CASA 91/21 — Training and Checking (CASR Part 121) Determination 2021 (Cth)

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Instrument number CASA 91/21

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under subregulation 202.418 (3) of the Civil Aviation Safety Regulations 1998.

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

28 November 2021

CASA 91/21 — Training and Checking (CASR Part 121) Determination 2021

1          Name

This instrument is CASA 91/21 — Training and Checking (CASR Part 121) Determination 2021.

2          Duration

This instrument commences on 2 December 2021.

3          Definitions

Note   In this instrument certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: cabin crew member, flight crew member and operator.

(1)     In this instrument:

CAO 20.11 means Civil Aviation Order 20.11, as in force immediately before 2 December 2021.

CAO 82.0 means Civil Aviation Order 82.0, as in force immediately before 2 December 2021.

CAR means the Civil Aviation Regulations 1988, as in force immediately before 2 December 2021, and any mention of a provision of CAR refers to that provision as so in force.

CASR means the Civil Aviation Safety Regulations 1998.

emergency procedures proficiency test means the crew member emergency procedures proficiency test specified in Appendix IV of CAO 20.11.

operator’s training and checking manual means the training and checking manual of the operator, as the manual exists from time to time.

Part 121 MOS means the Part 121 Manual of Standards.

Note   The CASR Dictionary defines Part 121 Manual of Standards as meaning the Manual of Standards issued by CASA under regulation 121.015.

relevant flight means a flight, for an operator, of an aeroplane to which Part 121 (other than Subpart 121.Z) of CASR applies.

Note   Subregulation 121.005 (1) of CASR provides that Part 121 (other than Subpart 121.Z) applies to the operation of a multi‑engine aeroplane, for an Australian air transport operation, if the aeroplane has either or both of the following:

(a)     a maximum operational passenger seat configuration of >9;

(b)     a maximum take‑off weight of >8,618 kg.

(2)     In this instrument, unless a contrary intention appears, words and expressions have the same meaning as in regulation 202.418 of CASR.

(3)     In this instrument, unless a contrary intention appears, mention of a provision with the prefix “121.” is a reference to that provision as contained in Part 121 of CASR.

(4)     In this instrument a reference to an operator’s training and checking manual, includes relevant text included in the operator’s operations manual.

(5)     In this instrument a reference to the expiry date of an old event or to a period of time after an old event, includes a reference to any deemed expiry date or when an old event is deemed to have occurred, in accordance with the civil aviation legislation in force immediately before 2 December 2021.

4          Purpose

This instrument is a determination for the purposes of subregulation 202.418 (3) of CASR.

5          Application

This instrument applies in relation to a relevant flight.

6          Determination

If:

(a)   on or after 2 December 2021, a requirement (a new requirement), in relation to a training or checking event mentioned in an item of column 1 of the Table in Schedule 1 (a new event), applies in relation to a relevant flight by a person mentioned in the item (the person); and

(b)   before 2 December 2021, a training or checking event mentioned in column 2 of the item (the old event) happened in relation to the person; and

(c)   the relevant flight occurs:

(i)  on or after 2 December 2021; and

(ii)  before the expiry of the time specified in column 3 of the item (the expiry date);

then, I determine that, for the purposes of regulation 202.418:

(d)   the new event is taken to have happened in relation to the person; and

(e)   the new requirement is taken to have been met by the person for a relevant flight that is conducted before the expiry date.

Schedule 1   New requirements taken to have been met by old events

Table     Transitional training and checking events

Column 1 Column 2 Column 3
Item New requirement for a person in relation to a training or checking event (a new event) Old event in relation to the person Old event expiry date
Flight crew members

1

Initial training

1. Person: a flight crew member (FCM).

2. New Requirement: Initial training for an operator in accordance with the following:

(a)   paragraph 121.475 (2) (i);

(b)   paragraph 121.555 (1);

(c)   Division 2 in Chapter 12 of the Part 121 MOS.

1. Person: an FCM who, immediately before 2 December 2021, was subject to the operator’s training and checking organisation (T&CO) under regulation 217 of CAR (an FCM under a T&CO).

2. Old event for the FCM: successful completion, under the T&CO, of the operator’s initial training (however described) in accordance with the operator’s training and checking manual.

No expiry date

3. Person: an FCM to whom paragraph 1 did not apply.

4. Old event for the FCM: conduct of at least 1 unsupervised charter flight or aerial work (air ambulance) flight for the operator.

No expiry date

2

Conversion training

1. Person: an FCM.

2. New Requirement: Conversion training for an operator and the kind of aeroplane in accordance with the following:

(a)   paragraph 121.475 (2) (j);

(b)   paragraph 121.475 (2) (k);

(c)   paragraph 121.560 (1) (a);

(d)   subregulation 121.560 (2);

(e)   Division 3 in Chapter 12 of the Part 121 MOS.

