CASA EX215/15 Exemption — from the PIRC (Cth)

Instrument number CASA EX215/15

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 PIRC

1          Duration

                 This instrument:

(a)   commences on the day of registration; and

Note   But see section 5 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(b)   expires at the end of 31 March 2016, as if it had been repealed by another instrument.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 passed the PIRC and CASA will grant a valid FIR as appropriate.

2          Definitions

        (1)     In this instrument:

                 CASR 1998 means the Civil Aviation Safety Regulations 1998.

                 FIR means flight instructor rating.

                 PIRC means the pilot instructor rating aeronautical knowledge examination within the meaning of section 11, and Appendix 2.4 in Schedule 4, of the Part 61 Manual of Standards.

        (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 an FIR under regulation 61.165 without recourse to regulation 202.272 of CASR 1998, although the person has not passed the PIRC as required by paragraph 61.1185 (2) (a).

4          Exemptions

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

(a)   subparagraph 61.235 (4) (a) (i) (concerning eligibility to take a flight test for a rating) — but only to the extent that eligibility to take the flight test for an FIR requires a person to have passed the PIRC;

(b)   regulation 61.240 (a flight test for a rating is not passed if the person was not eligible to take the test) — but only to the extent that a person is taken not to have passed a flight test solely because he or she is not eligible for the test by virtue of not having passed the PIRC;

(c)   subregulation 61.375 (7) (authorisation to conduct an activity only if the FIR rating is held) — but only to the extent that:

             (i)  to conduct an activity mentioned in item 7 of Table 61.375, a person must hold an FIR; and

            (ii)  the person is a person who would be eligible to hold the FIR but for not having passed the PIRC;

(d)   paragraph 61.1185 (2) (a) (passing the aeronautical knowledge examination is a prerequisite for the grant of an FIR) — but only to the extent that the person is required to pass the PIRC for the grant of an FIR;

(e)   paragraph 61.1250 (1) (a) (holding a FIR is a prerequisite for holding a training endorsement) — but only to the extent that an FIR is not held by virtue of the following:

             (i)  not having completed the PIRC; and

            (ii)  not having passed the flight test for the FIR by virtue of not being eligible solely because of not having passed the PIRC.

        (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

                 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 for passing the PIRC.