Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013 (Cth)
Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013
Select Legislative Instrument No. 274, 2013
I, Quentin Bryce AC CVO, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Civil Aviation Act 1988.
Dated 12 December 2013
Quentin Bryce
Governor‑General
By Her Excellency’s Command
Warren Truss
Minister for Infrastructure and Regional Development
Contents
1............ Name of regulation............................................................................. 1
2............ Commencement.................................................................................. 1
3............ Authority............................................................................................ 1
4............ Schedule(s)......................................................................................... 1
Schedule 1—Amendments commencing 1 September 2014 2
Part 1—Main amendments 2
Civil Aviation Regulations 1988 2
Civil Aviation Safety Regulations 1998 4
Part 2—Amendments of references to NAA 112
Civil Aviation Regulations 1988 112
Civil Aviation Safety Regulations 1998 112
Schedule 2—Amendments commencing day after registration 115
Civil Aviation Legislation Amendment Regulation 2013 (No. 1) 115
1Name of regulation
This regulation is the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013.
2Commencement
Each provision of this regulation specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
| Column 1 | Column 2 | Column 3 |
| Provision(s) | Commencement | Date/Details |
| 1. Sections 1 to 4 and anything in this regulation not elsewhere covered by this table | The day after this regulation is registered. | |
| 2. Schedule 1 | 1 September 2014. | 1 September 2014 |
| 3. Schedule 2 | The day after this regulation is registered. | |
3Authority
This regulation is made under the Civil Aviation Act 1988.
4Schedule(s)
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments commencing 1 September 2014
Part 1—Main amendments
Civil Aviation Regulations 1988
1 Subregulation 2(1) (definition of passenger)
Repeal the definition.
2 Subregulation 2(1) (definition of relevant NAA)
Repeal the definition.
3 Subregulation 2(1) (after paragraph (e) of the definition of sport aviation body)
Insert:
(ea) the Australian Sports Rotorcraft Association Inc; or
4 Subregulation 2(1) (definition of student pilot)
Repeal the definition.
5 Subregulation 2(12)
Repeal the subregulation.
6 Paragraph 42G(5)(b)
Omit “(not being a student pilot licence)”.
7 Paragraph 42ZC(4)(d)
Omit “(not being a student pilot licence)”.
8 Part 5 (table of contents)
Omit “Note This Part is made up as follows:”, substitute “Table of contents”.
9 Subregulation 210A(5) (definition of tour of duty)
Repeal the definition.
10 Subregulation 228(1)
Repeal the subregulation, substitute:
(1) A person commits an offence if:
(a) the person manipulates the controls of a registered aircraft during flight; and
(b) the person is not:
(i) if the aircraft is a balloon—authorised under Part 5 to fly the balloon or perform an activity essential to the balloon’s operation during flight time; or
(ii) for an aircraft other than a balloon—authorised under Part 61 of CASR to pilot the aircraft.
Penalty: 50 penalty units.
11 Paragraph 228A(a)
After “or 64”, insert “of CASR”.
12 Paragraph 249(1)(a)
Repeal the paragraph, substitute:
(a) flying training given to a student pilot;
13 Subregulation 297A(1) (table 297A, item 15)
Omit “flight”, substitute “balloon flight”.
14 Subregulation 297A(1) (table 297A, item 16)
Repeal the item, substitute:
| 16 | under regulation 5.20 revoking a person’s approval to give balloon flying training for the issue of a balloon flight crew rating |
15 Subregulation 297A(1) (table 297A, item 17)
Repeal the item.
16 Subregulation 297A(1) (table 297A, item 18)
Omit “an aircraft”, substitute “a balloon class”.
17 Subregulation 297A(1) (table 297A, items 19 to 21)
Repeal the items.
18 Subregulation 297A(1) (table 297A, item 22)
After “chief”, insert “balloon”.
19 Subregulation 297A(1) (table 297A, item 23)
Repeal the item.
20 Regulation 310
Repeal the regulation.
21 Division 3 of Part 20 (heading)
Repeal the heading, substitute:
Division 3—Transitional provisions—amendments made by the Civil Aviation Legislation Amendment Regulation 2013 (No. 1) (substitution of Part 5)
Civil Aviation Safety Regulations 1998
22 Part 11 (table of contents)
After the entry for regulation 11.025, insert:
11.028 Application of Part 11 to examiners, instructors and approval holders
23 Part 11 (table of contents)
Omit the entry for Subpart 11.D, substitute:
Subpart 11.D—Applications for variation, suspension and cancellation of authorisations
24 Part 11 (table of contents)
Omit the entry for regulation 11.120, substitute:
11.120 What Subpart 11.D is about
25 Part 11 (table of contents)
Omit the entry for regulation 11.130, substitute:
11.130 Suspension or cancellation of authorisation
26 Paragraph 11.056(1)(ac)
Omit “and persons”, substitute “or persons”.
27 Subpart 11.D (heading)
Repeal the heading, substitute:
Subpart 11.D—Applications for variation, suspension and cancellation of authorisations
28 Regulation 11.120
Repeal the regulation, substitute:
11.120 What Subpart 11.D is about
This Subpart provides for applications that may be made by the holder of an authorisation for:
(a) the variation of the authorisation, including imposing, removing or varying a condition of the authorisation; or
(b) the suspension or cancellation of the authorisation.
Note: See Part 13 in regard to suspension, variation or cancellation of an authorisation for other reasons.
29 Regulation 11.130 (heading)
Repeal the heading, substitute:
11.130 Suspension or cancellation of authorisation
30 Subregulation 11.130(1)
Repeal the subregulation, substitute:
(1) The holder of an authorisation may apply to CASA, in writing, for the authorisation to be suspended or cancelled.
(1A) CASA must, by written notice to the holder, suspend or cancel the authorisation.
31 Paragraphs 11.130(2)(a) and (3)(a)
After “specifies”, insert “in the application”.
32 Regulation 13.375 (table 13.375, after item 12)
Insert:
| 12A | an approval granted under regulation 141.035 or 142.040 | Flying training authorisation |
| 12B | a certificate issued under regulation 141.060 or 142.110 | Flying training authorisation |
33 Part 60 (table of contents)
Omit the entries for regulations 60.055 and 60.060, substitute:
60.055 Flight simulator and flight training device approvals—persons other than Part 141 operators and Part 142 operators
60.060 Quality system—operators other than Part 141 operators and Part 142 operators
34 Part 61 (table of contents)
After the entry for regulation 61.005, insert:
61.007 Application of Part 61
35 Part 61 (table of contents)
Omit the entry for regulation 61.030.
36 Part 61 (table of contents)
After the entry for regulation 61.060, insert:
61.061 Prescription of type‑rated aircraft—flight review requirements for class ratings
61.062 Prescription of types of aircraft for additional limitations on class ratings
61.063 Prescription of types of single engine helicopters for flight reviews
37 Part 61 (table of contents)
Omit the entry for regulation 61.115, substitute:
Subdivision 61.A.3.1—Student pilots
61.112 Flying as a student pilot
61.113 General requirements for student pilots
61.114 Solo flights—medical requirements for student pilots
61.115 Solo flights—recent experience requirements for student pilots
61.116 Student pilots authorised to taxi aircraft
61.117 Identity checks—student pilots
61.118 Production of medical certificates etc. and identification—student pilots
Subdivision 61.A.3.2—Other circumstances in which flight crew duties may be performed without licence, rating or endorsement
61.119 Flying without licence—flight engineer duties
38 Part 61 (table of contents)
Omit the entry for regulation 61.265, substitute:
61.265 Recreational pilot licences—general English language proficiency
39 Part 61 (table of contents)
After the entry for regulation 61.335, insert:
61.336 Provision of photograph
40 Part 61 (table of contents)
Omit the entry for regulation 61.370.
41 Part 61 (table of contents)
Omit the entry for regulation 61.395, substitute:
61.395 Limitations on exercise of privileges of pilot licences—recent experience for certain passenger flight activities
42 Part 61 (table of contents)
Omit the entry for regulation 61.405, substitute:
61.405 Limitations on exercise of privileges of pilot licences—medical requirements—recreational pilot licence holders
43 Part 61 (table of contents)
Omit all the entries from and including the entry for Subpart 61.F to and including the entry for regulation 61.455.
44 Part 61 (table of contents)
Omit the entry for regulation 61.690.
45 Part 61 (table of contents)
After the entry for regulation 61.745, insert:
61.747 Limitations on exercise of privileges of class ratings in certain aircraft—flight review
46 Part 61 (table of contents)
Omit the entry for regulation 61.795, substitute:
61.795 Limitations on exercise of privileges of pilot type ratings—recent experience on aircraft models
47 Part 61 (table of contents)
Omit the entry for regulation 61.805, substitute:
61.805 Limitations on exercise of privileges of pilot type ratings—instrument proficiency check
48 Part 61 (table of contents)
Omit the entry for regulation 61.815, substitute:
61.815 Person taken to meet requirements for grant of pilot type rating—multi‑crew pilot licence holder
49 Part 61 (table of contents)
After the entry for regulation 61.1170, insert:
61.1172 Limitations on exercise of privileges of flight instructor rating—rating granted on basis of regulation 202.272
50 Part 61 (table of contents)
After the entry for regulation 61.1195, insert:
61.1197 Limitations on exercise of privileges of simulator instructor rating—rating granted on basis of regulation 202.272
51 Part 61 (table of contents)
Omit the entry for regulation 61.1225, substitute:
61.1225 Obligations of pilot instructors—student pilots
61.1227 Obligations of pilot instructors—approval to operate aircraft radio
52 Part 61 (table of contents)
After the entry for regulation 61.1250, insert:
61.1252 Removal of grade 2 training endorsement (helicopter) condition about conduct of basic instrument flight training
53 Part 61 (table of contents)
Omit the entry for regulation 61.1260.
54 Part 61 (table of contents)
After the entry for regulation 61.1315, insert:
61.1318 Limitations on exercise of privileges of flight examiner endorsements—flight tests in aircraft
55 Part 61 (table of contents)
Omit the entry for regulation 61.1375, substitute:
61.1375 Limitations on exercise of privileges of flight engineer type ratings—recent experience on aircraft models
56 Part 61 (table of contents)
After the entry for regulation 61.1400, insert:
61.1402 Limitations on exercise of privileges of flight engineer instructor rating—rating granted on basis of regulation 202.272
57 Part 61 (table of contents)
After the entry for regulation 61.1425, insert:
61.1427 Obligations of flight engineer instructors—approval to operate aircraft radio
58 Part 61 (table of contents)
Omit the entry for regulation 61.1450.
