CASA EX28/23 — Class 1 Medical Certificate (Certain Flights by Holders of a Commercial Pilot Licence or Air Transport Pilot Licence) Exemption 2023 (Cth)

Instrument number CASA EX28/23

I, DANIEL BERNARD O’HAGAN, Manager, Legislative Drafting, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed D. O’Hagan]

Danny O’Hagan
Manager, Legislative Drafting

27 February 2023

CASA EX28/23 — Class 1 Medical Certificate (Certain Flights by Holders of a Commercial Pilot Licence or Air Transport Pilot Licence) Exemption 2023

1          Name

                 This instrument is CASA EX28/23 — Class 1 Medical Certificate (Certain Flights by Holders of a Commercial Pilot Licence or Air Transport Pilot Licence) Exemption 2023.

2          Duration

                 This instrument:

(a)   commences on 1 March 2023; and

(b)   is repealed at the end of 28 February 2026.

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: class, current, flight, maximum take-off weight, medical certificate and passenger.

                 In this instrument:

air transport pilot licencehas the same meaning as in Subpart 61.K of CASR.

commercial pilot licencehas the same meaning as in Subpart 61.I of CASR.

exempted activitymeans a flight that:

(a)   is not conducted, wholly or in part, in a foreign country; and

(b)   is in an aircraft with a maximum take-off weight of less than 8 618 kg; and

(c)   does not carry a passenger.

4          Exemption

        (1)     A person who holds a commercial pilot licence or an air transport pilot licence is exempt from compliance with subregulation 61.065(1) of CASR to the extent that the subregulation requires that the person also hold a class 1 medical certificate to be authorised under Part 61 of CASR to conduct an exempted activity.

Note   Subregulation 61.415(1) of CASR imposes a limitation on the exercise of the privileges of a commercial pilot licence or an air transport pilot licence that a person must hold a class 1 medical certificate, or a medical exemption. The privileges of the licences relevantly include the conduct of an exempted activity.

        (2)     The exemption is subject to the condition that the person must hold a current class 2 medical certificate.