Instrument number CASA EX08/17
I, mark andrew fernan, Acting Safety Assurance Senior Manager, Aviation Group, a delegate of CASA, make this instrument under subregulations 11.160 (1) and 11.205 (1) of the Civil Aviation Safety Regulations 1998.
[Signed M. Fernan]
Mark Fernan
Acting Safety Assurance Senior Manager
Aviation Group
27 January 2017
Exemption – from appointment of full-time check pilot – JetGo Australia Holdings Pty Ltd
1 Repeal
Instrument CASA EX181/16 is repealed.
2 Duration
This instrument:
(a) commences on the day of registration; and
(b) is repealed at the end of 30 November 2019.
3 Application
This instrument applies to JetGo Australia Holdings Pty Ltd, ARN 805527 (the operator), in relation to the employment or engagement of Brett William Gebers, ARN 771909.
4 Exemption
The operator is exempt from compliance with paragraphs 2.2 and 3.2 of Civil Aviation Order (CAO) 82.5 and paragraph 2.4 of Appendix 2 to CAO 82.5, to the extent set out in Schedule 1.
5 Conditions
The exemption is subject to the conditions set out in Schedule 2.
Schedule 1 Extent of exemption
1 The operator is exempt from compliance with paragraph 2.2 of CAO 82.5 in relation to the requirement for Brett William Gebers to be employed on a full-time basis.
2 The operator is exempt from compliance with paragraph 3.2 of CAO 82.5 and paragraph 2.4 of Appendix 2 to CAO 82.5 in relation to the requirement for Brett William Gebers to be in the full-time employment of the operator.
Schedule 2 Conditions
1 The operator must employ Brett William Gebers, or engage him under a contract for services, to conduct training and checking for the operator’s training and checking organisation.
2 The operator must ensure that Brett William Gebers holds an air transport pilot licence and a current class 1 medical certificate.
3 The operator must ensure that Brett William Gebers is familiar with all sections of the operator’s operations manual that are relevant to the training and checking activities that he conducts.
4 Before Brett William Gebers conducts training and checking, the operator must ensure that he meets the requirements for a check pilot mentioned in the operator’s training and checking manual, as existing at the time when this instrument commences.
Overview
The Civil Aviation Safety Authority (CASA) issued the Instrument number CASA EX08/17I under the Civil Aviation Safety Regulations 1998 to provide an exemption for JetGo Australia Holdings Pty Ltd, a registered aviation operator, in relation to the employment or engagement of a specific individual, Brett William Gebers. Enacted on 27 January 2017, this instrument was introduced to address a specific regulatory gap concerning the employment conditions of a check pilot within the context of aviation safety. The policy objective is to ensure that the operator maintains a compliant and safe aviation environment while allowing flexibility in the employment of qualified personnel. The instrument is effective from its registration date and will be repealed by 30 November 2019, thereby providing a temporary exemption from certain regulatory requirements.
Scope and Application
This instrument, CASA EX08/17I, issued by Mark Andrew Fernan, Acting Safety Assurance Senior Manager of the Aviation Group and a delegate of CASA, provides a specific exemption for JetGo Australia Holdings Pty Ltd, ARN 805527, concerning the employment or engagement of Brett William Gebers, ARN 771909. The instrument, made under subregulations 11.160(1) and 11.205(1) of the Civil Aviation Safety Regulations 1998, repeals the previous instrument CASA EX181/16 and applies from the date of registration until the end of 30 November 2019. The exemption from compliance with certain paragraphs of Civil Aviation Order (CAO) 82.5 and its Appendix 2 is subject to conditions outlined in the schedules, ensuring that Brett William Gebers is employed or engaged to conduct training and checking activities, holds the necessary qualifications and familiarity with the operations manual, and meets the requirements for a check pilot as specified in the operator’s training and checking manual.
Key Provisions
This instrument, CASA EX08/17I, provides an exemption for JetGo Australia Holdings Pty Ltd, ARN 805527, concerning the employment or engagement of Brett William Gebers, ARN 771909, as per sections 2, 3, 4, and 5. It repeals a previous instrument, CASA EX181/16, and applies specifically to the operator's employment or engagement of Brett William Gebers. The exemption covers certain requirements under Civil Aviation Order (CAO) 82.5 and Appendix 2 to CAO 82.5, which are outlined in Schedule 1 of the instrument. The exemption, however, is subject to specific conditions detailed in Schedule 2.
The obligations imposed on JetGo Australia Holdings Pty Ltd by this instrument include the employment or engagement of Brett William Gebers under a contract for services to conduct training and checking for the operator’s training and checking organisation, as specified in Schedule 2(1). The operator must also ensure that Brett William Gebers holds an air transport pilot licence and a current class 1 medical certificate, as stipulated in Schedule 2(2). Furthermore, the operator is required to ensure that Brett William Gebers is familiar with all sections of the operator’s operations manual that are relevant to the training and checking activities that he conducts, according to Schedule 2(3). Lastly, the operator must verify that Brett William Gebers meets the requirements for a check pilot as outlined in the operator’s training and checking manual, existing at the time this instrument commences, before he conducts training and checking, in accordance with Schedule 2(4).
Failure to comply with the provisions of this instrument may result in legal consequences. However, the specific offences, penalties, or civil/criminal consequences for breach are not detailed within the instrument itself. It is essential for JetGo Australia Holdings Pty Ltd to adhere to the conditions set out in Schedule 2 to avoid potential legal repercussions. The absence of explicit penalties in this instrument implies that breaches might be subject to general regulatory or civil actions as outlined in the Civil Aviation Safety Regulations 1998 and related civil aviation legislation.