 135.370(1); (f) a provision of the Part 138 Manual of Standards prescribed for the purposes of subregulation 138.465(2) |
14 | Instruments and equipment for IFR flights at night | Permission under subregulation 177(4) of the old CAR for an aircraft to be flown under the IFR at night | A requirement under any of the following provisions relating to the fitment or carriage of equipment on an aircraft for an IFR flight by night: (a) a provision of the Part 91 Manual of Standards prescribed for the purposes of subregulation 91.287(1); (b) a provision of the Part 91 Manual of Standards prescribed for the purposes of subregulation 91.810(1); (c) a provision of the Part 121 Manual of Standards prescribed for the purposes of subregulation 121.460(1); (d) a provision of the Part 133 Manual of Standards prescribed for the purposes of subregulation 133.360(1); (e) a provision of the Part 135 Manual of Standards prescribed for the purposes of subregulation 135.370(1); (f) a provision of the Part 138 Manual of Standards prescribed for the purposes of subregulation 138.465(2) |
15 | Navigation equipment for IFR flights | Permission under subregulation 179A(4) of the old CAR in relation to the requirements for equipping an aircraft for flight under the IFR for navigation or to obtain positive position fixes | A requirement under any of the following provisions relating to requirements for equipping an aircraft for an IFR flight for navigation or to obtain positive position fixes: (a) a provision of the Part 91 Manual of Standards prescribed for the purposes of subregulation 91.287(1); (b) a provision of the Part 91 Manual of Standards prescribed for the purposes of subregulation 91.810(1); (c) a provision of the Part 121 Manual of Standards prescribed for the purposes of subregulation 121.460(1); (d) a provision of the Part 133 Manual of Standards prescribed for the purposes of subregulation 133.360(1); (e) a provision of the Part 135 Manual of Standards prescribed for the purposes of subregulation 135.370(1); (f) a provision of the Part 138 Manual of Standards prescribed for the purposes of subregulation 138.465(2) |
16 | Navigation lights | A direction under subregulation 196(1) of the old CAR in relation to the display of navigation lights for a flight or operation of an aeroplane | A requirement under any of the following provisions to fit or display navigation lights: (a) a provision of the Part 91 Manual of Standards prescribed for the purposes of subregulation 91.810(1); (b) a provision of the Part 121 Manual of Standards prescribed for the purposes of subregulation 121.460(1); (c) a provision of the Part 135 Manual of Standards prescribed for the purposes of subregulation 135.370(1); (d) a provision of the Part 138 Manual of Standards prescribed for the purposes of subregulation 138.465(2) |
17 | Anti - collision lights | A direction under subregulation 196(3) of the old CAR in relation to the display of anti - collision lights for a flight or operation of an aeroplane | A requirement under any of the following provisions to fit or display anti - collision lights: (a) a provision of the Part 91 Manual of Standards prescribed for the purposes of subregulation 91.810(1); (b) a provision of the Part 121 Manual of Standards prescribed for the purposes of subregulation 121.460(1); (c) a provision of the Part 135 Manual of Standards prescribed for the purposes of subregulation 135.370(1); (d) a provision of the Part 138 Manual of Standards prescribed for the purposes of subregulation 138.465(2) |
18 | Airship lights | A direction under subregulation 203(1) of the old CAR in relation to the display of lights for a flight or operation of an airship | A requirement under a provision of the Part 131 Manual of Standards prescribed for the purposes of subregulation 131.460(1) to fit or display lights |
19 | Aircraft instruments and equipment | An approval under subregulation 207(2) of the old CAR in relation to the fitting of an instrument, or the carriage of equipment, for an aircraft | Both: (a) a requirement to fit an instrument of the type covered by the approval mentioned in column 2, or to carry equipment of the type covered by the approval mentioned in column 2, for an aircraft; and (b) a requirement relating to an instrument of the type covered by the approval mentioned in column 2, or equipment of the type covered by the approval mentioned in column 2, that is fitted to, or carried on, an aircraft; under any of the following provisions: (c) a provision of the Part 91 Manual of Standards prescribed for the purposes of subregulation 91.810(1); (d) a provision of the Part 103 Manual of Standards prescribed for the purposes of subregulation 103.090(1); (e) a provision of the Part 121 Manual of Standards prescribed for the purposes of subregulation 121.460(1); (f) a provision of the Part 131 Manual of Standards prescribed for the purposes of subregulation 131.460(1); (g) a provision of the Part 133 Manual of Standards prescribed for the purposes of subregulation 133.360(1); (h) a provision of the Part 135 Manual of Standards prescribed for the purposes of subregulation 135.370(1); (i) a provision of the Part 138 Manual of Standards prescribed for the purposes of subregulation 138.465(2) |
20 | Flight check systems | An approval under subregulation 232(2) of the old CAR of a flight check system for an aircraft | A requirement under paragraph 91.095(2)(a) or subregulation 121.055(1), 131.255(1), 133.030(1), 135.040(1) or 138.210(2) to comply with the flight check requirements set out in the aircraft flight manual instructions for an aircraft |
21 | Carriage on wings, undercarriage etc. for aerial work operations | Permission under subregulation 250(2) of the old CAR for the carriage of a person during a flight involving an aerial work operation | A requirement under a provision of the Part 138 Manual of Standards prescribed for the purposes of subregulation 138.410(2) |
22 | Carriage of animals | A permission under subregulation 256A(1) of the old CAR to carry a live animal on an aircraft | A requirement under a provision of the Part 91 Manual of Standards prescribed for the purposes of subregulation 91.620(5) relating to the carriage of animals on an aircraft |
Exemption taken to be granted
(2) A person who would (apart from this subregulation) contravene an offence provision of these Regulations if the new requirement is not met in relation to the flight is taken, after the main commencement time, to have been granted an exemption (the new exemption ) under Division 11.F.1 from the new requirement for the flight.
(3) For the purposes of regulation 11.205, the new exemption is taken to have been granted on the condition that any terms or conditions of the old instrument are complied with.
(4) The new exemption ceases at the earliest of the following:
(a) the day (if any) specified in the old instrument as the day on which the old instrument ceases to be in force;
(b) the second anniversary of the day the old instrument was made, granted, given or issued (as the case requires) that occurs after the main commencement time;
(c) if the operator of the aircraft is the holder of an AOC and the old instrument applies in relation to the operations authorised by the AOC--the day the operator's AOC expires;
(d) if the operator of the aircraft is the holder of an aerial work certificate and the old instrument applies in relation to the operations authorised by the aerial work certificate--the day the operator's aerial work certificate expires;
(e) if the operator of the aircraft is the holder of a Part 141 certificate and the old instrument applies in relation to the operations authorised by the Part 141 certificate--the day the operator's Part 141 certificate expires.
(5) Subregulation 11.056(2) (conditions to be set out) and regulations 11.225 (publication of exemption) and 11.230 (when exemptions cease) do not apply in relation to the new exemption.
(6) If the old instrument has been suspended and the suspension is in force immediately before the main commencement time, then:
(a) disregard the suspension for the purposes of subparagraph (1)(c)(i); and
(b) the exemption taken to be granted under subregulation (2) is taken to be suspended; and
(c) the period of suspension for the exemption is the same as
for the old instrument.