CASA EX214/15 Exemption — from the spinning FAE (Cth)

Instrument number CASA EX214/15

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.

[Signed Mark Skidmore AM]

Mark Skidmore AM
Director of Aviation Safety

21 December 2015

Exemption — from the spinning FAE

1          Duration

                 This instrument:

(a)   commences on the day of registration; and

Note   But see subsection 5 (1) for when the exemption takes effect for a person.

(b)   expires at the end of 31 March 2016, as if it had been repealed by another instrument.

Note   The exemption will not be renewed. By not later than 31 March 2016, each person to whom the exemption applies must have obtained a spinning FAE and CASA will grant a valid training endorsement, and FIR, as appropriate.

2          Definitions

        (1)     In this instrument:

                 CASR 1998 means the Civil Aviation Safety Regulations 1998.

                 FAE means flight activity endorsement.

                 FIR means flight instructor rating.

                 spinning flight activity endorsement or spinning FAE has the same meaning as in item 8 of Table 61.1145.

        (2)     In this instrument, unless the contrary intention appears:

(a)   words and phrases have the same meaning as in CASR 1998; and

(b)   a reference to a provision or table commencing with the numerals “61” is a reference to the provision or table of the same number in Part 61 of CASR 1998.

3          Application

                 This instrument applies to a person who, between 1 September 2014 and immediately before the date of registration of this instrument, has been granted a Grade 3 training endorsement (aeroplane), or a Grade 2 or Grade 1 training endorsement (aeroplane), on an FIR under regulation 61.165 without recourse to regulation 202.272 of CASR 1998, although the person does not hold a spinning FAE as required by item 3A in Table 61.1235.

4          Exemptions

        (1)     A person mentioned in section 3 is exempted from compliance with the requirements of the following provisions of CASR 1998:

(a)   subregulation 61.1175 (1) (authorisation to conduct aeroplane flight training only if a grade of training endorsement is held) — but only to the extent that:

             (i)  the exercise of the privileges of a Grade 3 training endorsement (aeroplane) mentioned in item 3A of Table 61.1235 requires the holding of a spinning FAE; and

            (ii)  the exercise of the privileges of a Grade 2 training endorsement (aeroplane) mentioned in item 2 of Table 61.1235 requires the holding of a Grade 3 training endorsement which requires the holding of a spinning FAE; and

           (iii)  the exercise of the privileges of a Grade 1 training endorsement (aeroplane) mentioned in item 1 of Table 61.1235 requires the holding of a Grade 2 training endorsement which requires the holding a Grade 3 training endorsement which itself requires the holding a spinning FAE;

(b)   paragraph 61.1185 (1) (b) (meeting the requirements for the grant of at least 1 training endorsement is a prerequisite for the FIR) — but only to the extent of meeting the requirement of holding a spinning FAE for the grant of a Grade 3 training endorsement (aeroplane);

(c)   subregulation 61.1245 (1) (authorisation to conduct flight training only if the training endorsement holder is authorised to exercise privileges of the prerequisite endorsement) — but only to the extent that:

             (i)  flight training under a Grade 3 training endorsement (aeroplane) requires authorisation to exercise the privileges of the spinning FAE; and

            (ii)  flight training under a Grade 2 training endorsement (aeroplane) requires authorisation to exercise the privileges a Grade 3 training endorsement (aeroplane) which requires authorisation to exercise the privileges of the spinning FAE; and

           (iii)  flight training under a Grade 1 training endorsement (aeroplane) requires authorisation to exercise the privileges of a Grade 2 training endorsement (aeroplane) which requires authorisation to exercise the privileges a Grade 3 training endorsement (aeroplane) which itself requires authorisation to exercise the privileges of the spinning FAE;

(d)   paragraph 61.1250 (1) (b) (holding a relevant endorsement is a prerequisite for holding a training endorsement) — but only to the extent that:

             (i)  the Grade 3 training endorsement (aeroplane) requires a person to hold a spinning FAE; and

            (ii)  the Grade 2 training endorsement (aeroplane) requires a person to hold a Grade 3 training endorsement (aeroplane) which requires the person to hold a spinning FAE; and

           (iii)  the Grade 1 training endorsement (aeroplane) requires a person to hold a Grade 2 training endorsement (aeroplane) which requires the person to hold a Grade 3 training endorsement (aeroplane) which requires the person to hold a spinning FAE.

        (2)     To avoid doubt, in each paragraph of this section, the words in italics are for guidance only and do not affect the meaning of the paragraph.

5          Conditions

        (1)     Each exemption provided for in section 4 is subject to the following conditions:

(a)   an exemption does not take effect for a person to whom it applies until the day after the person has notified CASA in writing that the person intends to use the exemption;

(b)   the notification mentioned in paragraph (a) must be by email to the following address: [email protected] must include the following:

             (i)  the person’s Aviation Reference Number;

            (ii)  the name of the organisation or organisations for which the person conducts flying training;

           (iii)  the person’s confirmation that, as of the date of the email, the person has informed the Chief Flying Instructor or the Head of Operations of the organisation or organisations that the person is using the exemption in respect of the requirement, under Part 61 of CASR 1998, that:

(A)  a Grade 3 training endorsement (aeroplane) requires a person to hold a spinning FAE; or

(B)   for a Grade 2 training endorsement (aeroplane), sub-subparagraph (A) is a prerequisite; or

(C)   for a Grade 1 training endorsement (aeroplane), sub-subparagraph (B) is a prerequisite.

        (2)     Each exemption provided for in section 4 in respect of the absence of a spinning FAE is subject to the following conditions:

(a)   a person to whom the exemption applies must not permit a pilot under flight instruction by the person to manipulate the controls during any of the following manoeuvres:

             (i)  a short field landing or short field take-off;

            (ii)  a maximum obstacle clearance take-off and climb;

           (iii)  a steep turn;

           (iv)  a stall, or an approach to a stall;

(b)   except during normal take-off and landing manoeuvres — a person to whom the exemption applies must immediately take control of the aeroplane if at any time:

             (i)  the speed of the aeroplane drops below 1.3Vs airspeed for the configuration at the time; or

            (ii)  the angle of attack approaches the stalling angle.