Commonwealth Numbered Regulations Commonwealth Numbered RegulationsCivil Aviation Regulations 1988
1 Subregulation 2(1) (definition of passenger )
Repeal the definition.
2 Subregulation 2(1) (definition of relevant NAA )
Repeal the definition.
3 Subregulation 2(1) (after paragraph (e) of the definition of sport aviation body )
Insert:
(ea) the Australian Sports Rotorcraft Association Inc; or
4 Subregulation 2(1) (definition of student pilot )
Repeal the definition.
5 Subregulation 2(12)
Repeal the subregulation.
6 Paragraph 42G(5)(b)
Omit "(not being a student pilot licence)".
7 Paragraph 42ZC(4)(d)
Omit "(not being a student pilot licence)".
8 Part 5 (table of contents)
Omit " Note This Part is made up as follows: ", substitute " Table of contents ".
9 Subregulation 210A(5) (definition of tour of duty )
Repeal the definition.
10 Subregulation 228(1)
Repeal the subregulation, substitute:
(1) A person commits an offence if:
(a) the person manipulates the controls of a registered aircraft during flight; and
(b) the person is not:
(i) if the aircraft is a balloon--authorised under Part 5 to fly the balloon or perform an activity essential to the balloon's operation during flight time; or
(ii) for an aircraft other than a balloon--authorised under Part 61 of CASR to pilot the aircraft.
Penalty: 50 penalty units.
11 Paragraph 228A(a)
After "or 64", insert "of CASR".
12 Paragraph 249(1)(a)
Repeal the paragraph, substitute:
(a) flying training given to a student pilot;
13 Subregulation 297A(1) (table 297A, item 15)
Omit "flight", substitute "balloon flight".
14 Subregulation 297A(1) (table 297A, item 16)
Repeal the item, substitute:
|
16 |
under regulation 5.20 revoking a person's approval to give balloon flying training for the issue of a balloon flight crew rating |
15 Subregulation 297A(1) (table 297A, item 17)
Repeal the item.
16 Subregulation 297A(1) (table 297A, item 18)
Omit "an aircraft", substitute "a balloon class".
17 Subregulation 297A(1) (table 297A, items 19 to 21)
Repeal the items.
18 Subregulation 297A(1) (table 297A, item 22)
After "chief", insert "balloon".
19 Subregulation 297A(1) (table 297A, item 23)
Repeal the item.
20 Regulation 310
Repeal the regulation.
21 Division 3 of Part 20 (heading)
Repeal the heading, substitute:
Civil Aviation Safety Regulations 1998
22 Part 11 (table of contents)
After the entry for regulation 11.025, insert:
11.028 Application of Part 11 to examiners, instructors and approval holders
23 Part 11 (table of contents)
Omit the entry for Subpart 11.D, substitute:
Subpart 11.D--Applications for variation, suspension and cancellation of authorisations
24 Part 11 (table of contents)
Omit the entry for regulation 11.120, substitute:
11.120 What Subpart 11.D is about
25 Part 11 (table of contents)
Omit the entry for regulation 11.130, substitute:
11.130 Suspension or cancellation of authorisation
26 Paragraph 11.056(1)(ac)
Omit "and persons", substitute "or persons".
27 Subpart 11.D (heading)
Repeal the heading, substitute:
Subpart 11.D -- Applications for variation, suspension and cancellation of authorisations
28 Regulation 11.120
Repeal the regulation, substitute:
11.120 What Subpart 11.D is about
This Subpart provides for applications that may be made by the holder of an authorisation for:
(a) the variation of the authorisation, including imposing, removing or varying a condition of the authorisation; or
(b) the suspension or cancellation of the authorisation.
Note: See Part 13 in regard to suspension, variation or cancellation of an authorisation for other reasons.
29 Regulation 11.130 (heading)
Repeal the heading, substitute:
11.130 Suspension or cancellation of authorisation
30 Subregulation 11.130(1)
Repeal the subregulation, substitute:
(1) The holder of an authorisation may apply to CASA, in writing, for the authorisation to be suspended or cancelled.
(1A) CASA must, by written notice to the holder, suspend or cancel the authorisation.
31 Paragraphs 11.130(2)(a) and (3)(a)
After "specifies", insert "in the application".
32 Regulation 13.375 (table 13.375, after item 12)
Insert:
|
12A |
an approval granted under regulation 141.035 or 142.040 |
Flying training authorisation |
|
12B |
a certificate issued under regulation 141.060 or 142.110 |
Flying training authorisation |
33 Part 60 (table of contents)
Omit the entries for regulations 60.055 and 60.060, substitute:
60.055 Flight simulator and flight training device approvals--persons other than Part 141 operators and Part 142 operators
60.060 Quality system--operators other than Part 141 operators and Part 142 operators
34 Part 61 (table of contents)
After the entry for regulation 61.005, insert:
61.007 Application of Part 61
35 Part 61 (table of contents)
Omit the entry for regulation 61.030.
36 Part 61 (table of contents)
After the entry for regulation 61.060, insert:
61.061 Prescription of type-rated aircraft--flight review requirements for class ratings
61.062 Prescription of types of aircraft for additional limitations on class ratings
61.063 Prescription of types of single engine helicopters for flight reviews
37 Part 61 (table of contents)
Omit the entry for regulation 61.115, substitute:
Subdivision 61.A.3.1--Student pilots
61.112 Flying as a student pilot
61.113 General requirements for student pilots
61.114 Solo flights--medical requirements for student pilots
61.115 Solo flights--recent experience requirements for student pilots
61.116 Student pilots authorised to taxi aircraft
61.117 Identity checks--student pilots
61.118 Production of medical certificates etc. and identification--student pilots
Subdivision 61.A.3.2--Other circumstances in which flight crew duties may be performed without licence, rating or endorsement
61.119 Flying without licence--flight engineer duties
38 Part 61 (table of contents)
Omit the entry for regulation 61.265, substitute:
61.265 Recreational pilot licences--general English language proficiency
39 Part 61 (table of contents)
After the entry for regulation 61.335, insert:
61.336 Provision of photograph
40 Part 61 (table of contents)
Omit the entry for regulation 61.370.
41 Part 61 (table of contents)
Omit the entry for regulation 61.395, substitute:
61.395 Limitations on exercise of privileges of pilot licences--recent experience for certain passenger flight activities
42 Part 61 (table of contents)
Omit the entry for regulation 61.405, substitute:
61.405 Limitations on exercise of privileges of pilot licences--medical requirements--recreational pilot licence holders
43 Part 61 (table of contents)
Omit all the entries from and including the entry for Subpart 61.F to and including the entry for regulation 61.455.
44 Part 61 (table of contents)
Omit the entry for regulation 61.690.
45 Part 61 (table of contents)
After the entry for regulation 61.745, insert:
61.747 Limitations on exercise of privileges of class ratings in certain aircraft--flight review
46 Part 61 (table of contents)
Omit the entry for regulation 61.795, substitute:
61.795 Limitations on exercise of privileges of pilot type ratings--recent experience on aircraft models
47 Part 61 (table of contents)
Omit the entry for regulation 61.805, substitute:
61.805 Limitations on exercise of privileges of pilot type ratings--instrument proficiency check
48 Part 61 (table of contents)
Omit the entry for regulation 61.815, substitute:
61.815 Person taken to meet requirements for grant of pilot type rating--multi-crew pilot licence holder
49 Part 61 (table of contents)
After the entry for regulation 61.1170, insert:
61.1172 Limitations on exercise of privileges of flight instructor rating--rating granted on basis of regulation 202.272
50 Part 61 (table of contents)
After the entry for regulation 61.1195, insert:
61.1197 Limitations on exercise of privileges of simulator instructor rating--rating granted on basis of regulation 202.272
51 Part 61 (table of contents)
Omit the entry for regulation 61.1225, substitute:
61.1225 Obligations of pilot instructors--student pilots
61.1227 Obligations of pilot instructors--approval to operate aircraft radio
52 Part 61 (table of contents)
After the entry for regulation 61.1250, insert:
61.1252 Removal of grade 2 training endorsement (helicopter) condition about conduct of basic instrument flight training
53 Part 61 (table of contents)
Omit the entry for regulation 61.1260.
54 Part 61 (table of contents)
After the entry for regulation 61.1315, insert:
61.1318 Limitations on exercise of privileges of flight examiner endorsements--flight tests in aircraft
55 Part 61 (table of contents)
Omit the entry for regulation 61.1375, substitute:
61.1375 Limitations on exercise of privileges of flight engineer type ratings--recent experience on aircraft models
56 Part 61 (table of contents)
After the entry for regulation 61.1400, insert:
61.1402 Limitations on exercise of privileges of flight engineer instructor rating--rating granted on basis of regulation 202.272
57 Part 61 (table of contents)
After the entry for regulation 61.1425, insert:
61.1427 Obligations of flight engineer instructors--approval to operate aircraft radio
58 Part 61 (table of contents)
Omit the entry for regulation 61.1450.
59 Subregulation 61.005(7)
Omit "Subparts 61.F", substitute "Subparts 61.G".
60 After regulation 61.005
Insert:
(1) This Part applies to flight in a registered aircraft of any of the following categories:
(a) aeroplane;
(b) helicopter;
(c) powered-lift aircraft;
(d) gyroplane;
(e) airship.
(2) The Part applies also to flight in a registered glider.
61 Regulation 61.010 (paragraph (b) of the definition of approved flight simulation training device )
After "60.055", insert "or 61.040".
62 Regulation 61.010 (subparagraph (c)(ii) of the definition of approved flight simulation training device )
Repeal the subparagraph, substitute:
(ii) approved for the purpose by the national aviation authority.
63 Regulation 61.010 (subparagraph (c)(ii) of the definition of approved flight simulator )
Repeal the subparagraph, substitute:
(ii) approved for the purpose by the national aviation authority.
64 Regulation 61.010
Insert:
"azimuth guidance operation" means an instrument approach operation using azimuth bearings for lateral navigation guidance.
65 Regulation 61.010 (definition of azimuth guidance procedure )
Repeal the definition.
66 Regulation 61.010 (definition of circling approach )
Repeal the definition, substitute:
"circling approach" means an extension of an instrument approach operation that includes a visual circling manoeuvre to position an aircraft for a landing.
67 Regulation 61.010
Insert:
"course deviation indicator operation" means an instrument approach operation using a course deviation indicator for lateral navigation guidance.
68 Regulation 61.010 (definition of course deviation indicator procedure )
Repeal the definition.
69 Regulation 61.010 (paragraphs (a) and (b) of the definition of current )
Repeal the paragraphs, substitute:
(a) for an aviation English language proficiency assessment--see regulation 61.260; and
(b) for a recreational aviation medical practitioner's certificate held by:
(i) a student pilot--see subregulation 61.114(6); and
(ii) a recreational pilot licence holder--see subregulation 61.405(3); and
70 Regulation 61.010 (definition of dual flight check )
Repeal the definition, substitute:
"dual flight check" means an in-flight assessment by a flight instructor of the competency of a student pilot to conduct a solo training flight.
71 Regulation 61.010
Insert:
"initial flight training" means dual flight conducted for training in the units of competency mentioned in the Part 61 Manual of Standards for the grant of a recreational pilot licence.
72 Regulation 61.010 (definition of instrument approach )
Repeal the definition.
73 Regulation 61.010 (definition of medical exemption )
Repeal the definition, substitute:
"medical exemption" means:
(a) for the conduct of a solo flight by a student pilot--an approval under regulation 61.040 to conduct the solo flight without holding a current medical certificate or recreational aviation medical practitioner's certificate; and
(b) for the exercise of the privileges of a flight crew licence or rating--an approval under regulation 61.040 to exercise the privileges of the licence or rating without holding a current medical certificate or recreational aviation medical practitioner's certificate.
74 Regulation 61.010 (definition of modified Austroads medical standards )
Repeal the definition.
75 Regulation 61.010 (paragraphs (e) and (f) of the definition of pilot licence )
Repeal the paragraphs, substitute:
(e) a recreational pilot licence.
76 Regulation 61.010
Insert:
"recreational aircraft" means a single-engine aircraft that:
(a) is certificated for single-pilot operation; and
(b) has a maximum certificated take-off weight of less than 1 500 kg; and
(c) is not rocket-powered or turbine-powered.
77 Regulation 61.030
Repeal the regulation.
78 Paragraph 61.035(2)(j)
Repeal the paragraph.
79 After regulation 61.060
Insert:
61.061 Prescription of type-rated aircraft--flight review requirements for class ratings
For paragraph 98(5A)(a) of the Act, CASA may, by instrument, prescribe types of aircraft in which the conduct of a flight review or instrument proficiency check for a pilot type rating meets the flight review requirements for a class rating.
61.062 Prescription of types of aircraft for additional limitations on class ratings
For paragraph 98(5A)(a) of the Act, CASA may, by instrument, prescribe types of aircraft in which the privileges of a class rating may not be exercised unless the holder of the rating has completed flight training and a flight review in an aircraft of the type.
61.063 Prescription of types of single engine helicopters for flight reviews
For paragraph 98(5A)(a) of the Act, CASA may, by instrument, prescribe types of single-engine helicopters that may be used to conduct flight reviews for other types of single-engine helicopters.
80 Paragraph 61.095(1)(a)
Omit ", other than a student pilot licence".
81 Paragraph 61.095(3)(b)
Omit "or taking a flight test".
82 Paragraph 61.105(1)(d)
Omit "dual".
83 Paragraph 61.110(b)
Omit "ground time; and", substitute "ground time.".
84 Paragraphs 61.110(c) and (d)
Repeal the paragraphs.
85 Regulation 61.115
Repeal the regulation, substitute:
Subdivision 61.A.3.1 -- Student pilots
61.112 Flying as a student pilot
(1) Subject to regulations 61.113 to 61.115, a person who does not hold a pilot licence is authorised to pilot an aircraft if:
(a) the pilot in command of the aircraft is a flight instructor and the flight is for the purpose of the person receiving flight training; or
(b) the flight is for a flight test for a pilot licence, or a rating or endorsement on a pilot licence, for the person; or
(c) the flight is:
(i) approved by, and conducted under the supervision of, a flight instructor authorised by a Part 141 or 142 operator to conduct the supervision; and
(ii) conducted under the VFR; and
(iii) conducted in accordance with the flight instructor's approval.
(2) Subject to regulations 61.113 to 61.115, the holder of a recreational pilot licence is authorised to pilot a recreational aircraft under the VFR at night, or a non-recreational aircraft, if:
(a) the pilot in command of the aircraft is a flight instructor and the flight is for the purpose of receiving flight training; or
(b) the flight is for a flight test for another pilot licence or a rating or endorsement on a pilot licence; or
(c) the flight is:
(i) approved by, and conducted under the supervision of, a flight instructor authorised by a Part 141 or 142 operator to conduct the supervision; and
(ii) conducted under the VFR; and
(iii) conducted in accordance with the flight instructor's approval.
(3) For subparagraphs (1)(c)(i) and (2)(c)(i), a flight is conducted under the supervision of a flight instructor if the instructor:
(a) provides guidance to the person in relation to the flight; and
(b) during the flight:
(i) is on board the aircraft; or
(ii) is at the aerodrome from which the flight began; or
(iii) is flying within 15 nautical miles of the aerodrome reference point for the aerodrome from which the flight began; and
(c) can be contacted during the flight by radio or other electronic means.
(4) For regulations 61.405 to 61.415 (which are about medical requirements), piloting an aircraft in accordance with subregulation (3) does not constitute the exercise of the privileges of a pilot licence.
Note: A person authorised to pilot an aircraft by this regulation is a student pilot : see Part 1 of the Dictionary.
61.113 General requirements for student pilots
(1) A student pilot is authorised to conduct a solo flight in an aircraft only if the student pilot:
(a) has an ARN; and
(b) is at least 15.
(2) A student pilot is not authorised to pilot an aircraft carrying passengers.
(3) A student pilot is authorised to pilot an aircraft on a solo flight in another Contracting State's airspace only if the student pilot has the permission (however described) of the Contracting State.
(4) A student pilot is not authorised to pilot an aircraft other than a registered aircraft.
61.114 Solo flights--medical requirements for student pilots
(1) Subregulation (2) applies to:
(a) the conduct of a solo flight in an aircraft other than a recreational aircraft; or
(b) the conduct of a solo flight in a recreational aircraft under the VFR at night.
(2) A student pilot is authorised to conduct the flight only if:
(a) the student pilot:
(i) holds a class 1 or 2 medical certificate; and
(ii) carries the medical certificate on the flight; or
(b) the student pilot:
(i) holds a medical exemption for the flight; and
(ii) carries a copy of the exemption on the flight.
(3) Subregulation (4) applies to the conduct of a solo flight in a recreational aircraft by day, other than by the holder of a recreational pilot licence.
(4) A student pilot is authorised to conduct the flight only if:
(a) the student pilot:
(i) holds a class 1 or 2 medical certificate; and
(ii) carries the medical certificate on the flight; or
(b) the student pilot:
(i) holds a current recreational aviation medical practitioner's certificate; and
(ii) meets the requirements mentioned in subregulation (5); or
(c) the student pilot:
(i) holds a medical exemption for the flight; and
(ii) carries a copy of the exemption on the flight.
