CASA 255/14 - Approval — to conduct flight tests for a training endorsement mentioned in Table 61.1235 of CASR 1998

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2014L01350 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Approval — to conduct flight tests for a training endorsement mentioned in Table 61.1235 of CASR 1998

 

Legislation

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the
Governor-General may make regulations for the Act and the safety of air navigation. Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation of aircraft.

 

Regulation 61.245 of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides, among other things, that a flight test for a flight crew licence, rating or endorsement must be conducted by an examiner or the holder of an approval under section 61.040 of CASR 1998 to conduct the flight test. Table 61.1235 sets out the kinds of endorsements for licences and aircraft ratings that may be tested and issued by an examiner or the holder of an approval. 

 

Subregulation 61.040 (1) provides that if a provision in Part 61 refers to a person or organisation holding an approval, the person or organisation may apply to CASA for the approval. Subregulation 61.040 (2) provides that, among other things, CASA must grant the approval if applicants meet the requirements specified in the Part 61 Manual of Standards.

 

Under subregulation 11.056 (1) of CASR 1998, CASA may grant an authorisation subject to any condition that CASA is satisfied is necessary in the interests of the safety of air navigation. 

 

Instrument

On 1 September 2014, the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014 inserted Part 61 into CASR 1998 and repealed a substantial portion of Part 5 of the Civil Aviation Regulations 1988 (CAR 1988) which dealt with flight crew licencing. Part 61 of CASR replaces Part 5 of CAR 1988 and deals with the licensing scheme for pilots and flight engineers of registered aircraft.

 

After implementation of Part 61 of CASR 1998, CASA received feedback from industry that included concerns on whether delegations to flight instructors for the testing and issue of Part 61 endorsements were sufficient. CASA subsequently reviewed existing arrangements and concluded that a range of endorsements set out in Table 61.1235 did not readily carry across from previously delegated provisions under Part 5 of CAR 1988. Consequently, this instrument approves persons who held delegations under Part 5 of CAR or Part 40 of the Civil Aviation Orders (pilot licences and ratings) immediately before 1 September 2014, as being approved to conduct a flight test for the corresponding Part 61 endorsement as set out in Schedules 1 and 2 of the instrument.

 

The approval is subject to a number of conditions, including that on the day of the flight test the approved person must meet experience requirements specified in Schedule 3 for the relevant endorsement, as well as have clear records in his or her pilot log book for each relevant operation showing the date, pilot in command and total flight time.

 

 

 

Legislative Instruments Act

Under section 98 (5A) (a) of the Act, CASA may issue instruments, including approvals, in relation to a matter that affects the safe navigation and operation of aircraft. For section 98 (5AA) of the Act, an instrument issued under section 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply to a class of persons. CASA 255/14 applies to any person who held a delegation under Part 5 of CAR 1988 or Part 40 of the Civil Aviation Orders as specified in Schedules 1 and 2 of the instrument, and is therefore a legislative instrument. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

In September 2014, industry provided feedback to CASA on the operation of the new Part 61 provisions and raised concerns on whether flight instructors had an adequate level of delegation to continue testing and issuing endorsements under Part 61. CASA has issued this instrument to cover the legislative gap, approving flight instructors to continue their testing activities. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).

 

Making and commencement

The exemption has been issued by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

The instrument commences on the day of registration and expires at the end of June  2016, as if it had been repealed by another instrument.

 

[Instrument number CASA 255/14]

 

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Approval — to conduct flight tests for a training endorsement mentioned in Table 61.1235 of CASR 1998
 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The legislative instrument approves holders of flight testing delegations under Part 5 of the Civil Aviation Regulations 1988, immediately before 1 September 2014, as being approved to conduct flight testing for the corresponding endorsement in Part 61 of the Civil Aviation Safety Regulations 1998, as set out in the instrument.

