Civil Aviation Legislation Amendment Regulation 2013 (No. 1) (Cth)
made under the
Includes uncommenced provisions: see section 2
This is a compilation of the
This compilation was prepared on 16 January 2014.
The notes at the end of this compilation
(the
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
Contents
This regulation is the
Civil Aviation Legislation Amendment Regulation 2013 (No. 1) .
This regulation commences on 1 September 2014.
Schedule 1 amends the
Civil Aviation Safety Regulations 1998 .
Schedule 2 amends the
Civil Aviation Regulations 1988 .
(section 3)
insert
If these Regulations allow an application for an authorisation to be made to an examiner or instructor, or the holder of an approval under regulation 61.040, 141.035 or 142.040, a reference in this Part to CASA includes, in relation to such an application, a reference to the examiner, instructor or approval holder to whom the application is made.
omit paragraph 5.08 (a)
insert paragraph 5.08 (b)
omit paragraphs 5.08 (b) to (m) of CAR
insert paragraph 5.08 (a) of CAR or a pilot licence
omit licence referred to in paragraph 5.08 (o) or (p) of CAR
insert flight engineer licence
substitute
Each applicant for a type certificate mentioned in regulation 21.021 (except a type certificate issued under regulation 21.029) must provide a person holding an appropriate:
(a) class rating; or
(b) type rating; or
(c) balloon class endorsement within the meaning of subregulation 5.01 (1) of CAR; or
(d) authorisation under regulation 61.140; or
(e) authorisation under regulation 5.50 of CAR;
to make the flight tests required by this Part.
Source FARs section 21.37 modified.
omit under Part 5 of CAR,
insert under Part 61,
omit under Part 5 of CAR,
insert under Part 61,
omit under Part 5 of CAR,
insert under Part 61,
omit under Part 5 of CAR
insert under Part 61
omit each mention of under Part 5 of CAR,
insert under Part 61,
substitute
substitute
(1) This regulation applies to a person, other than a Part 141 operator or a Part 142 operator, who proposes to be the user of a qualified flight simulator or a qualified flight training device.
(1AA) The person must apply to CASA, in writing, for approval to use the simulator or device.
substitute
substitute
(1) This regulation applies to the operator of a qualified flight simulator or a qualified flight training device, other than a Part 141 operator or a Part 142 operator.
(1A) The operator must establish and maintain a quality system that ensures the correct operation and maintenance of the simulator or device.
substitute
Note: This Part is made up as follows:
Subpart 61.A Preliminary
Division 61.A.1 General 61.005 What Part 61 is about
61.010 Definitions for Part 61
61.015 Definition of
category of aircraft for Part 6161.020 Definition of
class of aircraft for Part 6161.025 Definition of
aeroplane for Part 6161.030 Definition of
modified Austroads medical standards for Part 6161.035 Issue of Manual of Standards for Part 61
61.040 Approvals by CASA for Part 61
61.045Prescription of qualification standards for flight simulation training devices
61.047 Prescription of recognised foreign States
61.050Prescription of multi‑engine aeroplanes included in single‑engine aeroplane class
61.055Prescription of type ratings and variants—multi‑crew aircraft
61.060Prescription of type ratings—single‑pilot aircraft
61.065Conduct of unauthorised activities—holders of flight crew licences
Division 61.A.2 Flight time and other aeronautical experience 61.070 Flight to which Division 61.A.2 applies
61.075 Definition of
aeronautical experience for Part 6161.080 Definition of
flight time as pilot for Part 6161.085 Definition of
flight time as co‑pilot for Part 6161.090 Definition of
flight time as pilot in command for Part 6161.095 Definition of
flight time as pilot in command under supervision for Part 6161.100 Definition of
flight time as flight engineer for Part 6161.105 Definition of
instrument flight time for Part 6161.110 Definition of
instrument ground time for Part 61
Division 61.A.3 Performing flight crew duties without licence, rating or endorsement 61.115 Flying without licence
61.120 Operation of aircraft radio without licence
61.125Conducting flight activities without rating or endorsement
61.130Operation of helicopter using auto flight control system without licence or rating
61.135Authorisation to conduct flight training or flight test without holding type rating
61.140Authorisation to test aircraft without holding type rating
61.145 Piloting glider without holding glider pilot licence
Subpart 61.B Grant of flight crew licences, ratings and endorsements
Division 61.B.1 General 61.150People who may grant flight crew licences, ratings and endorsements
61.155Applications for flight crew licences, ratings and endorsements
61.160 Grant of flight crew licences
61.165 Grant of flight crew ratings
61.170 Grant of flight crew endorsements
61.175How CASA issues flight crew licences, ratings and endorsements
61.180How examiner, instructor or approval holder issues rating or endorsement
61.185New licence document if licence, rating or endorsement cancelled
61.190Licence holder to comply with limitations and requirements of Part 61
Division 61.B.2 Flight training and other training 61.195 Flight training requirements
61.200 Differences training requirements
61.205 When training must not be conducted in aircraft
61.210Other approved courses of training or professional development
Division 61.B.3 Aeronautical knowledge examinations 61.215 Aeronautical knowledge examinations—general
61.220Aeronautical knowledge examinations—air transport pilot licence
61.225 Aeronautical knowledge examinations—pass standards
61.230Aeronautical knowledge examinations—knowledge deficiency reports
Division 61.B.4 Flight tests 61.235Flight tests for flight crew licences and ratings—prerequisites
61.240 Consequences of taking flight test when ineligible
61.245Conduct of flight tests for flight crew licences, ratings and endorsements
61.250 Pass standards for flight tests
Division 61.B.5 English language proficiency 61.255 Aviation English language proficiency assessments
61.260 Duration of English language proficiency assessments
61.265Recreational and student pilot licences—general English language proficiency
61.270 Approval of language proficiency assessors
Division 61.B.6 Recognition of overseas flight crew authorisations 61.275 Overseas flight crew authorisations—recognition
61.280Grant of flight crew licences, ratings or endorsements under bilateral agreements
Division 61.B.7 Recognition of Australian Defence Force qualifications 61.285 Australian Defence Force qualifications—recognition
Subpart 61.C Certificates of validation 61.290 Grant of certificates of validation
61.295 Privileges of certificates of validation
61.300Limitations on exercise of privileges of certificates of validation—medical certificate
61.305Limitations on exercise of privileges of certificates of validation—recent experience, flight review and proficiency check
61.310Limitations on exercise of privileges of certificates of validation—carriage of documents
61.315Conduct of unauthorised activities by holders of certificates of validation
61.320 Certificates of validation—period of validity
61.325 Certificates of validation—renewal
Subpart 61.D General obligations of flight crew licence holders 61.330Maintenance of aviation English language proficiency—conducting flight activities outside Australia
61.335 Identity checks
61.340Production of licence documents, medical certificates and identification
61.345 Personal logbooks—pilots
61.350 Personal logbooks—flight engineers
61.355 Retention of personal logbooks
61.360 False entries in personal logbooks
61.365 Production of personal logbooks
61.370 Provision of photograph
Subpart 61.E Pilot licensing—general limitations and authorisations
Division 61.E.1 General limitations on exercise of pilot licence privileges 61.375Limitations on exercise of privileges of pilot licences—ratings
61.380Limitations on exercise of privileges of pilot licences—flight activity endorsements
61.385Limitations on exercise of privileges of pilot licences—general competency requirement
61.390Limitations on exercise of privileges of pilot licences—operating requirements and limitations
61.395Limitations on exercise of privileges of pilot licences—recent experience
61.400Limitations on exercise of privileges of pilot licences—flight review
61.405Limitations on exercise of privileges of pilot licences—medical certificates: student and recreational pilot licence holders
61.410Limitations on exercise of privileges of pilot licences—medical certificates: private pilot licence holders
61.415Limitations on exercise of privileges of pilot licences—medical certificates: commercial, multi‑crew and air transport pilot licence holders
61.420Limitations on exercise of privileges of pilot licences—carriage of documents
61.425Limitations on exercise of privileges of pilot licences—unregistered aircraft
61.427Removal of certain pilot licence conditions about airspace
Division 61.E.2 General authorisations for pilot licences 61.430 Holders of pilot licences authorised to taxi aircraft
61.435When holders of pilot licences authorised to operate aircraft radio
Subpart 61.F Student pilot licences 61.440 Privileges of student pilot licences
61.445Limitations on exercise of privileges of student pilot licences—general
61.450Limitations on exercise of privileges of student pilot licences—recent experience
61.455 Requirement for grant of student pilot licences
Subpart 61.G Recreational pilot licences
Division 61.G.1 Privileges and grant of licences 61.460 Privileges of recreational pilot licences
61.465Limitations on exercise of privileges of recreational pilot licences—general
61.470Limitations on exercise of privileges of recreational pilot licences—endorsements
61.475 Requirements for grant of recreational pilot licences
61.480Grant of recreational pilot licences in recognition of pilot certificates granted by certain organisations
Division 61.G.2 Recreational pilot licence endorsements 61.485 Kinds of recreational pilot licence endorsements
61.490 Privileges of recreational pilot licence endorsements
61.495Requirements for grant of recreational pilot licence endorsements
61.500Grant of endorsement in recognition of other qualifications
Subpart 61.H Private pilot licences
Division 61.H.1 General 61.505 Privileges of private pilot licences
61.510Limitations on exercise of privileges of private pilot licences—multi‑crew operations
61.515Requirements for grant of private pilot licences—general
Division 61.H.2 Aeronautical experience requirements for private pilot licences—applicants who have completed integrated training courses 61.520 Application of Division 61.H.2
61.525Aeronautical experience requirements for grant of private pilot licences—aeroplane category
61.530Aeronautical experience requirements for grant of private pilot licences—helicopter category
61.535Aeronautical experience requirements for grant of private pilot licences—gyroplane category
Division 61.H.3 Aeronautical experience requirements for private pilot licences—applicants who have not completed integrated training courses 61.540 Application of Division 61.H.3
61.545Aeronautical experience requirements for grant of private pilot licences—aeroplane category
61.550Aeronautical experience requirements for grant of private pilot licences—helicopter category
61.555Aeronautical experience requirements for grant of private pilot licences—powered‑lift aircraft category
61.560Aeronautical experience requirements for grant of private pilot licences—gyroplane category
61.565Aeronautical experience requirements for grant of private pilot licences—airship category
Subpart 61.I Commercial pilot licences
