Civil Aviation Order 40.1.8 Instrument 2008

Explanatory Statement

Civil Aviation Act 1988

Background

CASA is introducing a new international pilot licence, namely the multi-crew pilot (aeroplane) licence (MP(A)L).

The new licence was originally created by the International Civil Aviation Organization (ICAO) in November 2006 and the requirements for it were prescribed in Annex 1 (Personnel Licensing) of the Chicago Convention.

The MP(A)L is for co-pilots of aeroplanes certificated for operation with a minimum crew of at least 2 pilots in all types of weather.

The new licence has been under consideration and evaluation by CASA with a view to its implementation in Australia.

The new licence was introduced for Australia through amendments to Part 5 of the Civil Aviation Regulations 1988 (Civil Aviation Amendment Regulations 2008 (No. 4) [the CAR amendments]). The CAR amendments enable CASA to issue a MP(A)L to an eligible applicant. The CAR amendments specify the eligibility criteria for the grant of an MP(A)L, the requirements for using the licence and the requirements for qualifying for other flight crew licences as the holder of an MP(A)L.

Under the CAR amendments, a Civil Aviation Order is to prescribe the examinations, competency standards and flight tests required for the MP(A)L.

A trial of the draft MP(A)L standards and training requirements has been underway in Brisbane and it is expected that, on completion of the course, successful graduates will be issued with the MP(A)L.

Flight training organisations in Australia are interested in providing instruction for the MP(A)L and are finalising arrangements to conduct MP(A)L training for overseas airline clients.

The CAR amendment specifies the restricted flight privileges of the holder of a MP(A)L, the highest of which is authorisation to fly an aeroplane as co-pilot while the aeroplane is engaged in charter or RPT operations under an AOC.

A new Civil Aviation Order (CAO) concerning approved training is required to support the introduction of the MP(A)L. CAO 40.1.8 is, therefore, made on the following basis.

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.

CAR 1988

Regulation 5.207 of the Civil Aviation Regulations 1988 (CAR 1988) (as contained in the CAR amendment) sets out the circumstances in which a person is qualified to hold a MP(A)L. Under paragraphs 5.207 (2) (d) and (e), these circumstances include completion of an approved course of training and the award of a pass in an appropriate flight test.

Under regulation 5.216 in the CAR amendments, CASA may, by notice in a CAO, specify requirements for a course for the training of multi-crew (aeroplane) pilots; set separate examination parts for a MP(A)L theory examination; set a pass mark for a MP(A)L theory examination or examination part; specify requirements for a MP(A)L theory examination or examination part; specify criteria for eligibility to attempt a MP(A)L flight test; and specify requirements for the flight test.

Under subregulation 5.215 (1) in the CAR amendments, a person may apply to CASA for approval for a course to be conducted by the person to train multi-crew pilots. Under subregulation 5.215 (2), CASA may approve the course if satisfied that it meets the requirements in the relevant CAO. Under subregulation 5.215 (3), CASA may give an approval subject to any condition that is in the interests of the safety of air navigation. Under subregulation 5.215 (4), CASA must set out the condition in the approval or give notice of the condition in a CAO. Under subregulation 5.215 (5), a condition may be that the person must give CASA information about the training performance of each trainee at the end of each stage of the course and at the end of the course.

Under subregulations 5.217 (1) and (2) in the CAR amendments, it is an offence if a person who conducts a course of training approved under subregulation 5.215 (2) contravenes a condition to which the approval of the course is subject.

Under subregulations 5.218 (1) and (2) in the CAR amendments, it is an offence for a MP(A)L flight test to be conducted for a person who has not met the criteria for eligibility to attempt the test, as notified in a CAO under paragraph 5.216 (e) in the CAR amendments.

The CAO amendment

New CAO 40.1.8 is made to support the creation of the MP(A)L. It notifies the essential requirements and conditions for a MP(A)L training course if it is to be approved.

Unless a person has been trained overseas in a MP(A)L equivalent and is licensed by CASA, a person must complete an approved MP(A)L training course in order to qualify as a MP(A)L holder.

Details of new CAO 40.1.8 are set out in Attachment 1.

