Civil Aviation Order 40.0 Amendment Order (No. 1) 2006 (Cth)

I, William Bruce Byron, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 5.11 of the Civil Aviation Regulations 1988.

[Signed Bruce Byron]

Bruce Byron

Director of Aviation Safety and

   Chief Executive Officer

28 November 2006

Civil Aviation Order 40.0 Amendment Order (No. 1) 2006

1          Name of instrument

            This instrument is the Civil Aviation Order 40.0 Amendment Order (No. 1) 2006.

2          Commencement

            This instrument commences on the day after it is registered.

3          Amendment of Civil Aviation Order 40.0

             Schedule 1amends Civil Aviation Order 40.0.

Schedule 1          Amendment

[1]        After subsection 4

insert

5          ACAS requirements

   5.1     For regulation 5.11, it is a condition of each private pilot licence, commercial pilot licence and air transport pilot licence that its holder may act as the pilot in command of an Australian aircraft with an activated ACAS only if:

(a)   the holder is an employee:

             (i)  who is acting in the course of his or her duties for an operator who has a training and checking organisation (TCO) approved under regulation 217; and

            (ii)  who has been assessed by an appropriate person in the TCO, in accordance with its training and checking manual (the T&C manual), as meeting the competency standards mentioned in the ACAS syllabus (the competency standards); and

            (iii)  whose assessment is current under the terms of the T&C manual; or

(b)   not earlier than 24 months before acting — an appropriate person has:

             (i)  certified in the holder’s personal logbook that he or she meets the competency standards; and

            (ii)  signed the holder’s achievement record to this effect; or

Note   The form of the achievement record is set out in the competency standards.

(c)   an appropriate person is instructing or assessing the holder to determine whether he or she meets the competency standards.

   5.2     In this subsection:

ACAS means an approved TCAS II within the meaning given by regulation 262AB of the Civil Aviation Regulations 1988 (CAR 1988).

ACAS syllabus means the syllabus prepared and published by CASA under paragraph 5.59 (h) of CAR 1988.

appropriate person means:

(a)   a CASA flying operations inspector; or

(b)   the holder of a grade 1, grade 2 or grade 3 flight instructor rating whose personal log book is certified in accordance with subparagraph 5.1 (b); or

(c)   a person approved by CASA; or

(d)   for sub-subparagraph 5.1 (a) (ii) — a person approved by the operator to provide training and checking in accordance with the operator’s T&C manual.

certified means certified in accordance with the competency standards.

Note   The form for certification is set out in the competency standards.