Division 61.I.1 General 61.570 Privileges of commercial pilot licences
61.575Limitations on exercise of privileges of commercial pilot licences—multi‑crew operations
61.580Requirements for grant of commercial pilot licences—general
Division 61.I.2 Aeronautical experience requirements for commercial pilot licences—applicants who have completed integrated training courses 61.585 Application of Division 61.I.2
61.590Aeronautical experience requirements for grant of commercial pilot licences—aeroplane category
61.595Aeronautical experience requirements for grant of commercial pilot licences—helicopter category
61.600Aeronautical experience requirements for grant of commercial pilot licences—powered‑lift aircraft category
Division 61.I.3 Aeronautical experience requirements for commercial pilot licences—applicants who have not completed integrated training courses 61.605 Application of Division 61.I.3
61.610Aeronautical experience requirements for grant of commercial pilot licences—aeroplane category
61.615Aeronautical experience requirements for grant of commercial pilot licences—helicopter category
61.620Aeronautical experience requirements for grant of commercial pilot licences—powered‑lift aircraft category
61.625Aeronautical experience requirements for grant of commercial pilot licences—gyroplane category
61.630Aeronautical experience requirements for grant of commercial pilot licences—airship category
Subpart 61.J Multi‑crew pilot licences 61.635 Privileges of multi‑crew pilot licences
61.640Limitations on exercise of privileges of multi‑crew pilot licences—IFR flight: general
61.645Limitations on exercise of privileges of multi‑crew pilot licences—IFR flight: recent experience
61.650Limitations on exercise of privileges of multi‑crew pilot licences—instrument proficiency check
61.655Requirements for grant of multi‑crew pilot licences
61.660Aeronautical experience requirements for grant of multi‑crew pilot licences—aeroplane category
Subpart 61.K Air transport pilot licences 61.665 Privileges of air transport pilot licences
61.670Limitations on exercise of privileges of air transport pilot licences—helicopter IFR flight
61.675Limitations on exercise of privileges of air transport pilot licences—single‑pilot IFR flight
61.680Limitations on exercise of privileges of air transport pilot licences—IFR flight: general
61.685Limitations on exercise of privileges of air transport pilot licences—IFR flight: recent experience
61.690Limitations on exercise of privileges of air transport pilot licences—single‑pilot IFR flight: recent experience
61.695Limitations on exercise of privileges of air transport pilot licences—instrument proficiency check
61.700Requirements for grant of air transport pilot licences—general
61.705Aeronautical experience requirements for grant of air transport pilot licences—aeroplane category
61.710Aeronautical experience requirements for grant of air transport pilot licences—helicopter category
61.715Aeronautical experience requirements for grant of air transport pilot licences—powered‑lift aircraft category
Subpart 61.L Aircraft ratings and endorsements for pilot licences
Division 61.L.1 Preliminary 61.720 What Subpart 61.L is about
Division 61.L.2 Aircraft category ratings 61.725 Privileges of aircraft category ratings
61.730 Requirements for grant of aircraft category ratings
Division 61.L.3 Aircraft class ratings 61.735 Privileges of aircraft class ratings
61.740Limitations on exercise of privileges of aircraft class ratings—design feature endorsements
61.745Limitations on exercise of privileges of aircraft class ratings—flight review
61.750 Requirements for grant of aircraft class ratings
Division 61.L.4 Design feature endorsements 61.755Design features that require design feature endorsement
61.760 Privileges of design feature endorsements
61.765 Requirements for grant of design feature endorsements
Division 61.L.5 Pilot type ratings 61.770 Privileges of pilot type ratings
61.775Limitations on exercise of privileges of pilot type ratings—flight test in flight simulator
61.780Limitations on exercise of privileges of pilot type ratings—variants
61.785Limitations on exercise of privileges of pilot type ratings—single‑pilot operation and multi‑crew operation
61.790Limitations on exercise of privileges of pilot type ratings—IFR operation
61.795Limitations on exercise of privileges of pilot type ratings—recent experience on variant
61.800Limitations on exercise of privileges of pilot type ratings—flight review
61.805Limitations on exercise of privileges of type ratings—instrument proficiency check
61.810 Requirements for grant of pilot type ratings
61.815Person taken to meet requirements for grant of pilot type rating—multi‑crew or air transport pilot licence holder
61.820Person taken to meet requirements for grant of pilot type rating—new type rating
61.822Removal of type rating condition about acting as pilot in command
Division 61.L.6 Cruise relief type ratings 61.825 Kinds of cruise relief type rating
61.830 Privileges of cruise relief type ratings
61.835Limitations on exercise of privileges of cruise relief type ratings—general
61.840Limitations on exercise of privileges of cruise relief type ratings—recent experience
61.845 Requirements for grant of cruise relief type ratings
61.850Person taken to meet requirements for grant of cruise relief type rating—new type rating
Subpart 61.M Instrument ratings
Division 61.M.1 Privileges and requirements for grant of instrument ratings 61.855 Privileges of instrument ratings
61.860Limitations on exercise of privileges of instrument ratings—general
61.865Limitations on exercise of privileges of instrument ratings—endorsements
61.870Limitations on exercise of privileges of instrument ratings—recent experience: general
61.875Limitations on exercise of privileges of instrument ratings—recent experience: single pilot
61.880Limitations on exercise of privileges of instrument ratings—instrument proficiency check
61.885 Requirements for grant of instrument ratings
61.887Removal of instrument rating conditions about acting as pilot in command under IFR
Division 61.M.2 Privileges and requirements for grant of instrument endorsements 61.890 Kinds of instrument endorsement
61.895 Privileges of instrument endorsements
61.900Limitations on exercise of privileges of instrument endorsements
61.905 Requirements for grant of instrument endorsements
Subpart 61.N Private instrument ratings
Division 61.N.1 Privileges and requirements for grant of private instrument ratings 61.910 Privileges of private instrument ratings
61.915Limitations on exercise of privileges of private instrument ratings—endorsements
61.920Limitations on exercise of privileges of private instrument ratings—recent experience
61.925Limitations on exercise of privileges of private instrument ratings—flight review
61.930 Requirements for grant of private instrument ratings
Division 61.N.2 Privileges and requirements for grant of private instrument endorsements 61.935 Kinds of private instrument endorsement
61.940 Privileges of private instrument endorsements
61.945Limitations on exercise of privileges of private instrument endorsements
61.950Requirements for grant of private instrument endorsements
Subpart 61.O Night VFR ratings
Division 61.O.1 Privileges and requirements for grant of night VFR ratings 61.955 Privileges of night VFR ratings
61.960Limitations on exercise of privileges of night VFR ratings—endorsements
61.965Limitations on exercise of privileges of night VFR ratings—recent experience
61.970Limitations on exercise of privileges of night VFR ratings—flight review
61.975 Requirements for grant of night VFR ratings
Division 61.O.2 Privileges and requirements for grant of night VFR endorsements 61.980 Kinds of night VFR endorsement
61.985 Privileges of night VFR endorsements
61.990 Requirements for grant of night VFR endorsements
Subpart 61.P Night vision imaging system ratings
Division 61.P.1 Privileges and requirements for grant of night vision imaging system ratings 61.995 Privileges of night vision imaging system ratings
61.1000Limitations on exercise of privileges of night vision imaging system ratings—general
61.1005Limitations on exercise of privileges of night vision imaging system ratings—endorsements
61.1010Limitations on exercise of privileges of night vision imaging system ratings—recent experience
61.1015Limitations on exercise of privileges of night vision imaging system ratings—night vision imaging system proficiency check
61.1020Requirements for grant of night vision imaging system ratings
Division 61.P.2 Privileges and requirements for grant of night vision imaging system endorsements 61.1025 Kinds of night vision imaging system endorsement
61.1030 Privileges of night vision imaging system endorsements
61.1035Requirements for grant of night vision imaging system endorsements
Subpart 61.Q Low‑level ratings
Division 61.Q.1 Privileges and requirements for grant of low‑level ratings 61.1040 Privileges of low‑level ratings
61.1045Limitations on exercise of privileges of low‑level ratings—general
61.1050Limitations on exercise of privileges of low‑level ratings—endorsements
61.1055Limitations on exercise of privileges of low‑level ratings—recent experience
61.1060Limitations on exercise of privileges of low‑level ratings—flight review
61.1070 Requirements for grant of low‑level ratings
Division 61.Q.2 Privileges and requirements for grant of low‑level endorsements 61.1075 Kinds of low‑level endorsement
61.1080 Privileges of low‑level endorsements
61.1085 Requirements for grant of low‑level endorsements
Subpart 61.R Aerial application ratings
Division 61.R.1 Privileges and requirements for grant of aerial application ratings 61.1090 Privileges of aerial application ratings
61.1100Limitations on exercise of privileges of aerial application ratings—endorsements
61.1105Limitations on exercise of privileges of aerial application ratings—recent experience
61.1110Limitations on exercise of privileges of aerial application ratings—aerial application proficiency check
61.1115 Requirements for grant of aerial application ratings
Division 61.R.2 Privileges and requirements for grant of aerial application endorsements 61.1120 Kinds of aerial application endorsement
61.1125 Privileges of aerial application endorsements
61.1130Limitations on exercise of privileges of aerial application endorsements—supervision
61.1135Limitations on exercise of privileges of night aerial application endorsements
61.1140Requirements for grant of aerial application endorsements
Subpart 61.S Flight activity endorsements 61.1145 Kinds of flight activity endorsement
61.1150 Privileges of flight activity endorsements
61.1155Limitations on exercise of privileges of flight activity endorsements—medical certificates
61.1160 Requirements for grant of flight activity endorsements
Subpart 61.T Pilot instructor ratings
Division 61.T.1 Privileges and requirements for grant of flight instructor ratings 61.1165 Privileges of flight instructor ratings
61.1170Limitations on exercise of privileges of flight instructor ratings—general
61.1175Limitations on exercise of privileges of flight instructor ratings—endorsements
61.1180Limitations on exercise of privileges of flight instructor ratings—instructor proficiency check
61.1185 Requirements for grant of flight instructor ratings
Division 61.T.2 Privileges and requirements for grant of simulator instructor ratings 61.1190 Privileges of simulator instructor ratings
61.1195Limitations on exercise of privileges of simulator instructor ratings—general
61.1200Limitations on exercise of privileges of simulator instructor ratings—endorsements
61.1205Limitations on exercise of privileges of simulator instructor ratings—instructor proficiency check
