Instrument number CASA 28/17
I, GRAEME MILLS CRAWFORD, Aviation Group Manager, a delegate of CASA, make this instrument under regulations 11.056 and 141.035 of the Civil Aviation Safety Regulations 1998 (CASR) for paragraph 141.050 (2) (b) of CASR.
[Signed G.M. Crawford]
Graeme M. CrawfordAviation Group Manager
16 March 2017
Approval – approved pilots under Civil Aviation Order 29.10 – flight training – low‑level rating, low‑level endorsement and mustering endorsement
1 Duration
This instrument:
(a) commences on 20 March 2017; and
(b) is repealed at the end of 31 August 2018.
2 Definitions
In this instrument:
approved person means a person approved by section 4 of this instrument.
approved to act as an approved pilot means approved under subsection 12 of Civil Aviation Order 29.10, as in force at the time of approval, to act as an approved pilot.
Note Civil Aviation Order 29.10 has been amended and no longer provides for approved pilots.
instructor proficiency check has the meaning as defined in regulation 61.010 of CASR, as in force when this instrument commences.
Note The requirements and standards for an instructor proficiency check are set out in Appendix 5 of Schedule 6 of the Part 61 Manual of Standards.
valid instructor proficiency check has the same meaning as in regulation 61.1180 of CASR, as in force when this instrument commences.
3 Application
(1)This instrument applies to a person who:
(a) on 31 August 2014, was approved to act as an approved pilot in an aeroplane; and
(b) has a valid instructor proficiency check for which the check included a test of competency of the aeroplane low‑level rating training endorsement.
(2)This instrument also applies to a person who:
(a) on 31 August 2014, was approved to act as an approved pilot in a helicopter; and
(b) has a valid instructor proficiency check for which the check included a test of competency of the helicopter low‑level rating training endorsement.
4 Approval
(1)I approve a person mentioned in subsection 3 (1) to conduct Part 141 flight training for the grant under Part 61 of CASR of a low‑level rating, an aeroplane low‑level endorsement and an aerial mustering – aeroplane endorsement.
(2)I approve a person mentioned in subsection 3 (2) to conduct Part 141 flight training for the grant under Part 61 of CASR of a low‑level rating, a helicopter low‑level endorsement and an aerial mustering – helicopter endorsement.
(3)An approval is subject to the conditions mentioned in section 5.
5 Conditions
(1) When conducting Part 141 flight training, the approved person must comply with the relevant requirements and standards in the Part 61 Manual of Standards as in force from time to time, for the rating or endorsement.
(2) The approved person must retain records of each person’s flight training for at least 7 years.
Overview
The instrument F2017N00022, enacted in 2017, addresses a specific gap in the Civil Aviation Safety Regulations (CASR) concerning the approval of pilots for conducting flight training related to low-level ratings and endorsements. This instrument was issued by Graeme Mills Crawford, the Aviation Group Manager and a delegate of the Civil Aviation Safety Authority (CASA). The policy objective is to ensure that approved pilots can continue to conduct flight training for low-level ratings and endorsements, as Civil Aviation Order 29.10 no longer provides for approved pilots. The instrument applies to individuals who, as of August 31, 2014, were approved to act as approved pilots in aeroplanes or helicopters and have a valid instructor proficiency check that includes a test of competency for the relevant low-level rating training endorsement. The approvals are contingent upon compliance with conditions set out in the instrument, including adherence to the requirements and standards in the Part 61 Manual of Standards, and the retention of flight training records for at least seven years.
Scope and Application
This instrument is applicable to individuals who, as of 31 August 2014, were approved to act as approved pilots for aeroplanes or helicopters and who possess a valid instructor proficiency check that included a test of competency for the aeroplane or helicopter low-level rating training endorsement. This legislative instrument pertains specifically to the geographic and jurisdictional reach of Australian aviation safety regulations, thereby impacting the conduct of flight training activities within the Commonwealth of Australia. The approval granted by this instrument is subject to conditions including compliance with the relevant requirements and standards outlined in the Part 61 Manual of Standards, and the maintenance of flight training records for at least seven years. This legislation does not explicitly state exclusions, exemptions, or thresholds, but the stringent conditions and specific requirements suggest a limited scope of application. The instrument also highlights that it is repealed at the end of 31 August 2018, indicating a temporary application period for these provisions.
Key Provisions
The main operative sections of the instrument (sections 3 and 4) establish the criteria for approval of certain individuals to conduct Part 141 flight training for the grant of specific aviation ratings and endorsements. Specifically, section 3 outlines who qualifies for approval: individuals who were approved to act as an approved pilot in either an aeroplane or a helicopter on 31 August 2014, and who have a valid instructor proficiency check that included a test of competency for the relevant low-level rating training endorsement. Section 4 then grants the approval for these qualified individuals to conduct flight training for low-level ratings, aeroplane and helicopter low-level endorsements, and aerial mustering endorsements for aeroplanes and helicopters.
The obligations and requirements imposed by this instrument are primarily concerned with compliance with aviation standards and record-keeping. Section 5(1) mandates that approved persons must adhere to the relevant requirements and standards set out in the Part 61 Manual of Standards as they evolve over time. This includes ensuring that all flight training conducted under this approval meets the specified criteria and is in accordance with current regulations. Section 5(2) further requires that approved persons retain records of each person’s flight training for at least seven years. This ensures that there is a documented history of training which can be referenced for regulatory compliance or audit purposes.
In terms of consequences for non-compliance, the instrument itself does not explicitly state offences, penalties, or consequences. However, under the broader framework of the Civil Aviation Safety Regulations 1998 (CASR), failure to comply with the conditions of approval, such as not adhering to the relevant standards or inadequate record-keeping, could potentially result in regulatory action. This might include the revocation of approval to conduct flight training, fines, or other penalties as determined by the Civil Aviation Safety Authority (CASA) under the CASR. The exact penalties would depend on the specific breach and the applicable provisions within the CASR.