59 Subregulation 61.005(7)
Omit “Subparts 61.F”, substitute “Subparts 61.G”.
60 After regulation 61.005
Insert:
61.007 Application of Part 61
(1) This Part applies to flight in a registered aircraft of any of the following categories:
(a) aeroplane;
(b) helicopter;
(c) powered‑lift aircraft;
(d) gyroplane;
(e) airship.
(2) The Part applies also to flight in a registered glider.
61 Regulation 61.010 (paragraph (b) of the definition of approved flight simulation training device)
After “60.055”, insert “or 61.040”.
62 Regulation 61.010 (subparagraph (c)(ii) of the definition of approved flight simulation training device)
Repeal the subparagraph, substitute:
(ii) approved for the purpose by the national aviation authority.
63 Regulation 61.010 (subparagraph (c)(ii) of the definition of approved flight simulator)
Repeal the subparagraph, substitute:
(ii) approved for the purpose by the national aviation authority.
64 Regulation 61.010
Insert:
azimuth guidance operation means an instrument approach operation using azimuth bearings for lateral navigation guidance.
65 Regulation 61.010 (definition of azimuth guidance procedure)
Repeal the definition.
66 Regulation 61.010 (definition of circling approach)
Repeal the definition, substitute:
circling approach means an extension of an instrument approach operation that includes a visual circling manoeuvre to position an aircraft for a landing.
67 Regulation 61.010
Insert:
course deviation indicator operation means an instrument approach operation using a course deviation indicator for lateral navigation guidance.
68 Regulation 61.010 (definition of course deviation indicator procedure)
Repeal the definition.
69 Regulation 61.010 (paragraphs (a) and (b) of the definition of current)
Repeal the paragraphs, substitute:
(a) for an aviation English language proficiency assessment—see regulation 61.260; and
(b) for a recreational aviation medical practitioner’s certificate held by:
(i) a student pilot—see subregulation 61.114(6); and
(ii) a recreational pilot licence holder—see subregulation 61.405(3); and
70 Regulation 61.010 (definition of dual flight check)
Repeal the definition, substitute:
dual flight check means an in‑flight assessment by a flight instructor of the competency of a student pilot to conduct a solo training flight.
71 Regulation 61.010
Insert:
initial flight training means dual flight conducted for training in the units of competency mentioned in the Part 61 Manual of Standards for the grant of a recreational pilot licence.
72 Regulation 61.010 (definition of instrument approach)
Repeal the definition.
73 Regulation 61.010 (definition of medical exemption)
Repeal the definition, substitute:
medical exemption means:
(a) for the conduct of a solo flight by a student pilot—an approval under regulation 61.040 to conduct the solo flight without holding a current medical certificate or recreational aviation medical practitioner’s certificate; and
(b) for the exercise of the privileges of a flight crew licence or rating—an approval under regulation 61.040 to exercise the privileges of the licence or rating without holding a current medical certificate or recreational aviation medical practitioner’s certificate.
74 Regulation 61.010 (definition of modified Austroads medical standards)
Repeal the definition.
75 Regulation 61.010 (paragraphs (e) and (f) of the definition of pilot licence)
Repeal the paragraphs, substitute:
(e) a recreational pilot licence.
76 Regulation 61.010
Insert:
recreational aircraft means a single‑engine aircraft that:
(a) is certificated for single‑pilot operation; and
(b) has a maximum certificated take‑off weight of less than 1 500 kg; and
(c) is not rocket‑powered or turbine‑powered.
77 Regulation 61.030
Repeal the regulation.
78 Paragraph 61.035(2)(j)
Repeal the paragraph.
79 After regulation 61.060
Insert:
61.061 Prescription of type‑rated aircraft—flight review requirements for class ratings
For paragraph 98(5A)(a) of the Act, CASA may, by instrument, prescribe types of aircraft in which the conduct of a flight review or instrument proficiency check for a pilot type rating meets the flight review requirements for a class rating.
61.062 Prescription of types of aircraft for additional limitations on class ratings
For paragraph 98(5A)(a) of the Act, CASA may, by instrument, prescribe types of aircraft in which the privileges of a class rating may not be exercised unless the holder of the rating has completed flight training and a flight review in an aircraft of the type.
61.063 Prescription of types of single engine helicopters for flight reviews
For paragraph 98(5A)(a) of the Act, CASA may, by instrument, prescribe types of single‑engine helicopters that may be used to conduct flight reviews for other types of single‑engine helicopters.
80 Paragraph 61.095(1)(a)
Omit “, other than a student pilot licence”.
81 Paragraph 61.095(3)(b)
Omit “or taking a flight test”.
82 Paragraph 61.105(1)(d)
Omit “dual”.
83 Paragraph 61.110(b)
Omit “ground time; and”, substitute “ground time.”.
84 Paragraphs 61.110(c) and (d)
Repeal the paragraphs.
85 Regulation 61.115
Repeal the regulation, substitute:
Subdivision 61.A.3.1—Student pilots
61.112 Flying as a student pilot
(1) Subject to regulations 61.113 to 61.115, a person who does not hold a pilot licence is authorised to pilot an aircraft if:
(a) the pilot in command of the aircraft is a flight instructor and the flight is for the purpose of the person receiving flight training; or
(b) the flight is for a flight test for a pilot licence, or a rating or endorsement on a pilot licence, for the person; or
(c) the flight is:
(i) approved by, and conducted under the supervision of, a flight instructor authorised by a Part 141 or 142 operator to conduct the supervision; and
(ii) conducted under the VFR; and
(iii) conducted in accordance with the flight instructor’s approval.
(2) Subject to regulations 61.113 to 61.115, the holder of a recreational pilot licence is authorised to pilot a recreational aircraft under the VFR at night, or a non‑recreational aircraft, if:
(a) the pilot in command of the aircraft is a flight instructor and the flight is for the purpose of receiving flight training; or
(b) the flight is for a flight test for another pilot licence or a rating or endorsement on a pilot licence; or
(c) the flight is:
(i) approved by, and conducted under the supervision of, a flight instructor authorised by a Part 141 or 142 operator to conduct the supervision; and
(ii) conducted under the VFR; and
(iii) conducted in accordance with the flight instructor’s approval.
(3) For subparagraphs (1)(c)(i) and (2)(c)(i), a flight is conducted under the supervision of a flight instructor if the instructor:
(a) provides guidance to the person in relation to the flight; and
(b) during the flight:
(i) is on board the aircraft; or
(ii) is at the aerodrome from which the flight began; or
(iii) is flying within 15 nautical miles of the aerodrome reference point for the aerodrome from which the flight began; and
(c) can be contacted during the flight by radio or other electronic means.
(4) For regulations 61.405 to 61.415 (which are about medical requirements), piloting an aircraft in accordance with subregulation (3) does not constitute the exercise of the privileges of a pilot licence.
Note: A person authorised to pilot an aircraft by this regulation is a student pilot: see Part 1 of the Dictionary.
61.113 General requirements for student pilots
(1) A student pilot is authorised to conduct a solo flight in an aircraft only if the student pilot:
(a) has an ARN; and
(b) is at least 15.
(2) A student pilot is not authorised to pilot an aircraft carrying passengers.
(3) A student pilot is authorised to pilot an aircraft on a solo flight in another Contracting State’s airspace only if the student pilot has the permission (however described) of the Contracting State.
(4) A student pilot is not authorised to pilot an aircraft other than a registered aircraft.
61.114 Solo flights—medical requirements for student pilots
(1) Subregulation (2) applies to:
(a) the conduct of a solo flight in an aircraft other than a recreational aircraft; or
(b) the conduct of a solo flight in a recreational aircraft under the VFR at night.
(2) A student pilot is authorised to conduct the flight only if:
(a) the student pilot:
(i) holds a class 1 or 2 medical certificate; and
(ii) carries the medical certificate on the flight; or
(b) the student pilot:
(i) holds a medical exemption for the flight; and
(ii) carries a copy of the exemption on the flight.
(3) Subregulation (4) applies to the conduct of a solo flight in a recreational aircraft by day, other than by the holder of a recreational pilot licence.
(4) A student pilot is authorised to conduct the flight only if:
(a) the student pilot:
(i) holds a class 1 or 2 medical certificate; and
(ii) carries the medical certificate on the flight; or
(b) the student pilot:
(i) holds a current recreational aviation medical practitioner’s certificate; and
(ii) meets the requirements mentioned in subregulation (5); or
(c) the student pilot:
(i) holds a medical exemption for the flight; and
(ii) carries a copy of the exemption on the flight.
(5) For subparagraph (4)(b)(ii), the requirements are as follows:
(a) the student pilot must have:
(i) given CASA a copy of his or her recreational aviation medical practitioner’s certificate; and
(ii) received from CASA a written acknowledgement of the receipt of the copy;
(b) the student pilot must carry both of the following on the flight:
(i) a copy of the certificate;
(ii) a copy of the acknowledgement mentioned in subparagraph (a)(ii);
(c) the student pilot must comply with any limitations or conditions stated on the certificate;
(d) the student pilot must meet the modified Austroads medical standards.
Note: For when a person meets the modified Austroads medical standards, see regulation 67.262.
(6) In this regulation:
current: a recreational aviation medical practitioner’s certificate for a student pilot is current for the shortest of the following periods:
(a) the period beginning on the day the certificate is signed by the medical practitioner and ending 24 months after that day;
(b) if, when the student pilot conducts a solo flight the student pilot is at least 65—the period beginning on the day the certificate is signed by the medical practitioner and ending 12 months after that day;
(c) if the certificate states the period for which it applies—the period beginning on the day the certificate is signed by the medical practitioner and ending at the end of the stated period.
61.115 Solo flights—recent experience requirements for student pilots
(1) A student pilot is authorised to conduct a solo flight in an aircraft only if:
(a) the student pilot has, within the previous 14 days and in the same type of aircraft, conducted a dual flight; and
(b) as a result of the flight, his or her solo flight time since last conducting a dual flight would not exceed 3 hours.