61.1210 Requirements for grant of simulator instructor ratings
Division 61.T.3 Obligations of pilot instructors 61.1215 Obligations of pilot instructors—training
61.1220 Obligations of pilot instructors—flight reviews
61.1225Obligations of pilot instructors—holders of student pilot licences
61.1230Obligations of pilot instructors—records of activities conducted independently of Part 141 or 142 operator
Division 61.T.4 Privileges and requirements for grant of training endorsements 61.1235 Kinds of training endorsement
61.1240 Privileges of training endorsements
61.1245Limitations on exercise of privileges of training endorsements
61.1250 Requirements for grant of training endorsements
Subpart 61.U Flight examiner ratings
Division 61.U.1 Privileges and requirements for grant of flight examiner ratings 61.1255 Privileges of flight examiner ratings
61.1260Limitations on exercise of privileges of flight examiner ratings—general
61.1265Limitations on exercise of privileges of flight examiner ratings—endorsements
61.1270Limitations on exercise of privileges of flight examiner ratings—professional development
61.1275Limitations on exercise of privileges of flight examiner ratings—recent experience
61.1280Limitations on exercise of privileges of flight examiner ratings—flight reviews and subject matter proficiency checks
61.1285Limitations on exercise of privileges of flight examiner ratings—examiner proficiency check
61.1290 Requirements for grant of flight examiner ratings
Division 61.U.2 Obligations of flight examiners 61.1295Obligations of flight examiners—flight tests: strict liability offences
61.1300Obligations of flight examiners—flight tests: other offences
61.1305 Obligations of flight examiners—proficiency checks
Division 61.U.3 Privileges and requirements for grant of flight examiner endorsements 61.1310 Kinds of flight examiner endorsement
61.1315 Privileges of flight examiner endorsements
61.1320 Requirements for grant of flight examiner endorsements
Subpart 61.V Flight engineer licences 61.1325 Privileges of flight engineer licences
61.1330Limitations on exercise of privileges of flight engineer licences—ratings
61.1335Limitations on exercise of privileges of flight engineer licences—recent experience
61.1340Limitations on exercise of privileges of flight engineer licences—flight review
61.1345Limitations on exercise of privileges of flight engineer licences—current medical certificates
61.1350Limitations on exercise of privileges of flight engineer licences—carriage of documents
61.1355Certain holders of flight engineer licences authorised to operate aircraft radio
61.1360 Requirements for grant of flight engineer licences
Subpart 61.W Flight engineer type ratings 61.1365 Privileges of flight engineer type ratings
61.1370Limitations on exercise of privileges of flight engineer type ratings—general
61.1375Limitations on exercise of privileges of flight engineer type ratings—recent experience on variant
61.1380Limitations on exercise of privileges of flight engineer type ratings—flight review
61.1385 Requirements for grant of flight engineer type ratings
61.1390Person taken to meet requirements for grant of flight engineer type rating—new type rating
Subpart 61.X Flight engineer instructor ratings
Division 61.X.1 Privileges and requirements for grant of flight engineer instructor ratings 61.1395 Privileges of flight engineer instructor ratings
61.1400Limitations on exercise of privileges of flight engineer instructor ratings—general
61.1405Limitations on exercise of privileges of flight engineer instructor ratings—endorsements
61.1410Limitations on exercise of privileges of flight engineer instructor ratings—instructor proficiency check
61.1415Requirements for grant of flight engineer instructor ratings
Division 61.X.2 Obligations of flight engineer instructors 61.1420 Obligations of flight engineer instructors—training
61.1425Obligations of flight engineer instructors—flight review
Division 61.X.3 Privileges and requirements for grant of flight engineer training endorsements 61.1430 Kinds of flight engineer training endorsement
61.1435 Privileges of flight engineer training endorsements
61.1440Requirements for grant of flight engineer training endorsements
Subpart 61.Y Flight engineer examiner ratings
Division 61.Y.1 Privileges and requirements for grant of flight engineer examiner ratings 61.1445 Privileges of flight engineer examiner ratings
61.1450Limitations on exercise of privileges of flight engineer examiner ratings—general
61.1455Limitations on exercise of privileges of flight engineer examiner ratings—endorsements
61.1460Limitations on exercise of privileges of flight engineer examiner ratings—professional development
61.1465Limitations on exercise of privileges of flight engineer examiner ratings—recent experience
61.1470Limitations on exercise of privileges of flight engineer examiner ratings—examiner proficiency check
61.1475Requirements for grant of flight engineer examiner ratings
Division 61.Y.2 Obligations of flight engineer examiners 61.1480Obligations of flight engineer examiners—flight tests: strict liability offences
61.1485Obligations of flight engineer examiners—flight tests: other offences
61.1490Obligations of flight engineer examiners—proficiency checks
Division 61.Y.3 Privileges and requirements for grant of flight engineer examiner endorsements 61.1495 Kinds of flight engineer examiner endorsement
61.1500 Privileges of flight engineer examiner endorsements
61.1505Requirements for grant of flight engineer examiner endorsements
Subpart 61.Z Glider pilot licences 61.1510 Privileges of glider pilot licences
61.1515Limitations on exercise of privileges of glider pilot licences—general
61.1520Limitations on exercise of privileges of glider pilot licences—recent experience
61.1525Limitations on exercise of privileges of glider pilot licences—flight review
61.1530Limitations on exercise of privileges of glider pilot licences—medical certificates
61.1535Limitations on exercise of privileges of glider pilot licences—carriage of documents
61.1540 Requirements for grant of glider pilot licences
(1) This Part sets out the licensing scheme for pilots and flight engineers of registered aircraft.
(2) Subpart 61.A sets out:
(a) preliminary matters; and
(b) when a flight crew licence, rating or endorsement is not required.
(3) Subpart 61.B sets out:
(a) the general requirements for the grant of a flight crew licence, rating or endorsement; and
(b) the requirements for the grant of a flight crew licence, rating or endorsement in recognition of an overseas or military qualification.
Note: A reference to a flight crew licence includes a glider pilot licence: see the definition of
flight crew licence in regulation 61.010.(4) Subpart 61.C sets out rules relating to a certificate of validation of an overseas qualification, including:
(a) requirements for the grant of a certificate of validation; and
(b) the effect of a certificate of validation.
(5) Subpart 61.D sets out obligations that apply to all holders of flight crew licences, ratings and endorsements.
(6) Subpart 61.E:
(a) sets out limitations that apply to the exercise of the privileges of all pilot licences; and
(b) provides for the authorisations to taxi an aircraft and to operate an aircraft radio.
Note: A reference to a pilot licence does not include a glider pilot licence: see the definition of
pilot licence in regulation 61.010.(7) Subparts 61.F to 61.K make particular provision for each kind of pilot licence, including:
(a) the privileges of the licence; and
(b) limitations on the exercise of the privileges; and
(c) the requirements for the grant of the licence.
(8) Subparts 61.L to 61.U provide for ratings and endorsements on pilot licences, setting out:
(a) the privileges of each rating or endorsement; and
(b) limitations on the exercise of the privileges of the rating or endorsement; and
(c) the requirements for the grant of the rating or endorsement; and
(d) for the flight instructor, simulator instructor and flight examiner ratings—obligations that apply to the holder of the rating.
(9) Subparts 61.V to 61.Y provide for flight engineer licences, and ratings and endorsements on flight engineer licences.
(10) Subpart 61.Z makes particular provision for glider pilot licences.
In this Part:
aerial application endorsement means an endorsement mentioned in column 1 of table 61.1120.
aerial application operation means a flight that is carried out by an aircraft to apply application material.
aerial application proficiency check means an assessment, against the standards mentioned in the Part 61 Manual of Standards, of a pilot’s competency to exercise the privileges of an aerial application rating.
aeronautical experience : see regulation 61.075.
aeronautical knowledge examination , for a flight crew licence, rating or endorsement, means an examination set under regulation 61.215 for the grant of the licence, rating or endorsement.
aeroplane : see regulation 61.025.
approved course of professional development , for a provision of this Part,means a course of professional development for which the provider holds an approval under regulation 61.040 for the provision.
approved course of training , for a provision of this Part, means a course of training:
(a) for which the provider holds an approval under regulation 61.040 for the provision; or
(b) that a Part 141 or 142 operator is authorised to conduct; or
(c) that a person holds an approval under regulation 141.035 or 142.040 to conduct.
approved cyclic training and proficiency program , for an operator, means a cyclic training and proficiency program for which the operator holds an approval under regulation 217 of CAR.
approved flight simulation training device : a flight simulation training device is anapproved flight simulation training device for a purpose if:
(a) a Part 141 or 142 operator’s exposition states that the device may be used for the purpose; or
(b) the operator of the device holds an approval under regulation 60.055 to use the device for the purpose; or
(c) the device is:
(i) qualified (however described) by the national aviation authority of a recognised foreign State; and
(ii) appropriate for the purpose.
approved flight simulator : a flight simulator is anapproved flight simulator for a purpose if:
(a) a Part 141 or 142 operator’s exposition states that the simulator may be used for the purpose; or
(b) the operator of the simulator holds an approval under regulation 60.055 to use the simulator for the purpose; or
(c) the simulator is:
(i) qualified (however described) by the national aviation authority of a recognised foreign State; and
(ii) appropriate for the purpose.
associated : an aircraft category rating isassociated with a pilot licence if:
(a) for an application for the pilot licence—the application includes an application for the rating; or
(b) in any other case—the rating was granted on the basis of the applicant having met the requirements for the grant of the pilot licence with the rating.
Note: An aircraft category rating has effect only for the pilot licence with which it is associated: see regulation 61.725.
aviation English language proficiency assessment means an aviation English language proficiency assessment conducted under regulation 61.255.
aviation English language proficiency assessor means the holder of an approval under regulation 61.270 to conduct an aviation English language proficiency assessment.
azimuth guidance procedure means an instrument approach procedure that uses azimuth bearings for lateral navigation guidance.
category of aircraft: see regulation 61.015.
category specific : a rating or endorsement iscategory specific if the rating or endorsement applies only to an aircraft category that is specified on the rating or endorsement.
