CASA EX110/14 - Exemption – instrument proficiency check – Virgin Australia

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Legislation au F2014L01179 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — instrument proficiency check – Virgin Australia

 

Legislation

Section 98 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.

 

Part 61 of the Civil Aviation Safety Regulations 1998 (CASR 1998) commences on 1 September 2014 and deals with flight crew licencing requirements. Subregulation 61.065 (1) of CASR 1998 states, among other things, that the holder of a flight crew licence commits an offence if the holder pilots a registered aircraft and the holder is not authorised under Part 61 to conduct the activity.

 

Separately, subregulation 61.695 (1) provides that the holder of an air transport pilot licence is authorised to exercise the privileges of the licence under the instrument flight rules in an aircraft of a particular category only if the holder has a valid instrument proficiency check for the aircraft category. An instrument proficiency check is conducted by an operator’s training and checking organisation under regulation 217 of the Civil Aviation Regulations 1988 (CAR 217 organisation).

 

Subregulation 11.160 (1) of CASR 1998 provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations or the Civil Aviation Orders. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

 

Instrument

A large number of B737 pilots operating for Virgin Australian Airlines Pty Ltd (VAA) will commence operations for Virgin Australia International Airlines Pty Ltd (the operator) from 1 September 2014. However, those pilots will not be entitled to conduct operations until such time that those pilots have satisfied the requirements of subregulation 61.695 (1) of CASR 1998, meaning that the pilots are required to have a valid instrument proficiency check with the operator’s CAR 217 organisation. This instrument proficiency check is separate to that conducted by the VAA’s CAR 217 organisation. Given the number of pilots involved with the transfer and limited training resources, it will not be possible to have all B737 pilots complete the instrument proficiency check on 1 September 2014. Consequently, these pilots will also contravene subregulation 61.065 (1) of CASR 1998.

 

The exemption therefore applies to the operator’s B737 pilots seeking to conduct operations from 1 September 2014 and who have not completed an instrument proficiency check with the operator’s CAR 217 organisation. The instrument exempts these pilots from subregulations 61.065 (1) and 61.695 (1) of CASR 1998.

 

The instrument is subject to a range of conditions, including that the operator’s B737 pilots must be participating in the cyclic training and proficiency program (CTPP) administered by VAA until such time as each pilot transitions to, and is inducted into, the operator’s CTPP. Additionally, at the point in time when each pilot transitions to the operator’s CTPP, the pilot must undertake that component of the operator’s CTPP that is equivalent to the component of VAA’s CTPP as if the pilot had continued his or her CTPP with VAA. This ensures that the transition between CTPPs is smooth and the pilot’s training cycle is not disrupted. Once a pilot has transitioned to the operator’s CTPP, that pilot will not be eligible to conduct operations for VAA, unless the pilot is transferred and fully inducted back into VAA’s CTPP. The pilot may therefore only conduct operations for VAA or the operator, but not both.

 

The transition period is expected to take no longer than 5 months, after which this instrument will expire.

 

Legislative Instruments Act

Subregulation 11.160 (1) of CASR 1998 provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations or Civil Aviation Orders. An instrument issued under paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a class of persons, being the operator’s B737 pilots. The instrument is, therefore, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

The exemption has been issued at the request of the operator and only affects the operator’s B737 pilots. It is of beneficial effect to the operator’s business. In these circumstances, 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 made by a delegate of CASA relying on the power of delegation in subregulation 11.260 (1) of CASR 1998.

 

The exemption commences on the day of registration and expires at the end of January 2015, as if it had been repealed by another instrument.

 

[Instrument number CASA EX110/14]

Attachment 1

Statement of Compatibility with Human Rights

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

 

Exemption — instrument proficiency check – Virgin Australia

 

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 instrument applies to Virgin Australia International Airlines’ (the operator) B737 pilots seeking to conduct operations from 1 September 2014 under the new Civil Aviation Safety Regulations 1998 Part 61 flight crew licensing requirements and who have not completed an instrument proficiency check with the operator’s training and checking organisation. The instrument exempts these pilots from the requirement to have completed an instrument proficiency check with the operator’s training and checking organisation and a related offence provision, therefore allowing the pilots to conduct operations for the operator until transition arrangements have been finalised.