(5) For subparagraph (4)(b)(ii), the requirements are as follows:
(a) the student pilot must have:
(i) given CASA a copy of his or her recreational aviation medical practitioner's certificate; and
(ii) received from CASA a written acknowledgement of the receipt of the copy;
(b) the student pilot must carry both of the following on the flight:
(i) a copy of the certificate;
(ii) a copy of the acknowledgement mentioned in subparagraph (a)(ii);
(c) the student pilot must comply with any limitations or conditions stated on the certificate;
(d) the student pilot must meet the modified Austroads medical standards.
Note: For when a person meets the modified Austroads medical standards, see regulation 67.262.
(6) In this regulation:
"current" : a recreational aviation medical practitioner's certificate for a student pilot is current for the shortest of the following periods:
(a) the period beginning on the day the certificate is signed by the medical practitioner and ending 24 months after that day;
(b) if, when the student pilot conducts a solo flight the student pilot is at least 65--the period beginning on the day the certificate is signed by the medical practitioner and ending 12 months after that day;
(c) if the certificate states the period for which it applies--the period beginning on the day the certificate is signed by the medical practitioner and ending at the end of the stated period.
61.115 Solo flights--recent experience requirements for student pilots
(1) A student pilot is authorised to conduct a solo flight in an aircraft only if:
(a) the student pilot has, within the previous 14 days and in the same type of aircraft, conducted a dual flight; and
(b) as a result of the flight, his or her solo flight time since last conducting a dual flight would not exceed 3 hours.
(2) However, paragraph (1)(b) does not apply to the student pilot if the student pilot is enrolled in an integrated training course.
61.116 Student pilots authorised to taxi aircraft
A student pilot is authorised to taxi an aircraft if the student pilot is approved to taxi the aircraft by a flight instructor.
Note: See regulation 229 of CAR for an offence relating to taxiing aircraft without being authorised to do so.
61.117 Identity checks--student pilots
(1) CASA may, by written notice given to a student pilot, require the student pilot to provide evidence of his or her identity in accordance with paragraph 6.57(1)(a) of the Aviation Transport Security Regulations 2005 .
(2) The student pilot commits an offence if:
(a) CASA has not told the student pilot, in writing, that he or she has complied with the requirement; and
(b) the student pilots an aircraft.
Penalty: 50 penalty units.
(3) An offence against this regulation is an offence of strict liability.
61.118 Production of medical certificates etc. and identification--student pilots
(1) CASA may direct a student pilot to produce any or all of the following documents for inspection by CASA:
(a) unless the student pilot holds a medical exemption to conduct a solo flight--the student pilot's medical certificate or recreational aviation medical practitioner's certificate;
(b) a document that includes a photograph of the student pilot showing the student's full face and his or her head and shoulders:
(i) that was issued within the previous 10 years by the government, or a government authority, of:
(A) the Commonwealth or a State or Territory; or
(B) a foreign country, or a state or province (however described) of a foreign country; and
(ii) that has not expired or been cancelled.
(2) The student pilot commits an offence if:
(a) CASA directs the student pilot to produce a document under subregulation (1); and
(b) the student pilot does not produce the document before the earlier of the following:
(i) when the student pilot next conducts a solo flight;
(ii) within 7 days after the direction is given.
Penalty: 50 penalty units.
(3) An offence against this regulation is an offence of strict liability.
61.119 Flying without licence--flight engineer duties
A person who does not hold a flight engineer licence is authorised to perform the duties of a flight engineer in a registered aircraft while:
(a) receiving flight training from a flight engineer instructor; or
(b) taking a flight test for a flight engineer licence or a flight crew rating or endorsement on a flight engineer licence.
86 Paragraph 61.120(a)
After "licence", insert "or flight radio endorsement".
87 Paragraph 61.120(b)
Omit "and supervised".
88 Paragraphs 61.155(2)(b) and (c)
Repeal the paragraphs, substitute:
(b) if the application is for a pilot licence--include an application for an aircraft category rating.
89 After subregulation 61.155(2)
Insert:
(2A) Subregulation (2B) applies if the application is for a flight crew licence and the applicant has not:
(a) applied to CASA for another flight crew licence in the previous 10 years and submitted with the application a photograph of the applicant; or
(b) given to CASA, within the previous 10 years, a photograph of the applicant in response to a direction or request in writing by CASA to the applicant.
(2B) The applicant must also submit to CASA a recent photograph of the applicant, showing the applicant's full face and his or her head and shoulders.
90 Subparagraphs 61.160(b)(ii) and (iii)
Omit "or student".
91 Regulations 61.165 and 61.170
Omit "approval holder,", substitute "an approval holder within the meaning of regulation 61.150,".
92 Subregulation 61.210(1)
After "Part for", insert "a student pilot or".
93 Paragraphs 61.210(1)(a) and (b)
Before "applicant", insert "student or".
94 Subregulation 61.215(2)
Repeal the subregulation, substitute:
(2) A Part 141 or 142 operator may set aeronautical knowledge examinations for the grant of:
(a) a recreational pilot licence; or
(b) a flight crew rating other than an instrument rating; or
(c) a flight crew endorsement.
95 Subregulation 61.235(1)
After "61.275 (1)", insert "(Overseas flight crew authorisations--recognition)".
96 Subregulation 61.235(2)
After "only if", insert "the applicant".
97 Paragraph 61.235(2)(a)
Repeal the paragraph, substitute:
(a) meets the following requirements:
(i) is at least the minimum age to hold the licence;
(ii) has passed the aeronautical knowledge examination for the licence;
(iii) has met the flight training requirements for the grant of the licence;
(iv) has met the aeronautical experience requirements for the grant of the licence;
(v) for a flight crew licence other than a recreational pilot licence--has a current aviation English language proficiency assessment;
(vi) for a recreational pilot licence--meets the general English language proficiency requirements mentioned in regulation 61.265; and
(aa) for a flight crew licence other than an air transport pilot licence--a person mentioned in subregulation (5) has certified in writing that the applicant has met the requirements mentioned in paragraph (a); and
98 Subparagraph 61.235(2)(c)(i)
Omit "grant", substitute "exercise of the privileges".
99 Subparagraph 61.235(4)(a)(i)
Repeal the subparagraph, substitute:
(i) if the application is for an operational rating--has passed the aeronautical knowledge examination for the rating; and
100 Subregulation 61.235(5)
Omit "paragraphs (2) (a) and (4) (a)", substitute "paragraphs (2)(aa) and (4)(a)".
101 At the end of subparagraph 61.245(1)(b)(ii)
Add "that is appropriate for the flight test".
102 Paragraph 61.245(3)(b)
Repeal the paragraph, substitute:
(b) for a flight test for a flight crew licence other than a recreational or private pilot licence--is not the person who provided the certification under paragraph 61.235(2)(aa) (Flight tests for flight crew licences and ratings--prerequisites) for the applicant.
103 Regulation 61.265 (heading)
Repeal the heading, substitute:
61.265 Recreational pilot licences--general English language proficiency
104 Subregulation 61.265(1)
Omit "or student".
105 Regulation 61.285
After "flight crew licence, rating or endorsement", insert ", other than an examiner rating,".
106 Paragraph 61.285(b)
Repeal the paragraph, substitute:
(b) for a flight crew licence:
(i) is at least the minimum age for the grant of the licence; and
(ii) has a current aviation English language proficiency assessment; and
107 Paragraphs 61.285(d) and (e)
Repeal the paragraphs.
108 Regulation 61.300
Repeal the regulation, substitute:
61.300 Limitations on exercise of privileges of certificates of validation--medical certificate
(1) The holder of a certificate of validation of an overseas flight crew licence is authorised to conduct an activity mentioned in regulation 61.295 only if the holder also holds an overseas medical certificate mentioned in subregulation (2).
(2) For subregulation (1), the medical certificate must be of at least the class required for the exercise of the privileges of the overseas flight crew licence by the Contracting State whose national aviation authority granted the licence to the holder.
109 After regulation 61.335
Insert:
61.336 Provision of photograph
(1) CASA may, by written notice given to the holder of a flight crew licence or certificate of validation, require the holder to give CASA, within 30 days of receiving the notice, a photograph of the holder:
(a) showing the holder's full face and his or her head and shoulders; and
(b) taken not earlier than 6 months before the date of the notice.
(2) The holder commits an offence if the holder:
(a) has not complied with the requirement; and
(b) exercises the privileges of the licence or certificate of validation.
Penalty: 50 penalty units.
(3) An offence against this regulation is an offence of strict liability.
110 Paragraph 61.340(1)(c)
Repeal the paragraph, substitute:
(c) a document that includes a photograph of the holder showing the holder's full face and his or her head and shoulders:
(i) that was issued within the previous 10 years by the government, or a government authority, of:
(A) the Commonwealth or a State or Territory; or
(B) a foreign country, or a state or province (however described) of a foreign country; and
(ii) that has not expired or been cancelled.
111 Paragraph 61.340(2)(d)
Repeal the paragraph, substitute:
(d) a document that includes a photograph of the holder showing the holder's full face and his or her head and shoulders:
(i) that was issued within the previous 10 years by the government, or a government authority, of:
(A) the Commonwealth or a State or Territory; or
(B) a foreign country, or a state or province (however described) of a foreign country; and
(ii) that has not expired or been cancelled.
112 Paragraph 61.345(3)(k)
Omit "an instrument approach was conducted", substitute "the person conducted an instrument approach operation".
113 Regulation 61.370
Repeal the regulation.
114 Subregulation 61.375(1)
Omit ", other than a student pilot licence".
115 Paragraphs 61.385(1)(d) to (f)
Repeal the paragraphs, substitute:
(d) weight and balance requirements;
(e) applying aircraft performance data, including take-off and landing performance data, for the aircraft.
116 Regulation 61.395 (heading)
Repeal the heading, substitute:
117 Paragraph 61.400(2)(c)
Repeal the paragraph, substitute:
(c) a pilot instructor who is authorised to conduct a flight review for the rating.
118 Regulation 61.405 (heading)
Repeal the heading, substitute:
119 Subregulation 61.405(1)
Omit "student pilot licence or".
120 Paragraph 61.405(2)(c)
After "limitations", insert "or conditions".
121 At the end of subregulation 61.405(2)
Add:
Note: For when a person meets the modified Austroads medical standards, see regulation 67.262.
122 Subregulation 61.405(3) (definition of current )
Omit "student pilot licence or".
123 Subregulation 61.410(2)
Repeal the subregulation (not including the note), substitute:
(2) However, subject to subregulation (3), the holder of a private pilot licence is authorised to exercise the privileges of the licence in a recreational aircraft if:
(a) the holder:
(i) also holds a current recreational aviation medical practitioner's certificate; and
(ii) meets the requirements mentioned in subregulation 61.405(2); and
(b) the flight is conducted by day under the VFR.
(3) Regulation 61.465 applies to the holder as if each reference in that regulation to a recreational pilot licence included a reference to a private pilot licence.
124 Paragraph 61.420(d)
Repeal the paragraph, substitute:
(ca) if the holder holds a medical exemption for the flight--a copy of the medical exemption;
(d) a document that includes a photograph of the holder showing the holder's full face and his or her head and shoulders:
(i) that was issued within the previous 10 years by the government, or a government authority, of:
(A) the Commonwealth or a State or Territory; or
(B) a foreign country, or a state or province (however described) of a foreign country; and
(ii) that has not expired or been cancelled.
125 Subregulation 61.430(1)
Repeal the subregulation, substitute:
(1) A person is authorised to taxi an aircraft of a particular class or type if the person holds:
(a) a pilot licence; and
(b) the category rating for the category to which aircraft of that class or type belong; and
(c) the class rating or type rating for aircraft of that class or type.
126 Paragraphs 61.435(1)(b) and (c)
Repeal the paragraphs, substitute:
(b) holds a recreational pilot licence with a flight radio endorsement.
127 Subregulation 61.435(2)
Repeal the subregulation.
128 Subpart 61.F
Repeal the Subpart.
129 Subregulation 61.470(1)
Repeal the subregulation, substitute:
(1) The holder of a recreational pilot licence is authorised to pilot an aircraft outside the following areas only if the holder also holds a recreational navigation endorsement:
(a) the area within 25 nautical miles of the departure aerodrome;
(b) a flight training area;
(c) the area that is a direct route between the departure aerodrome and a flight training area.
130 Paragraph 61.495(2)(c)
Repeal the paragraph, substitute:
(c) if the endorsement is a recreational navigation endorsement--have completed, in addition to the flight time mentioned in paragraph 61.475(2)(d):
(i) at least 5 hours of solo cross-country flight time; and
(ii) at least 2 hours of dual instrument time, 1 hour of which is conducted during dual instrument flight time; and
131 Paragraph 61.500(5)(c)
Repeal the paragraph, substitute:
(c) the applicant has completed the following flight time that complies with subregulation 61.495(3):
(i) at least 5 hours of solo cross-country flight time;
(ii) at least 2 hours of dual instrument time, 1 hour of which is conducted during dual instrument flight time.
132 Regulation 61.510
Repeal the regulation, substitute:
61.510 Limitations on exercise of privileges of private pilot licences--multi-crew operations
(1) The holder of a private pilot licence is authorised to exercise the privileges of the licence in a multi-crew operation only if the holder has completed an approved course of training in multi-crew cooperation.
(2) The holder of a private pilot licence that was granted on the basis of regulation 202.272 is taken to meet the requirement mentioned in subregulation (1) if, before 1 September 2014, the holder conducted a multi-crew operation.
133 Subparagraph 61.570(a)(ii)
Repeal the subparagraph, substitute:
(ii) an aeroplane certificated for single-pilot operation, that has a maximum certificated take-off weight of more than 5 700 kg, in a regular public transport operation; or
134 Regulation 61.635
Repeal the regulation, substitute:
61.635 Privileges of multi-crew pilot licences
Subject to Subpart 61.E and regulations 61.640 to 61.650, the holder of a multi-crew pilot licence is authorised to pilot an aeroplane as co-pilot for an operator that is approved as a training and checking organisation under regulation 217 of CAR.
135 After subregulation 61.640(1)
Insert:
(1A) The holder of a multi-crew pilot licence is authorised to conduct a 3D instrument approach operation only if:
(a) the holder passed the flight test for the licence within the previous 24 months, and the flight test included a 3D instrument approach operation; or
(b) the holder's most recent instrument proficiency check included a 3D instrument approach operation; or
(c) the holder is successfully participating in an operator's approved cyclic training and proficiency program that includes 3D instrument approaches.
136 Subregulation 61.640(2)
Omit "paragraph (1) (b)", substitute "paragraphs (1)(b) and (1A)(b)".
137 Subregulation 61.640(3)
Repeal the subregulation, substitute:
(3) The holder of a multi-crew pilot licence is authorised to conduct an instrument approach operation in an aircraft using a procedure of a particular kind only if the holder has:
(a) completed training in the conduct of instrument approach operations using the procedure; and
(b) demonstrated, to a person mentioned in subregulation (4), his or her competence in the conduct of instrument approach operations using the procedure.
138 Paragraph 61.640(4)(b)
Repeal the paragraph, substitute:
(b) an examiner who is authorised under this Part to conduct an instrument approach operation using the same procedure;
139 Subregulation 61.645(2)
Omit "approaches", substitute "approach operations".
140 Subregulation 61.645(3)
After "instrument approach", insert "operation".
141 Subregulations 61.645(4) to (7)
Repeal the subregulations, substitute:
(4) The holder is authorised to conduct a 2D instrument approach operation only if the holder has conducted a 2D instrument approach operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
(5) The holder is authorised to conduct a 3D instrument approach operation only if the holder has conducted a 3D instrument approach operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
(6) The holder is authorised to conduct an azimuth guidance operation only if the holder has conducted an azimuth guidance operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
(7) The holder is authorised to conduct a course deviation indicator operation only if the holder has conducted a course deviation indicator operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
Note: Azimuth guidance operations and course deviation indicator operations are instrument approach operations: see the definitions of those terms in regulation 61.010.
142 Subregulation 61.650(3)
Omit all the words before paragraph (a), substitute:
(3) Subject to subregulations (4) and (4B), for subregulations (1) and (2), the holder is taken to have a valid instrument proficiency check for the aeroplane category, or for multi-engine aeroplanes, during the following periods:
143 Subregulation 61.650(4)
Repeal the subregulation, substitute:
(4) If, at any time, the holder attempts, but does not successfully complete, an instrument proficiency check mentioned in subregulation (4A) (the failed check ), the holder is no longer taken to have a valid instrument proficiency check for:
(a) the aeroplane category; or
(b) multi-engine aeroplanes.
(4A) For subregulation (4), the failed check may be any of the following:
(a) an instrument proficiency check for the aeroplane category;
(b) an instrument proficiency check for multi-engine aeroplanes;
(c) an instrument proficiency check for a type of aeroplane.