Certificate IV in Training and Assessment means a Certificate IV in Training and Assessment issued by a registered training organisation under the Australian Qualifications Framework.Note: See of validation means a certificate of validation granted under Subpart 61.C.
circling approach , for the landing of an aeroplane, means an instrument approach that includes a visual circling manoeuvre requiring a change of heading of greater than 90° to position the aeroplane on the centreline of the runway used for the landing.
class of aircraft: see regulation 61.020.
conduct , as a verb, means:
(a) in relation to a flight operation—to occupy a flight control seat in an aircraft while the operation takes place; or
(b) in relation to a simulated flight operation—to occupy a flight control seat in a flight simulation training device while the simulated operation takes place; or
(c) in relation to an operation of a tethered helicopter—to occupy a flight control seat in the tethered helicopter while the operation takes place.
course deviation indicator procedure means an instrument approach procedure that uses a course deviation indicator for lateral guidance.
cross‑country flight means a flight along a pre‑planned route during which the pilot uses geometry, topography or radio navigation aids to determine the aircraft’s position and course.
cross‑country flight time means flight time accrued during a cross‑country flight.
cruise relief type rating means:
(a) a cruise relief co‑pilot type rating; or
(b) a cruise relief flight engineer type rating.
current :
(a) for an aviation English language proficiency assessment: see regulation 61.260; and
(b) for a recreational aviation medical practitioner’s certificate—see subregulation 61.405 (3); and
(c) for a certificate of validation or medical certificate—means a certificate that is in force.
differences training , for a variant, means the training mentioned in regulation 61.200 for the variant.
dual cross‑country flight time means cross‑country flight time that is conducted in dual flight.
dual flight means flight conducted while receiving training from a pilot instructor occupying a flight control seat in an aircraft that is fitted with fully functional dual controls.
dual flight check means an in‑flight assessment by a flight instructor of a student pilot licence holder’s competency to conduct a solo training flight.
dual instrument flight time means instrument flight time that is conducted in dual flight.
dual instrument ground time means instrument ground time that is conducted in dual simulated flight.
dual instrument time means:
(a) dual instrument flight time; or
(b) dual instrument ground time.
dual simulated flight means simulated flight conducted while receiving training from a pilot instructor occupying a flight control seat in a flight simulation training device that is fitted with fully functional dual controls.
duration , of a flight, means:(a)for a flight in an aeroplane or gyroplane—the time from the moment the aircraft begins moving, whether or not under its own power, in preparation for flight until the moment it comes to rest at the end of the flight; or
(b)for a flight in a helicopter or powered‑lift aircraft—the time from the moment the aircraft’s rotor blades start turning until the moment the rotor blades stop turning after the aircraft comes to rest at the end of the flight; or
(c) for a flight in an airship—the time from the moment the airship is released from its mooring until the moment it is tethered at the end of the flight; or
(d) for a flight in a glider—the time from the moment the glider first begins moving in preparation for flight, whether being towed or not, until the moment it comes to rest at the end of the flight.
endorsement means a flight crew endorsement.
equivalent , for an overseas flight crew licence, rating or endorsement: an overseas flight crew licence, rating or endorsement (however described) isequivalent to a flight crew licence, rating or endorsement granted under this Part (anAustralian authorisation ) if it allows the holder to conduct substantially the same activities as the Australian authorisation.
examiner means:
(a) a flight examiner; or
(b) a flight engineer examiner.
examiner rating means:
(a) a flight examiner rating; or
(b) a flight engineer examiner rating.
flight means flight in:
(a) an aeroplane; or
(b) a helicopter; or
(c) an airship; or
(d) a glider, other than a hang glider; or
(e) a gyroplane; or
(f) a powered‑lift aircraft.
flight activity endorsement means an endorsement mentioned in column 1 of table 61.1145.
flight crew endorsement means an endorsement granted under this Part on a flight crew licence.
flight crew licence means:
(a) a pilot licence; or
(b) a flight engineer licence; or
(c) a glider pilot licence.
flight crew rating means a rating granted under this Part on a flight crew licence.
flight engineer examiner means the holder of a flight engineer examiner rating.
flight engineer examiner endorsement means an endorsement mentioned in column 1 of table 61.1495.
flight engineer flight test endorsement means an endorsement mentioned in column 1 of Part 1 of table 61.1495.
flight engineer instructor means the holder of a flight engineer instructor rating.
flight engineer training endorsement means an endorsement mentioned in column 1 of table 61.1430.
flight examiner means the holder of a flight examiner rating.
flight examiner endorsement means an endorsement mentioned in column 1 of table 61.1310.
flight instructor means the holder of a flight instructor rating.
flight review means an assessment of the competency of a flight crew member to perform:
(a) for the holder of a pilot licence or flight engineer licence—an activity authorised by a flight crew rating that the crew member holds; or
(b) for the holder of a glider pilot licence—an activity authorised by the licence.
flight simulation training device means:
(a) a qualified flight simulator; or
(b) a qualified flight training device; or
(c) a synthetic trainer that is approved under Civil Aviation Order 45.0; or
(d) a device that meets the qualification standards prescribed by a legislative instrument under regulation 61.045; or
(e) a device that is qualified (however described) by the national aviation authority of a recognised foreign State.
flight test , for a flight crew licence, rating or endorsement, means a test conducted under regulation 61.245 for the licence, rating or endorsement.
flight test endorsement means an endorsement mentioned in column 1 of Part 1 of table 61.1310.
flight time as:
(a) a pilot: see regulation 61.080; and
(b) a co‑pilot: see regulation 61.085; and
(c) a pilot in command: see regulation 61.090; and
(d) a pilot in command under supervision: see regulation 61.095; and
(e) a flight engineer: see regulation 61.100.
flight training , for a flight crew licence, rating or endorsement,means the training mentioned in regulation 61.195 for the licence, rating or endorsement.
instructor means:
(a) a flight instructor; or
(b) a simulator instructor; or
(c) a flight engineer instructor.
instructor proficiency check means an assessment, against the standards mentioned in the Part 61 Manual of Standards, of an instructor’s competency to conduct flight training.
instructor rating means:
(a) a flight instructor rating; or
(b) a simulator instructor rating; or
(c) a flight engineer instructor rating.
instrument approach means an approach conducted in accordance with an instrument approach procedure.
instrument endorsement means an endorsement mentioned in column 1 of table 61.890.
instrument flight time : see regulation 61.105.
instrument ground time : see regulation 61.110.
instrument proficiency check means an assessment, against the standards mentioned in the Part 61 Manual of Standards, of a pilot’s competency to pilot an aircraft under the IFR.
instrument time means:
(a) instrument flight time; or
(b) instrument ground time.
knowledge deficiency report means a report prepared, and given to a person, under regulation 61.230.
licence means a flight crew licence.
licence document : see regulation 61.175.
low‑level endorsement means an endorsement mentioned in column 1 of table 61.1075.
low‑level operation means an operation below 500 ft AGL, other than the following:
(a) climbing from take‑off;
(b) descending for the purpose of landing;
(c) an aerial application operation.
maximum certificated passenger seating capacity , for an aircraft, means the maximum passenger seating capacity stated in the aircraft’s type certificate, foreign type certificate, supplemental type certificate or foreign supplemental type certificate.
maximum certificated take‑off weight , for an aircraft, means the maximum take‑off weight stated in the aircraft’s type certificate, foreign type certificate, supplemental type certificate or foreign supplemental type certificate.
medical exemption , for the exercise of the privileges of a flight crew licence or rating, means an approval under regulation 61.040 to exercise the privileges of the licence or rating without holding a current:
(a) medical certificate; or
(b) recreational aviation medical practitioner’s certificate.
medical practitioner means a person entitled to practise as a medical practitioner under a law of a State or Territory.
modified Austroads medical standards : see regulation 61.030.
multi‑crew , in relation to an aircraft, means that the aircraft is certificated for operation by a crew of at least 2 pilots.
multi‑crew operation means an operation that requires at least 2 pilots in:
(a) a multi‑crew aircraft; or
(b) an aircraft that is equipped, and required by these Regulations, to be operated by a crew of at least 2 pilots.
multi‑crew pilot licence training course means a course of training for the grant of a multi‑crew pilot licence conducted by a Part 142 operator.
multi‑crew type rating means a pilot type rating authorising its holder to pilot an aircraft of the type covered by the rating in a multi‑crew operation.
multi‑engine aeroplane means an aeroplane that has 2 or more engines, other than:
(a) a multi‑engine centre‑line thrust aeroplane; or
(b) an aeroplane that is prescribed by a legislative instrument under regulation 61.050 as an aeroplane that is included in the single‑engine aeroplane class.
multi‑engine centre‑line thrust aeroplane means an aeroplane with 2 or more engines that:
(a) has the thrust line along the longitudinal axis of the aeroplane; and
(b) has no asymmetric handling effect about the normal axis in the event of an engine failure.
night VFR endorsement means an endorsement mentioned in column 1 of table 61.980.
night vision goggles means a self‑contained binocular night vision enhancement device that:
(a) is helmet‑mounted or otherwise worn by a person; and
(b) can detect and amplify light in both the visual and near infra‑red bands of the electromagnetic spectrum.
night vision imaging system endorsement means an endorsement mentioned in column 1 of table 61.1025.
night vision imaging system proficiency check means an assessment, against the standards mentioned in the Part 61 Manual of Standards, of a pilot’s competency to pilot a helicopter using a night vision imaging system.
operational endorsement means any of the following endorsements:
(a) an aerial application endorsement;
(b) a flight activity endorsement;
(c) a flight examiner endorsement;
(d) an instrument endorsement;
(e) a low‑level endorsement;
(f) a night VFR endorsement;
(g) a night vision imaging system endorsement;
(h) a private instrument endorsement;
(i) a training endorsement;
(j) a flight engineer examiner endorsement;
(k) a flight engineer training endorsement.
operational rating means any of the following ratings:
(a) an aerial application rating;
(b) an examiner rating;
(c) an instructor rating;
(d) an instrument rating;
(e) a low‑level rating;
(f) a night VFR rating;
(g) a night vision imaging system rating;
(h) a private instrument rating.
operator proficiency check means an assessment conducted by an operator in accordance with its training and checking responsibilities under these Regulations of whether a person has the aeronautical skills and knowledge required by the operator.
overseas endorsement means an authorisation (however described) granted by the national aviation authority of a Contracting State, in accordance with Annex 1 to the Chicago Convention, that is equivalent to a flight crew endorsement.
overseas flight crew licence means an authorisation (however described) granted by the national aviation authority of a Contracting State, in accordance with Annex 1 to the Chicago Convention, that is equivalent to a flight crew licence.
overseas medical certificate means a medical certificate (however described) granted by the national aviation authority of a Contracting State, in accordance with Annex 1 to the Chicago Convention, that is equivalent to a medical certificate.
overseas rating means an authorisation (however described) granted by the national aviation authority of a Contracting State, in accordance with Annex 1 to the Chicago Convention, that is equivalent to a flight crew rating.
pilot , used as a noun,means a person authorised under this Part to manipulate the flight controls of an aircraft during flight.
pilot , used as a verb, means:
(a) to manipulate the flight controls of an aircraft during flight; or
(b) to occupy a flight control seat in an aircraft during flight.
pilot in command under supervision means a pilot, other than a student pilot, who performs the duties and functions of the pilot in command of an aircraft under the supervision of a pilot who is authorised by the operator of the aircraft to conduct the supervision.
