CASA EX97/16 Exemption — CASR Part 61 aircraft flight reviews (Cth)

Instrument number CASA EX97/16

I, GRAEME MILLS CRAWFORD, Acting Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed G.M. Crawford]

Graeme M. Crawford
Acting Director of Aviation Safety

17 June 2016

Exemption — CASR Part 61 aircraft flight reviews

1          Duration

This instrument:

(a)   commences on 1 July 2016; and

(b)   is repealed at the end of 31 August 2018.

2          Definitions

(1)     In this instrument:

CASR 1998 means the Civil Aviation Safety Regulations 1998.

Part 61 means Part 61 of CASR 1998.

prescribed valid flight review for the rating, when mentioned for an item in the Table in Schedule 1, means the flight review prescribed in the provisions mentioned in the Table for the item.

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

3          Application

This instrument applies to a person (the holder) who holds 1 of the following pilot aircraft class or type ratings under Part 61 or Subdivision 202.CB.1.2 of CASR 1998:

(a)   a single-engine aeroplane class rating;

(b)   a multi-engine aeroplane class rating;

(c)   a single-engine aeroplane type rating;

(d)   a multi-engine aeroplane type rating;

(e)   a single-engine helicopter class rating;

(f)    a single-engine helicopter type rating;

(g)   a multi-engine helicopter type rating.

4          Exemption from certain flight review requirements

The holder mentioned in column 2 of an item in Table 1 in Schedule 1 (the holder) is exempt from the requirements of the provision mentioned in column 3 of the item, but only:

(a)   to the extent mentioned in column 4 of the item; and

(b)   subject to any condition mentioned in column 5 of the item; and

(c)   subject to the additional conditions and exclusions mentioned in section 5.

Note   See also Notes 1 and 2 at the end of Schedule 1.

5          Additional conditions and exclusions

Evidence of completion of applicable flight review

(1)     The pilot licence of the holder mentioned in column 2 of an item in Table 1 in Schedule 1 must include a record that the holder has completed the applicable flight review referred to in column 5 of the item.

MU-2 aircraft type rating

(2)     The exemptions under this instrument do not affect the flight review requirements for the holder of the MU-2 single pilot multi-engine aeroplane type rating, as set out in paragraph 6.1 (b) of the CASA instrument titled Conditions on authorisations — flight crew licences and aircraft endorsements (Edition 1) (as in force on 1 July 2016).

Note   Under the CASA instrument mentioned in subsection (2), the holder of the MU-2 single pilot multi-engine aeroplane type rating must not exercise the privileges of the rating as a pilot in command unless (among other things) he or she has, within the previous 12 months, satisfactorily completed a flight review or a proficiency check in a MU-2 aircraft.

Single-engine helicopter class rating

(3)     The exemptions under this instrument do not affect the flight review requirements for the holder of a single-engine helicopter class rating for use in the conduct of operations in an R22 or R44 helicopter, as set out in section 8 of the CASA instrument titled Conditions on authorisations — flight crew licences and aircraft endorsements (Edition 1) (as in force on 1 July 2016).

Note   Under the CASA instrument mentioned in subsection (3), the holder of a single-engine helicopter class rating must not conduct operations in an R22 or R44 helicopter unless (among other things) he or she has completed a flight review, in accordance with regulation 61.745, and the flight review was conducted in an R22 or R44 helicopter.

Schedule 1 — Provisions of CASR 1998 for section 4, and extent and conditions

Table 1

Item	The holder of a:	Provisions (subregulations):	Extent of exemption from the provisions — to the extent that the holder:	Condition — the holder must have a valid flight review under (regulation):
1	single-engine aeroplane class rating Note   See Note 3 below.	61.745 (1A), (2), (3), (3A), (3B) and (4)	must have a prescribed valid flight review for the rating	61.800 — for any aeroplane pilot type rating
2	multi-engine aeroplane class rating	61.745 (1A), (2), (3), (3A), (3B) and (4)	must have a prescribed valid flight review for the rating	61.800 — for any multi-engine aeroplane pilot type rating
3	single-engine aeroplane pilot type rating Note   See Note 3 below.	61.800 (2), (3), (4), (5) and (6)	must have a prescribed valid flight review for the rating	61.800 — for any aeroplane pilot type rating; or 61.745 — for any aeroplane class rating
4	multi-engine aeroplane pilot type rating	61.800 (2), (3), (4), (5) and (6)	must have a prescribed valid flight review for the rating	61.800 — for any multi-engine aeroplane pilot type rating; or 61.745 — for the multi-engine aeroplane class rating
5	single-engine helicopter class rating	61.745 (1A), (2), (3), (3A), (3B) and (4)	must have a prescribed valid flight review for the rating	61.800 — for any helicopter type rating
6	single-engine helicopter pilot type rating	61.800 (2), (3), (4), (5) and (6)	must have a prescribed valid flight review for the rating	61.800 — for any helicopter pilot type rating; or 61.745 — for the single-engine helicopter class rating
7	multi-engine helicopter pilot type rating	61.800 (2), (3), (4), (5) and (6)	must have a prescribed valid flight review for the rating	61.800 — for any multi-engine helicopter pilot type rating

Note 1   Under regulation 202.267 of CASR 1998, a holder, who at a particular time before 1 September 2014 would have met the flight review requirements for a continued authorisation before Part 61 was made, is taken to meet the flight review requirements for the continued authorisation. When the period of duration of that flight review expires, the holder is subject to applicable requirements under Part 61 to complete a valid flight review. However, those requirements would then be subject to the terms of the exemption, if it relevantly applied.

Note 2   Under regulation 202.276 of CASR 1998, when at a particular time the holder of a continued authorisation is granted the equivalent new authorisation under regulation 202.272 of CASR 1998, and the new authorisation has flight review requirements that the holder would have met for the equivalent continued authorisation if it were still in force, the holder is taken to meet the flight review requirements for the continued authorisation at that time. When the period of duration of that flight review expires, the holder is subject to applicable requirements under Part 61 to complete a valid flight review. However, those requirements would then be subject to the terms of the exemption, if it relevantly applied.

Note 3   Under subregulation 61.375 (3), a licence holder is authorised to exercise the privileges of the licence in a single-engine aeroplane if the holder is authorised to exercise the privileges of the multi-engine aeroplane class rating. Thus, if the licence holder has a valid flight review for multi-engine aeroplanes, he or she is authorised to operate single-engine aeroplanes without requiring a valid single-engine aeroplane class rating flight review.