(2) However, paragraph (1)(b) does not apply to the student pilot if the student pilot is enrolled in an integrated training course.
61.116 Student pilots authorised to taxi aircraft
A student pilot is authorised to taxi an aircraft if the student pilot is approved to taxi the aircraft by a flight instructor.
Note: See regulation 229 of CAR for an offence relating to taxiing aircraft without being authorised to do so.
61.117 Identity checks—student pilots
(1) CASA may, by written notice given to a student pilot, require the student pilot to provide evidence of his or her identity in accordance with paragraph 6.57(1)(a) of the Aviation Transport Security Regulations 2005.
(2) The student pilot commits an offence if:
(a) CASA has not told the student pilot, in writing, that he or she has complied with the requirement; and
(b) the student pilots an aircraft.
Penalty: 50 penalty units.
(3) An offence against this regulation is an offence of strict liability.
61.118 Production of medical certificates etc. and identification—student pilots
(1) CASA may direct a student pilot to produce any or all of the following documents for inspection by CASA:
(a) unless the student pilot holds a medical exemption to conduct a solo flight—the student pilot’s medical certificate or recreational aviation medical practitioner’s certificate;
(b) a document that includes a photograph of the student pilot showing the student’s full face and his or her head and shoulders:
(i) that was issued within the previous 10 years by the government, or a government authority, of:
(A) the Commonwealth or a State or Territory; or
(B) a foreign country, or a state or province (however described) of a foreign country; and
(ii) that has not expired or been cancelled.
(2) The student pilot commits an offence if:
(a) CASA directs the student pilot to produce a document under subregulation (1); and
(b) the student pilot does not produce the document before the earlier of the following:
(i) when the student pilot next conducts a solo flight;
(ii) within 7 days after the direction is given.
Penalty: 50 penalty units.
(3) An offence against this regulation is an offence of strict liability.
Subdivision 61.A.3.2—Other circumstances in which flight crew duties may be performed without licence, rating or endorsement
61.119 Flying without licence—flight engineer duties
A person who does not hold a flight engineer licence is authorised to perform the duties of a flight engineer in a registered aircraft while:
(a) receiving flight training from a flight engineer instructor; or
(b) taking a flight test for a flight engineer licence or a flight crew rating or endorsement on a flight engineer licence.
86 Paragraph 61.120(a)
After “licence”, insert “or flight radio endorsement”.
87 Paragraph 61.120(b)
Omit “and supervised”.
88 Paragraphs 61.155(2)(b) and (c)
Repeal the paragraphs, substitute:
(b) if the application is for a pilot licence—include an application for an aircraft category rating.
89 After subregulation 61.155(2)
Insert:
(2A) Subregulation (2B) applies if the application is for a flight crew licence and the applicant has not:
(a) applied to CASA for another flight crew licence in the previous 10 years and submitted with the application a photograph of the applicant; or
(b) given to CASA, within the previous 10 years, a photograph of the applicant in response to a direction or request in writing by CASA to the applicant.
(2B) The applicant must also submit to CASA a recent photograph of the applicant, showing the applicant’s full face and his or her head and shoulders.
90 Subparagraphs 61.160(b)(ii) and (iii)
Omit “or student”.
91 Regulations 61.165 and 61.170
Omit “approval holder,”, substitute “an approval holder within the meaning of regulation 61.150,”.
92 Subregulation 61.210(1)
After “Part for”, insert “a student pilot or”.
93 Paragraphs 61.210(1)(a) and (b)
Before “applicant”, insert “student or”.
94 Subregulation 61.215(2)
Repeal the subregulation, substitute:
(2) A Part 141 or 142 operator may set aeronautical knowledge examinations for the grant of:
(a) a recreational pilot licence; or
(b) a flight crew rating other than an instrument rating; or
(c) a flight crew endorsement.
95 Subregulation 61.235(1)
After “61.275 (1)”, insert “(Overseas flight crew authorisations—recognition)”.
96 Subregulation 61.235(2)
After “only if”, insert “the applicant”.
97 Paragraph 61.235(2)(a)
Repeal the paragraph, substitute:
(a) meets the following requirements:
(i) is at least the minimum age to hold the licence;
(ii) has passed the aeronautical knowledge examination for the licence;
(iii) has met the flight training requirements for the grant of the licence;
(iv) has met the aeronautical experience requirements for the grant of the licence;
(v) for a flight crew licence other than a recreational pilot licence—has a current aviation English language proficiency assessment;
(vi) for a recreational pilot licence—meets the general English language proficiency requirements mentioned in regulation 61.265; and
(aa) for a flight crew licence other than an air transport pilot licence—a person mentioned in subregulation (5) has certified in writing that the applicant has met the requirements mentioned in paragraph (a); and
98 Subparagraph 61.235(2)(c)(i)
Omit “grant”, substitute “exercise of the privileges”.
99 Subparagraph 61.235(4)(a)(i)
Repeal the subparagraph, substitute:
(i) if the application is for an operational rating—has passed the aeronautical knowledge examination for the rating; and
100 Subregulation 61.235(5)
Omit “paragraphs (2) (a) and (4) (a)”, substitute “paragraphs (2)(aa) and (4)(a)”.
101 At the end of subparagraph 61.245(1)(b)(ii)
Add “that is appropriate for the flight test”.
102 Paragraph 61.245(3)(b)
Repeal the paragraph, substitute:
(b) for a flight test for a flight crew licence other than a recreational or private pilot licence—is not the person who provided the certification under paragraph 61.235(2)(aa) (Flight tests for flight crew licences and ratings—prerequisites) for the applicant.
103 Regulation 61.265 (heading)
Repeal the heading, substitute:
61.265 Recreational pilot licences—general English language proficiency
104 Subregulation 61.265(1)
Omit “or student”.
105 Regulation 61.285
After “flight crew licence, rating or endorsement”, insert “, other than an examiner rating,”.
106 Paragraph 61.285(b)
Repeal the paragraph, substitute:
(b) for a flight crew licence:
(i) is at least the minimum age for the grant of the licence; and
(ii) has a current aviation English language proficiency assessment; and
107 Paragraphs 61.285(d) and (e)
Repeal the paragraphs.
108 Regulation 61.300
Repeal the regulation, substitute:
61.300 Limitations on exercise of privileges of certificates of validation—medical certificate
(1) The holder of a certificate of validation of an overseas flight crew licence is authorised to conduct an activity mentioned in regulation 61.295 only if the holder also holds an overseas medical certificate mentioned in subregulation (2).
(2) For subregulation (1), the medical certificate must be of at least the class required for the exercise of the privileges of the overseas flight crew licence by the Contracting State whose national aviation authority granted the licence to the holder.
109 After regulation 61.335
Insert:
61.336 Provision of photograph
(1) CASA may, by written notice given to the holder of a flight crew licence or certificate of validation, require the holder to give CASA, within 30 days of receiving the notice, a photograph of the holder:
(a) showing the holder’s full face and his or her head and shoulders; and
(b) taken not earlier than 6 months before the date of the notice.
(2) The holder commits an offence if the holder:
(a) has not complied with the requirement; and
(b) exercises the privileges of the licence or certificate of validation.
Penalty: 50 penalty units.
(3) An offence against this regulation is an offence of strict liability.
110 Paragraph 61.340(1)(c)
Repeal the paragraph, substitute:
(c) a document that includes a photograph of the holder showing the holder’s full face and his or her head and shoulders:
(i) that was issued within the previous 10 years by the government, or a government authority, of:
(A) the Commonwealth or a State or Territory; or
(B) a foreign country, or a state or province (however described) of a foreign country; and
(ii) that has not expired or been cancelled.
111 Paragraph 61.340(2)(d)
Repeal the paragraph, substitute:
(d) a document that includes a photograph of the holder showing the holder’s full face and his or her head and shoulders:
(i) that was issued within the previous 10 years by the government, or a government authority, of:
(A) the Commonwealth or a State or Territory; or
(B) a foreign country, or a state or province (however described) of a foreign country; and
(ii) that has not expired or been cancelled.
112 Paragraph 61.345(3)(k)
Omit “an instrument approach was conducted”, substitute “the person conducted an instrument approach operation”.
113 Regulation 61.370
Repeal the regulation.
114 Subregulation 61.375(1)
Omit “, other than a student pilot licence”.
115 Paragraphs 61.385(1)(d) to (f)
Repeal the paragraphs, substitute:
(d) weight and balance requirements;
(e) applying aircraft performance data, including take‑off and landing performance data, for the aircraft.
116 Regulation 61.395 (heading)
Repeal the heading, substitute:
61.395 Limitations on exercise of privileges of pilot licences—recent experience for certain passenger flight activities
117 Paragraph 61.400(2)(c)
Repeal the paragraph, substitute:
(c) a pilot instructor who is authorised to conduct a flight review for the rating.
118 Regulation 61.405 (heading)
Repeal the heading, substitute:
61.405 Limitations on exercise of privileges of pilot licences—medical requirements—recreational pilot licence holders
119 Subregulation 61.405(1)
Omit “student pilot licence or”.
120 Paragraph 61.405(2)(c)
After “limitations”, insert “or conditions”.
121 At the end of subregulation 61.405(2)
Add:
Note: For when a person meets the modified Austroads medical standards, see regulation 67.262.
122 Subregulation 61.405(3) (definition of current)
Omit “student pilot licence or”.
123 Subregulation 61.410(2)
Repeal the subregulation (not including the note), substitute:
(2) However, subject to subregulation (3), the holder of a private pilot licence is authorised to exercise the privileges of the licence in a recreational aircraft if:
(a) the holder:
(i) also holds a current recreational aviation medical practitioner’s certificate; and
(ii) meets the requirements mentioned in subregulation 61.405(2); and
(b) the flight is conducted by day under the VFR.
(3) Regulation 61.465 applies to the holder as if each reference in that regulation to a recreational pilot licence included a reference to a private pilot licence.
124 Paragraph 61.420(d)
Repeal the paragraph, substitute:
(ca) if the holder holds a medical exemption for the flight—a copy of the medical exemption;
(d) a document that includes a photograph of the holder showing the holder’s full face and his or her head and shoulders:
(i) that was issued within the previous 10 years by the government, or a government authority, of:
(A) the Commonwealth or a State or Territory; or
(B) a foreign country, or a state or province (however described) of a foreign country; and
(ii) that has not expired or been cancelled.