pilot instructor means:
(a) a flight instructor; or
(b) a simulator instructor.
pilot licence means any of the following licences:
(a) an air transport pilot licence;
(b) a commercial pilot licence;
(c) a multi‑crew pilot licence;
(d) a private pilot licence;
(e) a recreational pilot licence;
(f) a student pilot licence.
private instrument endorsement means an endorsement mentioned in column 1 of table 61.935.
privilege , in relation to a flight crew licence, rating or endorsement, means an activity that the holder of the licence, rating or endorsement is authorised, under this Part, to conduct.
rating means a flight crew rating.
recent photograph , at a particular time, means a photograph taken within 6 months before that time.
recognised aeroplane means an aeroplane:
(a) that is on the register of aircraft kept by a Contracting State; or
(b) that is a State aircraft.
recognised foreign State means any of the following:
(a) Canada;
(b) Hong Kong;
(c) New Zealand;
(d) United States of America;
(e) the following EASA member States:
(i) Belgium;
(ii) Czech Republic;
(iii) Denmark;
(iv) Finland;
(v) France;
(vi) Germany;
(vii) Ireland;
(viii) Italy;
(ix) Netherlands;
(x) Norway;
(xi) Portugal;
(xii) Spain;
(xiii) Sweden;
(xiv) Switzerland;
(xv) United Kingdom;
(f) any other foreign country prescribed by a legislative instrument under regulation 61.047.
recognised gyroplane means a gyroplane:
(a) that is on the register of aircraft kept by a Contracting State; or
(b) that is a State aircraft.
recognised helicopter means a helicopter:
(a) that is on the register of aircraft kept by a Contracting State; or
(b) that is a State aircraft.
recognised powered‑lift aircraft means a powered‑lift aircraft:
(a) that is on the register of aircraft kept by a Contracting State; or
(b) that is a State aircraft.
recreational aviation administration organisation means:
(a) Recreational Aviation Australia Inc; or
(b) Australian Sport Rotorcraft Association Inc; or
(c) The Gliding Federation of Australia Inc.
recreational aviation medical practitioner’s certificate means a certificate from a medical practitioner to the effect that the holder meets the modified Austroads medical standards.
recreational pilot licence endorsement means an endorsement mentioned in regulation 61.485.
simulated flight engineer time means time spent in a flight simulation training device during which a flight engineer is performing the duties of a flight engineer.
simulated flight time means time spent in a flight simulation training device during which a pilot is performing the duties of a pilot.
simulated IMC means flight in an aircraft or flight simulation training device during which the pilot is prevented from viewing the external horizon.
simulator instructor means the holder of a simulator instructor rating.
single‑pilot operation means an operation in an aircraft, other than a multi‑crew operation.
single‑pilot type rating means a pilot type rating authorising its holder to pilot an aircraft of the type covered by the rating in a single‑pilot operation.
solo , in relation to a flight of an aircraft, means a flight in which the pilot is the sole occupant of the aircraft.
standard instrument departure means a departure under the IFR in accordance with an instrument departure procedure.
successfully participating in an operator’s approved cyclic training and proficiency program: a person issuccessfully participating , at a particular time, in an operator’s approved cyclic training and proficiency program that covers operations of a particular kind if:
(a) the person is employed by the operator; and
(b) the operator has an approved cyclic training and proficiency program; and
(c) the person has met the requirements under the program for entry into the program; and
(d) at that time, the person is permitted under the program to be assigned by the operator for unsupervised duty in an operation of that kind.
tethered flight time means the duration of a flight in a tethered helicopter.
tethered helicopter means a helicopter tethered to a base that allows hovering but not free flight.
training endorsement means an endorsement mentioned in column 1 of table 61.1235.
training provider , for a person undertaking flight training, means:
(a) the Part 141 or 142 operator conducting the training; or
(b) the person conducting the training who holds an approval under regulation 141.035 or 142.040 to conduct the training.
type rating means:
(a) a pilot type rating; or
(b) a flight engineer type rating; or
(c) a cruise relief type rating.
type specific : a rating or endorsement istype specific if the rating or endorsement applies only to an aircraft type that is specified on the rating or endorsement.
variant , in relation to an aircraft model (thefirst model ), means another aircraft model that CASA has prescribed by a legislative instrument under regulation 61.055 as a variant of the first model.
Each of the following is a
category of aircraft:
(a) aeroplane;
(b) helicopter;
(c) powered‑lift aircraft;
(d) gyroplane;
(e) airship.
(1) Each of the following is a
class of aircraft:
(a) single‑engine aeroplane;
(b) multi‑engine aeroplane;
(c) single‑engine helicopter;
(d) single‑engine gyroplane;
(e) airship.
(2) For this Part, thesingle‑engine aeroplane class includes:
(a) multi‑engine centre‑line thrust aeroplanes; and
(b) multi‑engine aeroplanes that are prescribed by a legislative instrument under regulation 61.050 (Prescription of multi‑engine aeroplanes included in single‑engine aeroplane class).
Aeroplane means an aeroplane that has flight controls providing control of the aeroplane in 3 axes.
(1)
Modified Austroads medical standards , in relation to the exercise of the privileges of a pilot licence, means the Austroads medical standards modified to provide that a person with any of the following medical histories or conditions does not meet the standards:
(a) subject to subregulation (2)—a history of cancer within the 5‑year period before the day the privileges of the licence are exercised;
(b) a history of ECG changes, with or without symptoms;
(c) subject to subregulation (3)—a history of heart failure;
(d) inability to hear a conversational speaking voice at a distance of 2 metres, whether unaided or with the assistance of a medically prescribed hearing aid;
(e) any musculoskeletal disability, disorder or disease of the bones, joints, muscles or tendons that would limit or restrict the normal manipulation of aircraft controls, or would require physical modifications to the aircraft to enable appropriate manipulation of the controls;
(f) a history of transient ischaemic attack;
(g) a history of multiple sclerosis, cerebral palsy or Parkinson’s disease;
(h) a history of one or more of the following in relation to a head injury:
(i) loss of consciousness;
(ii) post‑traumatic amnesia;
(iii) abnormal findings on head CT or MRI investigation;
(i) a history of renal colic or calculi;
(j) active vertigo or a history of benign paroxysmal positional vertigo.
(2) For paragraph (1) (a), a history of cancer for a person does not include a history of basal cell skin cancers if:
(a) each basal cell skin cancer has been treated by excision with no metastasized sequelae; and
(b) since at least the last occurrence of a basal cell skin cancer, the person has been under active and continuous case management by a medical practitioner who is a specialist oncology physician or surgeon (the
treating practitioner ); and(c) the person is assessed for the issue of a recreational aviation medical practitioner’s certificate by the treating practitioner or, if the treating practitioner is not available, by another medical practitioner with knowledge of the person’s basal cell skin cancer history.
(3) For paragraph (1) (c), a history of heart failure for a person does not include a history in which the person meets all of the following requirements:
(a) the person has not had an episode of heart failure for at least the previous 3 years;
(b) since at least the last episode of heart failure, the person has been under active and continuous case management by a medical practitioner who is a specialist cardiovascular physician or surgeon (the
treating practitioner );(c) the person is assessed for the issue of a recreational aviation medical practitioner’s certificate by the treating practitioner or, if the treating practitioner is not available, by another medical practitioner with knowledge of the person’s history of heart failure.
(4) In this regulation:
Austroads medical standards means the medical standards for the issue of an unconditional private motor vehicle driver’s licence, set out in the publicationAssessing fitness to drive for commercial and private vehicle drivers , published by Austroads in March 2012, or any later version as in force from time to time.Note: See
of Manual of Standards for Part 61
(1) For paragraph 98 (5A) (a) of the Act, CASA may issue a Manual of Standards for this Part that sets out matters relating to flight crew licences.
(2) In particular, the Manual of Standards may set out standards for the following:
(a) approvals under regulation 61.040;
(b) aeronautical and other knowledge required by this Part for the grant of a licence, rating or endorsement;
(c) flight training;
(d) other training and development requirements;
(e) flight tests;
(f) aviation and general English language proficiency;
(g) general operating competencies for aircraft of a particular class or type;
(h) competency in the use of an airborne collision avoidance system;
(i) flight reviews;
(j) competencies for solo flight;
(k) instrument proficiency checks;
(l) night vision imaging system proficiency checks;
(m) aerial application proficiency checks;
(n) instructor proficiency checks;
(o) competencies for glider pilot licences.
(1) If a provision of this Part refers to a person or organisation holding an approval under this regulation, the person or organisation may apply to CASA for the approval.
(2) Subject to regulation 11.055, CASA must grant the approval if the following requirements are met:
(a) if the approval relates to a course or program:
(i) the course or program covers all the units of competency mentioned in the Part 61 Manual of Standards for the course or program; and
(ii) the course or program meets the standards (if any) mentioned in the Part 61 Manual of Standards for the course or program;
(b) if the approval relates to any other thing for which there are standards in the Part 61 Manual of Standards—the thing meets the standards;
(c) for any other approval—the applicant meets the requirements (if any) for the approval mentioned in the provision.
(3) Subregulation 11.055 (1B) applies to the granting of an approval mentioned in paragraph 61.1515 (1) (b) (Limitations on exercise of privileges of glider pilot licences—general).
For paragraph 98 (5A) (a) of the Act, CASA may, by legislative instrument, prescribe qualification standards for flight simulation training devices.
For paragraph 98 (5A) (a) of the Act, CASA may, by legislative instrument, prescribe foreign countries as recognised foreign States.
For paragraph 98 (5A) (a) of the Act, CASA may, by legislative instrument, prescribe aeroplanes that are included in the single‑engine aeroplane class.
(1) For paragraph 98 (5A) (a) of the Act, CASA may, by legislative instrument, prescribe, for multi‑crew aircraft:
(a) the type ratings that may be granted for multi‑crew operation; and
(b) the aircraft models that are variants of each other; and
(c) in relation to each variant—the variants for which differences training is required; and
(d) the type ratings for which the flight review or instrument proficiency check requirements may be met by completion of a single flight review; and
(e) the type ratings for which the instrument proficiency check requirements may be met by completion of a single instrument proficiency check.
(2) For paragraph 98 (5A) (a) of the Act, if 2 or more aircraft models are variants of each other, CASA may, by legislative instrument, prescribe that the models are no longer variants of each other only if satisfied that:
(a) the complexity of one of the models’ systems; or
(b) a difference in their performance or handling characteristics;
requires the provision of additional flight training to enable a person to pilot an aircraft of that model safely.
