CASA EX219/15 - Exemption - Grade 3, 2 or 1 training endorsement (aeroplane) flight test (Cth)

Instrument number CASA EX219/15

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 M. Skidmore]

Mark Skidmore AM
Director of Aviation Safety

22 December 2015

Exemption — Grade 3, 2 or 1 training endorsement (aeroplane) flight test

1          Duration

                 This instrument:

(a)   commences on the day of registration; and

(b)   expires at the end of 31 March 2016.

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.

                 relevant person means a person mentioned in section 3.

                 spinning FAE exemption means CASA EX214/15.

                 spinning non-compliant person, for a relevant person, means that:

(a)   he or she had not obtained a spinning FAE, which was a prerequisite for the person’s Grade 3 training endorsement (aeroplane) as the person’s only training endorsement for an FIR; or

(b)   he or she had not obtained a spinning FAE, which was a prerequisite for the person’s Grade 3 training endorsement (aeroplane) although not the person’s only training endorsement for an FIR; or

(c)   he or she had not obtained a spinning FAE, which was a prerequisite for a Grade 3 training endorsement (aeroplane), which itself was a prerequisite for the person’s Grade 2 training endorsement (aeroplane); or

(d)   he or she had not obtained a spinning FAE, which was a prerequisite for a Grade 3 training endorsement (aeroplane), which was a prerequisite for a Grade 2 training endorsement (aeroplane), which was itself a prerequisite for the person’s Grade 1 training endorsement (aeroplane).

        (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 (a relevant person):

(a)   to whom the spinning FAE exemptionapplies; and

(b)   for whom the spinning FAE exemptionhas taken effect; and

(c)   who has previously passed the flight test for the FIR; and

(d)   who has previously passed the flight test or tests for a grade or grades of training endorsement (aeroplane) (the relevant flight test or tests) when he or she was a spinning non-compliant person; and

(e)   who, when the person has obtained the spinning FAE, desires CASA to endorse the person’s FIR with the person’s grade of training endorsement (aeroplane) without the person having again to pass the flight test or flight tests for the endorsement.

Note   The exemption only applies for a new FIR endorsed with a grade of training endorsement (aeroplane) granted by CASA.

4          Exemptions

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

(a)   subregulations 61.155 (1) and (2) (making an application for an FIR) — but only to the extent that the relevant person must make an application for the grant of an FIR because he or she is a spinning non-compliant person;

(b)   paragraph 61.165 (a) (application required for the grant of an FIR) — but only to the extent that a relevant person must make an application for the grant of an FIR because he or she is a spinning non-compliant person;

(c)   paragraph 61.165 (c) (the requirements mentioned in Part 61 must be met for the grant of an FIR) — but only to the extent of the requirement under paragraph 61.1185 (2) (c) for a relevant person to pass the flight test for the grant of an FIR because he or she is a spinning non-compliant person;

(d)   paragraph 61.170 (a) (application required for the grant of a grade of training endorsement (aeroplane)) — but only to the extent that a relevant person must make an application for the grant of a grade of training endorsement;

(e)   paragraph 61.170 (c) (the requirements mentioned in Part 61 must be met for the grant of a grade of training endorsement (aeroplane)) — but only to the extent of the requirement under paragraph 61.1250 (2) (c) that a relevant person must pass the flight test for the grant of a grade of training endorsement (aeroplane) because he or she is a spinning non-compliant person;

(f)    paragraph 61.1185 (2) (c) (passing the flight test mentioned in the Part 61 Manual of Standards for the FIR) — but only to the extent that a flight test is required under paragraph 61.1185 (2) (c) for CASA to grant an FIR to a relevant person because he or she is a spinning non-compliant person;

(g)   paragraph 61.1250 (2) (c) (passing the flight test mentioned in the Part 61 Manual of Standards for a grade of training endorsement (aeroplane))— but only to the extent that a flight test is required under paragraph 61.1250 (2) (c) for CASA to grant the grade of training endorsement (aeroplane).

        (2)     To avoid doubt, the words in italics in subsection (1) are for guidance only and do not affect the meaning of the subsection.

5          Conditions

                 The exemptions in subsection 4 (1) take effect for a relevant person only if, as soon as practicable after the commencement of this instrument, the person:

(a)   obtains the spinning FAE; and

(b)   provides CASA with the following information and documents by email to the following address, [email protected]:

             (i)  the person’s name and Aviation Reference Number;

            (ii)  details of when the flight test or tests for the person’s FIR and grade of training endorsement (aeroplane) was or were previously passed while the person was a spinning non-compliant person;

           (iii)  details of when the spinning FAE for the spinning FAE exemption was obtained; and

(c)   requests CASA, on the basis of this exemption instrument, and as appropriate:

             (i)  to grant a new FIR to the person, endorsed with the person’s FIR and grade of training endorsement (aeroplane), without the person having again to pass the flight test or tests for the FIR and grade of training endorsement (aeroplane); or

            (ii)  to endorse the person’s existing FIR (if valid) with the person’s grade of training endorsement (aeroplane), without the person having again to pass the flight test or tests for the grade of training endorsement (aeroplane); and

(d)   acknowledges that, if subparagraph (c) (i) applies, the person’s next instructor proficiency check must be carried out at the intervals as if the previous FIR were still in force.