125 Subregulation 61.430(1)
Repeal the subregulation, substitute:
(1) A person is authorised to taxi an aircraft of a particular class or type if the person holds:
(a) a pilot licence; and
(b) the category rating for the category to which aircraft of that class or type belong; and
(c) the class rating or type rating for aircraft of that class or type.
126 Paragraphs 61.435(1)(b) and (c)
Repeal the paragraphs, substitute:
(b) holds a recreational pilot licence with a flight radio endorsement.
127 Subregulation 61.435(2)
Repeal the subregulation.
128 Subpart 61.F
Repeal the Subpart.
129 Subregulation 61.470(1)
Repeal the subregulation, substitute:
(1) The holder of a recreational pilot licence is authorised to pilot an aircraft outside the following areas only if the holder also holds a recreational navigation endorsement:
(a) the area within 25 nautical miles of the departure aerodrome;
(b) a flight training area;
(c) the area that is a direct route between the departure aerodrome and a flight training area.
130 Paragraph 61.495(2)(c)
Repeal the paragraph, substitute:
(c) if the endorsement is a recreational navigation endorsement—have completed, in addition to the flight time mentioned in paragraph 61.475(2)(d):
(i) at least 5 hours of solo cross‑country flight time; and
(ii) at least 2 hours of dual instrument time, 1 hour of which is conducted during dual instrument flight time; and
131 Paragraph 61.500(5)(c)
Repeal the paragraph, substitute:
(c) the applicant has completed the following flight time that complies with subregulation 61.495(3):
(i) at least 5 hours of solo cross‑country flight time;
(ii) at least 2 hours of dual instrument time, 1 hour of which is conducted during dual instrument flight time.
132 Regulation 61.510
Repeal the regulation, substitute:
61.510 Limitations on exercise of privileges of private pilot licences—multi‑crew operations
(1) The holder of a private pilot licence is authorised to exercise the privileges of the licence in a multi‑crew operation only if the holder has completed an approved course of training in multi‑crew cooperation.
(2) The holder of a private pilot licence that was granted on the basis of regulation 202.272 is taken to meet the requirement mentioned in subregulation (1) if, before 1 September 2014, the holder conducted a multi‑crew operation.
133 Subparagraph 61.570(a)(ii)
Repeal the subparagraph, substitute:
(ii) an aeroplane certificated for single‑pilot operation, that has a maximum certificated take‑off weight of more than 5 700 kg, in a regular public transport operation; or
134 Regulation 61.635
Repeal the regulation, substitute:
61.635 Privileges of multi‑crew pilot licences
Subject to Subpart 61.E and regulations 61.640 to 61.650, the holder of a multi‑crew pilot licence is authorised to pilot an aeroplane as co‑pilot for an operator that is approved as a training and checking organisation under regulation 217 of CAR.
135 After subregulation 61.640(1)
Insert:
(1A) The holder of a multi‑crew pilot licence is authorised to conduct a 3D instrument approach operation only if:
(a) the holder passed the flight test for the licence within the previous 24 months, and the flight test included a 3D instrument approach operation; or
(b) the holder’s most recent instrument proficiency check included a 3D instrument approach operation; or
(c) the holder is successfully participating in an operator’s approved cyclic training and proficiency program that includes 3D instrument approaches.
136 Subregulation 61.640(2)
Omit “paragraph (1) (b)”, substitute “paragraphs (1)(b) and (1A)(b)”.
137 Subregulation 61.640(3)
Repeal the subregulation, substitute:
(3) The holder of a multi‑crew pilot licence is authorised to conduct an instrument approach operation in an aircraft using a procedure of a particular kind only if the holder has:
(a) completed training in the conduct of instrument approach operations using the procedure; and
(b) demonstrated, to a person mentioned in subregulation (4), his or her competence in the conduct of instrument approach operations using the procedure.
138 Paragraph 61.640(4)(b)
Repeal the paragraph, substitute:
(b) an examiner who is authorised under this Part to conduct an instrument approach operation using the same procedure;
139 Subregulation 61.645(2)
Omit “approaches”, substitute “approach operations”.
140 Subregulation 61.645(3)
After “instrument approach”, insert “operation”.
141 Subregulations 61.645(4) to (7)
Repeal the subregulations, substitute:
(4) The holder is authorised to conduct a 2D instrument approach operation only if the holder has conducted a 2D instrument approach operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
(5) The holder is authorised to conduct a 3D instrument approach operation only if the holder has conducted a 3D instrument approach operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
(6) The holder is authorised to conduct an azimuth guidance operation only if the holder has conducted an azimuth guidance operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
(7) The holder is authorised to conduct a course deviation indicator operation only if the holder has conducted a course deviation indicator operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
Note: Azimuth guidance operations and course deviation indicator operations are instrument approach operations: see the definitions of those terms in regulation 61.010.
142 Subregulation 61.650(3)
Omit all the words before paragraph (a), substitute:
(3) Subject to subregulations (4) and (4B), for subregulations (1) and (2), the holder is taken to have a valid instrument proficiency check for the aeroplane category, or for multi‑engine aeroplanes, during the following periods:
143 Subregulation 61.650(4)
Repeal the subregulation, substitute:
(4) If, at any time, the holder attempts, but does not successfully complete, an instrument proficiency check mentioned in subregulation (4A) (the failed check), the holder is no longer taken to have a valid instrument proficiency check for:
(a) the aeroplane category; or
(b) multi‑engine aeroplanes.
(4A) For subregulation (4), the failed check may be any of the following:
(a) an instrument proficiency check for the aeroplane category;
(b) an instrument proficiency check for multi‑engine aeroplanes;
(c) an instrument proficiency check for a type of aeroplane.
(4B) If the holder is taken to have a valid instrument proficiency check for the relevant aeroplane only because of the holder’s participation in an operator’s approved cyclic training and proficiency program, the check is taken to be valid only for operations conducted by the operator.
144 Subparagraphs 61.650(5)(a)(i) and (b)(i)
Omit “for IFR operations”, substitute “for an instrument proficiency check”.
145 Subregulation 61.680(1)
After “instrument approach”, insert “operation”.
146 After subregulation 61.680(2)
Insert:
(2A) The holder of an air transport pilot licence is authorised to conduct a 3D instrument approach operation only if:
(a) the holder passed the flight test for the licence within the previous 24 months, and the flight test included a 3D instrument approach operation; or
(b) the holder’s most recent instrument proficiency check included a 3D instrument approach operation; or
(c) the holder is successfully participating in an operator’s approved cyclic training and proficiency program that includes 3D instrument approaches.
147 Subregulation 61.680(3)
Omit “paragraph (2) (b)”, substitute “paragraphs (2)(b) and (2A)(b)”.
148 Subregulation 61.680(4)
Repeal the subregulation, substitute:
(4) The holder of an air transport pilot licence is authorised to conduct an instrument approach operation in an aircraft using a procedure of a particular kind only if the holder has:
(a) completed training in the conduct of instrument approach operations using the procedure; and
(b) demonstrated, to a person mentioned in subregulation (5), his or her competence in the conduct of instrument approach operations using the procedure.
149 Paragraph 61.680(5)(b)
Repeal the paragraph, substitute:
(b) an examiner who is authorised under this Part to conduct an instrument approach operation using the same procedure;
150 Subregulation 61.685(2)
Omit “approaches”, substitute “approach operations”.
151 Subregulation 61.685(3)
After “approach”, insert “operation”.
152 Subregulations 61.685(4) to (7)
Repeal the subregulations, substitute:
(4) The holder is authorised to conduct a 2D instrument approach operation only if the holder has conducted a 2D instrument approach operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
(5) The holder is authorised to conduct a 3D instrument approach operation only if the holder has conducted a 3D instrument approach operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
(6) The holder is authorised to conduct an azimuth guidance operation only if the holder has conducted an azimuth guidance operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
(7) The holder is authorised to conduct a course deviation indicator operation only if the holder has conducted a course deviation indicator operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
Note: Azimuth guidance operations and course deviation indicator operations are instrument approach operations: see the definitions of those terms in regulation 61.010.
153 Regulation 61.690
Repeal the regulation.
154 Subregulation 61.695(3)
Omit all the words before paragraph (a), substitute:
(3) Subject to subregulations (4) and (4B), for subregulations (1) and (2), the holder is taken to have a valid instrument proficiency check for the aircraft category, or for multi‑engine aeroplanes or helicopters, during the following periods:
155 Subregulation 61.695(4)
Repeal the subregulation, substitute:
(4) If, at any time, the holder attempts, but does not successfully complete, an instrument proficiency check mentioned in subregulation (4A) (the failed check), the holder is no longer taken to have a valid instrument proficiency check for:
(a) the aircraft category in which the holder attempted the failed check; or
(b) multi‑engine aircraft of the category in which the holder attempted the failed check.
(4A) For subregulation (4), the failed check may be any of the following:
(a) an instrument proficiency check for an aircraft category;
(b) an instrument proficiency check for multi‑engine aeroplanes or helicopters;
(c) an instrument proficiency check for an aircraft type.
(4B) If the holder is taken to have a valid instrument proficiency check for the relevant aircraft only because of the holder’s participation in an operator’s approved cyclic training and proficiency program, the check is taken to be valid only for operations conducted by the operator.
156 Subparagraphs 61.695(5)(a)(i) and (b)(i)
Omit “for IFR operations”, substitute “for an instrument proficiency check”.
157 Subregulation 61.730(1)
Omit “other than a student pilot licence”.
158 Subregulation 61.730(1) (note)
Omit “, other than a student pilot licence”.
159 Subregulation 61.730(3) (note)
Repeal the note.
160 Subregulation 61.745(1)
Omit “has, within the previous 24 months, successfully completed a flight review for the rating in accordance with subregulation (2)”, substitute “ has a valid flight review for the rating”.
161 After subregulation 61.745(1)
Insert:
(1A) For subregulation (1), the holder has a valid flight review for the rating during the period beginning when the holder successfully completes a flight review for the rating in accordance with subregulation (2) and ending:
(a) at the end of the 24th month after the month in which the holder completes the review; or
(b) if:
(i) the holder already has a valid flight review for the rating (the previous flight review) when the holder successfully completes the flight review; and
(ii) the validity of the previous flight review is due to expire within 3 months after the holder successfully completes the flight review;
at the end of the 24th month after the validity of the previous flight review expires.