(1) For paragraph 98 (5A) (a) of the Act, CASA may, by legislative instrument, prescribe:
(a) for a type of aircraft that is certificated for single‑pilot operation—whether a single‑pilot type rating is required; and
(b) for aircraft for which single‑pilot type ratings are required:
(i) the type ratings that may be granted for single‑pilot operation; and
(ii) the aircraft models that are variants of each other; and
(iii) in relation to each variant—the variants for which differences training is required; and
(c) the type ratings for which the flight review or instrument proficiency check requirements may be met by completion of a single flight review; and
(d) the type ratings for which the instrument proficiency check requirements may be met by completion of a single instrument proficiency check.
(2) However, CASA may prescribe that a single‑pilot type rating is required for an aircraft only if satisfied that:
(a) the complexity of the aircraft’s systems; or
(b) its performance or handling characteristics;
requires the provision of additional flight training to enable a person to pilot an aircraft of that type safely.
(1) The holder of a flight crew licence commits an offence if:
(a) the holder conducts an activity mentioned in this Part while:
(i) piloting a registered aircraft; or
(ii) acting as flight engineer of a registered aircraft; or
(iii) acting as an instructor or examiner; and
(b) the holder is not authorised under this Part to conduct the activity.
Penalty: 50 penalty units.
(2) An offence against this regulation, other than an offence for a contravention of regulation 61.385 (Limitations on exercise of privileges of pilot licences—general competency requirement), is an offence of strict liability.
Note: See also subsection 20AB (1) of the Act for an offence of performing any duty that is essential to the operation of an Australian aircraft during flight time without holding a relevant civil aviation authorisation or being otherwise authorised by or under these Regulations to perform the duty.
For this Division:
flight means flight in:
(a) an aeroplane; or
(b) a helicopter, other than a tethered helicopter; or
(c) an airship; or
(d) a glider, other than a hang glider; or
(e) a gyroplane; or
(f) a powered‑lift aircraft.
A person’s
aeronautical experience is as follows:
(a) for a pilot—the total of:
(i) the person’s flight time as a pilot; and
(ii) the person’s simulated flight time; and
(iii) the person’s tethered flight time;
(b) for a flight engineer—the total of:
(i) the person’s flight time as a flight engineer; and
(ii) the person’s simulated flight engineer time.
A person’s
flight time as a pilot is:
(a) the duration of the following flights:
(i) a solo flight by the person;
(ii) a flight in which the person receives flight training;
(iii) if the person is a flight instructor—a flight during which the person exercises the privileges of his or her flight instructor rating;
(iv) if the person is a flight examiner—a flight during which the person exercises the privileges of his or her flight examiner rating; and
(b) the person’s flight time as pilot in command; and
(c) the person’s flight time as pilot in command under supervision; and
(d) the person’s flight time as a co‑pilot.
A person’s
flight time as a co‑pilot is any period, during flight in an aircraft that, under these Regulations, must be flown with a flight crew of at least 2 pilots, in which the person is performing co‑pilot duties other than as pilot in command under supervision.Note: A co‑pilot is a pilot on board an aircraft in a piloting capacity other than the pilot in command or a pilot who is on board the aircraft for the sole purpose of receiving flight training: see the definition of
co‑pilot in Part 1 of the Dictionary.
A person’s
flight time as pilot in command of an aircraft is the duration of a flight for which the person is the pilot in command of the aircraft.
(1) A person’s
flight time as pilot in command under supervision is the duration of a flight if:
(a) the person holds a pilot licence, other than a student pilot licence; and
(b) the person performs all the duties of the pilot in command for the flight; and
(c) subregulation (2) or (3) applies to the flight.
(2) For paragraph (1) (c), this subregulation applies to the flight if:
(a) the flight is conducted by an operator that has training and checking responsibilities; and
(b) the pilot in command of the flight is authorised by the operator or the operator’s Part 142 operator to conduct the supervision of the person.
(3) For paragraph (1) (c), this subregulation applies to the flight if:
(a) the person is supervised by a flight instructor or flight examiner; and
(b) the person is not receiving flight training or taking a flight test.
A person’s
flight time as a flight engineer is:
(a) if the person is a flight engineer—the duration of a flight during which the person performs the duties of a flight engineer; and
(b) if the person is a flight engineer instructor—the duration of a flight during which the person exercises the privileges of his or her flight engineer instructor rating; and
(c) if the person is a flight engineer examiner—the duration of a flight during which the person exercises the privileges of his or her flight engineer examiner rating; and
(d) if the person is the holder of a cruise relief flight engineer type rating—any time spent performing the duties of a flight engineer during flight.
(1) A person’s
instrument flight time is:
(a) for the holder of an authorisation mentioned in subregulation (2) other than a flight instructor or flight examiner—any time spent piloting an aircraft solely by reference to instruments and without external visual reference points in IMC or simulated IMC; and
(b) for a person who does not hold an authorisation mentioned in subregulation (2)—any dual instrument flight time; and
(c) for a flight instructor—any time spent conducting training mentioned in regulation 61.1165, or a flight review, during dual instrument flight time in IMC; and
(d) for a flight examiner—any time spent conducting a flight test or proficiency check during dual instrument flight time in IMC.
(2) For paragraph (1) (a), the authorisations are as follows:
(a) an instrument rating;
(b) a private instrument rating;
(c) for flight in an aeroplane or powered‑lift aircraft—an air transport pilot licence;
(d) for flight in an aeroplane—a multi‑crew pilot licence.
A person’s
instrument ground time is:
(a) for the holder of an authorisation mentioned in subregulation 61.105 (2) other than a simulator instructor or flight examiner—any time spent conducting simulated flight in a flight simulation training device solely by reference to instruments and without simulated external visual reference points; and
(b) for a person who does not hold an authorisation mentioned in subregulation 61.105 (2)—any dual instrument ground time; and
(c) for a simulator instructor—any time spent conducting training mentioned in regulation 61.1190, or a flight review, during dual instrument ground time; and
(d) for a flight examiner—any time spent conducting a flight test or proficiency check during dual instrument ground time.
(1) A person who does not hold a pilot licence is authorised to pilot a registered 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 a pilot licence or a flight crew rating or endorsement on a pilot licence.
(2) 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.
A person who does not hold a flight crew licence, or who holds a recreational pilot licence but does not hold a flight radio endorsement, is authorised to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation if:
(a) the transmission is made while receiving training for a flight crew licence; and
(b) the transmission is approved and supervised by an instructor; and
(c) the transmission is for the purpose of:
(i) safely conducting a flight that is approved by a flight instructor; or
(ii) receiving training in the use of an aircraft radio.
Note: A person is prohibited from transmitting on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation unless the person is qualified to do so: see regulation 83 of CAR.
(1) A person who holds a pilot licence, but does not hold a rating or endorsement for the conduct of an activity for which a rating or endorsement is required under this Part, is authorised to conduct the activity if:
(a) the activity is conducted while:
(i) receiving flight training for the rating or endorsement; or
(ii) taking a flight test for the rating or endorsement; or
(iii) meeting the aeronautical experience requirements for the rating or endorsement; and
(b) the activity is approved by, and conducted under the supervision of, a flight instructor.
(2) A person who holds a flight engineer licence, but does not hold a rating or endorsement for the conduct of an activity for which a rating or endorsement is required under this Part, is authorised to conduct the activity if:
(a) the activity is conducted while:
(i) receiving flight training for the rating or endorsement; or
(ii) taking a flight test for the rating or endorsement; or
(iii) meeting the aeronautical experience requirements for the rating or endorsement; and
(b) the activity is approved by, and conducted under the supervision of, a flight engineer instructor.
(1) This regulation applies to a person who, apart from this regulation, would not be authorised under this Part to pilot a helicopter.
(2) The person is authorised to pilot the helicopter using the helicopter’s auto flight control system if:
(a) the person is approved to do so by the helicopter’s:
(i) operator; and
(ii) pilot in command; and
(b) the person does so under the supervision of the pilot in command.
(1) An instructor may apply to CASA, in writing, for authorisation to conduct training for the grant of a pilot type rating or flight engineer type rating in an aircraft for which the instructor does not hold the rating.
(2) An examiner may apply to CASA, in writing, for authorisation to conduct a flight test required for the grant of a pilot type rating or flight engineer type rating for an aircraft for which the examiner does not hold:
(a) the pilot type rating or flight engineer type rating; or
(b) a training endorsement; or
(c) a flight test endorsement.
(3) Subject to regulation 11.055, CASA must grant the authorisation.
(4) Subject to regulations 141.050 and 142.050, if CASA grants the authorisation, the person is authorised to conduct the training or flight test in accordance with the authorisation.
(1) The holder of a flight crew licence may apply to CASA, in writing, for authorisation to act as a flight crew member of an aircraft for which the person does not hold a pilot type rating or flight engineer type rating during a flight conducted for the purpose of:
(a) testing the aircraft; or
(b) conducting an experiment in relation to the aircraft.
(2) Subject to regulation 11.055, CASA must grant the authorisation.
(3) If CASA grants the authorisation, the person is authorised to act as a flight crew member during the flight in accordance with the authorisation.
A person is authorised to pilot a glider without holding a glider pilot licence if the person:
(a) holds a pilot certificate, granted by a recreational aviation administration organisation that administers glider activities, that permits the holder to pilot a glider or motorised glider as pilot in command; and
(b) operates the glider in accordance with the organisation’s operations manual.
(1) CASA may grant any flight crew licence, rating or endorsement.
(2) Subject to subregulation (8) and regulation 61.1265, a flight examiner may grant the following:
(a) a rating on a pilot licence, other than:
(i) an aircraft category rating; or
(ii) a flight examiner rating; or
(iii) a cruise relief flight engineer type rating;
(b) an endorsement on a pilot licence, other than a flight test endorsement.
(3) Subject to subregulation (8) and regulations 61.1175 and 61.1200, a pilot instructor may grant an endorsement on a pilot licence, other than:
(a) a flight examiner endorsement; or
(b) a training endorsement mentioned in Part 1 or 2 of table 61.1235; or
(c) an endorsement for which a flight test is required under this Part.
(4) Subject to subregulation (8) and regulation 61.1455, a flight engineer examiner may grant the following:
(a) a rating on a flight engineer licence, other than a flight engineer examiner rating;
(b) an endorsement on a flight engineer licence, other than a flight engineer flight test endorsement;
(c) a cruise relief flight engineer type rating.
(5) Subject to subregulation (8) and regulation 61.1405, a flight engineer instructor may grant a flight engineer training endorsement.