(4B) If the holder is taken to have a valid instrument proficiency check for the relevant aeroplane only because of the holder's participation in an operator's approved cyclic training and proficiency program, the check is taken to be valid only for operations conducted by the operator.
144 Subparagraphs 61.650(5)(a)(i) and (b)(i)
Omit "for IFR operations", substitute "for an instrument proficiency check".
145 Subregulation 61.680(1)
After "instrument approach", insert "operation".
146 After subregulation 61.680(2)
Insert:
(2A) The holder of an air transport pilot licence is authorised to conduct a 3D instrument approach operation only if:
(a) the holder passed the flight test for the licence within the previous 24 months, and the flight test included a 3D instrument approach operation; or
(b) the holder's most recent instrument proficiency check included a 3D instrument approach operation; or
(c) the holder is successfully participating in an operator's approved cyclic training and proficiency program that includes 3D instrument approaches.
147 Subregulation 61.680(3)
Omit "paragraph (2) (b)", substitute "paragraphs (2)(b) and (2A)(b)".
148 Subregulation 61.680(4)
Repeal the subregulation, substitute:
(4) The holder of an air transport pilot licence is authorised to conduct an instrument approach operation in an aircraft using a procedure of a particular kind only if the holder has:
(a) completed training in the conduct of instrument approach operations using the procedure; and
(b) demonstrated, to a person mentioned in subregulation (5), his or her competence in the conduct of instrument approach operations using the procedure.
149 Paragraph 61.680(5)(b)
Repeal the paragraph, substitute:
(b) an examiner who is authorised under this Part to conduct an instrument approach operation using the same procedure;
150 Subregulation 61.685(2)
Omit "approaches", substitute "approach operations".
151 Subregulation 61.685(3)
After "approach", insert "operation".
152 Subregulations 61.685(4) to (7)
Repeal the subregulations, substitute:
(4) The holder is authorised to conduct a 2D instrument approach operation only if the holder has conducted a 2D instrument approach operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
(5) The holder is authorised to conduct a 3D instrument approach operation only if the holder has conducted a 3D instrument approach operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
(6) The holder is authorised to conduct an azimuth guidance operation only if the holder has conducted an azimuth guidance operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
(7) The holder is authorised to conduct a course deviation indicator operation only if the holder has conducted a course deviation indicator operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
Note: Azimuth guidance operations and course deviation indicator operations are instrument approach operations: see the definitions of those terms in regulation 61.010.
153 Regulation 61.690
Repeal the regulation.
154 Subregulation 61.695(3)
Omit all the words before paragraph (a), substitute:
(3) Subject to subregulations (4) and (4B), for subregulations (1) and (2), the holder is taken to have a valid instrument proficiency check for the aircraft category, or for multi-engine aeroplanes or helicopters, during the following periods:
155 Subregulation 61.695(4)
Repeal the subregulation, substitute:
(4) If, at any time, the holder attempts, but does not successfully complete, an instrument proficiency check mentioned in subregulation (4A) (the failed check ), the holder is no longer taken to have a valid instrument proficiency check for:
(a) the aircraft category in which the holder attempted the failed check; or
(b) multi-engine aircraft of the category in which the holder attempted the failed check.
(4A) For subregulation (4), the failed check may be any of the following:
(a) an instrument proficiency check for an aircraft category;
(b) an instrument proficiency check for multi-engine aeroplanes or helicopters;
(c) an instrument proficiency check for an aircraft type.
(4B) If the holder is taken to have a valid instrument proficiency check for the relevant aircraft only because of the holder's participation in an operator's approved cyclic training and proficiency program, the check is taken to be valid only for operations conducted by the operator.
156 Subparagraphs 61.695(5)(a)(i) and (b)(i)
Omit "for IFR operations", substitute "for an instrument proficiency check".
157 Subregulation 61.730(1)
Omit "other than a student pilot licence".
158 Subregulation 61.730(1) (note)
Omit ", other than a student pilot licence".
159 Subregulation 61.730(3) (note)
Repeal the note.
160 Subregulation 61.745(1)
Omit "has, within the previous 24 months, successfully completed a flight review for the rating in accordance with subregulation (2)", substitute " has a valid flight review for the rating".
161 After subregulation 61.745(1)
Insert:
(1A) For subregulation (1), the holder has a valid flight review for the rating during the period beginning when the holder successfully completes a flight review for the rating in accordance with subregulation (2) and ending:
(a) at the end of the 24th month after the month in which the holder completes the review; or
(b) if:
(i) the holder already has a valid flight review for the rating (the previous flight review ) when the holder successfully completes the flight review; and
(ii) the validity of the previous flight review is due to expire within 3 months after the holder successfully completes the flight review;
at the end of the 24th month after the validity of the previous flight review expires.
162 Subregulation 61.745(3)
Repeal the subregulation, substitute:
(3) For subregulation (1A), the holder is taken to have successfully completed a flight review for the rating if the holder:
(a) passes the flight test for the rating; or
(b) passes the flight test for an operational rating in an aircraft of the class covered by the aircraft class rating; or
(c) completes flight training for a design feature endorsement in an aircraft of the class covered by the aircraft class rating; or
(d) successfully completes a flight review for a pilot type rating in an aircraft of a type prescribed in an instrument under regulation 61.061 for the class rating; or
(e) successfully completes:
(i) an operator proficiency check that covers operations in the class; or
(ii) a proficiency check mentioned in subregulation (3A) in an aircraft of the class or an approved flight simulation training device for the purpose.
(3A) For subparagraph (3)(e)(ii), the proficiency checks are as follows:
(a) an instrument proficiency check;
(b) a night vision imaging system proficiency check;
(c) an aerial application proficiency check;
(d) an instructor proficiency check;
(e) an examiner proficiency check.
(3B) For subregulation (1), the holder is taken to have a valid flight review for the rating if the holder is successfully participating in an operator's approved cyclic training and proficiency program that covers operations in aircraft of the class covered by the rating.
163 After regulation 61.745
Insert:
61.747 Limitations on exercise of privileges of class ratings in certain aircraft--flight review
(1) The holder of an aircraft class rating is authorised to exercise the privileges of the rating in an aircraft of a type mentioned in subregulation (2) only if the holder has:
(a) completed the flight training mentioned in subregulation (3) for the aircraft type; and
(b) successfully completed a flight review in:
(i) an aircraft of the type; or
(ii) an approved flight simulator for the flight review.
(2) For subregulation (1), the aircraft types are prescribed in an instrument under regulation 61.062.
(3) For paragraph (1)(a), the holder completes flight training for the aircraft type only if:
(a) the holder has received training in all the units of competency mentioned in the Part 61 Manual of Standards for the class rating that are relevant for the aircraft type; and
(b) the training is conducted by:
(i) an instructor for a Part 141 or 142 operator that is authorised to conduct flight training for the aircraft type; or
(ii) the holder of an approval under regulation 141.035 or 142.040 to conduct the training; and
(c) the training is conducted in accordance with regulation 61.205; and
(d) the instructor is satisfied that the holder meets the competency standards mentioned in the Part 61 Manual of Standards for the class rating that are relevant for the aircraft type.
(4) The holder of a class rating that was granted on the basis of regulation 202.272 is taken to meet the requirement mentioned in subregulation (1) for a type of aircraft if, immediately before 1 September 2014, the holder held an aircraft endorsement that was in force for the type of aircraft.
164 Paragraph 61.750(1)(a)
Omit ", other than a student pilot licence".
165 Subregulation 61.755(1)
Repeal the subregulation.
166 At the end of paragraph 61.755(2)(h)
Add:
; (i) ski landing gear.
167 Regulation 61.770
Omit "61.800", substitute "61.805".
168 Subregulation 61.775(1)
Repeal the subregulation, substitute:
(1) This regulation applies to the holder of a pilot type rating for a type rated aircraft that is a multi-engine turbine-powered aircraft if the holder passed the flight test for the rating in a flight simulator.
169 Subregulation 61.780(2)
Omit "all the differences training mentioned in the Part 61 Manual of Standards", substitute "the differences training".
170 Regulation 61.795
Repeal the regulation, substitute:
The holder of a pilot type rating is authorised to exercise the privileges of the rating in an aircraft model covered by the rating only if:
(a) within the previous 24 months, the holder has:
(i) exercised the privileges of the rating in the aircraft model; or
(ii) passed the flight test for the rating in the aircraft model; or
(iii) successfully completed a flight review in the aircraft model; or
(iv) if differences training is required by an instrument under regulation 61.055 or 61.060 for the aircraft model--completed the differences training; or
(b) the holder is successfully participating in an operator's approved cyclic training and proficiency program that covers operations in the aircraft model.
171 Regulation 61.800
Repeal the regulation, substitute:
61.800 Limitations on exercise of privileges of pilot type ratings--flight review
(1) The holder of a pilot type rating is authorised to exercise the privileges of the rating as the pilot in command of an aircraft only if the holder has a valid flight review for the rating.
(2) For subregulation (1), the holder has a valid flight review for the rating during the period beginning when the holder successfully completes a flight review for the rating in accordance with subregulation (3) and ending:
(a) at the end of the 24th month after the month in which the holder completes the review; or
(b) if:
(i) the holder already has a valid flight review for the rating (the previous flight review ) when the holder successfully completes the flight review; and
(ii) the validity of the previous flight review is due to expire within 3 months after the holder successfully complete the flight review;
at the end of the 24th month after the validity of the previous flight review expires.
(3) For subregulation (2), the flight review must be conducted in:
(a) if the aircraft covered by the rating is a type of single-engine helicopter prescribed by an instrument under regulation 61.063:
(i) a helicopter of the type covered by the rating; or
(ii) an approved flight simulator for that type of helicopter; or
(iii) a type of single-engine helicopter prescribed by the instrument as equivalent to the type covered by the rating; or
(iv) an approved flight simulator for that type of helicopter; or
(b) in any other case:
(i) an aircraft of the type covered by the rating; or
(ii) an approved flight simulator for that type of aircraft.
(4) For subregulation (2), the holder is taken to have successfully completed a flight review for the rating if the holder:
(a) passes the flight test for the rating; or
(b) passes the flight test for an operational rating in an aircraft of the class covered by the type rating; or
(c) completes flight training for a design feature endorsement in an aircraft of the class covered by the type rating; or
(d) successfully completes:
(i) an operator proficiency check that covers operations in the type; or
(ii) a proficiency check mentioned in subregulation (5) in an aircraft of the type or an approved flight simulation training device for the purpose.
(5) For subparagraph (4)(d)(ii), the proficiency checks are as follows:
(a) an instrument proficiency check;
(b) a night vision imaging system proficiency check;
(c) an aerial application proficiency check;
(d) an instructor proficiency check;
(e) an examiner proficiency check.
(6) For subregulation (1), the holder is taken to have a valid flight review for the rating if the holder is successfully participating in an operator's approved cyclic training and proficiency program that covers operations in aircraft of the type covered by the rating.
Note: For general rules in relation to flight reviews, see regulation 61.400.
172 Regulation 61.805 (heading)
Repeal the heading, substitute:
61.805 Limitations on exercise of privileges of pilot type ratings--instrument proficiency check
173 Subregulation 61.805(2)
Omit "For subregulation (1)", substitute "Subject to subregulations (4) and (4B), for subregulation (1)".
174 Paragraph 61.805(2)(a)
Omit "the instrument", substitute "an instrument".
175 After paragraph 61.805(2)(a)
Insert:
(aa) if the holder passes the flight test for the pilot type rating in an aircraft under the IFR--the period from when the holder passes the flight test to the end of the 24th month after the month in which the holder passes the flight test;
176 Subregulation 61.805(3)
Omit "For subregulation (1)", substitute "Subject to subregulations (4) and (4B), for subregulation (1)".
177 Subregulation 61.805(4)
Repeal the subregulation, substitute:
(4) If, at any time, the holder attempts, but does not successfully complete, an instrument proficiency check mentioned in subregulation (4A) (the failed check ), the holder is no longer taken to have a valid instrument proficiency check for a type of aircraft belonging to the aircraft category in which the holder attempted the failed check.
(4A) For subregulation (4), the failed check may be any of the following:
(a) an instrument proficiency check for an aircraft category;
(b) an instrument proficiency check for multi-engine aeroplanes or helicopters;
(c) an instrument proficiency check for an aircraft type.
(4B) If the holder is taken to have a valid instrument proficiency check for the aircraft type only because of the holder's participation in an operator's approved cyclic training and proficiency program, the check is taken to be valid only for operations conducted by the operator.
178 Subparagraphs 61.805(5)(a)(i) and (b)(i)
Omit "for IFR operations", substitute "for an instrument proficiency check".
179 Subparagraphs 61.810(3)(a)(i) and (ii)
Repeal the subparagraphs, substitute:
(i) theory and technical training; and
(ii) flight training in accordance with the approved course, consisting of:
(A) dual flight in an aircraft of the type covered by the rating; or
(B) dual simulated flight in an approved flight simulator for the training; and
180 Subregulation 61.810(5)
Repeal the subregulation.
181 Regulation 61.815 (heading)
Repeal the heading, substitute:
182 Paragraphs 61.815(a) and (b)
Omit "or air transport pilot licence".
183 Subregulation 61.835(4)
Omit "all the differences training mentioned in the Part 61 Manual of Standards", substitute "the differences training".
184 Subregulation 61.840(1)
Repeal the subregulation, substitute:
(1) The holder of a cruise relief co-pilot type rating is authorised to act as co-pilot of an aircraft of a particular type only if the holder:
(a) is successfully participating in an operator's approved cyclic training and proficiency program that covers IFR operations in aircraft of that type; and
(b) has, within the previous 90 days:
(i) completed at least 2 hours of simulated flight time as co-pilot in an approved flight simulation training device for the aircraft type; or
(ii) passed the flight test for the grant of the rating; or
(iii) exercised the privileges of the rating in an aircraft.
185 Subparagraph 61.840(4)(a)(ii)
Omit "all the differences training mentioned in the Part 61 Manual of Standards", substitute "the differences training".
186 Subregulation 61.860(1)
Repeal the subregulation, substitute:
(1) The holder of an instrument rating is authorised to conduct an instrument approach operation of a particular kind as pilot in command of an aircraft only if the aircraft is equipped for that kind of operation.
187 Subregulation 61.860(5)
Repeal the subregulation, substitute:
(5) The holder of an instrument rating is authorised to conduct an instrument approach operation in an aircraft using a procedure of a particular kind only if the holder has:
(a) completed training in the conduct of instrument approach operations using the procedure; and
(b) demonstrated, to a person mentioned in subregulation (6), his or her competence in the conduct of instrument approach operations using the procedure.
188 Paragraph 61.860(6)(b)
Repeal the paragraph, substitute:
(b) an examiner who is authorised to conduct an instrument approach operation using the same procedure;
189 Subregulation 61.865(2)
After "approach", insert "operation".
190 Subregulation 61.870(2)
Omit "approaches", substitute "approach operations".
191 Subregulation 61.870(3)
After "approach", insert "operation".
192 Subregulations 61.870(4) to (7)
Repeal the subregulations, substitute:
(4) The holder is authorised to conduct a 2D instrument approach operation only if the holder has conducted a 2D instrument approach operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
(5) The holder is authorised to conduct a 3D instrument approach operation only if the holder has conducted a 3D instrument approach operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
(6) The holder is authorised to conduct an azimuth guidance operation only if the holder has conducted an azimuth guidance operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
(7) The holder is authorised to conduct a course deviation indicator operation only if the holder has conducted a course deviation indicator operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
Note: Azimuth guidance operations and course deviation indicator operations are instrument approach operations: see the definitions of those terms in regulation 61.010.
193 Subregulation 61.880(3)
Omit all the words before paragraph (a), substitute:
(3) Subject to subregulations (4) and (4B), for subregulations (1) and (2), the holder is taken to have a valid instrument proficiency check for the aircraft category, or for multi-engine aeroplanes or helicopters, during the following periods:
194 Subregulation 61.880(4)
Repeal the subregulation, substitute:
(4) If, at any time, the holder attempts, but does not successfully complete, an instrument proficiency check mentioned in subregulation (4A) (the failed check ), the holder is no longer taken to have a valid instrument proficiency check for:
(a) the aircraft category in which the holder attempted the failed check; or
(b) multi-engine aircraft of the category in which the holder attempted the failed check.
(4A) For subregulation (4), the failed check may be any of the following:
(a) an instrument proficiency check for an aircraft category;
(b) an instrument proficiency check for multi-engine aeroplanes or helicopters;
(c) an instrument proficiency check for an aircraft type.
(4B) If the holder is taken to have a valid instrument proficiency check for the relevant aircraft only because of the holder's participation in an operator's approved cyclic training and proficiency program, the check is taken to be valid only for operations conducted by the operator.
195 Subparagraphs 61.880(5)(a)(i) and (b)(i)
Omit "for IFR operations", substitute "for an instrument proficiency check".
196 Subregulation 61.885(8)
Repeal the subregulation.