162 Subregulation 61.745(3)
Repeal the subregulation, substitute:
(3) For subregulation (1A), the holder is taken to have successfully completed a flight review for the rating if the holder:
(a) passes the flight test for the rating; or
(b) passes the flight test for an operational rating in an aircraft of the class covered by the aircraft class rating; or
(c) completes flight training for a design feature endorsement in an aircraft of the class covered by the aircraft class rating; or
(d) successfully completes a flight review for a pilot type rating in an aircraft of a type prescribed in an instrument under regulation 61.061 for the class rating; or
(e) successfully completes:
(i) an operator proficiency check that covers operations in the class; or
(ii) a proficiency check mentioned in subregulation (3A) in an aircraft of the class or an approved flight simulation training device for the purpose.
(3A) For subparagraph (3)(e)(ii), the proficiency checks are as follows:
(a) an instrument proficiency check;
(b) a night vision imaging system proficiency check;
(c) an aerial application proficiency check;
(d) an instructor proficiency check;
(e) an examiner proficiency check.
(3B) For subregulation (1), the holder is taken to have a valid flight review for the rating if the holder is successfully participating in an operator’s approved cyclic training and proficiency program that covers operations in aircraft of the class covered by the rating.
163 After regulation 61.745
Insert:
61.747 Limitations on exercise of privileges of class ratings in certain aircraft—flight review
(1) The holder of an aircraft class rating is authorised to exercise the privileges of the rating in an aircraft of a type mentioned in subregulation (2) only if the holder has:
(a) completed the flight training mentioned in subregulation (3) for the aircraft type; and
(b) successfully completed a flight review in:
(i) an aircraft of the type; or
(ii) an approved flight simulator for the flight review.
(2) For subregulation (1), the aircraft types are prescribed in an instrument under regulation 61.062.
(3) For paragraph (1)(a), the holder completes flight training for the aircraft type only if:
(a) the holder has received training in all the units of competency mentioned in the Part 61 Manual of Standards for the class rating that are relevant for the aircraft type; and
(b) the training is conducted by:
(i) an instructor for a Part 141 or 142 operator that is authorised to conduct flight training for the aircraft type; or
(ii) the holder of an approval under regulation 141.035 or 142.040 to conduct the training; and
(c) the training is conducted in accordance with regulation 61.205; and
(d) the instructor is satisfied that the holder meets the competency standards mentioned in the Part 61 Manual of Standards for the class rating that are relevant for the aircraft type.
(4) The holder of a class rating that was granted on the basis of regulation 202.272 is taken to meet the requirement mentioned in subregulation (1) for a type of aircraft if, immediately before 1 September 2014, the holder held an aircraft endorsement that was in force for the type of aircraft.
164 Paragraph 61.750(1)(a)
Omit “, other than a student pilot licence”.
165 Subregulation 61.755(1)
Repeal the subregulation.
166 At the end of paragraph 61.755(2)(h)
Add:
; (i) ski landing gear.
167 Regulation 61.770
Omit “61.800”, substitute “61.805”.
168 Subregulation 61.775(1)
Repeal the subregulation, substitute:
(1) This regulation applies to the holder of a pilot type rating for a type rated aircraft that is a multi‑engine turbine‑powered aircraft if the holder passed the flight test for the rating in a flight simulator.
169 Subregulation 61.780(2)
Omit “all the differences training mentioned in the Part 61 Manual of Standards”, substitute “the differences training”.
170 Regulation 61.795
Repeal the regulation, substitute:
61.795 Limitations on exercise of privileges of pilot type ratings—recent experience on aircraft models
The holder of a pilot type rating is authorised to exercise the privileges of the rating in an aircraft model covered by the rating only if:
(a) within the previous 24 months, the holder has:
(i) exercised the privileges of the rating in the aircraft model; or
(ii) passed the flight test for the rating in the aircraft model; or
(iii) successfully completed a flight review in the aircraft model; or
(iv) if differences training is required by an instrument under regulation 61.055 or 61.060 for the aircraft model—completed the differences training; or
(b) the holder is successfully participating in an operator’s approved cyclic training and proficiency program that covers operations in the aircraft model.
171 Regulation 61.800
Repeal the regulation, substitute:
61.800 Limitations on exercise of privileges of pilot type ratings—flight review
(1) The holder of a pilot type rating is authorised to exercise the privileges of the rating as the pilot in command of an aircraft only if the holder has a valid flight review for the rating.
(2) For subregulation (1), the holder has a valid flight review for the rating during the period beginning when the holder successfully completes a flight review for the rating in accordance with subregulation (3) and ending:
(a) at the end of the 24th month after the month in which the holder completes the review; or
(b) if:
(i) the holder already has a valid flight review for the rating (the previous flight review) when the holder successfully completes the flight review; and
(ii) the validity of the previous flight review is due to expire within 3 months after the holder successfully complete the flight review;
at the end of the 24th month after the validity of the previous flight review expires.
(3) For subregulation (2), the flight review must be conducted in:
(a) if the aircraft covered by the rating is a type of single‑engine helicopter prescribed by an instrument under regulation 61.063:
(i) a helicopter of the type covered by the rating; or
(ii) an approved flight simulator for that type of helicopter; or
(iii) a type of single‑engine helicopter prescribed by the instrument as equivalent to the type covered by the rating; or
(iv) an approved flight simulator for that type of helicopter; or
(b) in any other case:
(i) an aircraft of the type covered by the rating; or
(ii) an approved flight simulator for that type of aircraft.
(4) For subregulation (2), the holder is taken to have successfully completed a flight review for the rating if the holder:
(a) passes the flight test for the rating; or
(b) passes the flight test for an operational rating in an aircraft of the class covered by the type rating; or
(c) completes flight training for a design feature endorsement in an aircraft of the class covered by the type rating; or
(d) successfully completes:
(i) an operator proficiency check that covers operations in the type; or
(ii) a proficiency check mentioned in subregulation (5) in an aircraft of the type or an approved flight simulation training device for the purpose.
(5) For subparagraph (4)(d)(ii), the proficiency checks are as follows:
(a) an instrument proficiency check;
(b) a night vision imaging system proficiency check;
(c) an aerial application proficiency check;
(d) an instructor proficiency check;
(e) an examiner proficiency check.
(6) For subregulation (1), the holder is taken to have a valid flight review for the rating if the holder is successfully participating in an operator’s approved cyclic training and proficiency program that covers operations in aircraft of the type covered by the rating.
Note: For general rules in relation to flight reviews, see regulation 61.400.
172 Regulation 61.805 (heading)
Repeal the heading, substitute:
61.805 Limitations on exercise of privileges of pilot type ratings—instrument proficiency check
173 Subregulation 61.805(2)
Omit “For subregulation (1)”, substitute “Subject to subregulations (4) and (4B), for subregulation (1)”.
174 Paragraph 61.805(2)(a)
Omit “the instrument”, substitute “an instrument”.
175 After paragraph 61.805(2)(a)
Insert:
(aa) if the holder passes the flight test for the pilot type rating in an aircraft under the IFR—the period from when the holder passes the flight test to the end of the 24th month after the month in which the holder passes the flight test;
176 Subregulation 61.805(3)
Omit “For subregulation (1)”, substitute “Subject to subregulations (4) and (4B), for subregulation (1)”.
177 Subregulation 61.805(4)
Repeal the subregulation, substitute:
(4) If, at any time, the holder attempts, but does not successfully complete, an instrument proficiency check mentioned in subregulation (4A) (the failed check), the holder is no longer taken to have a valid instrument proficiency check for a type of aircraft belonging to the aircraft category in which the holder attempted the failed check.
(4A) For subregulation (4), the failed check may be any of the following:
(a) an instrument proficiency check for an aircraft category;
(b) an instrument proficiency check for multi‑engine aeroplanes or helicopters;
(c) an instrument proficiency check for an aircraft type.
(4B) If the holder is taken to have a valid instrument proficiency check for the aircraft type only because of the holder’s participation in an operator’s approved cyclic training and proficiency program, the check is taken to be valid only for operations conducted by the operator.
178 Subparagraphs 61.805(5)(a)(i) and (b)(i)
Omit “for IFR operations”, substitute “for an instrument proficiency check”.
179 Subparagraphs 61.810(3)(a)(i) and (ii)
Repeal the subparagraphs, substitute:
(i) theory and technical training; and
(ii) flight training in accordance with the approved course, consisting of:
(A) dual flight in an aircraft of the type covered by the rating; or
(B) dual simulated flight in an approved flight simulator for the training; and
180 Subregulation 61.810(5)
Repeal the subregulation.
181 Regulation 61.815 (heading)
Repeal the heading, substitute:
61.815 Person taken to meet requirements for grant of pilot type rating—multi‑crew pilot licence holder
182 Paragraphs 61.815(a) and (b)
Omit “or air transport pilot licence”.
183 Subregulation 61.835(4)
Omit “all the differences training mentioned in the Part 61 Manual of Standards”, substitute “the differences training”.
184 Subregulation 61.840(1)
Repeal the subregulation, substitute:
(1) The holder of a cruise relief co‑pilot type rating is authorised to act as co‑pilot of an aircraft of a particular type only if the holder:
(a) is successfully participating in an operator’s approved cyclic training and proficiency program that covers IFR operations in aircraft of that type; and
(b) has, within the previous 90 days:
(i) completed at least 2 hours of simulated flight time as co‑pilot in an approved flight simulation training device for the aircraft type; or
(ii) passed the flight test for the grant of the rating; or
(iii) exercised the privileges of the rating in an aircraft.
185 Subparagraph 61.840(4)(a)(ii)
Omit “all the differences training mentioned in the Part 61 Manual of Standards”, substitute “the differences training”.
186 Subregulation 61.860(1)
Repeal the subregulation, substitute:
(1) The holder of an instrument rating is authorised to conduct an instrument approach operation of a particular kind as pilot in command of an aircraft only if the aircraft is equipped for that kind of operation.
187 Subregulation 61.860(5)
Repeal the subregulation, substitute:
(5) The holder of an instrument rating is authorised to conduct an instrument approach operation in an aircraft using a procedure of a particular kind only if the holder has:
(a) completed training in the conduct of instrument approach operations using the procedure; and
(b) demonstrated, to a person mentioned in subregulation (6), his or her competence in the conduct of instrument approach operations using the procedure.