(6) Subject to subregulation (8) and the limitations (if any) of the person’s approval, the holder of an approval under regulation 141.035 or 142.040 (an
approval holder ) may grant a flight crew endorsement for which the holder is approved to conduct flight training.(7) Subject to subregulation (8) and the limitations (if any) of the person’s approval, the holder of an approval under regulation 61.040 (also an
approval holder ) may grant the following:
(a) a flight crew rating, other than an examiner rating;
(b) a flight crew endorsement, other than a flight test endorsement or a flight engineer flight test endorsement.
(8) An examiner, instructor or approval holder cannot grant a flight crew rating or endorsement to a person if the person is taken to meet the requirements for the rating or endorsement under:
(a) regulation 61.275 (Overseas flight crew authorisations—recognition); or
(b) regulation 61.285 (Australian Defence Force qualifications—recognition).
Note: A flight crew licence, rating or endorsement granted under a bilateral agreement may only be granted by CASA: see regulation 61.280.
(1) An application for a flight crew licence, rating or endorsement must be made to a person who may grant the licence, rating or endorsement.
Note: See Subpart 11.B, in particular, regulation 11.030, about applications for authorisations.
(2) The application must:
(a) be in writing; and
(b) if the application is for a flight crew licence—be accompanied by a recent photograph of the applicant, showing the applicant’s full face and his or her head and shoulders; and
(c) if the application is for a pilot licence, other than a student pilot licence—include an application for an aircraft category rating.
(3) If the requirements for the grant of a flight crew licence, rating or endorsement (the
second authorisation ) include a requirement that the applicant hold, or be eligible for, another flight crew licence, rating or endorsement (thefirst authorisation ), a person may:
(2)A balloon flight review must:
(a) be conducted only by an appropriate person in a balloon for which the pilot holds a balloon class endorsement; and
(b) include at least:
(i) 1 inflation of the balloon envelope; and
(ii) 30 minutes of flight time; and
(iii) 1 deflation of the balloon envelope.
(3) If:
(a) a commercial (balloon) pilot undertakes a balloon flight review; and
(b) the requirements of subregulation (2) are not satisfied in relation to the review;
the pilot is taken not to have satisfactorily completed the review.
(4)A person commits an offence if:
(a) the person conducts a balloon flight review of a commercial (balloon) pilot; and
(b) the pilot satisfactorily completes the review; and
(c) the person is satisfied that the pilot is able to safely fly a balloon in aerial work operations or charter operations; and
(d) the person does not make an entry in the pilot’s personal log book to the effect that the pilot has satisfactorily completed the review.
Penalty: 50 penalty units.
(5)For this regulation, a commercial (balloon) pilot is taken to have satisfactorily completed a balloon flight review if, within the period of 2 years immediately before the day of a proposed flight, the pilot has:
(a) passed a flight test conducted for the purpose of:
(i) the issue of a commercial pilot (balloon) licence; or
(ii) the issue, or renewal, of a flight instructor (balloon) rating; or
(b) satisfactorily completed a balloon proficiency check; or
(c) satisfactorily completed balloon conversion training given by the holder of a flight instructor (balloon) rating.
(6) An offence against this regulation is an offence of strict liability.
(7) In this regulation:
appropriate person means:
(a) an authorised balloon flight instructor; or
(b) a CASA flying operations inspector; or
(c) an authorised person.
balloon conversion training means training undertaken by a commercial (balloon) pilot for the purpose of qualifying for a balloon class endorsement.
balloon flight review means a test of the aeronautical skills and aeronautical knowledge of the person undertaking the review that are relevant to the safe flight of balloons in aerial work operations or charter operations.
(1)A commercial (balloon) pilot commits an offence if the pilot:
(a) flies as pilot in command of a balloon that is engaged in charter operations; and
(b) has not, within the period of 90 days immediately before the day of the flight, undertaken at least 1 flight as pilot in command, or pilot acting in command under supervision, of a balloon.
Penalty: 50 penalty units.
(2)For subregulation (1), the flight must include:
(a) at least 1 inflation of the balloon envelope; and
(b) at least 30 minutes of free flight time; and
(c) at least 1 deflation of the balloon envelope.
(3) An offence against this regulation is an offence of strict liability.
For paragraph 5.138 (1) (g), a person’s aeronautical experience must consist of at least 75 hours flight time as pilot in command of a balloon that includes at least:
(a) 60 hours of free flight time; and
(b) 5 hours of tethered flight time.
For paragraph 5.138 (1) (f), a course of balloon flying training must:
(a) consist of at least 8 hours of balloon flying training that:
(i) is undertaken by a person within the period of 1 year immediately before the day on which the person attempts the commercial pilot (balloon) licence flight test; and
(ii) includes at least 3 flights in a free balloon and 1 flight in a tethered balloon; and
(iii) includes at least 3 inflations, and 3 deflations, of a balloon envelope; and
(b) be conducted in accordance with the relevant balloon syllabus; and
(c) be conducted by an authorised balloon flight instructor.
(1)A commercial pilot (balloon) licence flight test must be conducted only by a CASA flying operations inspector or an approved person in a balloon for which the person attempting the test is qualified to hold a balloon class endorsement.
Note Requirements to qualify for class endorsements are set out in the Civil Aviation Orders.(2)An approved balloon testing officer, or a CASA flying operations inspector, commits an offence if:
(a) the officer or inspector conducts a commercial pilot (balloon) licence flight test; and
(b) the person attempting the test has not been recommended for the test by the chief balloon flying instructor of the balloon flying school where the person attempts the test.
Penalty: 50 penalty units.
(3)A chief balloon flying instructor commits an offence if:
(a) the chief balloon flying instructor recommends a person for a commercial pilot (balloon) licence flight test; and
(b) the person does not satisfy the requirements of paragraphs 5.138 (1) (b), (c), (d), (f) and (g).
Penalty: 50 penalty units.
(4)A chief balloon flying instructor commits an offence if:
(a) the chief balloon flying instructor recommends a person for a commercial pilot (balloon) licence flight test; and
(b) the person is not at least 17.
Penalty: 50 penalty units.
Note: Paragraph 5.138 (1) (a) requires a person to be 18 to qualify for the licence.
(5) If:
(a) a person attempts a commercial pilot (balloon) licence flight test; and
(b) the requirements of subregulations (1), (2), (3) and (4) are not satisfied in relation to the attempt;
the person is taken not to have passed the test.
(6)CASA may approve a person for subregulation (1) to conduct a commercial pilot (balloon) flight test.
(7) An offence against this regulation is an offence of strict liability.
substitute
(1) A person commits an offence if:
(a) the person transmits on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation; and
(b) the person is not qualified to transmit on the radio frequency.
Penalty: 50 penalty units.
(2) For paragraph (1) (b), a person is qualified to transmit on a radio frequency of a kind mentioned in paragraph (1) (a) if the person:
(a) holds a flight radiotelephone operator licence within the meaning of subregulation 5.01 (1); or
(b) is authorised to transmit on the frequency under Part 61, 64 or 65 of CASR; or
(c) for a pilot flying a foreign registered aircraft—is authorised (however described) to transmit on the frequency under the law of the aircraft’s State of registry.
(3) An offence against this regulation is an offence of strict liability.
omit
substitute
(1) The pilot in command of an aircraft commits an offence if:
(a) he or she permits anything to be towed by the aircraft; and
(b) the requirement mentioned in subregulation (1A) is not met.
Penalty: 50 penalty units.
(1A) For paragraph (1) (b), the requirement is that the towing must be:
(a) permitted by this regulation; or
(b) authorised under Part 61 of CASR.
substitute
(1) The pilot in command of an aircraft commits an offence if the pilot conducts an aerobatic manoeuvre at night.
Penalty: 25 penalty units.
(2) The pilot in command of an aircraft commits an offence if the pilot conducts an aerobatic manoeuvre that is not in VMC.
Penalty: 25 penalty units.
(3) The pilot in command of an aircraft commits an offence if:
(a) the pilot conducts a particular kind of aerobatic manoeuvre; and
(b) neither of the following state that the aircraft may perform that kind of aerobatic manoeuvre:
(i) the aircraft’s certificate of airworthiness;
(ii) the aircraft’s flight manual.
Penalty: 25 penalty units.
(4) A person commits an offence if:
(a) the person conducts an aerobatic manoeuvre over a populous area or public gathering; and
(b) the person does not have CASA’s written permission to do so.
Penalty: 25 penalty units.
(5)The pilot in command of an aircraft commits an offence if:
(a) the pilot conducts an aerobatic manoeuvre; and
(b) the pilot does not, before conducting the aerobatic manoeuvre, take any action that is necessary to ensure that each of the following requirements are met:
(i) any loose articles must be removed from the aircraft or made secure in the aircraft;
(ii) all locker and compartment doors of the aircraft must be fastened;
(iii) the safety harness or seat belt of any vacant seat must be made secure so as to avoid the fouling of the controls of the aircraft;
(iv) the dual controls (if any) of the aircraft must be removed from the aircraft or rendered inoperative, unless the control seats are occupied in accordance with regulation 226 or the dual control seat is vacant;
(v) every person in the aircraft must be secured with a correctly adjusted safety harness or seat belt.
Penalty: 25 penalty units.
(6) An offence against this regulation is an offence of strict liability.
omit a regatta, race meeting or public gathering
insert a public gathering
substitute
(c) the pilot of the aircraft is receiving flight training in low‑level operations or aerial application operations, within the meaning of Part 61 of CASR; or
substitute
(a) each of the pilots in command is authorised, under Part 61 of CASR, to fly in formation;
omit
omit
omit
substitute
(vi) balloon flying training (within the meaning of subregulation 5.01 (1)) for the grant of a balloon flight crew licence or rating;
omit
insert
(1)CASA may, in writing, give directions to a licence holder or an aircraft operator about any of the following:
(a) the number of hours that a licence holder may fly in any period as a member of the flight crew of an aircraft;
(b) the length of each tour of duty undertaken by a licence holder;
(c) the length of reserve time for a licence holder;
(d) the rest periods that must be taken by a licence holder;
(e) the circumstances in which a licence holder must not:
(i) fly as a member of the flight crew of an aircraft; or
(ii) perform any other duty associated with his or her employment.
(2)CASA may, in writing, give directions to an aircraft operator about the circumstances in which an operator must not require a licence holder:
(a) to fly as a member of the flight crew of an aircraft; or
(b) perform any other duty associated with the holder’s employment.
(3) A person commits an offence if:
(a) CASA gives the person a direction under subregulation (1) or (2); and
(b) the person does not comply with the direction.