197 Regulation 61.890 (table 61.890, Part 2)
Repeal the Part, substitute:
|
Part 2--Instrument approach endorsements |
|||
|
8 |
IAP 2D instrument endorsement |
Conduct a 2D instrument approach operation |
|
|
9 |
IAP 3D instrument endorsement |
Conduct a 3D instrument approach operation |
IAP 2D instrument endorsement |
198 Regulation 61.900
Before "The", insert "(1)".
199 Regulation 61.900
After "approach" (wherever occurring), insert "operation".
200 At the end of regulation 61.900
Add:
(2) The holder of an IAP 3D instrument endorsement is authorised to conduct a 3D instrument approach operation only if:
(a) the holder passed the flight test for the endorsement within the previous 24 months; or
(b) the holder's most recent instrument proficiency check included a 3D instrument approach operation; or
(c) the holder is successfully participating in an operator's approved cyclic training and proficiency program that includes 3D instrument approaches.
(3) For paragraph (2)(b), an instrument proficiency check includes an operator proficiency check:
(a) that covers IFR operations; and
(b) that is conducted by a flight examiner who holds an instrument rating flight test endorsement.
201 Subregulation 61.920(2)
Repeal the subregulation, substitute:
(2) The holder of a private instrument rating is authorised to pilot an aircraft under the IFR as pilot in command only if the holder has piloted an aircraft under the IFR within the previous 6 months.
202 Paragraphs 61.925(1)(d) and (e)
Repeal the paragraphs, substitute:
(d) has successfully completed an instrument proficiency check in an aircraft of the same category within the previous 24 months.
203 Paragraphs 61.925(2)(d) and (e)
Repeal the paragraphs, substitute:
(d) has successfully completed an instrument proficiency check in a multi-engine aeroplane within the previous 24 months.
204 Paragraphs 61.925(3)(d) and (e)
Repeal the paragraphs, substitute:
(d) has successfully completed an instrument proficiency check in a multi-engine helicopter within the previous 24 months.
205 Regulation 61.935 (table 61.935, items 1 to 7, column 3)
Omit all the words from and including "At least 5 hours", to and including "solo night circuits".
206 Regulation 61.935 (table 61.935, items 18 to 20, column 2)
Omit "and landing", substitute "operation".
207 Regulation 61.935 (table 61.935, item 21, column 1)
Omit "LNAV", substitute "2D".
208 Regulation 61.935 (table 61.935, item 21, column 2)
After "instrument approach", insert "operation".
209 Regulation 61.935 (table 61.935, item 22, column 1)
Omit "LNAV/VNAV", substitute "3D".
210 Regulation 61.935 (table 61.935, item 22, column 2)
After "instrument approach", insert "operation".
211 Regulation 61.935 (table 61.935, item 22, column 3)
Omit "LNAV", substitute "2D".
212 Regulation 61.935 (table 61.935, items 23 to 25, column 2)
Omit "and landing", substitute "operation".
213 Regulation 61.935 (table 61.935, item 26)
Repeal the item, substitute:
|
26 |
Night private instrument endorsement (category specific) |
Pilot an aircraft of the specified category under the IFR at night |
At least 10 hours of aeronautical experience at night in an aircraft or an approved flight simulation training device for the purpose, including at least: (a) 3 hours of dual cross-country flight time at night; and (b) 5 hours of flight time at night in an aircraft of the same category; and (c) 1 hour of solo night circuits |
214 Subregulation 61.945(1)
After "approach" (wherever occurring), insert "operation".
215 Subregulations 61.945(2) and (3)
Omit "instrument approach and landing", substitute "instrument approach operation".
216 At the end of regulation 61.965
Add:
Note: See also regulation 61.395 for recent experience requirements for certain flight activities involving the carriage of passengers.
217 Subregulation 61.970(1)
Omit "or multi-engine helicopter".
218 Subregulation 61.970(3)
Repeal the subregulation.
219 Regulation 61.980 (table 61.980, item 3, column 3)
Omit "10 hours", substitute "5 hours".
220 Paragraph 61.1055(1)(a)
Repeal the paragraph, substitute:
(a) completed at least 2 hours of low-level operations; or
221 Paragraph 61.1110(4)(a)
Omit "or an approved flight simulation training device for the proficiency check".
222 Paragraph 61.1110(4)(b)
Omit "each aerial application endorsement that the holder holds", substitute "an aerial application proficiency check".
223 Regulation 61.1135
Repeal the regulation, substitute:
61.1135 Limitations on exercise of privileges of night aerial application endorsements
The holder of a night aerial application endorsement is authorised to exercise the privileges of the endorsement in an aircraft of a type covered by the endorsement only if:
(a) the holder has, within the previous 45 days, conducted a night aerial application operation below 500 ft AGL that includes a take-off and landing at night; or
(b) the holder has, in an aircraft of the same type or an approved simulated training device for the purpose:
(i) completed a flight of at least 1 hour's duration that commenced no later than 20 minutes before night; and
(ii) practised the necessary manoeuvres involved in the operation in an unladen aircraft at night or in the simulated training device; and
(iii) conducted at least 3 take-offs and 3 landings at night.
224 Regulation 61.1145 (table 61.1145, item 10)
Repeal the item.
225 Paragraphs 61.1165(g) to (k)
Repeal the paragraphs, substitute:
(g) under Subdivision 61.A.3.1 (Student pilots), to approve a person to pilot an aircraft, including for a solo flight; and
(h) to conduct dual flight checks for a student pilot; and
(i) to approve a person mentioned in regulation 61.125 (Conducting flight activities without rating or endorsement) to pilot an aircraft for the purpose of receiving flight training; and
(j) to approve a person mentioned in regulation 61.120 to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation; and
(k) to assess the standard of knowledge of an applicant for a pilot licence, or a rating on a pilot licence, in any items mentioned in the applicant's knowledge deficiency report.
226 Subregulation 61.1170(4)
Repeal the subregulation.
227 After regulation 61.1170
Insert:
(1) This regulation applies to the holder of a flight instructor rating granted on the basis of regulation 202.272 or 202.274.
(2) The holder is authorised to exercise the privileges of the rating on or after 1 September 2018 only if the holder:
(a) has completed an approved course of training in principles and methods of instruction; or
(b) holds a Certificate IV in Training and Assessment; or
(c) holds a tertiary qualification in teaching.
228 Subregulation 61.1175(5)
Omit "the holder of a student pilot licence", substitute "a student pilot".
229 Subregulation 61.1175(7)
After "licence", insert "or rating".
230 Paragraph 61.1180(2)(c)
Omit "pilot instructor", substitute "flight instructor".
231 Paragraph 61.1180(4)(b)
Repeal the paragraph, substitute:
(b) a person mentioned in subregulation (5) assesses the holder's competency to conduct flight training as meeting the standards mentioned in the Part 61 Manual of Standards for a flight instructor rating; and
232 Subregulation 61.1185(3)
Omit "paragraphs (2) (b), (c) and (d)", substitute "paragraphs (2)(c) and (d)".
233 After subregulation 61.1185(3)
Insert:
(3A) The applicant is taken to meet the requirements mentioned in subparagraph (2)(d)(ii) if the applicant has:
(a) completed an integrated training course for the grant of a commercial pilot licence with the aircraft category rating for the same category of aircraft as used for the flight test for the applicant's flight instructor rating; and
(b) met the requirements for the grant of the licence with that aircraft category rating.
234 Subregulation 61.1185(5)
After "subregulation (3)", insert "or (3A)".
235 Paragraphs 61.1190(g) and (h)
Repeal the paragraphs, substitute:
(g) to approve a person mentioned in regulation 61.120 to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation; and
(h) to assess the standard of knowledge of an applicant for a pilot licence, or a rating on a pilot licence, in any items listed in the applicant's knowledge deficiency report.
236 After regulation 61.1195
Insert:
(1) This regulation applies to the holder of a simulator instructor rating granted on the basis of regulation 202.272 or 202.274.
(2) The holder is authorised to exercise the privileges of the rating on or after 1 September 2018 only if the holder:
(a) has completed an approved course of training in principles and methods of instruction; or
(b) holds a Certificate IV in Training and Assessment; or
(c) holds a tertiary qualification in teaching.
237 Subregulations 61.1200(5) and (6)
Omit "flight instructor", substitute "simulator instructor".
238 Subregulation 61.1200(6)
After "licence", insert "or rating".
239 Paragraph 61.1205(4)(b)
Repeal the paragraph, substitute:
(b) a person mentioned in subregulation (5) assesses the holder's competency to conduct flight training as meeting the standards mentioned in the Part 61 Manual of Standards for a simulator instructor rating; and
240 Regulation 61.1225
Repeal the regulation, substitute:
61.1225 Obligations of pilot instructors--student pilots
(1) A flight instructor commits an offence if:
(a) the instructor approves a person to pilot an aircraft as a student pilot; and
(b) the approval is to pilot the aircraft in a way that is not authorised by the following provisions:
(i) paragraph 61.112(1)(c) or (2)(c) (Flying as a student pilot);
(ii) regulation 61.113 (General requirements for student pilots);
(iii) regulation 61.114 (Solo flights--medical certificate requirements for student pilots);
(iv) regulation 61.115 (Solo flights--recent experience requirements for student pilots).
Penalty: 50 penalty units.
(2) A flight instructor commits an offence if:
(a) the instructor approves a person (the student ) to conduct a solo flight as a student pilot; and
(b) the instructor is not satisfied that the student:
(i) has been briefed appropriately for the flight; and
(ii) is capable of conducting the flight safely; and
(iii) meets the requirement mentioned in subregulation (3).
Penalty: 50 penalty units.
(3) For subparagraph (2)(b)(iii), the requirement is that:
(a) the student has been assessed by CASA or an examiner as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards; or
(b) the student has completed an approved course of training in English language proficiency.
(4) A flight instructor commits an offence if:
(a) the instructor approves a person (the student ) to conduct a solo flight of a kind mentioned in subregulation (5) as a student pilot for the first time; and
(b) the instructor is not satisfied that the student:
(i) has completed the training specified by the authorising Part 141 or 142 operator for the conduct of a solo flight of that kind by a student pilot; and
(ii) has been assessed by the Part 141 or 142 operator as competent to conduct the solo flight; and
(c) for a cross-country flight or night flight--the student has not completed at least 2 hours of dual instrument time, 1 hour of which is conducted during dual instrument flight time.
Penalty: 50 penalty units.
(5) For subregulation (4), the kinds of solo flight are as follows:
(a) a circuit training flight;
(b) a flight between an aerodrome and the flight training area for the aerodrome;
(c) a cross-country flight;
(d) a night flight.
(6) An offence against subregulation (1) is an offence of strict liability.
(7) In this regulation:
authorising Part 141 or 142 operator , in relation to an instructor approving a solo flight, means the Part 141 or 142 operator who authorised the instructor to approve the solo flight.
241 After regulation 61.1225
Insert:
61.1227 Obligations of pilot instructors--approval to operate aircraft radio
(1) A pilot instructor commits an offence if:
(a) the instructor approves a person who does not hold a flight crew licence, or who holds a recreational pilot licence but does not hold a flight radio endorsement, (the student ) to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation; and
(b) the student does not meet the requirement mentioned in subregulation (2).
Penalty: 50 penalty units.
(2) For paragraph (1)(b), the requirement is that:
(a) the student has been assessed by CASA or an examiner as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards; or
(b) the student has completed an approved course of training in English language proficiency.
(3) An offence against this regulation is an offence of strict liability.
242 Regulation 61.1235 (table 61.1235, item 1)
Repeal the item, substitute:
|
1 |
Grade 1 training endorsement (category specific) |
Activities authorised by a grade 2 training endorsement Supervise holders of grade 2 and grade 3 training endorsements in the conduct of flight training in an aircraft of the specified category |
Commercial pilot licence or air transport licence with the specified aircraft category rating Grade 2 training endorsement At least 500 hours of flight time conducting initial flight training in an aircraft of the specified category |
243 Regulation 61.1235 (table 61.1235, item 2, column 2)
Omit "grade 3 instructor", substitute "grade 3".
244 Regulation 61.1235 (table 61.1235, item 2, column 2)
Omit "the holder of a student pilot licence", substitute "a student pilot".
245 Regulation 61.1235 (table 61.1235, item 2, column 2)
After "a pilot licence", insert "or rating".
246 Regulation 61.1235 (table 61.1235, item 2, column 3)
Omit "Grade 3 instructor", substitute "Grade 3".
247 Regulation 61.1235 (table 61.1235, item 2, column 3)
Omit all the words from and including "At least 200" to and including "specified category", substitute "At least 200 hours of flight time conducting initial flight training in an aircraft of the specified category".
248 Regulation 61.1235 (table 61.1235, item 3, column 1)
Omit "(category specific)", substitute "(category specific, other than aeroplanes)".
249 Regulation 61.1235 (table 61.1235, item 3, column 2)
Omit "the holder of a student pilot licence", substitute "a student pilot".
250 Regulation 61.1235 (table 61.1235, after item 3)
Insert:
|
3A |
Grade 3 training endorsement (aeroplane) |
Conduct flight training for the aeroplane category rating Conduct flight training for a recreational pilot licence, private pilot licence and commercial pilot licence, other than basic instrument flight training Approve a student pilot to conduct a solo flight in an aeroplane, other than the student's first solo flight in an aeroplane Conduct flight training for a single-engine aeroplane class rating |
Commercial pilot licence or air transport licence with the aeroplane category rating Spinning flight activity endorsement |
251 Regulation 61.1235 (table 61.1235, cell at item 4, column 3)
Repeal the cell, substitute:
|
Commercial pilot licence and instrument rating, or air transport licence At least 100 hours of aeronautical experience in multi-crew operations |
252 Regulation 61.1235 (table 61.1235, cell at item 6, column 3)
Repeal the cell, substitute:
|
Commercial pilot licence or air transport licence with aeroplane category rating At least 50 hours of aeronautical experience as pilot of a multi-engine aeroplane |
253 Regulation 61.1235 (table 61.1235, cell at item 9, column 3)
Repeal the cell, substitute:
|
Commercial pilot licence or air transport licence At least 20 hours of aeronautical experience at night as pilot of an aircraft |
254 Regulation 61.1235 (table 61.1235, cell at item 12, column 3)
Repeal the cell, substitute:
|
Commercial pilot licence or air transport licence Aerial application rating Aerial application endorsement for the specified aircraft category At least 100 hours of aeronautical experience in aerial application operations below 500 ft AGL |
255 Regulation 61.1235 (table 61.1235, cell at item 15, column 3)
Repeal the cell, substitute:
|
Commercial pilot licence or air transport licence with aeroplane category rating Grade 1 training endorsement (aeroplane) or type rating training endorsement for a type of multi-engine aeroplane |
256 Regulation 61.1235 (table 61.1235, item 24)
Repeal the item.
257 Subregulation 61.1245(3)
After "item 3", insert "or 3A".
258 Subregulation 61.1245(5)
Repeal the subregulation, substitute:
(5) The holder of a grade 3 training endorsement (helicopter) is authorised to conduct flight training involving a simulated engine failure only if the holder has completed at least 100 hours of flight training under the endorsement.
259 At the end of Division 61.T.4
Add:
(1) This regulation applies to the holder of a grade 2 training endorsement (helicopter) granted on the basis of regulation 202.272 or 202.274 if the endorsement is subject to the condition that the holder must not conduct basic instrument flight training.
(2) CASA must remove the condition if:
(a) the holder applies to CASA, in writing, for the removal of the condition; and
(b) the holder meets the requirements under this Part for the grant of the endorsement.
260 Regulation 61.1260
Repeal the regulation.
261 Regulation 61.1270
Omit "conduct a flight test for a flight crew licence, rating or endorsement", substitute "exercise the privileges of his or her flight examiner rating".
262 Subregulation 61.1275(1)
Omit "for the licence", substitute "mentioned in this Part for the exercise of the privileges of the licence".
263 Subregulations 61.1275(2) and (3)
Omit "for the rating", substitute "mentioned in this Part for the exercise of the privileges of the rating".
264 Paragraph 61.1285(4)(b)
Repeal the paragraph, substitute:
(b) a person mentioned in subregulation (5) assesses the holder's competency to conduct flight testing as meeting the standards mentioned in the Part 61 Manual of Standards for a flight examiner rating; and
265 After subregulation 61.1305(3)
Insert:
(3A) A flight examiner commits an offence if:
(a) the examiner conducts a relevant proficiency check; and
(b) the examiner has not notified CASA of the examiner's intention to conduct the proficiency check at least 24 hours before conducting the proficiency check; and
(c) the examiner does not hold, under regulation 61.040, an approval to conduct the proficiency check without notifying CASA of his or her intention to conduct the proficiency check.
Penalty: 50 penalty units.
266 Regulation 61.1310 (table 61.1310, cell at item 5, column 3)
Repeal the cell, substitute:
|
Type rating training endorsement for the specified aircraft type |
267 After regulation 61.1315
Insert:
The holder of a flight test endorsement is authorised to conduct a flight test under the endorsement in an aircraft only if the flight test for the examiner's flight test endorsement was conducted in an aircraft.