188 Paragraph 61.860(6)(b)
Repeal the paragraph, substitute:
(b) an examiner who is authorised to conduct an instrument approach operation using the same procedure;
189 Subregulation 61.865(2)
After “approach”, insert “operation”.
190 Subregulation 61.870(2)
Omit “approaches”, substitute “approach operations”.
191 Subregulation 61.870(3)
After “approach”, insert “operation”.
192 Subregulations 61.870(4) to (7)
Repeal the subregulations, substitute:
(4) The holder is authorised to conduct a 2D instrument approach operation only if the holder has conducted a 2D instrument approach operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
(5) The holder is authorised to conduct a 3D instrument approach operation only if the holder has conducted a 3D instrument approach operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
(6) The holder is authorised to conduct an azimuth guidance operation only if the holder has conducted an azimuth guidance operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
(7) The holder is authorised to conduct a course deviation indicator operation only if the holder has conducted a course deviation indicator operation within the previous 90 days in an aircraft or an approved flight simulation training device for the purpose.
Note: Azimuth guidance operations and course deviation indicator operations are instrument approach operations: see the definitions of those terms in regulation 61.010.
193 Subregulation 61.880(3)
Omit all the words before paragraph (a), substitute:
(3) Subject to subregulations (4) and (4B), for subregulations (1) and (2), the holder is taken to have a valid instrument proficiency check for the aircraft category, or for multi‑engine aeroplanes or helicopters, during the following periods:
194 Subregulation 61.880(4)
Repeal the subregulation, substitute:
(4) If, at any time, the holder attempts, but does not successfully complete, an instrument proficiency check mentioned in subregulation (4A) (the failed check), the holder is no longer taken to have a valid instrument proficiency check for:
(a) the aircraft category in which the holder attempted the failed check; or
(b) multi‑engine aircraft of the category in which the holder attempted the failed check.
(4A) For subregulation (4), the failed check may be any of the following:
(a) an instrument proficiency check for an aircraft category;
(b) an instrument proficiency check for multi‑engine aeroplanes or helicopters;
(c) an instrument proficiency check for an aircraft type.
(4B) If the holder is taken to have a valid instrument proficiency check for the relevant aircraft only because of the holder’s participation in an operator’s approved cyclic training and proficiency program, the check is taken to be valid only for operations conducted by the operator.
195 Subparagraphs 61.880(5)(a)(i) and (b)(i)
Omit “for IFR operations”, substitute “for an instrument proficiency check”.
196 Subregulation 61.885(8)
Repeal the subregulation.
197 Regulation 61.890 (table 61.890, Part 2)
Repeal the Part, substitute:
| Part 2—Instrument approach endorsements | |||
| 8 | IAP 2D instrument endorsement | Conduct a 2D instrument approach operation | |
| 9 | IAP 3D instrument endorsement | Conduct a 3D instrument approach operation | IAP 2D instrument endorsement |
198 Regulation 61.900
Before “The”, insert “(1)”.
199 Regulation 61.900
After “approach” (wherever occurring), insert “operation”.
200 At the end of regulation 61.900
Add:
(2) The holder of an IAP 3D instrument endorsement is authorised to conduct a 3D instrument approach operation only if:
(a) the holder passed the flight test for the endorsement within the previous 24 months; or
(b) the holder’s most recent instrument proficiency check included a 3D instrument approach operation; or
(c) the holder is successfully participating in an operator’s approved cyclic training and proficiency program that includes 3D instrument approaches.
(3) For paragraph (2)(b), an instrument proficiency check includes an operator proficiency check:
(a) that covers IFR operations; and
(b) that is conducted by a flight examiner who holds an instrument rating flight test endorsement.
201 Subregulation 61.920(2)
Repeal the subregulation, substitute:
(2) The holder of a private instrument rating is authorised to pilot an aircraft under the IFR as pilot in command only if the holder has piloted an aircraft under the IFR within the previous 6 months.
202 Paragraphs 61.925(1)(d) and (e)
Repeal the paragraphs, substitute:
(d) has successfully completed an instrument proficiency check in an aircraft of the same category within the previous 24 months.
203 Paragraphs 61.925(2)(d) and (e)
Repeal the paragraphs, substitute:
(d) has successfully completed an instrument proficiency check in a multi‑engine aeroplane within the previous 24 months.
204 Paragraphs 61.925(3)(d) and (e)
Repeal the paragraphs, substitute:
(d) has successfully completed an instrument proficiency check in a multi‑engine helicopter within the previous 24 months.
205 Regulation 61.935 (table 61.935, items 1 to 7, column 3)
Omit all the words from and including “At least 5 hours”, to and including “solo night circuits”.
206 Regulation 61.935 (table 61.935, items 18 to 20, column 2)
Omit “and landing”, substitute “operation”.
207 Regulation 61.935 (table 61.935, item 21, column 1)
Omit “LNAV”, substitute “2D”.
208 Regulation 61.935 (table 61.935, item 21, column 2)
After “instrument approach”, insert “operation”.
209 Regulation 61.935 (table 61.935, item 22, column 1)
Omit “LNAV/VNAV”, substitute “3D”.
210 Regulation 61.935 (table 61.935, item 22, column 2)
After “instrument approach”, insert “operation”.
211 Regulation 61.935 (table 61.935, item 22, column 3)
Omit “LNAV”, substitute “2D”.
212 Regulation 61.935 (table 61.935, items 23 to 25, column 2)
Omit “and landing”, substitute “operation”.
213 Regulation 61.935 (table 61.935, item 26)
Repeal the item, substitute:
| 26 | Night private instrument endorsement (category specific) | Pilot an aircraft of the specified category under the IFR at night |
At least 10 hours of aeronautical experience at night in an aircraft or an approved flight simulation training device for the purpose, including at least: (a) 3 hours of dual cross‑country flight time at night; and (b) 5 hours of flight time at night in an aircraft of the same category; and (c) 1 hour of solo night circuits |
214 Subregulation 61.945(1)
After “approach” (wherever occurring), insert “operation”.
215 Subregulations 61.945(2) and (3)
Omit “instrument approach and landing”, substitute “instrument approach operation”.
216 At the end of regulation 61.965
Add:
Note: See also regulation 61.395 for recent experience requirements for certain flight activities involving the carriage of passengers.
217 Subregulation 61.970(1)
Omit “or multi‑engine helicopter”.
218 Subregulation 61.970(3)
Repeal the subregulation.
219 Regulation 61.980 (table 61.980, item 3, column 3)
Omit “10 hours”, substitute “5 hours”.
220 Paragraph 61.1055(1)(a)
Repeal the paragraph, substitute:
(a) completed at least 2 hours of low‑level operations; or
221 Paragraph 61.1110(4)(a)
Omit “or an approved flight simulation training device for the proficiency check”.
222 Paragraph 61.1110(4)(b)
Omit “each aerial application endorsement that the holder holds”, substitute “an aerial application proficiency check”.
223 Regulation 61.1135
Repeal the regulation, substitute:
61.1135 Limitations on exercise of privileges of night aerial application endorsements
The holder of a night aerial application endorsement is authorised to exercise the privileges of the endorsement in an aircraft of a type covered by the endorsement only if:
(a) the holder has, within the previous 45 days, conducted a night aerial application operation below 500 ft AGL that includes a take‑off and landing at night; or
(b) the holder has, in an aircraft of the same type or an approved simulated training device for the purpose:
(i) completed a flight of at least 1 hour’s duration that commenced no later than 20 minutes before night; and
(ii) practised the necessary manoeuvres involved in the operation in an unladen aircraft at night or in the simulated training device; and
(iii) conducted at least 3 take‑offs and 3 landings at night.
224 Regulation 61.1145 (table 61.1145, item 10)
Repeal the item.
225 Paragraphs 61.1165(g) to (k)
Repeal the paragraphs, substitute:
(g) under Subdivision 61.A.3.1 (Student pilots), to approve a person to pilot an aircraft, including for a solo flight; and
(h) to conduct dual flight checks for a student pilot; and
(i) to approve a person mentioned in regulation 61.125 (Conducting flight activities without rating or endorsement) to pilot an aircraft for the purpose of receiving flight training; and
(j) to approve a person mentioned in regulation 61.120 to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation; and
(k) to assess the standard of knowledge of an applicant for a pilot licence, or a rating on a pilot licence, in any items mentioned in the applicant’s knowledge deficiency report.
226 Subregulation 61.1170(4)
Repeal the subregulation.
227 After regulation 61.1170
Insert:
61.1172 Limitations on exercise of privileges of flight instructor rating—rating granted on basis of transitional provisions
(1) This regulation applies to the holder of a flight instructor rating granted on the basis of regulation 202.272 or 202.274.
(2) The holder is authorised to exercise the privileges of the rating on or after 1 September 2018 only if the holder:
(a) has completed an approved course of training in principles and methods of instruction; or
(b) holds a Certificate IV in Training and Assessment; or
(c) holds a tertiary qualification in teaching.
228 Subregulation 61.1175(5)
Omit “the holder of a student pilot licence”, substitute “a student pilot”.
229 Subregulation 61.1175(7)
After “licence”, insert “or rating”.
230 Paragraph 61.1180(2)(c)
Repeal the subregulations, substitute:
(5) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation.
417 Regulation 202.278
Repeal the regulation, substitute:
202.277A Grant of private pilot licence with helicopter category rating on basis of old requirements
(1) An applicant for a private pilot licence with a helicopter category rating is taken to meet the requirements of paragraphs 61.515(2)(b), (c) and (d) if the applicant meets the requirements mentioned in paragraphs 5.87(1)(d), (e) and (f) of CAR, as in force immediately before 1 September 2014.
(2) For subregulation (1):
(a) CASA may set and conduct a private pilot (helicopter) licence flight test; and
(b) the helicopter syllabus published under regulation 5.59 of CAR, as in force immediately before 1 September 2014:
(i) continues in force; and
(ii) may be amended as if that regulation had not been repealed; and
(c) regulation 5.93 of CAR, as in force immediately before 1 September 2014, continues in force.
(3) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2017 as if they had been repealed by another regulation.