Penalty: 50 penalty units.
(4) An offence against this regulation is an offence of strict liability.
(5) In this regulation:
licence holder means the holder of:
(a) a flight crew licence, rating or endorsement; or
(b) a certificate of validation; or
(c) any of the following within the meaning of subregulation 5.01 (1):
(i) a balloon class endorsement;
(ii) a balloon flight crew rating;
(iii) a CAR certificate of validation;
(iv) a commercial (balloon) pilot licence;
(v) a flight radiotelephone operator licence.
reserve time means a period during which a flight crew member is required by an operator to hold himself or herself available for a tour of duty.
rest period means a period of time during which a flight crew member is relieved by an operator of all duties associated with his or her employment.
tour of duty , for a flight crew member:
(a) means a period when the member begins any duties associated with his or her employment before making a flight or series of flights until when 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.
(1)The operator of an aircraft commits an offence if:
(a) the operator permits a person to pilot the aircraft as pilot in command under supervision; and
(b) the person is not authorised under Part 61 to pilot the aircraft as pilot in command under supervision.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
insert
(1)The operator and pilot in command of an Australian aircraft each commit an offence if:
(a) a flight of the aircraft is a commercial operation; and
(b) a passenger is carried on the flight; and
(c) the pilot in command of the aircraft is at least 60; and
(d) the aircraft is an aircraft of a category mentioned in subregulation (2).
Penalty: 50 penalty units.
(2) For paragraph (1) (d), the aircraft categories are the following:
(a)
an aeroplane; (b)
a helicopter; (c)
a powered‑lift aircraft; (d)
a gyroplane; (e)
an airship. (3)Subregulation (1) does not apply if:
(a) the aircraft:
(i) is fitted with fully functioning dual controls; and
(ii) has a flight crew that includes a qualified pilot for the aircraft who is not the pilot in command; or
(b) the pilot in command is successfully participating in an operator’s approved cyclic training and proficiency program; or
(c) if the pilot in command is less than 65—the pilot in command has met the requirement mentioned in subregulation (4) within one year before the day of the flight; or
(d) if the pilot in command is at least 65—the pilot in command has met the requirement mentioned in subregulation (4) within 6 months before the day of the flight.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (3): see subsection 13.3 (3) of the
Criminal Code .
(4) For paragraphs (3) (c) and (d), the requirement is that the pilot in command has successfully completed an operator proficiency check or flight review in an aircraft of the same category or an approved flight simulator for the category of aircraft.
(5) An offence against this regulation is an offence of strict liability.
(6) In this regulation:
approved flight simulator : see regulation 61.010 of CASR.
category , of aircraft: see regulation 61.010 of CASR.
qualified pilot , for a flight of an aircraft, means the holder of an air transport or commercial pilot licence who:
(a) is authorised under Part 61 of CASR to pilot the aircraft; and
(b) either:
(i) is less than 60; or
(ii) meets the requirements of paragraph (3) (b), (c) or (d).
substitute
For regulations 229 and 230, a person is
qualified to taxi an aircraft if:
(a) the person is authorised to taxi the aircraft under Part 61 or 64; or
(b) for a foreign registered aircraft—the person is authorised (however described) to taxi or fly the aircraft under the law of the aircraft’s State of registry.
(1) A person commits an offence if:
(a) the person taxis an aircraft; and
(b) the person is not qualified to taxi the aircraft.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
omit or by a person who may, under Part 5, fly the aircraft.
insert or by a person who is qualified to taxi the aircraft.
substitute
(a) flying training given to:
(i) the holder of a student pilot licence; or
(ii) a person who does not hold a flight crew licence or a commercial (balloon) pilot licence within the meaning of subregulation 5.01 (1);
omit aircraft endorsement
insert aircraft class or type rating
omit aircraft endorsement
insert aircraft class or type rating
substitute
(a) the pilot in command holds:
(i) a commercial pilot licence or air transport pilot licence, with appropriate flight crew ratings and endorsements for a flight of that kind; or
(ii) if the aircraft is a balloon—a commercial pilot (balloon) licence, with the appropriate balloon class endorsement, and any appropriate balloon flight crew rating, within the meaning of subregulation 5.01 (1), for a flight of that kind; and
omit aircraft endorsement
insert aircraft class or type rating
27
Subregulation 263 (1), definition of certificate
substitute
certificate means:
(a) a certificate under Division 3 of Part 4; or
(b) a certificate of validation; or
(c) a CAR certificate of validation within the meaning of subregulation 5.01 (1).
substitute
licence means:
(a) an aircraft engineer licence; or
(b) a flight crew licence, rating or endorsement; or
(c) any of the following within the meaning of subregulation 5.01 (1):
(i) a balloon class endorsement;
(ii) a balloon flight crew rating;
(iii) a commercial (balloon) pilot licence;
(iv) a flight radiotelephone operator licence.
omit
substitute
CASA must not refuse to grant a certificate under Division 3 of Part 4 except on one or more of the following grounds:
(a) that the applicant has failed to satisfy a requirement prescribed by or specified under these Regulations in relation to the grant of the certificate;
(b) that the applicant has made in, or in connection with, the application a statement that was false or misleading in a material particular;
(c) that a court has made an order under section 30A of the Act in relation to the applicant;
(d) in relation to the initial issue of a certificate:
(i) that the applicant was the holder of a certificate that was previously cancelled; or
(ii) that the applicant is not a fit and proper person to have the responsibilities and exercise and perform the functions and duties of a holder of the certificate.
omit regulation 5.38, 107 or 117; or
insert regulation 299; or
substitute
33 Subregulation 298A (8), definition of aircraft endorsement omit 34 Subregulation 298A (8), definition of certificate , paragraph (b) substitute (b) a certificate under Part 8; or
(c) a certificate of validation; or
(d) a CAR certificate of validation within the meaning of subregulation 5.01 (1).
35 Subregulation 298A (8), definition of endorsement , paragraph (b) substitute (b) a flight crew endorsement; or
(ba) a balloon class endorsement within the meaning of subregulation 5.01 (1); or
36 Subregulation 298A (8), definition of licence , after paragraph (b) insert (ba) a balloon flight crew licence within the meaning of subregulation 5.01 (1); or
37 Subregulation 298A (8), definition of rating , after paragraph (a) insert (aa) a balloon flight crew rating within the meaning of subregulation 5.01 (1); or
insert
(1) This regulation applies to the holder of any of the following:
(a) a flight crew licence, rating or endorsement;
(b) a certificate of validation;
(c) any of the following within the meaning of subregulation 5.01 (1):
(i) a balloon class endorsement;
(ii) a balloon flight crew rating;
(iii) a CAR certificate of validation;
(iv) a commercial (balloon) pilot licence;
(v) a flight radiotelephone operator licence.
(2)If CASA considers it necessary in the interests of the safety of air navigation, CASA may give the holder a notice in writing:
(a) requiring the holder to undertake an examination specified by CASA to demonstrate that the holder continues to possess the aeronautical skills and aeronautical knowledge appropriate to the licence, rating, endorsement or certificate; and
(b) setting out the reasons for CASA’s decision; and
(c) setting out the time and place of the examination.
Note: A decision to require a person to undertake an examination is reviewable by the Administrative Appeals Tribunal: see regulation 297A.
(3)CASA must not set out a time under paragraph (2) (c) that is within 21 days after the date of the notice.
(4)A person who is given a notice under subregulation (2) commits an offence if the person:
(a) refuses to undertake an examination; or
(b) fails to attend at the time and place set out in the notice.
Penalty: 50 penalty units.
(5) An offence against this regulation is an offence of strict liability.
omit other than a flight crew licence or a special pilot licence,
insert other than a flight crew licence,
substitute
(2) In this regulation:
licence includes:
(a) a flight crew rating or endorsement; or
(b) a balloon flight crew rating or balloon class endorsement within the meaning of subregulation 5.01 (1).
insert
(1) Subregulation (2) applies to a balloon‑related civil aviation authorisation issued under Part 5 if the authorisation was in force immediately before 1 September 2014.
(2) Despite the substitution of Part 5 on 1 September 2014, the authorisation continues in force according to its terms as if the substitution had not occurred.
(3) Subregulation (4) applies to a balloon‑related civil aviation authorisation if the authorisation was under suspension immediately before 1 September 2014.
(4) Despite the substitution of Part 5 on 1 September 2014, the authorisation is not repealed, and its suspension continues according to its terms, as if the substitution had not occurred.
(1) This regulation applies to a Civil Aviation Order made under a provision mentioned in subregulation (2) if the Order:
(a) was in force immediately before 1 September 2014; and
(b) related to balloons.
(2) For subregulation (1) the provisions are the following:
(a) regulation 5.14;
(b) regulation 5.17;
(c) regulation 5.19;
(d) regulation 5.20;
(e) regulation 5.52;
(f) regulation 5.58;
(g) regulation 5.59.
(3) Despite the substitution of Part 5 on 1 September 2014, the Civil Aviation Order continues in force according to its terms to the extent that it relates to balloons as if the substitution had not occurred.
(1) This regulation applies to a Civil Aviation Order made under regulation 5.55 if the Order was in force immediately before 1 September 2014.
(2) The Civil Aviation Order continues in force according to its terms as if it had been made on 1 September 2014 under regulation 210A.
The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
ad = added or inserted | pres = present |
am = amended | prev = previous |
c = clause(s) | (prev) = previously |
Ch = Chapter(s) | Pt = Part(s) |
def = definition(s) | r = regulation(s)/rule(s) |
Dict = Dictionary | Reg = Regulation/Regulations |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expired or ceased to have effect | rep = repealed |
hdg = heading(s) | rs = repealed and substituted |
LI = Legislative Instrument | s = section(s) |
LIA = | Sch = Schedule(s) |
mod = modified/modification | Sdiv = Subdivision(s) |
No = Number(s) | SLI = Select Legislative Instrument |
o = order(s) | SR = Statutory Rules |
Ord = Ordinance | Sub‑Ch = Sub‑Chapter(s) |
orig = original | SubPt = Subpart(s) |
|
5, 2013 | 19 Feb 2013 ( | ( | |
254, 2013 | 25 Nov 2013 ( | 1 (items 2–10): 26 Nov 2013 | — |
274, 2013 | 17 Dec 2013 ( | Sch 2: 18 Dec 2013 | — |
s 2......................................... | am No 254, 2013 |
hdg to Sch 1........................... | am No 274, 2013 |
item 15................................... | am No 254, 2013 |
item 44................................... | am No 254, 2013 |
item 45................................... | am No 254, 2013 |
item 41................................... | am No 254, 2013 |
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