Legislative Instruments Act 2003 (the LIA)

Under subsection 98 (5) of the Act, where regulations provide that a direction, instruction, notification, permission, approval or authority is to be given or issued in the form of a CAO, a CAO so given or issued is a legislative instrument and subject to the LIA (other than Part 6 concerning sunsetting). In addition, under paragraph 98 (5A) (a) and subsection 98 (5B) of the Act, where the regulations empower CASA to issue instruments in relation to matters affecting the safe navigation and operation of an aircraft, the instrument is a legislative instrument and subject to the LIA (other than Part 6 concerning sunsetting). The CAO amendment is, therefore, a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

Consultation

Extensive consultation under section 17 of the LIA for the MP(A)L was carried out before the CAR amendments were made. This is detailed in the explanatory statement for the CAR amendments. This included consultation in relation to the related CAO proposals. The CAO amendment is consequential and, therefore, further detailed consultation in relation to it was not considered necessary. However, details of the CAO amendment proposals were circulated for consideration to Standards Consultative Committee, an industry representative body, and the joint CASA/industry MPL Project Team. No adverse comments or objections were received.

Office of Best Practice Regulation (OBPR)

A preliminary assessment of business compliance costs indicates that the CAO amendment will have no cost impact on business other than costs that may arise from voluntarily deciding to acquire and use this new form of international pilots licence. Consequently, preparation of a Regulation Impact Statement is not required for the CAO amendment.

Commencement and making

The CAO amendment comes into effect on the day after it is registered.

It has been made by the Director of Aviation Safety on behalf of CASA in accordance with subsection 84A (2) of the Act.

[Civil Aviation Order 40.1.8 Instrument 2008]

Attachment 1

Details of new CAO 40.1.8

Subsection 1

Subsection 1 sets out the Scope of the new CAO, indicating that it does the following:

(a) specifies the requirements for a MP(A)L training course;

(b) sets the separate examination parts for a MP(A)L theory examination;

(d) specifies the requirements for a MP(A)L theory examination or examination part;

(e) specifies the criteria for eligibility to attempt a MP(A)L flight test;

(f) specifies the requirements for a MP(A)L flight test;

(g) states a condition of approval of a training course.

A Note is a reminder that to qualify for a MP(A)L licence, a person must also meet other requirements under Division 19 in Part 5 of CAR 1988.

Subsection 2

Subsection 2 sets out some relevant definitions, some with associated Notes, as follows:

CAAP means Civil Aviation Advisory Publication.

CAO means Civil Aviation Order.

CAR 1988 means the Civil Aviation Regulations 1988.

CASR 1998 means the Civil Aviation Safety Regulations 1998.

employed means engaged under a contract of service or a contract for services.

Note An employed person could be an employee as such, or a contractor.

head of training means the person, however described, who is:

(a) employed by a training organisation; and

(b) responsible for the conduct of MP(A)L training courses for the training organisation; and

Note For example, in a training organisation that is a flying school, the head of training might be the chief flying instructor. In a training organisation that is a training and checking organisation, the head of training might be the person with overall responsibility for training.

instructor means a person who:

(a) is employed by a training organisation to do any of the following for a stage of a training course:

(i) give instruction in an aeroplane or in a synthetic flight trainer;

(ii) make recommendations;

(iii) conduct flight assessments; and

(b) is qualified and authorised as follows:

(i) in accordance with CAR 1988, to give instruction in an aeroplane; or

(ii) in accordance with the statement in the training and assessment plan of the minimum qualifications and experience required to give instruction in a synthetic flight trainer.

Note CAAP 5.216, Multi-Crew Pilot (Aeroplane) Licence, contains guidance on the minimum qualifications and experience for instructors that CASA expects to find reflected in a training and assessment plan for a training course to be approved.

METPA means a multi-engine turbine-powered aeroplane certificated for operation with a minimum crew of at least 2 pilots.

MP(A)L flight test or flight test means the flight test mentioned in paragraph 5.207 (1) (e) of CAR 1988.

MP(A)L theory examination or theory examination means the examination comprising all of the examination parts mentioned in clause 1 of Appendix 2.

MP(A)L theory examination part or examination part means 1 of the examination parts listed in clause 1 of Appendix 2.

MP(A)L training course or training course means a course for the training of multi-crew (aeroplane) pilots conducted by a training organisation.

MP(A)L means a multi-crew pilot (aeroplane) licence.

stage means the core stage, basic stage, intermediate stage or advanced stage into which a training and assessment plan divides a training course.

student means a person undertaking a MP(A)L training course with a training organisation.

training organisation means a person approved by CASA to conduct MP(A)L training courses.

Subsection 3

Subsection 3 indicates that the detailed requirements for a MP(A)L training course are specified in Appendix 1.

Subsection 4

Subsection 4 indicates that Appendix 2 contains:

(a) the separate examination parts for the MP(A)L theory examination (the examination); and

(b) the pass mark for the examination and examination parts; and

Subsection 5

Subsection 5 indicates that the criteria for eligibility to attempt a MP(A)L flight test are specified in Appendix 3.