Note:   The CASR Dictionary defines kind, of an aircraft, to mean:

(a)     for an aircraft that is covered by an aircraft type rating—the aircraft type rating; and

(b)     for an aircraft that is not covered by an aircraft type rating—the type of aircraft.

1. Person: an FCM under a T&CO.

2. Old event for the FCM: successful completion, under the T&CO, of the operator’s conversion training (however described) for the kind of aeroplane, in accordance with the operator’s training and checking manual but which includes any relevant specific flight-procedures training mentioned in Division 3 in Chapter 12 of the Part 121 MOS.

No expiry date

3. Person: an FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: conduct of at least 1 unsupervised charter flight or aerial work (air ambulance) flight for the operator and the kind of aeroplane.

No expiry date

3

Recurrent flight training and checking

1. Person: an FCM.

2. New Requirement: Recurrent flight training for an operator and the kind of aeroplane in accordance with the following:

(a)   paragraph 121.475 (2) (l);

(b)   paragraph 121.570 (1) (b);

(c)   Division 4 in Chapter 12 of the Part 121 MOS.

Note   For a valid proficiency check, see item 4. For a valid refresher check, see item 6. For a valid annual emergency and safety equipment check, see item 7. For a valid 3‑yearly emergency and safety equipment check, see item 8.

1. Person: an FCM under a T&CO.

2. Old event for the FCM: successful completion, under the T&CO, of the operator’s recurrent flight training (however described) for the kind of aeroplane, in accordance with the operator’s training and checking manual.

The earlier of the following:

(a)   1 year after the old event;

(b)   2 December 2022.

3. Person: an FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: conduct of at least 1 unsupervised charter flight or aerial work (air ambulance) flight for the operator and the kind of aeroplane.

2 December 2022

4

Proficiency check

1. Person: an FCM.

2. New Requirement: Proficiency check for an operator and the kind of aeroplane in accordance with the following:

(a)   subregulation 121.580 (1);

(b)   Division 5 in Chapter 12 of the Part 121 MOS.

1. Person: an FCM under a T&CO.

2. Old event for the FCM: successful completion, under the T&CO, for the operator and the kind of aeroplane, of any of following that was valid immediately before 2 December 2021:

(a)   for a pilot in command — a pilot in command proficiency check, mentioned in paragraphs 8B.2 or 8.B.5 of CAO 82.0;

(b)   for a co‑pilot — a co‑pilot proficiency check in mentioned in paragraph 8B.7 of CAO 82.0;

(c)   for an FCM — a check of competence (however described) for normal, abnormal and emergency procedures in accordance with the operator’s training and checking manual.

The earlier of the following:

(a)   the old event’s expiry date;

(b)   8 months after an old event that is a proficiency check mentioned in paragraph (2) (a) or (b) in column 2, or a check of competence mentioned in paragraph (2) (c) in column 2;

(c)   the day the FCM undertakes the proficiency check mentioned in column 1;

(d)   2 December 2022.

3. Person: an FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: successful completion of an instrument proficiency check that was valid for the aeroplane under Part 61 of CASR immediately before 2 December 2021.

For an old event that is an instrument proficiency check, the earlier of:

(a)    the day the instrument proficiency check is no longer valid for the FCM and the aeroplane;

(b)    the day the FCM undertakes the proficiency check mentioned in column 1;

(c)    2 December 2022.

5

Line check

1. Person: an FCM.

2. New Requirement: Line check for an operator and the kind of aeroplane in accordance with the following:

(a)   regulation 121.565;

(b)   regulation 121.585;

(c)   regulation 121.590.

1. Person: an FCM under a T&CO.

2. Old event for the FCM: successful completion, under the T&CO, for the operator and for the kind of aeroplane, of any of following that was valid immediately before the commencement date:

(a)   a line check (however described) in accordance with the operator’s training and checking manual that was completed not more than 12 months before 2 December 2021;

(b)   a proficiency check or check of competency of a kind mentioned in column 2 of item 4.

The earlier of the following:

(a)   the later of the expiry dates of the checks mentioned in paragraphs (a) and (b) in column 2;

(b)   the day the FCM undertakes the line check mentioned in column 1;

(c)   2 December 2022.

3. Person: an FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: conduct of at least 1 unsupervised charter flight or aerial work (air ambulance) flight for the operator and the kind of aeroplane.

The earlier of the following:

(a)   the day the FCM undertakes the line check mentioned in column 1;

(b)   2 December 2022.

5. Person: a flight engineer.

6. Old event for the FCM: conduct of at least 1 unsupervised charter flight or aerial work (air ambulance) flight for the operator and the kind of aeroplane.