202.277B Grant of commercial pilot licence with helicopter category rating on basis of old requirements
(1) An applicant for a commercial pilot licence with a helicopter category rating is taken to meet the requirements of paragraphs 61.580(2)(b), (c) and (d) if the applicant meets the requirements mentioned in paragraphs 5.120(1)(d), (e) and (f) of CAR, as in force immediately before 1 September 2014.
(2) For subregulation (1):
(a) CASA may set and conduct a commercial pilot (helicopter) licence flight test; and
(b) the helicopter syllabus published under regulation 5.59 of CAR, as in force immediately before 1 September 2014:
(i) continues in force; and
(ii) may be amended as if that regulation had not been repealed; and
(c) regulation 5.127 of CAR, as in force immediately before 1 September 2014, continues in force.
(3) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2017 as if they had been repealed by another regulation.
202.277C English competency for certain holders of student pilot licences
(1) Subregulation (2) applies to a person who:
(a) held a student pilot licence immediately before 1 September 2014; and
(b) had not passed a general flying progress flight test under Part 5 of CAR before that day.
(2) The person is taken to have been assessed by CASA as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards.
202.277D Privileges for holders of grade 3 training endorsements granted on basis of continued authorisation
Despite regulation 61.1240, the holder of a grade 3 training endorsement (aeroplane) granted on the basis of regulation 202.272 is also authorised to conduct basic instrument flight training mentioned in column 2 of item 2 of table 61.1235.
202.278 Grant of pilot type ratings on basis of overseas training and assessment
(1) An applicant for a pilot type rating is taken to meet the requirements of subregulation 61.810(3) (Requirements for grant of pilot type ratings) if CASA is satisfied that:
(a) the applicant has completed training, conducted by a training provider that is authorised by the national aviation authority of a recognised foreign State to conduct the training, for the grant of an overseas rating; and
(b) the applicant has been assessed, by a person who is authorised by the national aviation authority of the recognised foreign State to conduct the assessment, as meeting the flight test standard for the grant of the overseas rating; and
(c) the training meets the standards specified in the Part 61 Manual of Standards for training for the rating; and
(d) the overseas rating is at least equivalent to the rating.
(2) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation.
202.279 Instrument proficiency checks partially conducted by foreign‑authorised person
(1) This regulation applies in relation to:
(a) an instrument proficiency check mentioned in paragraph 61.650(3)(d) or (e) for the holder of a multi‑crew pilot licence; and
(b) an instrument proficiency check mentioned in paragraph 61.695(3)(d) or (e) for the holder of an air transport pilot licence; and
(c) an instrument proficiency check mentioned in paragraph 61.880(3)(e) or (f) for the holder of an instrument rating.
(2) The holder is taken to have successfully completed the instrument proficiency check if:
(a) a person who is authorised by the national aviation authority of a recognised State to conduct an instrument proficiency check (however named) conducts a check of the holder; and
(b) the check meets the authority’s flight standards for a proficiency check; and
(c) CASA or a flight examiner:
(i) assesses the holder against the knowledge standards mentioned in the Part 61 Manual of Standards for the instrument proficiency check; and
(ii) is satisfied that the holder meets the knowledge standards; and
(iii) endorses the holder’s licence document to the effect that the holder has completed the instrument proficiency check.
(3) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation.
202.280 Continuation of driver’s licence medical certificates (aviation)
(1) This regulation applies to a driver’s licence medical certificate (aviation) that was in force immediately before 1 September 2014.
(2) On and after 1 September 2014, the certificate is taken to be a recreational aviation medical practitioner’s certificate that expires in accordance with its terms.
(3) In this regulation:
driver’s licence medical certificate (aviation) has the meaning given by the instrument of exemption from holding a class 2 medical certificate issued by CASA on 29 June 2012 (CASA instrument number CASA EX68/12).
(4) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 May 2015 as if they had been repealed by another regulation.
202.281 Expiry of Division 202.CB.1 at end of 31 August 2025
This Division, and the entries for this Division in the Part 202 table of contents, expire at the end of 31 August 2025 as if they had been repealed by another regulation.
418 Division 202.CE.1 (heading)
Repeal the heading, substitute:
Division 202.CE.1—Amendments made by the Civil Aviation Legislation Amendment Regulation 2013 (No. 1) and the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013
Subdivision 202.CE.1.1—Aircraft radiotelephone operator certificate of proficiency
419 Regulation 202.300 (heading)
Repeal the heading, substitute:
202.300 Definitions for Subdivision 202.CE.1.1
420 Regulation 202.300
Omit “In this Division”, substitute “In this Subdivision”.
421 Regulation 202.300
Insert:
amendments means the amendments made by:
(a) the Civil Aviation Legislation Amendment Regulation 2013 (No. 1); and
(b) the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013.
422 Regulation 202.300 (definition of cessation time)
Omit “this Subpart”, substitute “this Subdivision”.
423 Regulation 202.300 (definition of old authorisation)
Repeal the definition, substitute:
old authorisation means:
(a) a flight radio operator’s licence issued under Part 5 of CAR; or
(b) an aircraft radiotelephone operator certificate of proficiency issued under regulation 83A of CAR.
424 Subregulations 202.301(1) and 202.302(2)
Omit “repeal of regulation 83A of CAR”, substitute “amendments”.
425 After subregulation 202.304(1)
Insert:
(1A) However, the holder is not taken to have applied for the grant of an aeronautical radio operator certificate if, under regulation 202.272, the holder is taken to have applied for, and met the requirements for, the grant of a flight crew licence under Part 61.
426 Division 202.CE.2 (heading)
Repeal the heading, substitute:
Subdivision 202.CE.1.2—Approval to taxi an aeroplane
427 Regulation 202.307 (heading)
Repeal the heading, substitute:
202.307 Definitions for Subdivision 202.CE.1.2
428 Regulation 202.307
Omit “In this Division”, substitute “In this Subdivision”.
429 Regulation 202.307 (definition of cessation time)
Omit “this Subpart”, substitute “this Subdivision”.
430 Subregulation 202.311(1)
Omit “this Subpart”, substitute “this Subdivision”.
431 Regulation 202.312
Repeal the regulation, substitute:
Subdivision 202.CE.1.3—Expiry of Division 202.CE.1
202.312 Expiry of Division 202.CE.1 at end of 31 August 2018
This Division, and the entries for this Division in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation.
432 Subpart 202.GA (heading)
Repeal the heading, substitute:
Subpart 202.GA—Transitional provisions for Part 141 (Recreational, private and commercial pilot flight training, other than certain integrated training courses)
Division 202.GA.1—Amendments made by the Civil Aviation Legislation Amendment Regulation 2013 (No. 1) and the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013
433 Regulation 202.720
Repeal the regulation, substitute:
202.720 Definitions for Division 202.GA.1
A term that is used in this Division has the same meaning in this Division as it has in Part 141.
434 Paragraphs 202.721(1)(a), 202.722(1)(a), 202.723(1)(a) and 202.728(1)(a)
Omit “mentioned in subparagraph 206(1)(a)(vi) of CAR”.
435 Regulation 202.729
Repeal the regulation, substitute:
202.729 Expiry of Division 202.GA.1 at end of 31 August 2017
This Division, and the entries for this Division in the Part 202 table of contents, expire at the end of 31 August 2017 as if they had been repealed by another regulation.
436 Subpart 202.GB (heading)
Repeal the heading, substitute:
Subpart 202.GB—Transitional provisions for Part 142 (Integrated and multi‑crew pilot flight training, contracted recurrent training and contracted checking)
Division 202.GB.1—Amendments made by the Civil Aviation Legislation Amendment Regulation 2013 (No. 1) and the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013
437 Regulation 202.740
Repeal the regulation, substitute:
202.740 Definitions for Division 202.GB.1
A term that is used in this Division has the same meaning in this Division as it has in Part 142.
438 Regulations 202.741, 202.742 and 202.743
Repeal the regulations, substitute:
202.741 AOCs authorising flying training—if in force immediately before 1 September 2014
(1) This regulation applies to an AOC if, immediately before 1 September 2014:
(a) the AOC authorised the flying or operation of an aeroplane, rotorcraft or airship for flying training (the old training); and
(b) the AOC was in force.
(2) While the AOC is in force, and subject to any changes to the AOC:
(a) the AOC is taken to authorise the flying or operation of the aeroplane, rotorcraft or airship for Part 142 flight training that is equivalent to the old training; and
(b) subject to any changes to the conditions of the AOC, any conditions of the AOC that relate to the old training are taken to apply to the Part 142 flight training.
202.742 AOCs authorising flying training—if under suspension immediately before 1 September 2014
(1) This regulation applies to an AOC if, immediately before 1 September 2014:
(a) the AOC authorised the flying or operation of an aeroplane, rotorcraft or airship for flying training (the old training); and
(b) the AOC was under suspension in relation to the old training.
(2) If the suspension is lifted, then, while the AOC is in force, and subject to any changes to the AOC:
(a) the AOC is taken to authorise the flying or operation of the aeroplane, rotorcraft or airship for Part 142 flight training that is equivalent to the old training; and
(b) subject to any changes to the conditions of the AOC, any conditions of the AOC that relate to the old training are taken to apply to the Part 142 flight training.
202.743 Applications for AOCs authorising flying training—if made but not finally determined before 1 September 2014
(1) This regulation applies if, before 1 September 2014:
(a) a person applied for an AOC authorising the flying or operation of an aeroplane, rotorcraft or airship for flying training (the proposed training); and
(b) the application was not finally determined by CASA.
(2) The application is taken to be an application for an AOC for Part 142 flight training that is equivalent to the proposed training.
439 Paragraph 202.747(1)(a)
Repeal the paragraph, substitute:
(a) an AOC mentioned in regulation 202.741 or 202.742; or
(aa) an AOC granted on the basis of an application to which regulation 202.743 applied; or
440 Subparagraph 202.749(1)(a)(i)
Repeal the subparagraph, substitute:
(i) an AOC mentioned in regulation 202.741 or 202.742; or
(ia) an AOC granted on the basis of an application to which regulation 202.743 applied; or
441 Paragraph 202.750(1)(a)
Repeal the paragraph, substitute:
(a) an AOC mentioned in regulation 202.741 or 202.742; or
(aa) an AOC granted on the basis of an application to which regulation 202.743 applied; or
442 Paragraph 202.751(1)(a)
Omit “mentioned in subparagraph 206(1)(a)(vi) of CAR”.