Subsection 6

Subsection 6 indicates that the requirements for a MP(A)L flight test are specified in Appendix 4.

Appendix 1 Requirements for MP(A)L training course

Appendix 1 contains the requirements for a training course. Unless these requirements are met, a training course will not be approved by CASA under regulation 5.215 of CAR 1988.

1 Aptitude testing

Under clause 1 of Appendix 1, a student may commence a training course only if he or she is first assessed by a training organisation to have the aeronautical aptitude to complete the course.

2 Course delivery under stages of training and assessment plan

Under clause 2 of Appendix 1, a MP(A)L training course must be delivered in accordance with an approved training and assessment plan. A Note indicates that Civil Aviation Advisory Publication (CAAP) 5.216, Multi-Crew Pilot (Aeroplane) Licence, contains guidance on obtaining approval of a training and assessment plan.

The plan must divide the training course into core, basic, intermediate and advanced stages. It must provide for an assessment of each student’s competency at the end of each stage and require each student to achieve competency and pass a flight assessment before progressing to the next stage.

3 Compliance with the training and assessment plan

Under clause 3 of Appendix 1, a student may only attempt a MP(A)L flight test if he or she has completed all stages of the training and assessment plan, other than the final set of take-offs and landings mentioned in clause 13.

4 Training and assessment plan content

Under clause 4 of Appendix 1, the training and assessment plan must include the following:

(a) the aeronautical knowledge syllabus set out in Appendix 5;

(b) the competency standards set out in Appendix 6;

(c) the elements and units of competency to be achieved in each stage as specified in the achievement records set out in Appendix 7;

(d) the flight assessments specified in Appendix 8;

(e) a statement of the minimum qualifications and experience the training organisation requires of:

(i) the head of training; and

(ii) each person who, for a stage, gives instruction or particular instruction, makes recommendations or conducts flight assessments;

(f) a statement specifying the aircraft and synthetic flight trainers to be used for each stage.

A Note indicates that CAAP 5.216, Multi-Crew Pilot (Aeroplane) Licence, contains guidance on the minimum qualifications and experience of personnel, and the minimum requirements for aircraft and synthetic flight trainers, that CASA expects to find reflected in a training and assessment plan for a training course to be approved.

The plan must be based on continuous assessment and show the integration of aeronautical knowledge training with flight competency training and flight assessments and identify integration milestones and critical milestones that must be achieved by a student before he or she may progress further with each stage of the training course. (Each MP(A)L theory examination part is a critical milestone.)

5 Critical milestones

Under clause 5 of Appendix 1, the training and assessment plan must ensure that a student may only attempt a MP(A)L theory examination part after completion of the part of the training course that trains the student for the examination. Also, under the plan, a student may only attempt the ATP(A)L and IREX examination parts during the intermediate stage of the training course.

6 Continuing competency

Under clause 6 of Appendix 1, the training and assessment plan must ensure that a student may continue in a stage of a training course only if he or she continues to demonstrate, in a reasonably consistent way, sufficient aeronautical knowledge and flight competency to safely operate and fly aircraft for the stage.

7 Competency progress recorded in achievement records

Under clause 7 of Appendix 1, a training organisation must assess whether a student has achieved competency in each element of each unit of each stage of the training course, as shown in the achievement records set out in Appendix 7 which must be used by the organisation. The standard of competency a student must achieve for an element of a unit of a stage is the standard specified in Appendix 6 for the element.

For each element of each unit of each stage of the training course, a student’s achievement records must show the following:

(a) an instructor’s certification that the student has achieved at least the standard of competency for the element;

(b) if paragraph 7.9 applies — the standard of each higher stage that was achieved;

A student may not progress to a new stage of training from a preceding stage, or be recommended for a flight assessment, or be recommended for a flight test until the student’s achievement records are properly completed.

If, for an element of a stage, a student achieves a standard of competency at least equivalent to the standard for that element at a subsequent stage, the element may also be certified in the achievement records of the element for the subsequent stage. However, formal certification of the element at a subsequent stage may not be made until each element of the current stage has been assessed and competency certified.

8 Flight assessment

Under clause 8 of Appendix 1, a training organisation must conduct a flight assessment on each student at the end of each stage of the training course, to assess whether a student has achieved flight competency for the stage, using flight assessment records identical to those in Appendix 8. A student achieves flight competency for a stage if he or she demonstrates for the relevant elements in the flight assessment records in Appendix 8 at least the standard specified in Appendix 6 for the comparable elements.