268 After paragraph 61.1350(b)
Insert:
(ba) if the holder holds a medical exemption for the exercise of the privileges of the licence--a copy of the exemption;
269 Paragraph 61.1350(c)
Repeal the paragraph, substitute:
(c) a document that includes a photograph of the holder showing the holder's full face and his or her head and shoulders:
(i) that was issued within the previous 10 years by the government, or a government authority, of:
(A) the Commonwealth or a State or Territory; or
(B) a foreign country, or a state or province (however described) of a foreign country; and
(ii) that has not expired or been cancelled.
270 Subregulation 61.1370(2)
Omit "the differences training mentioned in the Part 61 Manual of Standards", substitute "the differences training".
271 Regulation 61.1375
Repeal the regulation, substitute:
The holder of a flight engineer type rating is authorised to exercise the privileges of the rating in an aircraft model covered by the rating only if:
(a) within the previous 24 months, the holder has:
(i) exercised the privileges of the rating in the aircraft model; or
(ii) passed the flight test for the rating in the aircraft model; or
(iii) successfully completed a flight review in the aircraft model; or
(iv) if differences training is required by an instrument under regulation 61.055 or 61.060 for the aircraft model--completed the differences training; or
(b) the holder is successfully participating in an operator's approved cyclic training and proficiency program that covers operations in the aircraft model.
272 Subparagraphs 61.1385(3)(a)(i) and (ii)
Repeal the subparagraphs, substitute:
(i) theory and technical training; and
(ii) flight training in accordance with the approved course, consisting of:
(A) dual flight in an aircraft of the type covered by the rating; or
(B) dual simulated flight in an approved flight simulator for the training; and
273 Paragraph 61.1395(f)
Repeal the paragraph, substitute:
(f) to approve a person who does not hold a flight crew licence to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation; and
274 After regulation 61.1400
Insert:
(1) This regulation applies to the holder of a flight engineer instructor rating granted on the basis of regulation 202.272 or 202.274.
(2) The holder is authorised to exercise the privileges of the rating on or after 1 September 2018 only if the holder:
(a) has completed an approved course of training in principles and methods of instruction; or
(b) holds a Certificate IV in Training and Assessment; or
(c) holds a tertiary qualification in teaching.
275 Paragraph 61.1410(4)(b)
Repeal the paragraph, substitute:
(b) a person mentioned in subregulation (5) assesses the holder's competency to conduct flight training as meeting the standards mentioned in the Part 61 Manual of Standards for a flight engineer instructor rating; and
276 At the end of Division 61.X.2
Add:
61.1427 Obligations of flight engineer instructors--approval to operate aircraft radio
(1) A flight engineer instructor commits an offence if:
(a) the instructor approves a person who does not hold a flight crew licence (the student ) to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation; and
(b) the student is not qualified for approval.
Penalty: 50 penalty units.
(2) For paragraph (1)(b), a student is qualified for approval only if:
(a) the student has been assessed by CASA or an examiner as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards; or
(b) the student has completed an approved course of training in English language proficiency.
277 Regulation 61.1450
Repeal the regulation.
278 Regulation 61.1460
Omit "conduct a flight test for a licence or rating", substitute "exercise the privileges of his or her flight engineer examiner rating".
279 Regulation 61.1465
Omit "to act as the flight engineer of", substitute "mentioned in this Part for the exercise of the privileges of a flight engineer licence in".
280 Paragraph 61.1470(4)(b)
Repeal the paragraph, substitute:
(b) a person mentioned in subregulation (5) assesses the holder's competency to conduct flight testing as meeting the standards mentioned in the Part 61 Manual of Standards for a flight engineer examiner rating; and
281 Paragraph 61.1480(2)(b)
Omit "61.235(2)(a)", substitute "61.235(2)(aa)".
282 After subregulation 61.1490(3)
Insert:
(3A) A flight engineer examiner commits an offence if:
(a) the examiner conducts an instructor proficiency check; and
(b) the examiner has not notified CASA of the examiner's intention to conduct the proficiency check at least 24 hours before conducting the proficiency check; and
(c) the examiner does not hold, under regulation 61.040, an approval to conduct the proficiency check without notifying CASA of his or her intention to conduct the proficiency check.
Penalty: 50 penalty units.
283 After paragraph 61.1535(b)
Insert:
(ba) if the holder holds a medical exemption for the exercise of the privileges of the licence--a copy of the exemption;
284 Paragraph 61.1535(c)
Repeal the paragraph, substitute:
(c) a document that includes a photograph of the holder showing the holder's full face and his or her head and shoulders:
(i) that was issued within the previous 10 years by the government, or a government authority, of:
(A) the Commonwealth or a State or Territory; or
(B) a foreign country, or a state or province (however described) of a foreign country; and
(ii) that has not expired or been cancelled.
285 Regulation 64.010 (definition of class )
Repeal the definition, substitute:
"class" : each of the following is a class of aeroplane:
(a) single-engine aeroplane;
(b) multi-engine aeroplane.
286 Regulation 66.010 (definition of medically significant condition )
Repeal the definition.
287 Part 67 (table of contents)
Omit the entries from and including the entry for Subpart 67.D to and including the entry for regulation 67.275, substitute:
Subpart 67.D--Modified Austroads medical standards
67.262 Definition of meets the modified Austroads medical standards
67.263 Definition of modified Austroads medical standards for Subpart 67.D
Subpart 67.E--Responsibilities of holders of medical certificates and recreational aviation medical practitioner's certificates
67.265 Obligation to tell CASA of changes in medical condition--medical certificate holders
67.270 Offence--doing act while efficiency impaired--licence holders
67.271 Offence--doing act while efficiency impaired--student pilots
67.275 Surrender of medical certificates
288 At the end of regulation 67.005
Add:
; and (e) sets out when a person meets the modified Austroads medical standards; and
(f) provides for offences in relation to holders of:
(i) medical certificates; and
(ii) recreational aviation medical practitioner's certificates.
289 Subregulation 67.180(9)
Omit ", or a special medical certificate (within the meaning of Part 6 of CAR),".
290 After Subpart 67.C
Insert:
Subpart 67.D -- Modified Austroads medical standards
67.262 Definition of meets the modified Austroads medical standards
Unconditional licence under the private vehicle driver standards
(1) A person meets the modified Austroads medical standards if the person is fit to hold an unconditional licence under the modified Austroads medical standards.
Conditional licence under the private vehicle driver standards
(2) Also, a person meets the modified Austroads medical standards if all of the following apply to the person:
(a) the person is fit to hold a conditional licence under the modified Austroads medical standards;
(b) under the standards, the only reason that the person is not fit to hold an unconditional licence is because the person's uncorrected visual acuity does not meet the standard for the issue of an unconditional licence;
(c) the person's visual acuity is corrected by lenses to at least 6/12 in one eye and at least 6/18 in the other eye.
67.263 Definition of modified Austroads medical standards for Subpart 67.D
(1) In this Subpart:
"modified Austroads medical standards" means the private vehicle driver standards in the Austroads medical standards modified to provide that a person with a medical history or condition mentioned in subregulation (2) does not meet the standards.
(2) For subregulation (1), the medical histories and conditions are the following:
(a) subject to subregulation (3)--a history of cancer within the 5-year period before the day the privileges of the licence are exercised;
(b) a history of ECG changes, with or without symptoms;
(c) subject to subregulation (4)--a history of heart failure;
(d) inability to hear a conversational speaking voice at a distance of 2 metres, whether unaided or with the assistance of a medically prescribed hearing aid;
(e) any musculoskeletal disability, disorder or disease of the bones, joints, muscles or tendons that would limit or restrict the normal manipulation of aircraft controls, or would require physical modifications to the aircraft to enable appropriate manipulation of the controls;
(f) a history of transient ischaemic attack or stroke;
(g) a history of multiple sclerosis, cerebral palsy or Parkinson's disease;
(h) a history of one or more of the following in relation to a head injury:
(i) loss of consciousness;
(ii) post-traumatic amnesia;
(iii) abnormal findings on head CT or MRI investigation;
(iv) a history of renal colic or calculi;
(v) active vertigo or a history of benign paroxysmal positional vertigo.
(3) For paragraph (2)(a), a history of cancer for a person does not include a history of basal cell skin cancers if:
(a) each basal cell skin cancer has been treated by excision with no metastasised sequelae; and
(b) since at least the last occurrence of a basal cell skin cancer, the person has been under active and continuous case management by a medical practitioner who is a specialist oncology physician or surgeon (the treating practitioner ); and
(c) the person is assessed for the issue of a recreational aviation medical practitioner's certificate by the treating practitioner or, if the treating practitioner is not available, by another medical practitioner with knowledge of the person's basal cell skin cancer history.
(4) For paragraph (2)(c), a history of heart failure for a person does not include a history in which the person meets all of the following requirements:
(a) the person has not had an episode of heart failure for at least the previous 3 years;
(b) since at least the last episode of heart failure, the person has been under active and continuous case management by a medical practitioner who is a specialist cardiovascular physician or surgeon (the treating practitioner );
(c) the person is assessed for the issue of a recreational aviation medical practitioner's certificate by the treating practitioner or, if the treating practitioner is not available, by another medical practitioner with knowledge of the person's history of heart failure.
(5) In this regulation:
"Austroads medical standards means the medical standards set out in the publication Assessing fitness to drive for commercial and private vehicle drivers" , published by Austroads in March 2012, or any later version, as in force from time to time.
Note: The text of the standards could in 2013 be viewed on Austroads' website (www.austroads.com.au/assessing-fitness-to-drive/).
291 Subpart 67.D (heading)
Repeal the heading, substitute:
292 Regulation 67.265 (heading)
Repeal the heading, substitute:
67.265 Obligation to tell CASA of changes in medical condition--medical certificate holders
293 Regulation 67.270 (heading)
Repeal the heading, substitute:
67.270 Offence--doing act while efficiency impaired--licence holders
294 Subregulations 67.270(2) to (4)
Repeal the subregulations, substitute:
(2) The holder commits an offence if:
(a) the holder does an act authorised by the licence; and
(b) at the time of doing the act:
(i) the holder knows that he or she has a medically significant condition; and
(ii) the condition has the result that the holder's ability to do the act is impaired.
Penalty: 50 penalty units.
Class 1 medical certificates
(3) The holder commits an offence if:
(a) the holder does an act authorised by the licence; and
(b) the holder knows that he or she has had a condition mentioned in paragraph (2)(b); and
(c) the holder's normal ability to do the act is not fully restored within 7 days after the holder first becomes aware that he or she had the condition; and
(d) the holder is authorised to do the act only if the holder also holds a class 1 medical certificate; and
(e) the holder has not been given a certificate by a DAME to the effect that the holder's normal ability to do the act is no longer impaired.
Penalty: 50 penalty units.
Class 2 and 3 medical certificates
(4) The holder commits an offence if:
(a) the holder does an act authorised by the licence; and
(b) the holder knows that he or she has had a condition mentioned in paragraph (2)(b); and
(c) the holder's normal ability to do the act is not fully restored within 30 days after the holder first becomes aware that he or she had the condition; and
(d) the holder is authorised to do the act only if the holder also holds a class 1, 2 or 3 medical certificate; and
(e) the holder has not been given a certificate by a DAME to the effect that the holder's normal ability to do the act is no longer impaired.
Penalty: 50 penalty units.
Recreational aviation medical practitioner's certificates
(5) The holder commits an offence if:
(a) the holder does an act authorised by the licence; and
(b) the holder knows that he or she has had a condition mentioned in paragraph (2)(b); and
(c) the holder's normal ability to do the act is not fully restored within 30 days after the holder first becomes aware that he or she had the condition; and
(d) the holder is authorised to do the act only if the holder also holds a class 1, 2 or 3 medical certificate or a recreational aviation medical practitioner's certificate; and
(e) the holder does not meet the requirement in subregulation (6).
Penalty: 50 penalty units.
(6) For paragraph (5)(e), the requirement is that:
(a) the holder has been given a certificate by a DAME to the effect that the holder's normal ability to do the act is no longer impaired; or
(b) if the holder held a recreational aviation medical practitioner's certificate at the time the holder had the condition--the holder is:
(i) assessed by a medical practitioner as meeting the modified Austroads medical standards after having the condition; and
(ii) given a certificate by the medical practitioner to that effect.
Note: For when a person meets the modified Austroads medical standards, see regulation 67.262.
295 After regulation 67.270
Insert:
67.271 Offence--doing act while efficiency impaired--student pilots
(1) A student pilot commits an offence if:
(a) the student pilot conducts a solo flight or takes a flight test; and
(b) at the time of the solo flight or flight test:
(i) the student pilot knows that he or she has a medically significant condition; and
(ii) the condition has the result that the student pilot's ability to conduct the solo flight or take the flight test is impaired.
Penalty: 50 penalty units.
(2) A student pilot commits an offence if:
(a) the student pilot conducts a solo flight or undertakes a flight test; and
(b) the student pilot knows that he or she has had a condition mentioned in paragraph (1)(b); and
(c) the student pilot's normal ability to conduct the solo flight or undertake the flight test is not fully restored within 30 days after the student pilot first becomes aware that he or she had the condition; and
(d) the student pilot does not meet the requirement in subregulation (3).
Penalty: 50 penalty units.
(3) For paragraph (2)(d), the requirement is that:
(a) the student pilot has been given a certificate by a DAME to the effect that the student pilot's ability to conduct a solo flight or undertake a flight test is no longer impaired; or
(b) if the student pilot held a recreational aviation medical practitioner's certificate at the time the student had the condition--the student pilot is:
(i) assessed by a medical practitioner as meeting the modified Austroads medical standards after having the condition; and
(ii) given a certificate by the medical practitioner to that effect.
Note: For when a person meets the modified Austroads medical standards, see regulation 67.262.
296 Subregulation 99.010(1) (subparagraph (c)(iv) of the definition of aerodrome testing area )
Repeal the subparagraph, substitute:
(iv) by the holder of an AOC for flying training; or
(v) by a Part 141 operator conducting flying training in an aircraft; and
297 Subregulation 99.010(1) (definition of passenger )
Repeal the definition.
298 Paragraph 99.030(2)(k)
Repeal the paragraph, substitute:
(k) a Part 141 operator conducting flying training in aircraft;
(l) a screening authority within the meaning of the Aviation Transport Security Regulations 2005 .
299 Part 101 (table of contents)
Omit the entry for regulation 101.285, substitute:
101.285 Use of aeronautical radio
300 Paragraphs 101.005(3)(e) and (f)
Omit "above ground level", substitute "AGL".
301 Subregulation 101.055(5) (definition of rocket )
Omit "rocket, regardless of whether it can rise more than 400 feet above ground level or not", substitute "rocket".
302 Subregulations 101.070(1), 101.075(1) and 101.085(1) (notes)
Repeal the notes.
303 Subregulation 101.105(2)
After "ground", insert "or water".
304 Paragraph 101.115(1)(a)
Omit "above ground level", substitute "AGL".
305 Subregulation 101.170(1) (note)
Omit " AGL = above ground level (see the Dictionary).".
306 Subregulation 101.250(1) (note 1)
Omit " AGL = above ground level (see the Dictionary).".
307 Paragraph 101.290(1)(d)
Omit "flight radio operator's licence or radio operator's certificate of proficiency", substitute "aeronautical radio operator certificate".
308 Paragraph 101.295(2)(a)
Omit "a radio operator's certificate of proficiency", substitute "an aeronautical radio operator certificate".
309 Subregulation 101.400(1) (note 1)
Omit " AGL = above ground level (see the Dictionary).".
310 Regulation 101.415 (note 1)
Omit "above ground level", substitute "AGL".
311 Subregulation 101.435(1) (note 1)
Repeal the note.
312 Subregulation 101.435(1) (note 2)
Omit "Note 2", substitute "Note".
313 Subregulation 101.440(1) (note 1)
Omit " AGL = above ground level (see the Dictionary).".
314 Subregulation 101.455(1) (note 1)
Repeal the note.
315 Subregulation 101.455(1) (note 2)
Omit "Note 2", substitute "Note".
316 Subregulation 101.490(1)
Omit "above ground level", substitute "AGL".
317 Subregulation 101.500(3) (table 101.500, item 4)
Omit "above ground level", substitute "AGL".
318 Part 137 (table of contents)
Omit the entries for regulations 137.235 and 137.240, substitute:
137.235 Pilot in command must be authorised under Part 61
137.240 Operator proficiency checks
319 Part 139 (table of contents)
Omit the entry for regulation 139.365, substitute:
139.365 Structures 110 metres or more AGL
320 Regulation 139.365 (heading)
Repeal the heading, substitute:
139.365 Structures 110 metres or more AGL
321 Regulation 139.365
Omit "above ground level", substitute "AGL".
322 Paragraphs 139.370(1)(b) and (c)
Omit "above ground level", substitute "AGL".