443 Regulation 202.752
Repeal the regulation, substitute:
202.752 Expiry of Division 202.GB.1 at end of 31 August 2017
This Division, and the entries for this Division in the Part 202 table of contents, expire at the end of 31 August 2017 as if they had been repealed by another regulation.
444 Part 1 of the Dictionary (definition of 2D instrument approach procedure)
Repeal the definition, substitute:
2D instrument approach operation means an instrument approach operation using lateral navigation guidance only.
445 Part 1 of the Dictionary (definition of 3D instrument approach procedure)
Repeal the definition, substitute:
3D instrument approach operation means an instrument approach operation using lateral and vertical navigation guidance.
446 Part 1 of the Dictionary (definition of apply)
Repeal the definition, substitute:
apply, in relation to application material, has the meaning given by regulation 137.010.
447 Part 1 of the Dictionary
Insert:
authorised instrument approach procedure means:
(a) for an aerodrome in Australian territory—an instrument approach procedure that is:
(i) designed by a certified designer or authorised designer, and published in the AIP or given to CASA under Part 173; or
(ii) prescribed by an instrument issued under regulation 201.025 for this paragraph; or
(b) for an aerodrome in a foreign country—an instrument approach procedure that is authorised by the national aviation authority of the country.
authorised instrument departure procedure means:
(a) for an aerodrome in Australian territory—an instrument departure procedure that is:
(i) designed by a certified designer or authorised designer, and published in the AIP or given to CASA under Part 173; or
(ii) prescribed by an instrument issued under regulation 201.025 for this paragraph; or
(b) for an aerodrome in a foreign country—an instrument departure procedure that is authorised by the national aviation authority of the country.
448 Part 1 of the Dictionary (definition of class)
Repeal the definition, substitute:
class:
(a) of aircraft, has the meaning given by regulation 61.020; and
(b) of aeroplane for Part 64 (Ground operations personnel licensing), has the meaning given by regulation 64.010; and
(c) in relation to medical certificates—means a class of medical certificate mentioned in regulation 67.145.
449 Part 1 of the Dictionary
Insert:
certificate of validation has the meaning given by regulation 61.010.
cross‑country flight has the meaning given by regulation 61.010.
examiner has the meaning given by regulation 61.010.
450 Part 1 of the Dictionary (paragraph (a) of the definition of flight crew endorsement)
Repeal the paragraph, substitute:
(a) means a flight crew endorsement within the meaning of Part 61; and
451 Part 1 of the Dictionary (paragraph (a) of the definition of flight crew licence)
Repeal the paragraph, substitute:
(a) means a flight crew licence within the meaning of Part 61; and
452 Part 1 of the Dictionary (paragraph (a) of the definition of flight crew rating)
Repeal the paragraph, substitute:
(a) means a flight crew rating within the meaning of Part 61; and
453 Part 1 of the Dictionary (definition of flight engineer)
Repeal the definition, substitute:
flight engineer means the holder of a flight engineer licence.
454 Part 1 of the Dictionary (paragraphs (a) and (b) of the definition of flying in formation)
Omit “flying in formation”, substitute “flying in formation”.
455 Part 1 of the Dictionary
Insert:
instructor has the meaning given by regulation 61.010.
instrument approach operation means an approach and landing:
(a) conducted using instruments for navigation guidance; and
(b) based on an authorised instrument approach procedure.
456 Part 1 of the Dictionary (paragraph (b) of the definition of integrated training)
Repeal the paragraph, substitute:
(b) for which:
(i) the ground theory training and practical flight training are conducted by the same operator; or
(ii) the operator that conducts the practical flight training engages another person or organisation to conduct the ground theory training on behalf of the operator; and
457 Part 1 of the Dictionary (definition of medical certificate)
Repeal the definition, substitute:
medical certificate means:
(a) a medical certificate issued under Subpart 67.C; or
(b) for the holder of a certificate of validation of an overseas flight crew licence—the holder’s overseas medical certificate.
458 Part 1 of the Dictionary
Insert:
medically significant condition has the meaning given by subregulation 67.010(1).
medical practitioner:
(a) for Part 61 has the meaning given by regulation 61.010; and
(b) for Part 67 has the meaning given by subregulation 67.010(1).
meets the modified Austroads medical standards has the meaning given by regulation 67.262.
459 Part 1 of the Dictionary (definition of NAA)
Repeal the definition.
460 Part 1 of the Dictionary
Insert:
national aviation authority, for a foreign country:
(a) means the authority that is responsible for regulating civil aviation in the country; and
(b) includes:
(i) the national airworthiness authority for the country; and
(ii) if EASA carries out functions on behalf of the country—EASA.
overseas endorsement has the meaning given by regulation 61.010.
overseas flight crew licence has the meaning given by regulation 61.010.
overseas medical certificate has the meaning given by regulation 61.010.
overseas rating has the meaning given by regulation 61.010.
pilot, used as a verb, has the meaning given by regulation 61.010.
solo, in relation to a flight of an aircraft, has the meaning given by regulation 61.010.
student pilot means:
(a) for aircraft other than balloons—a person who is authorised to pilot an aircraft under regulation 61.112; or
(b) for balloons—a person who:
(i) does not hold a commercial (balloon) pilot licence within the meaning of subregulation 5.01(1) of CAR; and
(ii) is receiving balloon flight training.
461 Part 1 of the Dictionary (definition of successfully participating)
Repeal the definition, substitute:
successfully participating, in an operator’s approved cyclic training and proficiency program, has the meaning given by regulation 61.010.
462 Part 1 of the Dictionary
Insert:
tour of duty, for a flight crew member:
(a) means a period from when the member begins any duties associated with his or her employment before making a flight or series of flights until the member is finally relieved of all such duties after the end of the flight or flights; and
(b) includes a period during which the member is required by an operator to hold himself or herself available at an aerodrome for the performance of any such duties.
463 Clause 30 of Part 2 of the Dictionary
Repeal the clause.
464 Amendments of listed provisions—conversion of notes to decentralised tables of contents
Omit “Note This Part is made up as follows:” and substitute “Table of contents” in the following provisions:
(a) Part 61 (note);
(b) Part 64 (note);
(c) Part 141 (note);
(d) Part 142 (note).
Part 2—Amendments of references to NAA
Civil Aviation Regulations 1988
465 Paragraph 42W(5)(a)
Omit “an NAA”, substitute “a national aviation authority”.
466 Subparagraphs 42WA(1)(b)(i) and (ii)
Omit “NAA”, substitute “national aviation authority”.
467 Paragraphs 42WA(1)(c) and (3)(a)
Omit “NAA”, substitute “national aviation authority”.
Civil Aviation Safety Regulations 1998
468 Part 21 (table of contents)
Omit the entries for regulations 21.029 and 21.029A, substitute:
21.029 Type certificate for imported aircraft, aircraft engines or propellers not type certificated by national aviation authority of recognised country
21.029A Type acceptance certificate for imported aircraft certificated by national aviation authority of recognised country
469 Paragraph 21.011(c)
Omit “NAAs”, substitute “national aviation authorities”.
470 Regulation 21.029 (heading)
Repeal the heading, substitute:
21.029 Type certificate for imported aircraft, aircraft engines or propellers not type certificated by national aviation authority of recognised country
471 Regulation 21.029A (heading)
Repeal the heading, substitute:
21.029A Type acceptance certificate for imported aircraft certificated by national aviation authority of recognised country
472 Part 42 (table of contents)
Omit the entry for regulation 42.306, substitute:
42.306 Who is permitted to carry out maintenance on aeronautical products—foreign organisations approved by national aviation authority
473 Paragraph 42.301(1)(c)
Omit “the NAA that permits”, substitute “the national aviation authority that permits”.
474 Regulation 42.306 (heading)
Repeal the heading, substitute:
42.306 Who is permitted to carry out maintenance on aeronautical products—foreign organisations approved by national aviation authority
475 Paragraph 42.306(2)(a)
Omit “the NAA that permits”, substitute “the national aviation authority that permits”.
476 Amendments of listed provisions—references to NAA
Omit “NAA” (wherever occurring) and substitute “national aviation authority” in the following provisions:
(a) subregulations 21.024(3), 21.026(3) and 21.029(1) and (2);
(b) paragraphs 21.029(3)(a) and 21.029A(a);
(c) subparagraphs 21.029A(b)(i) and (iv);
(d) subregulation 21.029B(1);
(e) paragraphs 21.029B(2)(b) and (c) and 21.029C(1)(b) and (c);
(f) subregulation 21.031(3);
(g) subregulation 21.041(1) (paragraphs (a) and (b) of the definition of foreign type certificate);
(h) paragraphs 21.051(4)(b) and (c);
(i) subregulations 21.083(2) and (5) and 21.085(2) and (4);
(j) regulation 21.114;
(k) subregulation 21.119(1);
(l) regulation 21.132 (paragraph (b) of the definition of product design);
(m) sub‑subparagraph 21.132A(2)(a)(ii)(C);
(n) paragraph 21.181(5)(b);
(o) subparagraph 21.182(1)(b)(i);
(p) subparagraphs 21.303(1)(a)(ii) and 21.321(2)(a)(ii);
(q) paragraphs 21.470(a), (b), (c) and (d);
(r) subregulation 21.609(2);
(s) paragraphs 21.617(1)(a) and (b);
(t) regulation 39.001A (paragraph (a) of the definition of foreign State of Design airworthiness directive);
(u) paragraph 39.002(d);
(v) regulation 39.005;
(w) regulation 42.120 (note 1);
(x) paragraphs 42.301(1)(a) and 42.306(1)(a);
(y) subparagraphs 42.440(e)(iii) and 42.470(c)(ii);
(z) paragraph 42.470(d);
(za) subparagraph 47.065(g)(iii);
(zb) paragraphs 90.008(3)(b) and 137.190(1)(c);
(zc) Part 2 of the Dictionary (subparagraphs 37(b)(iii) and (c)(iii)).
Schedule 2—Amendments commencing day after registration
Civil Aviation Legislation Amendment Regulation 2013 (No. 1)
1 Item 1 of Schedule 1 (heading)
Repeal the heading, substitute:
1 After regulation 11.026
0
0
0