 

The approval is subject to conditions imposed by CASA in the interest of air safety, including that the approved person must, on the day of the flight test, meet experience requirements set out in Schedule 3 of the instrument.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014, issued under the authority of the Civil Aviation Act 1988, was enacted to address gaps in the delegation of flight testing responsibilities to flight instructors following the introduction of Part 61 of the Civil Aviation Safety Regulations 1998. This regulation was necessary to ensure the safe navigation and operation of aircraft by approving certain individuals who previously held delegations under Part 5 of the Civil Aviation Regulations 1988 or Part 40 of the Civil Aviation Orders to continue conducting flight tests for specific endorsements. The Civil Aviation Safety Authority (CASA) issued this instrument in response to feedback from the aviation industry, which highlighted concerns about the adequacy of existing delegations under the new regulatory framework. The instrument is subject to parliamentary scrutiny and is compatible with human rights, as detailed in the Statement of Compatibility with Human Rights attached to the regulation. The regulation was issued by CASA, under the delegation of powers granted by subsection 11.260(1) of the Civil Aviation Safety Regulations 1998, and it commenced on the day of registration, expiring at the end of June 2016. The instrument aims to maintain the continuity of flight testing activities by ensuring that qualified individuals are appropriately approved to conduct flight tests for specific endorsements, thereby upholding the safety standards set by the Civil Aviation Act 1988.

Scope and Application

The Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014, which inserted Part 61 into the Civil Aviation Safety Regulations 1998, prompted the Civil Aviation Safety Authority (CASA) to address industry concerns regarding the delegation of flight testing for specific endorsements. This legislative instrument, CASA 255/14, grants approval to individuals who held delegations under Part 5 of the Civil Aviation Regulations 1988 or Part 40 of the Civil Aviation Orders immediately before 1 September 2014, allowing them to conduct flight tests for corresponding endorsements outlined in Part 61 of the Civil Aviation Safety Regulations 1998. The approval is conditional upon meeting experience requirements and maintaining proper records in the pilot logbook. This instrument is issued under the authority of the Civil Aviation Act 1988 and operates as a legislative instrument, subject to tabling and disallowance in the Parliament. The instrument does not require a Regulation Impact Statement as it is covered by a standing agreement between CASA and the Office of Best Practice Regulation. The instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include provisions for flight tests and the issuance of endorsements for flight crew licences and ratings. Specifically, Regulation 61.245 of CASR 1998 mandates that flight tests for endorsements must be conducted by an examiner or a person holding an approval under section 61.040 of CASR 1998. This approval is necessary for individuals or organisations who wish to conduct such tests. Subregulation 61.040(1) of CASR 1998 allows for applications to the Civil Aviation Safety Authority (CASA) for this approval, and subregulation 61.040(2) stipulates that CASA must grant the approval if the applicant meets the specified requirements in the Part 61 Manual of Standards. Additionally, subregulation 11.056(1) of CASR 1998 permits CASA to impose conditions on approvals as deemed necessary for the safety of air navigation. The obligations imposed by the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014 include ensuring that flight instructors who held delegations under the previous Civil Aviation Regulations 1988 (CAR 1988) or the Civil Aviation Orders (pilot licences and ratings) can continue to conduct flight tests for specific endorsements. The approval requires the flight instructor to meet specific experience criteria on the day of the test, as outlined in Schedule 3 of the instrument, and maintain detailed records in their pilot logbook. These conditions are aimed at maintaining high safety standards in the testing and issuance of flight endorsements. The instrument does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance. However, given that CASA issues the approval under its regulatory authority and the legislative framework in which it operates, non-compliance with the conditions set for the approval could potentially lead to revocation of the approval, cessation of the flight testing activities, and possibly other regulatory sanctions. The exact consequences would depend on CASA’s assessment and enforcement actions in response to any breaches of the approval conditions.

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Administrative Law
Civil Aviation Law
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Regulation
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Definitions & Interpretation
Licensing & Registration
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.