Commonwealth Numbered Regulations

CIVIL AVIATION REGULATIONS (AMENDMENT) 1997 No. 139 - REG 4

4.1 After Division 16 in Part 5, insert:

"Division 16A - Restricted Flight Engineer Licence [NOTES: 1. The following
terms used in this Division are defined in regulation 2:
check flight engineer     restricted flight engineer proficiency check

operator                  synthetic flight trainer 
restricted flight engineer
training flight engineer 2. The following term used in this Division is
defined in regulation 5.01:
type                            type endorsement.]
What are the qualifications for a restricted flight engineer licence?

"5.195A. (1) For the purposes of subregulation 5.09 (1), a person is qualified
to hold a restricted flight engineer licence only if the person:

   (a)  holds a commercial pilot (aeroplane) licence or an air transport pilot
        (aeroplane) licence; and

   (b)  is employed by, or works under an arrangement with, an operator whose
        training and checking organisation has been approved under regulation
        217; and

   (c)  has received training in the duties of a restricted flight engineer in
        accordance with an approved syllabus of training; and

   (d)  has satisfactorily completed a restricted flight engineer proficiency
        check.

"(2) For the purposes of paragraph (1) (d), a person is not taken to have
satisfactorily completed a restricted flight engineer proficiency check unless
the operator has given CASA written notice that the person has done so. What
does a restricted flight engineer licence authorise the holder to do?

"5.195B. (1) A restricted flight engineer licence authorises the holder of the
licence to perform the duties of a flight engineer in an aircraft while the
aircraft is in the cruise phase of a flight.

"(2) The authority given by subregulation (1) is subject to the limitations
set out in regulations 5.195C, 5.195D and 5.195E.

"(3) In this regulation:
'air traffic control organisation' means:

   (a)  in relation to Australia - Air Traffic Control; and

   (b)  in relation to a country other than Australia - the organisation in
        that country that has responsibility for air traffic control;
'cruise phase of flight' means the part of an aircraft's flight:

   (a)  that starts when the aircraft reaches its first planned cruise level,
        or that level as amended by an air traffic control organisation; and

   (b)  that ends when the aircraft reaches the point at which the aircraft
        first starts its descent for the purpose of landing; and includes
        flight level changes made during that part of the flight;
'first planned cruise level', in relation to an aircraft's flight, means the
first cruising level stated in the aircraft's flight plan as submitted to the
relevant air traffic control organisation before the flight. What kind of
aircraft may a restricted flight engineer operate?

"5.195C. The holder of a restricted flight engineer licence must not perform
the duties authorised by the licence in an aircraft unless he or she also
holds an aircraft endorsement for the aircraft authorising the holder to fly
the aircraft for purposes authorised under his or her commercial pilot
(aeroplane) licence or air transport pilot (aeroplane) licence, as the case
may be. [NOTE: See subsection 20AB (1) of the Civil Aviation Act 1988 for
offences relating to flying and performing other duties that are essential to
the operation of an aircraft during flight time without a licence,
certificate, rating or endorsement.] Restricted flight engineer to undertake
regular proficiency checks

"5.195D. The holder of a restricted flight engineer licence must not perform
the duties authorised by the licence in an aircraft during flight time unless
he or she has, within the period of 8 calendar months immediately before the
day of the proposed flight, satisfactorily completed a restricted flight
engineer proficiency check for the type of aircraft in which he or she
proposes to perform the duties. Penalty: 50 penalty units. Restricted flight
engineer: recent experience requirements

"5.195E. (1) The holder of a restricted flight engineer licence must not
perform the duties authorised by the licence in a type of aircraft unless he
or she has, within the period of 70 days immediately before the day of the
proposed flight:

   (a)  performed the duties of a flight engineer during flight in an aircraft
        of that type; or

   (b)  under the supervision of a check flight engineer, or of a training
        flight engineer, or of a synthetic flight trainer instructor,
        satisfactorily completed at least 2 hours in a synthetic flight
        trainer approved for the purposes of subregulation 5.193 (3). Penalty:
        25 penalty units.

"(2) Subregulation (1) does not apply to the holder of a restricted flight
engineer licence who is undertaking a restricted flight engineer proficiency
check under regulation 5.195D.

"(3) In this regulation:
'synthetic flight trainer instructor' has the same meaning as in regulation
5.192. When may an unlicensed person perform the duties of a restricted flight
engineer?

"5.195F. A person who:

   (a)  meets the requirements of paragraphs 5.195A (1) (a) and (b); and

   (b)  does not hold a restricted flight engineer licence; may perform the
        duties of a restricted flight engineer if:

   (c)  the person is undertaking a restricted flight engineer proficiency
        check; or

   (d)  the person:

        (i)    is accompanied by a check flight engineer or by a training
               flight engineer; and

        (ii)   is undertaking training as a restricted flight engineer.".