CASA EX77/16 Exemption — aeronautical experience for an NVIS rating or endorsement (Cth)

Instrument number CASA EX77/16

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

27 May 2016

Exemption — aeronautical experience for an NVIS rating or endorsement

1          Duration

                 This instrument:

(a)   commences on the day after registration; and

(b)   is repealed at the end of 31 August 2018.

2          Definitions

        (1)     Subject to subsection (2), in this instrument words and phrases have the same meaning as in Parts 61, 141 and 142 of CASR 1998 (unless the contrary intention appears).

        (2)     In this instrument:

                 20nighthoursPICrequirementmeanstherequirementinparagraph61.1035(2)(b) that an applicant for an NVIS endorsement mentioned in table 61.1025 must have at least 20 hours of flight time at night as pilot in command of a helicopter.

                 applicant means a person who applies under regulation 61.155 for the grant of an NVIS rating or an NVIS endorsement, as the case may be.

     approved flight simulator has the same meaning as in regulation 61.010.

                 approval holder means the holder of an approval under regulation 61.040 who, apart from the effect of this instrument, is authorised to:

(a)   conduct a flight test for the grant of an NVIS rating or endorsement; or

(b)   grant an NVIS rating or endorsement.

                 CASR 1998 means the Civil Aviation Safety Regulations 1998.

                 flight examiner, or examiner, means the holder of a flight examiner rating who, apart from the effect of this instrument, is authorised to:

(a)   conduct a flight test for the grant of an NVIS rating or endorsement; or

(b)   grant an NVIS rating or endorsement.

                 NVIS means night vision imaging system.

                 Part 141 or 142 approval holder means the holder of an approval under regulation 141.035 or 142.040 of CASR 1998 to conduct the training of an applicant for an NVIS rating or endorsement.

                 Part 141 or 142 flight trainer meansa person named in a Part 141 operator’s operations manual, or a Part 142 operator’s exposition, as responsible for an applicant’s flight training for a flight test for an NVIS rating or endorsement.

                 Part 141 or 142 HOO means the head of operations of a Part 141 operator or a Part 142 operator that is an applicant’s training provider for an NVIS rating or endorsement.

                 unaided means without the pilot using an NVIS or night vision goggles.

        (3)     In this instrument, a reference to a provision that includes the numerals 61, is a reference to the provision in Part 61 of CASR 1998.

3          Application

                 This instrument applies, according to its terms, to the following:

(a)   an applicant;

(b)   an examiner;

(c)   an approval holder;

(d)   a Part 141, or Part 142, operator;

(e)   a Part 141 or 142 HOO;

(f)    a Part 141 or 142 flight trainer;

(g)   a Part 141 or 142 approval holder.

4          Exemptions

        (1)     An examiner and an approval holder are each exempt from paragraph 61.165 (c) (to grant a rating to an applicant, the applicant must meet the requirements of Part 61 for the rating) — but only to the extent of the 20 night hours PIC requirement that would otherwise arise under paragraph 61.1020 (b) for the grant of an NVIS rating to an applicant (an applicant for an NVIS rating must meet the requirements for an NVIS endorsement).

        (2)     An examiner and an approval holder are each exempt from paragraph 61.170 (c) (to grant an endorsement to an applicant, the applicant must meet the requirements of Part 61 for the endorsement) — but only to the extent of the 20 night hours PIC requirement that would otherwise arise under paragraph 61.1035 (2) (b) for the grant of an NVIS endorsement to an applicant (an applicant for an NVIS endorsement must meet the aeronautical experience requirements for an NVIS endorsement mentioned in column 3 of table 61.1025).

        (3)     An applicant for an NVIS rating with an NVIS endorsement is exempt from subparagraph 61.235 (4) (a) (iii) (eligibility to take a flight test for a rating only if a Part 141 or 142 HOO, or a Part 141 or 142 responsible flight trainer, or a Part 141 or 142 approval holder certifies that aeronautical experience requirements for the rating are met) — but only to the extent of the 20 night hours PIC requirement that would otherwise arise under paragraph 61.1020 (b) for the grant of an NVIS rating to the applicant.

        (4)     An applicant for an NVIS rating or endorsement is exempt from regulation 61.240 (applicant taken not to have passed a flight test if not eligible for it under regulation 61.235) — but only to the extent of the 20 night hours PIC requirement that would otherwise arise under paragraph 61.1020 (b) or 61.1035 (2) (b) for the applicant’s eligibility for a flight test for the rating or endorsement.

        (5)     An applicant for an NVIS rating is exempt from paragraph 61.1020 (b) (an applicant for an NVIS rating must meet the requirements for an NVIS endorsement) — but only to the extent of the 20 night hours PIC requirement that would otherwise arise under paragraph 61.1020 (b) for the grant of the rating to the applicant.

        (6)     An applicant for an NVIS endorsement is exempt from paragraph 61.1035 (2) (b) (an applicant for an NVIS endorsement must meet the aeronautical experience requirements for an NVIS endorsement mentioned in column 3 of table 61.1025) — but only to the extent of the 20 night hours PIC requirement that would otherwise arise under paragraph 61.1035 (2) (b) for the grant of the endorsement to the applicant.

        (7)     AnapplicantforanNVISendorsementisexemptfromsubparagraph61.1035(4)(b)(ii)(the applicant must have completed at least half of the 20 night hours PIC requirement before starting the 5 hours dual flight using night vision goggles under paragraph 61.1035 (2) (d)).

        (8)     An examiner is exempt from subparagraph 61.1300 (4) (b) (iii) (an examiner would commit an offence if he or she conducts a flight test for a rating or endorsement without being satisfied, when the test begins, that the applicant has met the aeronautical experience requirements for the rating or endorsement) — but only to the extent that the absence of satisfaction exclusively concerns the 20 night hours PIC requirement that arises under paragraph 61.1020 (b) or 61.1035 (2) (b) for an applicant for an NVIS rating or endorsement.

        (9)     A Part 141 operator and a Part 142 operator, and their respective Part 141 and 142 HOOs, are each exempt from paragraphs 141.210 (1) (b) and 142.245 (1) (b), as applicable (an offence would be committed by the relevant operator and its HOO if a person were recommended for a flight test and the person was not eligible under regulation 61.235 to take the test) — but only to the extent that a recommended person’s (the applicant’s) lack of eligibility to undertake a flight test is caused exclusively by the absence of the 20 night hours PIC requirement that arises under subparagraph 61.235 (4) (a) (iii) and paragraphs 61.1020 (b) and 61.1035 (2) (b) for an applicant for an NVIS rating or endorsement.

      (10)     In this section, bracketed, non-bold, italic text is only to assist the reader and is not to be read as part of the section.

      (11)     Each exemption in this section is subject to the conditions mentioned in section 5.

5          Conditions

        (1)     Subject to subsection (2), it is a condition of each exemption mentioned in section 4 that the applicant must have completed at least 20 hours of unaided aeronautical experience at night as pilot of a helicopter (relevant experience).

        (2)     Not more than 11 hours of the 20 hours mentioned in subsection (1) may be completed in an approved flight simulator for the purpose of completing relevant experience.

        (3)     For the exemptions in subsections 4 (3) and 4 (4), the relevant Part 141 or 142 HOO, or Part 141 or 142 flight trainer, or Part 141 or 142 approval holder, must certify in writing that the applicant has completed at least 20 hours of unaided flight time at night as pilot of a helicopter, of which not more than 11 hours may be completed in an approved flight simulator.