CASA EX70/18 – EPC requirements for ATOs transitioning to the FER – Exemption 2018

Overview

CASA EX70/18 – EPC Requirements for ATOs Transitioning to the FER – Exemption 2018 was enacted in 2018 to address the need for streamlined examiner proficiency check (EPC) requirements for Approved Training Organisations (ATO) transitioning to the Flight Examiner Rating (FER) system. This legislative instrument, made under regulation 11.160 of the Civil Aviation Safety Regulations 1998, was developed by the Advisory and Drafting Branch, Legal, International & Regulatory Affairs Division, Civil Aviation Safety Authority (CASA) in Canberra. The instrument provides a temporary exemption for FER holders granted a rating effective from 1 September 2018, ensuring they are subject to appropriate EPC requirements while allowing them to maintain their currency under the new FER system. This measure was introduced to facilitate the transition of ATOs to the FER, which was implemented to enhance the competency and currency of flight examiners within the Australian aviation industry.

Scope and Application

CASA EX70/18 – EPC Requirements for ATOs Transitioning to the FER – Exemption 2018, made under regulation 11.160 of the Civil Aviation Safety Regulations 1998, applies specifically to holders of a flight examiner rating (FER) granted by the Civil Aviation Safety Authority (CASA) who were previously delegates of CASA under an instrument of delegation expiring at the end of 31 August 2018. The exemption is in effect for those FER holders whose ratings take effect on 1 September 2018, while excluding those who have successfully completed an examiner proficiency check (EPC) in the two years immediately preceding this date. Each relevant FER holder is exempted from certain requirements under subregulation 61.1285, contingent on completing an EPC by specific dates determined by their year of birth, as outlined in Schedule 1. This exemption is subject to the condition that the FER holder must complete an EPC in accordance with the timetable provided in the Schedule, with certain dates extended due to COVID-19 as per CASA EX108/20. The instrument was initially in force from 1 September 2018 until 28 February 2021, with modifications made through CASA EX69/20 and CASA EX108/20 to adjust the EPC completion dates due to the COVID-19 pandemic.

Key Provisions

The CASA EX70/18 – EPC Requirements for ATOs Transitioning to the FER – Exemption 2018 (the Instrument) provides specific exemptions for Flight Examiner Rating (FER) holders who are transitioning to the Flight Examiner Rating (FER) from the Approved Training Organisation (ATO) delegation. The exemptions are primarily found in section 5, which exempts relevant FER holders from the requirement under subregulation 61.1285(2) of the Civil Aviation Safety Regulations 1998, but only to the extent that a valid Examiner Proficiency Check (EPC) is one that the holder has to complete within the periods specified in paragraphs 61.1285(2)(a) to (d). This exemption applies to FER holders whose FER takes effect on 1 September 2018 and excludes those who have successfully completed an EPC in the two years immediately before this date. The obligations and requirements imposed by the Instrument include the necessity for each relevant FER holder to complete an EPC in accordance with the timetable specified in Schedule 1. This timetable is determined based on the holder’s year of birth, with separate deadlines provided for individuals with odd and even-numbered birth years. For example, an FER holder born in an odd-numbered year in January must complete an EPC by 31 January 2019, whereas one born in an even-numbered year in the same month must do so by 31 January 2020. This requirement is subject to certain conditions, such as those outlined in section 6, which stipulates that the exemptions are contingent upon the completion of the EPC by the specified deadlines. The Instrument outlines specific consequences for non-compliance with the EPC requirements. Section 7 does not explicitly state any penalties or civil/criminal consequences for failure to complete the EPC by the stipulated deadlines. However, the non-completion of the EPC may result in the loss of the exemption granted by the Instrument and could potentially impact the FER holder’s ability to continue exercising their privileges under the Civil Aviation Safety Regulations 1998. Given that compliance with aviation safety regulations is paramount, any failure to meet the EPC requirements could lead to enforcement actions by the Civil Aviation Safety Authority (CASA).