CASA EX156/15 - Exemption – foreign cadet pilots taking flight test for a commercial pilot licence – class 1 medical certificate (Cth)

Instrument number CASA EX156/15

I, MARK ALAN SKIDMORE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

[Signed Mark Skidmore AM]

Mark Skidmore AM
Director of Aviation Safety

4 September 2015

Exemption – foreign cadet pilots taking flight test for a commercial pilot licence – class 1 medical certificate

1          Duration

This instrument:

(a)   commences on the day of registration; and

(b)   expires at the end of August 2018, as if it had been repealed by another instrument.

2          Definition

In this instrument:

medical assessment means the evidence issued by a National Aviation Authority (NAA) that the licence holder meets specific requirements of medical fitness.

3          Application

This instrument applies to each person (foreign cadet pilot) who:

(a)   is not a citizen of Australia; and

(b)   is not a permanent resident of Australia; and

(c)   is a student registered to undergo flight training with 1 of the following persons (the operator):

(i)  a Part 141 operator;

(ii)  a Part 142 operator; and

(d)   is undertaking training for a commercial pilot licence (CPL) under the sponsorship of a foreign aircraft operator; and

(e)   takes a flight test for a CPL.

4          Exemption

The foreign cadet pilot is exempt from the requirement of paragraph 61.235 (2) (c) of CASR 1998 to the extent that it requires the pilot to hold a current class 1 medical certificate to be eligible to take a flight test for a CPL.

5          Conditions

The exemption is subject to the conditions mentioned in Schedule 1.

Schedule 1          Conditions

1     The foreign cadet pilot must:

(a)   hold a class 2 medical certificate; and

(b)   hold, or have held, a class 1 medical assessment (however described or administered) issued by the NAA of the pilot’s country of residence.

2     The flight test for a CPL must be a flight test organised by the operator as part of the foreign cadet pilot’s registration with the operator.

3 Following successful completion of the flight test for a CPL, the foreign cadet pilot must not fly an Australian aircraft in any operation unless the pilot holds all relevant permissions, approvals, ratings, endorsements and medical certificates in accordance with Part 61 of CASR 1998.

Note   For paragraph 1 (b), the requirement to hold a class 1 medical assessment is described in subsection 1.2.4 of Annex 1 of the Chicago Convention. NAAs may administer this requirement by issuing a class 1 medical certificate or, if a certificate is not issued, by requiring that the pilot pass a class 1 medical examination to show that the pilot meets the class 1 medical standard.