The earlier of the following:

(a)   the day the FCM undertakes the line check mentioned in column 1;

(b)   2 December 2022.

6

Refresher training and refresher check

1. Person: an FCM.

2. New Requirement: Refresher training and refresher check for an operator and the kind of aeroplane in accordance with the following:

(a)   regulation 121.595;

(b)   regulation 121.600.

1. Person: an FCM under a T&CO.

2. Old event for the FCM: successful completion, under the T&CO, for the operator and the kind of aeroplane, of the following that was valid immediately before 2 December 2021:

(a)   refresher training (however described) in accordance with the operator’s training and checking manual; and

(b)   a proficiency check or a check of competency of a kind mentioned in column 2 of item 4.

The earlier of the following:

(a)   the expiry date of a check mentioned in column 2;

(b)   the day the FCM undertakes the refresher check mentioned in column 1;

(c)   2 December 2022.

3. Person: an FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: successful completion of an instrument proficiency check that is valid for the aeroplane under Part 61 of CASR not more than 12 months before 2 December 2021.

7

Annual emergency and safety equipment training and check

1. Person: an FCM.

2. New Requirement: Annual emergency and safety equipment training and check for an operator and the kind of aeroplane in accordance with the following:

(a)   regulation 121.605;

(b)   regulation 121.610;

(c)   Division 6 in Chapter 12 of the Part 121 MOS.

1. Person: an FCM who was required under subsection 12 of CAO 20.11 to undertake and pass for the kind of aeroplane, the emergency procedures proficiency test.

2. Old event for the FCM: successful completion for the operator and kind of aeroplane, of the following that was valid immediately before 2 December 2021:

(a)   the emergency procedures proficiency test.

The earlier of the following:

(a)   the expiry date of the emergency procedures proficiency test;

(b)   the day the FCM undertakes the check mentioned in column 1;

(c)   2 December 2022.

3. Person: an FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: conduct of at least 1 unsupervised aerial work (air ambulance) flight for the operator and kind of aeroplane.

The earlier of the following:

(a)   the day the FCM undertakes the check mentioned in column 1;

(b)   2 December 2022.

8

3‑yearly emergency and safety equipment training and check

1. Person: an FCM.

2. New Requirement: 3‑yearly emergency and safety equipment training and check for an operator and the kind of aeroplane in accordance with the following:

(a)   regulation 121.615;

(b)   regulation 121.620;

(c)   Division 7 in Chapter 12 of the Part 121 MOS.

1. Person: an FCM who was required under subsection 12 of CAO 20.11 to undertake and pass for a kind of aeroplane the emergency procedures proficiency test.

2. Old event for the FCM: successful completion for the operator and kind of aeroplane of the following that was valid immediately before 2 December 2021:

(a)   the emergency procedures proficiency test.

The earlier of the following:

(a)   3 years after the date of the emergency procedures proficiency test;

(b)   the day the FCM undertakes the check mentioned in column 1;

(c)   2 December 2024.

3. Person: an FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: conduct of at least 1 unsupervised aerial work (air ambulance) flight for the operator and kind of aeroplane.

The earlier of the following:

(a)   the day the FCM undertakes the check mentioned in column 1;

(b)   2 December 2024.

Senior cabin crew members

9

Senior cabin crew member training and check

1. Person: a senior cabin crew member

2. New Requirement: Senior cabin crew member training and competency check for an operator and aeroplane in accordance with the following:

(a)   regulation 121.665;

(b)   Division 2 in Chapter 13 of the Part 121 MOS.

1. Person: a cabin attendant (a CA) under a T&CO whose duties are analogous to those of a senior cabin crew member (a relevant CA).

2. Old event for the relevant CA: successful completion for the operator and aeroplane of the following that was valid immediately before 2 December 2021:

(a)   training to perform the duties of a relevant CA, in accordance with the operator’s training and checking manual;

(b)   a check of competency or line check (however described) in accordance with the operator’s training and checking manual, that included a check of the performance of duties analogous to those of a senior cabin crew member (a relevant check).

1. For an old event that is 1 of the following:

(a)   training — no expiry date;

(b)   a relevant check — the earlier of:

(i)    the later of the expiry dates of the checks mentioned in column 2;

(ii)   the day the relevant CA undertakes a check mentioned in column 1;

(iii)  2 December 2022.

Cabin crew members

10

Cabin crew member initial training

1. Person: a cabin crew member (CCM)

2. New Requirement: CCM initial training for an operator in accordance with the following:

(a)   paragraph 121.640 (2) (b);

(b)   regulation 121.710;

(c)   Division 4 in Chapter 13 of the Part 121 MOS.

1. Person: a CA under a T&CO in accordance with CAR 217.

2. Old event for the CA: successful completion for the operator of initial training (however described) in accordance with the operator’s training and checking manual.

