CASA EX181/16 - Exemption - from appointment of full-time check pilot - JetGo Australia Holdings Pty Ltd

Overview

This instrument, CASA EX181/16I, was made under the authority of the Civil Aviation Safety Regulations 1998 and commences on the day of registration, ending on 30 November 2019. Issued by Gerard John Campbell, a delegate of the Civil Aviation Safety Authority (CASA), this instrument grants an exemption from certain regulatory requirements to JetGo Australia Holdings Pty Ltd, specifically concerning the employment of Brett William Gebers. This exemption allows JetGo to engage Brett William Gebers under a contract for services without the need for him to be in full-time employment, subject to certain conditions ensuring compliance with safety and training standards. The purpose of this exemption is to provide flexibility to JetGo while maintaining safety and operational standards in pilot training and checking activities.

Scope and Application

The instrument CASA EX181/16I, signed by Gerard John Campbell, a delegate of the Civil Aviation Safety Authority (CASA), provides a specific exemption from certain regulatory requirements for JetGo Australia Holdings Pty Ltd, with the exemption being applicable to the employment or engagement of Brett William Gebers. This exemption is narrowly tailored to JetGo Australia Holdings Pty Ltd and Brett William Gebers and does not extend to other entities or individuals. The exemption applies to the requirements set out in paragraphs 2.2 and 3.2 of Civil Aviation Order (CAO) 82.5 and paragraph 2.4 of Appendix 2 to CAO 82.5, as detailed in Schedule 1, and is subject to conditions outlined in Schedule 2. The exemption is in effect from the date of registration and will be repealed at the end of 30 November 2019, unless otherwise amended or extended by CASA.

Key Provisions

The instrument, CASA EX181/16I, issued by Gerard John Campbell on behalf of the Civil Aviation Safety Authority (CASA) on 14 December 2016, provides an exemption for JetGo Australia Holdings Pty Ltd from certain regulatory requirements (sections 1–4). The exemption applies specifically to the employment or engagement of Brett William Gebers, ARN 771909 (section 2). Under this instrument, the operator is exempt from the requirements set out in paragraphs 2.2 and 3.2 of Civil Aviation Order (CAO) 82.5 and paragraph 2.4 of Appendix 2 to CAO 82.5 concerning the employment of Brett William Gebers on a full-time basis and his full-time employment with the operator (Schedule 1). However, this exemption is contingent upon several conditions being met (section 4). The key conditions imposed by this instrument on JetGo Australia Holdings Pty Ltd include ensuring that Brett William Gebers is either employed or engaged under a contract for services to conduct training and checking activities for the operator's training and checking organisation (Schedule 2, condition 1). The operator must also ensure that Gebers holds an air transport pilot licence and a current class 1 medical certificate (Schedule 2, condition 2). Furthermore, training and checking activities must be conducted only in an approved flight simulation training device for Embraer 135/145 aircraft, and Gebers must be familiar with all relevant sections of the operator's operations manual (Schedule 2, conditions 3 and 4). Finally, Gebers must successfully complete a training and checking activity in the approved flight simulation training device before conducting the activity for other pilots (Schedule 2, condition 5). Failure to comply with the conditions of this exemption may result in civil or criminal consequences. The Civil Aviation Safety Regulations 1998, under which this instrument is made, provide for potential penalties for non-compliance with aviation safety regulations. Depending on the severity and nature of the breach, penalties could include fines, imprisonment, or both. The exact penalties would depend on the specific breach and the relevant provisions of the Civil Aviation Safety Regulations 1998.