 

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 Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation, with oversight provided by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988. The regulations aim to establish comprehensive standards for flight crew licencing and operational safety. Specifically, the CASR 1998 addresses the requirement for pilots to complete an instrument proficiency check to operate under instrument flight rules, ensuring that pilots maintain the necessary proficiency for safe operations. In response to a particular operational challenge faced by Virgin Australia International Airlines, CASA issued an exemption under the authority granted by the Civil Aviation Act 1988. This exemption temporarily allows certain B737 pilots to conduct operations without having completed the requisite instrument proficiency check with the new operator's training and checking organisation, provided they meet specific conditions that ensure continuity and safety of their training. This exemption was introduced to facilitate a smooth transition for the pilots affected by the operational changes within the specified timeframe, thus maintaining operational continuity while adhering to safety standards.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) govern flight crew licencing requirements, and this specific exemption applies to Virgin Australia International Airlines’ B737 pilots who are transitioning from Virgin Australia Airlines. The exemption allows these pilots to conduct operations from 1 September 2014 despite not having completed the necessary instrument proficiency check with the operator's training and checking organisation. This exemption, made under subregulation 11.160 of CASR 1998, is subject to conditions designed to ensure a smooth transition into the operator's cyclic training and proficiency program (CTPP). These conditions include the requirement that pilots must participate in the transitional CTPP until they are fully inducted into the operator's CTPP. The exemption is limited to the operator's B737 pilots and is set to expire at the end of January 2015. It is classified as a legislative instrument under the Legislative Instruments Act and does not require additional consultation or a Regulation Impact Statement, as it falls under a standing agreement with the Office of Best Practice Regulation. Furthermore, a Statement of Compatibility with Human Rights confirms that the instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms.

Key Provisions

The primary sections of this instrument pertain to the exemption of certain pilots from specific requirements of the Civil Aviation Safety Regulations 1998 (CASR 1998). Specifically, subregulations 61.065(1) and 61.695(1) of CASR 1998, which pertain to the necessity of a valid instrument proficiency check for flight crew licence holders operating under instrument flight rules, are temporarily exempted for certain pilots of Virgin Australia International Airlines. These provisions are outlined in Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act and the safety of air navigation. The obligations imposed by this Act on the parties it governs are multifaceted. Virgin Australia International Airlines' B737 pilots, who are the subjects of this exemption, must participate in a cyclic training and proficiency program (CTPP) administered by Virgin Australia Airlines Pty Ltd until they transition to the operator's CTPP. Once they transition, they must complete the equivalent component of the operator's CTPP. Additionally, these pilots may only conduct operations for either Virgin Australia Airlines or Virgin Australia International Airlines, but not both, until they have completed the transition and instrument proficiency check process. The consequences for breach of these regulations are outlined in subregulation 61.065(1) of CASR 1998, which states that a flight crew licence holder who pilots a registered aircraft without the necessary authorisation commits an offence. Although the exemption temporarily relieves the pilots from these requirements, it does not absolve them from potential penalties if they operate without proper authorisation. The instrument itself does not specify a penalty for breach but notes that CASA may impose conditions on the exemption if necessary in the interests of the safety of air navigation. The exemption expires in January 2015, at which point the original regulatory requirements will again apply in full. Under the Legislative Instruments Act, this exemption is considered a legislative instrument as it applies to a class of persons, specifically the B737 pilots of Virgin Australia International Airlines. Consequently, it is subject to tabling and disallowance in the Parliament. Furthermore, while the exemption has been issued at the request of the operator and affects only its B737 pilots, CASA has determined that further consultation under section 17 of the Legislative Instruments Act is not necessary or appropriate. This decision is based on the view that the exemption is of beneficial effect to the operator's business and does not warrant additional consultation.

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Administrative Law
Aviation Law
Instrument
Regulation
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Definitions & Interpretation
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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.