323 Part 141 (table of contents)
Omit the entry for regulation 141.200, substitute:
141.200 Part 141 operators--instructors--training in human factors principles and non-technical skills
324 Part 141 (table of contents)
Omit the entry for Subpart 141.K, substitute:
Subpart 141.K--Part 141 operators--miscellaneous offences
325 Part 141 (table of contents)
Omit the entry for regulation 141.305, substitute:
141.305 Part 141 operators--completion of training and assessment of competency for certain solo flights
141.306 Part 141 operators--appropriate briefing and capability to conduct certain solo flights etc.
326 Part 141 (at the end of the table of contents)
Add:
141.315 Part 141 operators--maximum period for use of foreign registered aircraft in Australian territory
327 Subregulation 141.015(1)
Omit "the following flight training", substitute "the following".
328 Paragraph 141.015(1)(c)
Repeal the paragraph, substitute:
(c) training, other than training conducted as a multi-crew operation, for the grant under Part 61 of a flight crew rating other than a type rating;
329 Paragraphs 141.015(1)(e) and (f)
Repeal the paragraphs, substitute:
(e) training, other than training conducted as a multi-crew operation, for the grant under Part 61 of a flight crew endorsement other than:
(i) a design feature endorsement; or
(ii) a flight activity endorsement;
(f) training, other than training conducted as a multi-crew operation, that is given as part of a flight review;
330 Subparagraph 141.015(1)(g)(i)
After "61.780", insert "or 61.835".
331 Subregulation 141.035(1)
Omit "CASA", substitute "CASA, in writing,".
332 Subregulation 141.055(1)
Omit "CASA", substitute "CASA, in writing,".
333 Paragraph 141.055(2)(a)
Repeal the paragraph, substitute:
(a) the applicant's name (including any operating or trading name), contact details and ABN (if any);
(aa) if the address of the applicant's operational headquarters is different from its mailing address--the address of its operational headquarters;
334 Subparagraph 141.060(1)(i)(iv)
Omit "(if any);", substitute "(if any).".
335 Paragraph 141.060(1)(j)
Repeal the paragraph.
336 Paragraph 141.080(1)(a)
Repeal the paragraph, substitute:
(a) makes a change mentioned in subregulation (2); and
337 Subregulation 141.080(2)
Repeal the subregulation, substitute:
(2) For paragraph (1)(a), the changes are the following:
(a) a change to its name (including any operating or trading name) or contact details;
(b) if the address of its operational headquarters is different from its mailing address--a change to the address of its operational headquarters.
(3) An offence against this regulation is an offence of strict liability.
338 Paragraph 141.085(4)(c)
Omit "exposition", substitute "operator's exposition".
339 Subregulation 141.125(1)
Repeal the subregulation, substitute:
(1) The head of operations of a Part 141 operator must hold:
(a) an instructor rating and either:
(i) a grade 1 training endorsement under Part 61; or
(ii) the required training endorsements for all the Part 141 flight training the operator proposes to conduct; or
(b) an approval under regulation 141.035 to be the head of operations of the operator.
340 Subparagraph 141.130(4)(b)(ii)
Repeal the subparagraph, substitute:
(ii) meet the requirements in the operator's exposition about training in human factors principles and non-technical skills; and
341 Subregulations 141.155(3) and (4)
Repeal the subregulations, substitute:
(3) If satisfied that it is necessary in the interests of aviation safety, CASA may, by written notice given to a person who is, or is proposed to be, any of the key personnel of the applicant or operator, direct the person:
(a) to undertake a stated examination; or
(b) to be interviewed by CASA; or
(c) to complete a stated training course.
(4) In deciding whether to give a direction under this regulation, CASA must have regard to, but is not limited to considering, the following:
(a) the need to ensure that the applicant or operator can conduct safe authorised Part 141 flight training in accordance with its exposition and civil aviation legislation;
(b) the nature and complexity of the training;
(c) the leadership, management and standards-setting skills required by the person for the training;
(d) how recently the person has used his or her aviation skills;
(e) whether the person is able to exercise the privileges of each civil aviation authorisation held by the person.
342 Regulation 141.200 (heading)
Repeal the heading, substitute:
343 Paragraph 141.200(1)(b)
Repeal the paragraph, substitute:
(b) the instructor does not meet the requirements in the operator's exposition about training in human factors principles and non-technical skills.
344 Paragraph 141.220(1)(c)
Repeal the paragraph, substitute:
(c) if the operator conducts the training in flight simulation training devices:
(i) ensures the correct operation and maintenance of the devices; and
(ii) without limiting subparagraph (i), includes the matters mentioned in subregulation 141.230(2); and
345 Paragraphs 141.260(1)(a) and (b)
Repeal the paragraphs, substitute:
(a) the operator's name (including any operating or trading name), contact details and ABN (if any);
(b) the address of:
(i) the operator's operational headquarters; and
(ii) each of the operator's training bases;
346 Paragraph 141.260(1)(h)
Repeal the paragraph, substitute:
(h) a description of the operator's program for training and assessing personnel in human factors principles and non-technical skills;
347 At the end of paragraph 141.260(1)(k)
Add ", including the supervision of instructors and course participants".
348 Paragraphs 141.270(1)(a) and (b)
Repeal the paragraphs, substitute:
(a) the operator's exposition relates to a duty or responsibility of a person who is a member of the operator's personnel; and
(b) the operator does not make the part of the exposition that relates to the duty or responsibility available to the person before the person first begins carrying out the duty or responsibility.
349 Subpart 141.K (heading)
Repeal the heading, substitute:
Subpart 141.K -- Part 141 operators--miscellaneous offences
350 Regulation 141.305
Repeal the regulation, substitute:
Student pilots
(1) A Part 141 operator commits an offence if:
(a) a student pilot who is undertaking authorised Part 141 flight training with the operator conducts a solo flight of a kind mentioned in subregulation (2) for the first time; and
(b) the student pilot does not meet the requirements mentioned in subregulation (3).
Penalty: 50 penalty units.
(2) For paragraph (1)(a), the kinds of solo flight are the following:
(a) a circuit training flight;
(b) a flight between an aerodrome and the flight training area for the aerodrome;
(c) a cross-country flight;
(d) a flight at night.
(3) For paragraph (1)(b), the requirements are the following:
(a) the student pilot must have completed the training mentioned in the operator's exposition that relates to the conduct of a solo flight of that kind by a student pilot;
(b) the student pilot must have been assessed by the operator as competent to conduct the solo flight;
(c) if the flight is a flight of a kind mentioned in paragraph (2)(c) or (d)--the student pilot must have completed at least 2 hours of dual instrument time, 1 hour of which is conducted during dual instrument flight time.
Holders of pilot licences
(4) A Part 141 operator commits an offence if:
(a) the holder of a pilot licence who is receiving flight training from the operator for a rating or endorsement on the pilot's licence conducts a solo flight at night for the first time; and
(b) the flight training is authorised Part 141 training for the operator; and
(c) the holder does not meet the requirements mentioned in subregulation (5).
Penalty: 50 penalty units.
(5) For paragraph (4)(c), the requirements are the following:
(a) the holder must have completed the training mentioned in the operator's exposition that relates to the conduct of a solo flight for flight training for the rating or endorsement;
(b) the holder must have been assessed by the operator as competent to conduct the solo flight.
(6) A Part 141 operator commits an offence if:
(a) the holder of a pilot licence who is receiving flight training from the operator for a recreational navigation endorsement conducts a solo cross-country flight or a flight at night for the first time; and
(b) the holder has not completed at least 2 hours of dual instrument time, 1 hour of which is conducted during dual instrument flight time.
Penalty: 50 penalty units.
(7) An offence against this regulation is an offence of strict liability.
Note: See also Subdivision 61.A.3.1 and regulation 61.1225.
141.306 Part 141 operators--appropriate briefing and capability to conduct certain solo flights etc.
(1) A Part 141 operator commits an offence if:
(a) a person who is undertaking authorised Part 141 flight training with the operator conducts a solo flight for the first time; and
(b) the person does not meet the requirements mentioned in subregulation (2).
Penalty: 50 penalty units.
(2) For paragraph (1)(b), the requirements are the following:
(a) the person must have been briefed appropriately for the flight;
(b) the person must be capable of conducting the flight safely;
(c) if the person is a student pilot--the person must:
(i) have been assessed by CASA or an examiner as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards; or
(ii) have completed an approved course of training in English language proficiency;
(d) the person must have an ARN.
(3) Strict liability applies to paragraph (1)(a).
Note: See also Subdivision 61.A.3.1 and regulation 61.1225.
351 At the end of Part 141
Add:
(1) A Part 141 operator commits an offence if, in any 12 month period, the operator uses a foreign registered aircraft to conduct authorised activities in Australian territory for a total of more than the number of days mentioned in subregulation (2).
Penalty: 50 penalty units.
(2) For subregulation (1), the number of days is:
(a) 90; or
(b) if the operator holds an approval under regulation 141.035 for this regulation in relation to the aircraft--the number mentioned in the approval for the aircraft.
(3) An offence against this regulation is an offence of strict liability.
(4) In this regulation:
"authorised activity" , for a Part 141 operator, means an activity authorised by a civil aviation authorisation held by the operator.
352 Part 142 (table of contents)
Omit the entry for regulation 142.090.
353 Part 142 (table of contents)
Omit the entry for regulation 142.335, substitute:
142.335 Part 142 operators--instructors and examiners--training in human factors principles and non-technical skills
354 Part 142 (table of contents)
Omit the entry for regulation 142.385, substitute:
142.385 Part 142 operators--completion of training and assessment of competency for certain solo flights
142.386 Part 142 operators--appropriate briefing and capability to conduct certain solo flights etc.
355 Part 142 (at the end of the table of contents)
Add:
142.395 Part 142 operators--maximum period for use of foreign registered aircraft in Australian territory
356 Subregulation 142.015(2)
Omit "the following flight training", substitute "the following".
357 Paragraphs 142.015(2)(d) and (e)
Repeal the paragraphs, substitute:
(d) training for the grant under Part 61 of a type rating other than a type rating mentioned in an instrument under regulation 142.045;
(da) training, conducted as a multi-crew operation, for the grant under Part 61 of a flight crew rating other than a type rating;
(e) training, conducted as a multi-crew operation, for the grant under Part 61 of a flight crew endorsement other than:
(i) a design feature endorsement; or
(ii) a flight activity endorsement;
358 Subparagraph 142.015(2)(g)(i)
After "61.780", insert ", 61.835 or 61.1370".
359 Subregulation 142.040(1)
Omit "CASA", substitute "CASA, in writing,".
360 At the end of regulation 142.070
Add "for this Part".
361 Paragraph 142.080(2)(a)
Repeal the paragraph, substitute:
(a) the applicant's name (including any operating or trading name), contact details and ABN (if any);
(aa) if the address of the applicant's operational headquarters is different from its mailing address--the address of its operational headquarters;
362 Subparagraph 142.085(1)(e)(iv)
Omit "(if any);", substitute "(if any).".
363 Paragraph 142.085(1)(f)
Repeal the paragraph.
364 Regulation 142.090
Repeal the regulation.
365 Subregulation 142.105(1)
Omit "CASA", substitute "CASA, in writing,".
366 Paragraph 142.105(2)(a)
Omit "to (e)", substitute "to (f)".
367 Paragraph 142.135(1)(a)
Repeal the paragraph, substitute:
(a) makes a change mentioned in subregulation (2); and
368 Subregulation 142.135(2)
Repeal the subregulation, substitute:
(2) For paragraph (1)(a), the changes are the following:
(a) a change to its name (including any operating or trading name) or contact details;
(b) if the address of the applicant's operational headquarters is different from its mailing address--a change to the address of its operational headquarters.
(3) An offence against this regulation is an offence of strict liability.
369 Paragraph 142.140(4)(c)
Omit "exposition", substitute "operator's exposition".
370 Subparagraph 142.190(2)(n)(iii)
Repeal the subparagraph, substitute:
(iii) meets the requirements in the operator's exposition about training in human factors principles and non-technical skills;
371 Subregulations 142.215(3) and (4)
Repeal the subregulations, substitute:
(3) If satisfied that it is necessary in the interests of aviation safety, CASA may, by written notice given to a person who is, or is proposed to be, any of the key personnel of the applicant or operator, direct the person:
(a) to undertake a stated examination; or
(b) to be interviewed by CASA; or
(c) to complete a stated training course.
(4) In deciding whether to give a direction under this regulation, CASA must have regard to, but is not limited to considering, the following:
(a) the need to ensure that the applicant or operator can conduct safe authorised Part 142 activities in accordance with its exposition and civil aviation legislation;
(b) the nature and complexity of the activities;
(c) the leadership, management and standards-setting skills required by the person for the activities;
(d) how recently the person has used his or her aviation skills;
(e) whether the person is able to exercise the privileges of each civil aviation authorisation held by the person.
372 Paragraph 142.265(1)(c)
Repeal the paragraph, substitute:
(c) if the operator conducts the training in flight simulation training devices:
(i) ensures the correct operation and maintenance of the devices; and
(ii) without limiting subparagraph (i), includes the matters mentioned in subregulation 142.275(2); and
373 Regulation 142.335 (heading)
Repeal the heading, substitute:
374 Paragraph 142.335(1)(b)
Repeal the paragraph, substitute:
(b) the instructor or examiner does not meet the requirements in the operator's exposition about training in human factors principles and non-technical skills.
375 Paragraphs 142.340(1)(a) and (b)
Repeal the paragraphs, substitute:
(a) the operator's name (including any operating or trading name), contact details and ABN (if any);
(b) the address of:
(i) the operator's operational headquarters; and
(ii) each of the operator's training bases;
376 Paragraph 142.340(1)(h)
Repeal the paragraph, substitute:
(h) a description of the operator's program for training and assessing personnel in human factors principles and non-technical skills;
377 At the end of paragraph 142.340(1)(k)
Add ", including the supervision of instructors and persons participating in activities".
378 Paragraphs 142.350(1)(a) and (b)
Repeal the paragraphs, substitute:
(a) the operator's exposition relates to a duty or responsibility of a person who is a member of the operator's personnel; and
(b) the operator does not make the part of the exposition that relates to the duty or responsibility available to the person before the person first begins carrying out the duty or responsibility.
379 Regulation 142.385
Repeal the regulation, substitute:
Student pilots
(1) A Part 142 operator commits an offence if:
(a) a student pilot who is undertaking authorised Part 142 flight training with the operator conducts a solo flight of a kind mentioned in subregulation (2) for the first time; and
(b) the student pilot does not meet the requirements mentioned in subregulation (3).
Penalty: 50 penalty units.
(2) For paragraph (1)(a), the kinds of solo flight are the following:
(a) a circuit training flight;
(b) a flight between an aerodrome and the flight training area for the aerodrome;
(c) a cross-country flight;
(d) a flight at night.
(3) For paragraph (1)(b), the requirements are the following:
(a) the student pilot must have completed the training mentioned in the operator's exposition that relates to the conduct of a solo flight of that kind by a student pilot;
(b) the student pilot must have been assessed by the operator as competent to conduct the solo flight;
(c) if the flight is a flight of a kind mentioned in paragraph (2)(c) or (d)--the student pilot must have completed at least 2 hours of dual instrument time, 1 hour of which is conducted during dual instrument flight time.
Holders of pilot licences
(4) A Part 142 operator commits an offence if:
(a) the holder of a pilot licence who is receiving flight training from the operator for a rating or endorsement on the pilot's licence conducts a solo flight at night for the first time; and
(b) the flight training is authorised Part 142 training for the operator; and
(c) the holder does not meet the requirements mentioned in subregulation (5).
Penalty: 50 penalty units.
(5) For paragraph (4)(c), the requirements are the following:
(a) the holder must have completed the training mentioned in the operator's exposition that relates to the conduct of a solo flight for flight training for the rating or endorsement;
(b) the holder must have been assessed by the operator as competent to conduct the solo flight.
Penalty: 50 penalty units.
(6) An offence against this regulation is an offence of strict liability.
Note: See also Subdivision 61.A.3.1 and regulation 61.1225.
142.386 Part 142 operators--appropriate briefing and capability to conduct certain solo flights etc.
(1) A Part 142 operator commits an offence if:
(a) a person who is undertaking authorised Part 142 flight training with the operator conducts a solo flight for the first time; and
(b) the person does not meet the requirements mentioned in subregulation (2).
Penalty: 50 penalty units.
(2) For paragraph (1)(b), the requirements are the following:
(a) the person must have been briefed appropriately for the flight;
(b) the person must be capable of conducting the flight safely;
(c) if the person is a student pilot--the person must:
(i) have been assessed by CASA or an examiner as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards; or
(ii) have completed an approved course of training in English language proficiency;
(d) the person must have an ARN.
(3) Strict liability applies to paragraph (1)(a).
Note: See also Subdivision 61.A.3.1 and regulation 61.1225.
380 At the end of Part 142
Add:
(1) A Part 142 operator commits an offence if, in any 12 month period, the operator uses a foreign registered aircraft to conduct authorised activities in Australian territory for a total of more than the number of days mentioned in subregulation (2).
Penalty: 50 penalty units.
(2) For subregulation (1), the number of days is:
(a) 90; or
(b) if the operator holds an approval under regulation 142.040 for this regulation in relation to the aircraft--the number mentioned in the approval for the aircraft.