No expiry date

11

Cabin crew member conversion training

1. Person: a CCM.

2. New Requirement: CCM conversion training for an operator and the aeroplane type in accordance with the following:

(a)   paragraph 121.640 (2) (c);

(b)   regulation 121.715;

(c)   regulation 121.730;

(d)   Division 5 in Chapter 13 of the Part 121 MOS.

1. Person: a CA under a T&CO

2. Old event for the CA: successful completion for the operator and the aeroplane type of conversion training (however described) in accordance with the operator’s training and checking manual.

No expiry date

12

Cabin crew member differences training

1. Person: a CCM.

2. New Requirement: CCM differences training for an operator and an aeroplane in accordance with the following:

(a)   paragraph 121.640 (2) (e);

(b)   regulation 121.720.

1. Person: a CA under a T&CO.

2. Old event for the CA: successful completion for the operator and the aeroplane, of differences training (however described) in accordance with the operator’s training and checking manual.

No expiry date

13

Cabin crew member annual training and valid annual training check

1. Person: a CCM.

2. New Requirement: CCM annual training and valid annual training check for an operator and the aeroplane type in accordance with the following:

(a)   paragraph 121.640 (2) (f);

(b)   regulation 121.725;

(c)   Division 6 in Chapter 13 of the Part 121 MOS.

1. Person: a CA under a T&CO.

2. Old event for the CA: successful completion for the operator and the aeroplane type, of the following that was valid immediately before 2 December 2021:

(a)   cabin attendant training mentioned in paragraph 13.3 of CAO 20.11; and

(b)   emergency procedures proficiency test.

The earlier of the following:

(a)   the expiry date of the emergency procedures proficiency test;

(b)   the day the CCM undertakes the check mentioned in column 1;

(c)   2 December 2022.

14

Cabin crew member valid line check

1. Person: a CCM.

2. New Requirement: CCM valid line check for an operator and an aeroplane operated by the operator in accordance with the following:

(a)   paragraph 121.640 (2) (g);

(b)   regulation 121.730.

1. Person: a CA under a T&CO.

2. Old event for the CA: successful completion for the operator and for the aeroplane, of 1 of the following that was valid immediately before 2 December 2021:

(a)   a line check (however described) in accordance with the operator’s training and checking manual; or

(b)   emergency procedures proficiency test; or

(c)   check of competency in accordance with the operator’s training and checking manual.

The earlier of the following:

(a)   the latest of the expiry dates of the check under paragraph (a), the emergency procedures proficiency test under paragraph (b) and the check under paragraph (c) in column 2, as applicable;

(b)   the day the CCM undertakes the check mentioned in column 1;

(c)   2 December 2022.

15

Cabin crew member 3‑yearly training check

1. Person: a CCM.

2. New Requirement: CCM 3‑yearly training check for an operator and the aeroplane type in accordance with the following:

(a)   paragraph 121.640 (2) (h);

(b)   regulation 121.735;

(c)   Division 7 in Chapter 13 of the Part 121 MOS.

1. Person: a CA under a T&CO.

2. Old event for the CA: successful completion for the operator and the aeroplane type, of the following that was valid immediately before 2 December 2021:

(a)   emergency procedures proficiency test.

The earlier of the following:

(a)   3 years after the date of the emergency procedures proficiency test;

(b)   the day the CCM undertakes the check mentioned in column 1;

(c)   2 December 2024.

16

English language proficiency

1. Person: a CCM.

2. New Requirement: CCM English language proficiency assessment and assessment report for an operator in accordance with the following:

(a)   regulation 121.655;

(b)   Division 1 in Chapter 13 of the Part 121 MOS.

1. Person: a CA under a T&CO.

2. Old event for the CA: performance of CA duties on at least 1 charter or regular public transport flight for the operator during which the CA was not under training or supervision, unless the training or supervision was for the purpose of regaining currency or competency.

No expiry date

17

Cabin crew member annual emergency and safety equipment check

Note   Only applies for flights for which a cabin crew member is carried but not required.

1. Person: a CCM.

2. New Requirement: CCM annual emergency and safety equipment check (on flights for which a cabin crew member is carried but not required) for an operator and the aeroplane type in accordance with the following:

(a)   regulation 121.750.

1. Person: a CA.

2. Old event for the CA: successful completion for the operator and the aeroplane type, of 1 of the following that was valid immediately before 2 December 2021:

(a)   emergency procedures proficiency test that was valid immediately before 2 December 2021: or

(b)   the unsupervised conduct of relevant duties on a charter passenger flight.

The earlier of the following:

(a)   the expiry date of the emergency procedures proficiency test (where applicable);

(b)   the day the CCM undertakes the check mentioned in column 1;

(c)   2 December 2022.

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