(3) An offence against this regulation is an offence of strict liability.
(4) In this regulation:
"authorised activity" , for a Part 142 operator, means an activity authorised by a civil aviation authorisation held by the operator.
381 Part 143 (table of contents)
Omit the entry for regulation 143.105, substitute:
143.105 Status as registered training organisation
382 Part 200 (at the end of the table of contents)
Add:
200.025 Flying unregistered aircraft
200.030 Flying unregistered aircraft--offence
383 Regulation 200.025
Omit all the words before paragraph (a), substitute:
For paragraph 20AB(1)(a) of the Act, a person is taken to hold a civil aviation authorisation that is in force and authorises the person to perform a duty that is essential to the operation of an unregistered Australian aircraft during flight time if:
384 At the end of Part 200
Add:
200.030 Flying unregistered aircraft--offence
A person commits an offence if:
(a) the person pilots an unregistered Australian aircraft; and
(b) a sport aviation body administers aviation activities in the aircraft; and
(c) the person does not:
(i) hold a pilot certificate granted by the sport aviation body; and
(ii) operate the aircraft in accordance with the sport aviation body's operations manual.
Penalty: 50 penalty units.
385 Part 201 (at the end of the table of contents)
Add:
201.025 Prescription of matters for definitions in these Regulations
386 Subregulation 201.004(2) (table 201.004, items 1 and 2)
Repeal the items, substitute:
|
1 |
under a provision of these Regulations: (a) refusing to grant or issue an authorisation; or (b) cancelling or suspending an authorisation otherwise than on the application of the authorisation-holder; or (c) varying an authorisation otherwise than on the application of the authorisation-holder; or (d) refusing to vary an authorisation |
|
2 |
under a provision of these Regulations imposing a condition on, or varying a condition of, an authorisation otherwise than on the application of the authorisation-holder |
387 Subregulation 201.004(2) (table 201.004, after item 8)
Insert:
|
8A |
under regulation 42.640 directing that an authorisation issued by a continuing airworthiness management organisation to a pilot licence holder be changed or cancelled |
388 Subregulation 201.004(3)
Repeal the subregulation, substitute:
Decisions made by other decision-makers
(3) Applications may be made to the Administrative Appeals Tribunal for review of a decision mentioned in subregulation (5) that is made:
(a) under a provision of these Regulations; and
(b) by a person mentioned in subregulation (4) who may make the decision under the provision.
(4) For paragraph (3)(b), the persons are the following:
(a) an authorised person;
(b) an examiner;
(c) an instructor;
(d) the holder of an approval under regulation 61.040, 141.035 or 142.040.
(5) For subregulation (3), the decisions are the following:
(a) a decision refusing to grant or issue an authorisation;
(b) a decision varying an authorisation otherwise than on the application of the authorisation-holder;
(c) a decision refusing to vary an authorisation;
(d) a decision imposing a condition on, or varying a condition of, an authorisation otherwise than on the application of the authorisation-holder.
Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires a person who makes a reviewable decision to give a person, whose interests are affected by the decision, notice of:
(a) the making of the decision; and
(b) the person's right to have the decision reviewed.
389 At the end of Part 201
Add:
201.025 Prescription of matters for definitions in these Regulations
For subsection 98(5A) of the Act, CASA may issue instruments prescribing matters for definitions in these Regulations relating to matters mentioned in the subsection.
390 Part 202 (table of contents)
Omit all the entries from and including the entry for Subpart 202.CB to and including the entry for Subpart 202.CE, substitute:
Subpart 202.CB--Transitional provisions for Part 61 (Flight crew licensing)
Division 202.CB.1--Amendments made by the Civil Aviation Legislation Amendment Regulation 2013 (No. 1) and the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013
Subdivision 202.CB.1.1--General
202.260 Application of Division 202.CB.1--balloons excluded
202.261 Definitions for Division 202.CB.1
202.262 Application of Division 202.CB.1 to student pilot licences
Subdivision 202.CB.1.2--Continued authorisations
202.263 Continuation of old authorisations
202.264 Continuation of suspended old authorisations
202.265 Non-finalised action to vary, suspend or cancel old authorisations
202.266 Removal of conditions on certain continued authorisations
202.267 Flight review and proficiency check requirements
202.268 Removal of limitation on exercise of privileges of private or commercial pilot licences--multi-crew operations
202.268A Removal of limitation on exercise of privileges of class rating for aircraft prescribed under regulation 61.062
202.269 Personal log books under regulation 5.51 of CAR--certain continued authorisations
202.270 Extended meaning of licence document in Part 61
202.271 Expiry of Subdivision 202.CB.1.2 at end of 31 August 2018
Subdivision 202.CB.1.3--New authorisations for holders of continued authorisations
202.272 Grant of equivalent new authorisations
202.273 Expiry of Subdivision 202.CB.1.3 at end of 31 August 2018
Subdivision 202.CB.1.4--Other provisions
202.274 Non-finalised applications for old authorisations
202.275 Eligibility for ratings--former holders of time-limited authorisations
202.276 Flight review and proficiency check requirements for certain new authorisations
202.277 Personal log books under regulation 5.51 of CAR--certain new authorisations
202.277A Grant of private pilot licence with helicopter category rating on basis of old requirements
202.277B Grant of commercial pilot licence with helicopter category rating on basis of old requirements
202.277C English competency for certain holders of old student pilot licences
202.277D Privileges for holders of grade 3 training endorsements granted on basis of continued authorisation
202.278 Grant of pilot type ratings on basis of overseas training and assessment
202.279 Instrument proficiency checks partially conducted by foreign-authorised person
202.280 Continuation of driver's licence medical certificates (aviation)
202.281 Expiry of Division 202.CB.1 at end of 31 August 2025
Subpart 202.CE--Transitional provisions for Part 64 (Authorisations for non-licensed personnel)
Division 202.CE.1--Amendments made by the Civil Aviation Legislation Amendment Regulation 2013 (No. 1) and the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013
Subdivision 202.CE.1.1--Aircraft radiotelephone operator certificate of proficiency
202.300 Definitions for Subdivision 202.CE.1.1
202.301 Continuation of old authorisations
202.302 Continuation of suspended old authorisations
202.303 Non-finalised action to vary, suspend or cancel old authorisations
202.304 Grant of aeronautical radio operator certificates
202.305 Non-finalised applications for old authorisations
Subdivision 202.CE.1.2--Approval to taxi an aeroplane
202.307 Definitions for Subdivision 202.CE.1.2
202.308 Continuation of old authorisations
202.309 Continuation of suspended old authorisations
202.310 Non-finalised action to vary, suspend or cancel old authorisations
202.311 Production of continued authorisation
Subdivision 202.CE.1.3--Expiry of Division 202.CE.1
202.312 Expiry of Division 202.CE.1 at end of 31 August 2018
391 Part 202 (table of contents)
Omit the entries for Subparts 202.GA and 202.GB, substitute:
Subpart 202.GA -- Transitional provisions for Part 141 (Recreational, private and commercial pilot flight training, other than certain integrated training courses)
Division 202.GA.1--Amendments made by the Civil Aviation Legislation Amendment Regulation 2013 (No. 1) and the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013
202.720 Definitions for Division 202.GA.1
202.721 AOCs and approvals under regulation 60.055 held immediately before 1 September 2014
202.722 AOCs and approvals under regulation 60.055 that were under suspension immediately before 1 September 2014
202.723 Applications for AOCs and approvals under regulation 60.055 made but not finally determined before 1 September 2014
202.724 Application of Part 141 to certain Part 141 operators--references to exposition
202.725 Application of Part 141 to certain Part 141 operators with Part 60 quality systems--safety management system and quality assurance management system
202.726 Application of Part 141 to certain Part 141 operators without Part 60 quality systems--safety and quality assurance management systems not required
202.727 Application of Part 141 to certain Part 141 operators--provisions that do not apply
202.728 References to standardisation and proficiency checks for instructors for certain Part 141 operators
202.729 Expiry of Division 202.GA.1 at end of 31 August 2017
Subpart 202.GB -- Transitional provisions for Part 142 (Integrated and multi-crew pilot flight training, contracted recurrent training and contracted checking)
Division 202.GB.1--Amendments made by the Civil Aviation Legislation Amendment Regulation 2013 (No. 1) and the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013
202.740 Definitions for Division 202.GB.1
202.741 AOCs authorising flying training--if in force immediately before 1 September 2014
202.742 AOCs authorising flying training--if under suspension immediately before 1 September 2014
202.743 Applications for AOCs authorising flying training--if made but not finally determined before 1 September 2014
202.744 Approvals under regulation 60.055 held immediately before 1 September 2014
202.745 Approvals under regulation 60.055 there were under suspension immediately before 1 September 2014
202.746 Applications for approvals under regulation 60.055 made but not finally determined before 1 September 2014
202.747 Application of Part 142 to certain Part 142 operators--references to exposition
202.748 Application of Part 142 to certain Part 142 operators with Part 60 quality systems--safety management system and quality assurance management system
202.749 Application of Part 142 to certain Part 142 operators without Part 60 quality systems--safety and quality assurance management systems not required
202.750 Application of Part 142 to certain Part 142 operators--provisions that do not apply
202.751 References to standardisation and proficiency checks for instructors for certain Part 142 operators
202.752 Expiry of Division 202.GB.1 at end of 31 August 2017
392 Division 202.CB.1 (heading)
Repeal the heading, substitute:
Subdivision 202.CB.1.1 -- General
393 Regulation 202.260
Repeal the regulation, substitute:
202.260 Application of Division 202.CB.1--balloons excluded
This Division does not apply in relation to an old authorisation for a balloon.
394 Regulation 202.261 (heading)
Repeal the heading, substitute:
202.261 Definitions for Division 202.CB.1
395 Regulation 202.261
Omit "In this Subpart", substitute "In this Division".
396 Regulation 202.261 (definition of amendments )
Repeal the definition, substitute:
"amendments" means the amendments made by:
(a) the Civil Aviation Legislation Amendment Regulation 2013 (No. 1) ; and
(b) the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013 .
397 Regulation 202.261 (definition of cessation time )
Omit "this Subpart", substitute "this Division".
398 After regulation 202.261
Insert:
202.262 Application of Division 202.CB.1 to student pilot licences
(1) This Division applies to a student pilot licence issued under Part 5 of CAR only if the holder of the licence passed a general flying progress test under Part 5 of CAR before 1 September 2014.
(2) For this Division, the student pilot licence is taken to be equivalent to a recreational pilot licence.
399 Division 202.CB.2 (heading)
Repeal the heading, substitute:
Subdivision 202.CB.1.2 -- Continued authorisations
400 After subregulation 202.263(2)
Insert:
(2A) For subregulation (2), if the old authorisation is an aircraft endorsement for a type of aircraft for which there is no equivalent pilot type rating, the aircraft endorsement is taken to be equivalent to a class rating for the class of aircraft that includes the type of aircraft.
401 Paragraph 202.267(3)(b)
After "(the second authorisation )", insert ", other than a student pilot licence,".
402 Paragraph 202.267(5)(a)
Omit "this Subpart", substitute "this Division".
403 Subregulation 202.267(7)
Repeal the subregulation.
404 Regulation 202.268
Repeal the regulation, substitute:
(1) Regulation 61.510 does not apply to the holder of a continued authorisation that is equivalent to a private pilot licence if, before 1 September 2014, the holder conducted a multi-crew operation.
(2) Regulation 61.575 does not apply to the holder of a continued authorisation that is equivalent to a commercial pilot licence if, before 1 September 2014, the holder conducted a multi-crew operation.
Note: Under regulations 61.510 and 61.575, a licence holder is authorised to exercise the privileges of the licence only if the holder has completed an approved course of training in multi-crew cooperation.
Regulation 61.747 does not apply to the holder of a continued authorisation that is equivalent to a class rating if:
(a) the holder held an aircraft endorsement, for an aircraft covered by the class rating, that was in force immediately before 1 September 2014; and
(b) the endorsement was for a type of aircraft prescribed in an instrument under regulation 61.062.
405 Subregulation 202.270(2)
Omit " licence document ", substitute "licence document".
406 Regulation 202.271
Repeal the regulation, substitute:
202.271 Expiry of Subdivision 202.CB.1.2 at end of 31 August 2018
This Subdivision, and the entries for this Subdivision in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation.
407 Division 202.CB.3 (heading)
Repeal the heading, substitute:
Subdivision 202.CB.1.3 -- New authorisations for holders of continued authorisations
408 After subregulation 202.272(1)
Insert:
(1A) However, the holder of a continued aircraft endorsement is taken to meet the requirements for the grant of the equivalent aircraft class or type rating only if the holder also holds a continued authorisation that is equivalent to a flight crew licence.
409 At the end of regulation 202.272
Add:
Limitation on exercise of privileges of helicopter grade 2 training endorsements
(5) Despite subregulation (1), the holder of a grade 2 training endorsement (helicopter) that is granted in accordance with subregulation (2) is authorised to conduct the activities mentioned in column 2 of item 2 of table 61.1235 only if the holder meets the requirements mentioned in column 3 of the item.
410 Regulation 202.273
Repeal the regulation, substitute:
202.273 Expiry of Subdivision 202.CB.1.3 at end of 31 August 2018
This Subdivision, and the entries for this Subdivision in the Part 202 table of contents, expire at the end of 31 August 2018 is if they had been repealed by another regulation.
411 Division 202.CB.4 (heading)
Repeal the heading, substitute:
Subdivision 202.CB.1.4 -- Other provisions
412 Subregulation 202.274(3)
Repeal the subregulation, substitute:
(3) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation.
413 Paragraph 202.275(1)(a)
After "rating", insert "(other than a flight examiner rating)".
414 Subregulation 202.275(4)
Repeal the subregulation, substitute:
(4) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation.
415 After subregulation 202.276(2)
Insert:
(2A) To avoid doubt, the holder of an aircraft class rating or type rating granted on the basis of regulation 202.272 must meet the flight review requirements for the rating under Part 61.
416 Subregulations 202.276(5) to (7)
Repeal the subregulations, substitute:
(5) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation.
417 Regulation 202.278
Repeal the regulation, substitute:
202.277A Grant of private pilot licence with helicopter category rating on basis of old requirements
(1) An applicant for a private pilot licence with a helicopter category rating is taken to meet the requirements of paragraphs 61.515(2)(b), (c) and (d) if the applicant meets the requirements mentioned in paragraphs 5.87(1)(d), (e) and (f) of CAR, as in force immediately before 1 September 2014.
(2) For subregulation (1):
(a) CASA may set and conduct a private pilot (helicopter) licence flight test; and
(b) the helicopter syllabus published under regulation 5.59 of CAR, as in force immediately before 1 September 2014:
(i) continues in force; and
(ii) may be amended as if that regulation had not been repealed; and
(c) regulation 5.93 of CAR, as in force immediately before 1 September 2014, continues in force.
(3) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2017 as if they had been repealed by another regulation.
(1) An applicant for a commercial pilot licence with a helicopter category rating is taken to meet the requirements of paragraphs 61.580(2)(b), (c) and (d) if the applicant meets the requirements mentioned in paragraphs 5.120(1)(d), (e) and (f) of CAR, as in force immediately before 1 September 2014.
(2) For subregulation (1):
(a) CASA may set and conduct a commercial pilot (helicopter) licence flight test; and
(b) the helicopter syllabus published under regulation 5.59 of CAR, as in force immediately before 1 September 2014:
(i) continues in force; and
(ii) may be amended as if that regulation had not been repealed; and
(c) regulation 5.127 of CAR, as in force immediately before 1 September 2014, continues in force.
(3) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2017 as if they had been repealed by another regulation.
202.277C English competency for certain holders of student pilot licences
(1) Subregulation (2) applies to a person who:
(a) held a student pilot licence immediately before 1 September 2014; and
(b) had not passed a general flying progress flight test under Part 5 of CAR before that day.
(2) The person is taken to have been assessed by CASA as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards.
Despite regulation 61.1240, the holder of a grade 3 training endorsement (aeroplane) granted on the basis of regulation 202.272 is also authorised to conduct basic instrument flight training mentioned in column 2 of item 2 of table 61.1235.
202.278 Grant of pilot type ratings on basis of overseas training and assessment
(1) An applicant for a pilot type rating is taken to meet the requirements of subregulation 61.810(3) (Requirements for grant of pilot type ratings) if CASA is satisfied that:
(a) the applicant has completed training, conducted by a training provider that is authorised by the national aviation authority of a recognised foreign State to conduct the training, for the grant of an overseas rating; and
(b) the applicant has been assessed, by a person who is authorised by the national aviation authority of the recognised foreign State to conduct the assessment, as meeting the flight test standard for the grant of the overseas rating; and
(c) the training meets the standards specified in the Part 61 Manual of Standards for training for the rating; and
(d) the overseas rating is at least equivalent to the rating.
(2) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation.
202.279 Instrument proficiency checks partially conducted by foreign-authorised person
(1) This regulation applies in relation to:
(a) an instrument proficiency check mentioned in paragraph 61.650(3)(d) or (e) for the holder of a multi-crew pilot licence; and
(b) an instrument proficiency check mentioned in paragraph 61.695(3)(d) or (e) for the holder of an air transport pilot licence; and
(c) an instrument proficiency check mentioned in paragraph 61.880(3)(e) or (f) for the holder of an instrument rating.
(2) The holder is taken to have successfully completed the instrument proficiency check if:
(a) a person who is authorised by the national aviation authority of a recognised State to conduct an instrument proficiency check (however named) conducts a check of the holder; and
(b) the check meets the authority's flight standards for a proficiency check; and
(c) CASA or a flight examiner:
(i) assesses the holder against the knowledge standards mentioned in the Part 61 Manual of Standards for the instrument proficiency check; and
(ii) is satisfied that the holder meets the knowledge standards; and
(iii) endorses the holder's licence document to the effect that the holder has completed the instrument proficiency check.
(3) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation.
202.280 Continuation of driver's licence medical certificates (aviation)
(1) This regulation applies to a driver's licence medical certificate (aviation) that was in force immediately before 1 September 2014.
(2) On and after 1 September 2014, the certificate is taken to be a recreational aviation medical practitioner's certificate that expires in accordance with its terms.
(3) In this regulation:
"driver's licence medical certificate (aviation)" has the meaning given by the instrument of exemption from holding a class 2 medical certificate issued by CASA on 29 June 2012 (CASA instrument number CASA EX68/12).
(4) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 May 2015 as if they had been repealed by another regulation.
202.281 Expiry of Division 202.CB.1 at end of 31 August 2025
This Division, and the entries for this Division in the Part 202 table of contents, expire at the end of 31 August 2025 as if they had been repealed by another regulation.
418 Division 202.CE.1 (heading)
Repeal the heading, substitute:
Subdivision 202.CE.1.1 -- Aircraft radiotelephone operator certificate of proficiency
419 Regulation 202.300 (heading)
Repeal the heading, substitute:
202.300 Definitions for Subdivision 202.CE.1.1
420 Regulation 202.300
Omit "In this Division", substitute "In this Subdivision".
421 Regulation 202.300
Insert:
"amendments" means the amendments made by:
(a) the Civil Aviation Legislation Amendment Regulation 2013 (No. 1) ; and
(b) the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013 .
422 Regulation 202.300 (definition of cessation time )
Omit "this Subpart", substitute "this Subdivision".
423 Regulation 202.300 (definition of old authorisation )
Repeal the definition, substitute:
"old authorisation" means:
(a) a flight radio operator's licence issued under Part 5 of CAR; or
(b) an aircraft radiotelephone operator certificate of proficiency issued under regulation 83A of CAR.
424 Subregulations 202.301(1) and 202.302(2)
Omit "repeal of regulation 83A of CAR", substitute "amendments".
425 After subregulation 202.304(1)
Insert:
(1A) However, the holder is not taken to have applied for the grant of an aeronautical radio operator certificate if, under regulation 202.272, the holder is taken to have applied for, and met the requirements for, the grant of a flight crew licence under Part 61.
426 Division 202.CE.2 (heading)
Repeal the heading, substitute:
Subdivision 202.CE.1.2 -- Approval to taxi an aeroplane
427 Regulation 202.307 (heading)
Repeal the heading, substitute:
202.307 Definitions for Subdivision 202.CE.1.2
428 Regulation 202.307
Omit "In this Division", substitute "In this Subdivision".
429 Regulation 202.307 (definition of cessation time )
Omit "this Subpart", substitute "this Subdivision".
430 Subregulation 202.311(1)
Omit "this Subpart", substitute "this Subdivision".
431 Regulation 202.312
Repeal the regulation, substitute:
Subdivision 202.CE.1.3 -- Expiry of Division 202.CE.1
202.312 Expiry of Division 202.CE.1 at end of 31 August 2018
This Division, and the entries for this Division in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation.
432 Subpart 202.GA (heading)
Repeal the heading, substitute:
433 Regulation 202.720
Repeal the regulation, substitute:
202.720 Definitions for Division 202.GA.1
A term that is used in this Division has the same meaning in this Division as it has in Part 141.
434 Paragraphs 202.721(1)(a), 202.722(1)(a), 202.723(1)(a) and 202.728(1)(a)
Omit "mentioned in subparagraph 206(1)(a)(vi) of CAR".
435 Regulation 202.729
Repeal the regulation, substitute:
202.729 Expiry of Division 202.GA.1 at end of 31 August 2017
This Division, and the entries for this Division in the Part 202 table of contents, expire at the end of 31 August 2017 as if they had been repealed by another regulation.
436 Subpart 202.GB (heading)
Repeal the heading, substitute:
437 Regulation 202.740
Repeal the regulation, substitute:
202.740 Definitions for Division 202.GB.1
A term that is used in this Division has the same meaning in this Division as it has in Part 142.
438 Regulations 202.741, 202.742 and 202.743
Repeal the regulations, substitute:
202.741 AOCs authorising flying training--if in force immediately before 1 September 2014
(1) This regulation applies to an AOC if, immediately before 1 September 2014:
(a) the AOC authorised the flying or operation of an aeroplane, rotorcraft or airship for flying training (the old training ); and
(b) the AOC was in force.
(2) While the AOC is in force, and subject to any changes to the AOC:
(a) the AOC is taken to authorise the flying or operation of the aeroplane, rotorcraft or airship for Part 142 flight training that is equivalent to the old training; and
(b) subject to any changes to the conditions of the AOC, any conditions of the AOC that relate to the old training are taken to apply to the Part 142 flight training.
202.742 AOCs authorising flying training--if under suspension immediately before 1 September 2014
(1) This regulation applies to an AOC if, immediately before 1 September 2014:
(a) the AOC authorised the flying or operation of an aeroplane, rotorcraft or airship for flying training (the old training ); and
(b) the AOC was under suspension in relation to the old training.
(2) If the suspension is lifted, then, while the AOC is in force, and subject to any changes to the AOC:
(a) the AOC is taken to authorise the flying or operation of the aeroplane, rotorcraft or airship for Part 142 flight training that is equivalent to the old training; and
(b) subject to any changes to the conditions of the AOC, any conditions of the AOC that relate to the old training are taken to apply to the Part 142 flight training.
(1) This regulation applies if, before 1 September 2014:
(a) a person applied for an AOC authorising the flying or operation of an aeroplane, rotorcraft or airship for flying training (the proposed training ); and
(b) the application was not finally determined by CASA.
(2) The application is taken to be an application for an AOC for Part 142 flight training that is equivalent to the proposed training.
439 Paragraph 202.747(1)(a)
Repeal the paragraph, substitute:
(a) an AOC mentioned in regulation 202.741 or 202.742; or
(aa) an AOC granted on the basis of an application to which regulation 202.743 applied; or
440 Subparagraph 202.749(1)(a)(i)
Repeal the subparagraph, substitute:
(i) an AOC mentioned in regulation 202.741 or 202.742; or
(ia) an AOC granted on the basis of an application to which regulation 202.743 applied; or
441 Paragraph 202.750(1)(a)
Repeal the paragraph, substitute:
(a) an AOC mentioned in regulation 202.741 or 202.742; or
(aa) an AOC granted on the basis of an application to which regulation 202.743 applied; or
442 Paragraph 202.751(1)(a)
Omit "mentioned in subparagraph 206(1)(a)(vi) of CAR".
443 Regulation 202.752
Repeal the regulation, substitute:
202.752 Expiry of Division 202.GB.1 at end of 31 August 2017
This Division, and the entries for this Division in the Part 202 table of contents, expire at the end of 31 August 2017 as if they had been repealed by another regulation.
444 Part 1 of the Dictionary (definition of 2D instrument approach procedure )
Repeal the definition, substitute:
2D instrument approach operation means an instrument approach operation using lateral navigation guidance only.
445 Part 1 of the Dictionary (definition of 3D instrument approach procedure )
Repeal the definition, substitute:
3D instrument approach operation means an instrument approach operation using lateral and vertical navigation guidance.
446 Part 1 of the Dictionary (definition of apply )
Repeal the definition, substitute:
"apply" , in relation to application material, has the meaning given by regulation 137.010.
447 Part 1 of the Dictionary
Insert:
"authorised instrument approach procedure" means:
(a) for an aerodrome in Australian territory--an instrument approach procedure that is:
(i) designed by a certified designer or authorised designer, and published in the AIP or given to CASA under Part 173; or
(ii) prescribed by an instrument issued under regulation 201.025 for this paragraph; or
(b) for an aerodrome in a foreign country--an instrument approach procedure that is authorised by the national aviation authority of the country.
"authorised instrument departure procedure" means:
(a) for an aerodrome in Australian territory--an instrument departure procedure that is:
(i) designed by a certified designer or authorised designer, and published in the AIP or given to CASA under Part 173; or
(ii) prescribed by an instrument issued under regulation 201.025 for this paragraph; or
(b) for an aerodrome in a foreign country--an instrument departure procedure that is authorised by the national aviation authority of the country.
448 Part 1 of the Dictionary (definition of class )
Repeal the definition, substitute:
"class" :
(a) of aircraft, has the meaning given by regulation 61.020; and
(b) of aeroplane for Part 64 (Ground operations personnel licensing), has the meaning given by regulation 64.010; and
(c) in relation to medical certificates--means a class of medical certificate mentioned in regulation 67.145.
449 Part 1 of the Dictionary
Insert:
"certificate of validation" has the meaning given by regulation 61.010.
"cross-country flight" has the meaning given by regulation 61.010.
"examiner" has the meaning given by regulation 61.010.
450 Part 1 of the Dictionary (paragraph (a) of the definition of flight crew endorsement )
Repeal the paragraph, substitute:
(a) means a flight crew endorsement within the meaning of Part 61; and
451 Part 1 of the Dictionary (paragraph (a) of the definition of flight crew licence )
Repeal the paragraph, substitute:
(a) means a flight crew licence within the meaning of Part 61; and
452 Part 1 of the Dictionary (paragraph (a) of the definition of flight crew rating )
Repeal the paragraph, substitute:
(a) means a flight crew rating within the meaning of Part 61; and
453 Part 1 of the Dictionary (definition of flight engineer )
Repeal the definition, substitute:
"flight engineer" means the holder of a flight engineer licence.
454 Part 1 of the Dictionary (paragraphs (a) and (b) of the definition of flying in formation )
Omit "flying in formation", substitute " flying in formation ".
455 Part 1 of the Dictionary
Insert:
"instructor" has the meaning given by regulation 61.010.
"instrument approach operation" means an approach and landing:
(a) conducted using instruments for navigation guidance; and
(b) based on an authorised instrument approach procedure.
456 Part 1 of the Dictionary (paragraph (b) of the definition of integrated training )
Repeal the paragraph, substitute:
(b) for which:
(i) the ground theory training and practical flight training are conducted by the same operator; or
(ii) the operator that conducts the practical flight training engages another person or organisation to conduct the ground theory training on behalf of the operator; and
457 Part 1 of the Dictionary (definition of medical certificate )
Repeal the definition, substitute:
"medical certificate" means:
(a) a medical certificate issued under Subpart 67.C; or
(b) for the holder of a certificate of validation of an overseas flight crew licence--the holder's overseas medical certificate.
458 Part 1 of the Dictionary
Insert:
"medically significant condition" has the meaning given by subregulation 67.010(1).
"medical practitioner" :
(a) for Part 61 has the meaning given by regulation 61.010; and
(b) for Part 67 has the meaning given by subregulation 67.010(1).
"meets the modified Austroads medical standards" has the meaning given by regulation 67.262.
459 Part 1 of the Dictionary (definition of NAA )
Repeal the definition.
460 Part 1 of the Dictionary
Insert:
"national aviation authority" , for a foreign country:
(a) means the authority that is responsible for regulating civil aviation in the country; and
(b) includes:
(i) the national airworthiness authority for the country; and
(ii) if EASA carries out functions on behalf of the country--EASA.
"overseas endorsement" has the meaning given by regulation 61.010.
"overseas flight crew licence" has the meaning given by regulation 61.010.
"overseas medical certificate" has the meaning given by regulation 61.010.
"overseas rating" has the meaning given by regulation 61.010.
"pilot" , used as a verb, has the meaning given by regulation 61.010.
"solo" , in relation to a flight of an aircraft, has the meaning given by regulation 61.010.
"student pilot" means:
(a) for aircraft other than balloons--a person who is authorised to pilot an aircraft under regulation 61.112; or
(b) for balloons--a person who:
(i) does not hold a commercial (balloon) pilot licence within the meaning of subregulation 5.01(1) of CAR; and
(ii) is receiving balloon flight training.
461 Part 1 of the Dictionary (definition of successfully participating )
Repeal the definition, substitute:
"successfully participating" , in an operator's approved cyclic training and proficiency program, has the meaning given by regulation 61.010.
462 Part 1 of the Dictionary
Insert:
"tour of duty" , for a flight crew member:
(a) means a period from when the member begins any duties associated with his or her employment before making a flight or series of flights until the member is finally relieved of all such duties after the end of the flight or flights; and
(b) includes a period during which the member is required by an operator to hold himself or herself available at an aerodrome for the performance of any such duties.
463 Clause 30 of Part 2 of the Dictionary
Repeal the clause.
464 Amendments of listed provisions--conversion of notes to decentralised tables of contents
Omit " Note This Part is made up as follows: " and substitute " Table of contents " in the following provisions:
(a) Part 61 (note);
(b) Part 64 (note);
(c) Part 141 (note);
(d) Part 142 (note).
Part 2 -- Amendments of references to NAA
Civil Aviation Regulations 1988
465 Paragraph 42W(5)(a)
Omit "an NAA", substitute "a national aviation authority".
466 Subparagraphs 42WA(1)(b)(i) and (ii)
Omit "NAA", substitute "national aviation authority".
467 Paragraphs 42WA(1)(c) and (3)(a)
Omit "NAA", substitute "national aviation authority".
Civil Aviation Safety Regulations 1998
468 Part 21 (table of contents)
Omit the entries for regulations 21.029 and 21.029A, substitute:
21.029 Type certificate for imported aircraft, aircraft engines or propellers not type certificated by national aviation authority of recognised country
21.029A Type acceptance certificate for imported aircraft certificated by national aviation authority of recognised country
469 Paragraph 21.011(c)
Omit "NAAs", substitute "national aviation authorities".
470 Regulation 21.029 (heading)
Repeal the heading, substitute:
21.029 Type certificate for imported aircraft, aircraft engines or propellers not type certificated by national aviation authority of recognised country
471 Regulation 21.029A (heading)
Repeal the heading, substitute:
21.029A Type acceptance certificate for imported aircraft certificated by national aviation authority of recognised country
472 Part 42 (table of contents)
Omit the entry for regulation 42.306, substitute:
42.306 Who is permitted to carry out maintenance on aeronautical products--foreign organisations approved by national aviation authority
473 Paragraph 42.301(1)(c)
Omit "the NAA that permits", substitute "the national aviation authority that permits".
474 Regulation 42.306 (heading)
Repeal the heading, substitute:
475 Paragraph 42.306(2)(a)
Omit "the NAA that permits", substitute "the national aviation authority that permits".
476 Amendments of listed provisions--references to NAA
Omit "NAA" (wherever occurring) and substitute "national aviation authority" in the following provisions:
(a) subregulations 21.024(3), 21.026(3) and 21.029(1) and (2);
(b) paragraphs 21.029(3)(a) and 21.029A(a);
(c) subparagraphs 21.029A(b)(i) and (iv);
(d) subregulation 21.029B(1);
(e) paragraphs 21.029B(2)(b) and (c) and 21.029C(1)(b) and (c);
(f) subregulation 21.031(3);
(g) subregulation 21.041(1) (paragraphs (a) and (b) of the definition of foreign type certificate );
(h) paragraphs 21.051(4)(b) and (c);
(i) subregulations 21.083(2) and (5) and 21.085(2) and (4);
(j) regulation 21.114;
(k) subregulation 21.119(1);
(l) regulation 21.132 (paragraph (b) of the definition of product design );
(m) sub-subparagraph 21.132A(2)(a)(ii)(C);
(n) paragraph 21.181(5)(b);
(o) subparagraph 21.182(1)(b)(i);
(p) subparagraphs 21.303(1)(a)(ii) and 21.321(2)(a)(ii);
(q) paragraphs 21.470(a), (b), (c) and (d);
(r) subregulation 21.609(2);
(s) paragraphs 21.617(1)(a) and (b);
(t) regulation 39.001A (paragraph (a) of the definition of foreign State of Design airworthiness directive );
(u) paragraph 39.002(d);
(v) regulation 39.005;
(w) regulation 42.120 (note 1);
(x) paragraphs 42.301(1)(a) and 42.306(1)(a);
(y) subparagraphs 42.440(e)(iii) and 42.470(c)(ii);
(z) paragraph 42.470(d);
(za) subparagraph 47.065(g)(iii);
(zb) paragraphs 90.008(3)(b) and 137.190(1)(c);
(zc) Part 2 of the Dictionary (subparagraphs 37(b)(iii) and (c)(iii)).