9 Eligibility for flight assessment

Under clause 9 of Appendix 1, a student may not undergo a flight assessment unless he or she has:

(a) demonstrated the level of aeronautical knowledge required for the stage in accordance with the training and assessment plan; and

(b) demonstrated competency in each element of each unit of each stage of the training course up to the time of the flight assessment; and

(d) accumulated at least the minimum aeronautical experience required for the stage in accordance with the plan; and

(e) been recommended for the flight assessment by an instructor.

A Note indicates that it is recommended that at the time of each flight assessment, the student and the training organisation also evaluate the efficacy of the training and identify any shortcomings or discrepancies in the course. A student or the training organisation may refer to CASA, in writing, any deficiencies identified in the training or the course.

10 Conduct of flight assessments

Under clause 10 of Appendix 1, a flight assessment to assess the student’s flight competency for the stage must be conducted by an instructor. A student passes a flight assessment if he or she demonstrates to an instructor, competency at least equivalent to that mentioned under clause 8 above.

11 Not passing a flight assessment

Under clause 11 of Appendix 1, if a student fails a flight assessment, the instructor must, as soon as practicable, give the student and the training organisation each a flight assessment report (unsuccessful) specifying the following:

(a) that the student has failed the flight assessment;

(b) where flight competency has not been demonstrated;

12 Repeating a flight assessment

Under clause 12 of Appendix 1, a student may repeat a flight assessment only if a training organisation prepares the student in accordance with a flight assessment retraining plan, an instructor certifies that the retraining has been completed and the instructor recommends to the head of training that the student is ready.

13 Post-flight test take-offs and landings

Under clause 13 of Appendix 1, unless CASA agrees otherwise in writing, a training course must provide for a student, who has successfully completed a flight test, to complete at least 12 take-offs and landings in the METPA type in which the student is expected to obtain his or her initial operational experience with the MP(A)L when it is issued. The student must demonstrate, to the satisfaction of a flight testing officer, competency to the standard specified for take-offs and landings in Appendix 6. Flight testing officer has the same meaning as in clause 2 of Appendix 4.

14 Student records

Under clause 14 of Appendix 1, a student’s records comprise documents showing the extent to which the student has satisfied continuous assessment activities and achieved the integration and critical milestones; the student’s examination results, achievement records, and the student’s flight assessment reports; documents showing whether the student completed each stage and successfully completed at least 12 take-offs and landings in the METPA type in which the student is expected to obtain his or her initial operational experience with the MP(A)L.

15 Feedback, evaluation and review

Under clause 15 of Appendix 1, a training course must provide for attributed or anonymous student and instructor feedback about, and evaluation of, each stage of the training course. No punitive action may be taken by the training organisation against a student or instructor who gives feedback and evaluation. The training organisation must use student and instructor feedback and evaluation in reviewing each stage of the training course (internal stage review). Each internal stage review must include identification of actual and potential training deficiencies, analysis of causes, and corrective action. A training organisation must give CASA a copy of an internal stage review, but only on written request by a senior CASA officer (at least equivalent to Group General Manager).

16 Reporting to CASA

Under clause 16 of Appendix 1, it is a condition of approval of a training course that within 30 days of the end of each stage, the training organisation must collect and give CASA the data specified in the report form in Appendix 9. A Note explains that CASA intends to monitor the implementation of MP(A)L training and MP(A)L use and the data to be collected corresponds to that mentioned in ICAO documents attached to State letter AN 12/50-07/37. See also Appendix E of CAAP 5.216, Multi-Crew Pilot (Aeroplane) Licence. The operator must ensure that each student is informed in writing that the reports are made to CASA under this Order to monitor the quality and effectiveness of MP(A)L training.

Appendix 2 MP(A)L theory examinations, pass marks and requirements

Appendix 2 contains the MP(A)L theory examinations, pass marks and requirements.

1 MP(A)L theory examinations

Under clause 1 of Appendix 2, the separate examination parts for a MP(A)L theory examination are listed as follows with the relevant abbreviation:

(a) CNAV – Navigation;

(b) CMET – Meteorology;

(d) CLWA – Flight Rules and Air Law – Aeroplane;

(e) CADA – Aerodynamics – Aeroplane;

(f) AFPA – Flight Planning – Aeroplane;

(g) APLA – Performance and Loading-Aeroplane;

(h) AASA – Aerodynamics and Aircraft Systems – Aeroplane;

(i) ANAV – Navigation – Aeroplane and Helicopter;

(j) AMET – Meteorology – Aeroplane and Helicopter;

(k) AHUF – Human Factors – Aeroplane and Helicopter;

(l) AALW – Air Law – Aeroplane and Helicopter;

(m) IREX – Instrument Rating Examination;

(n) the type rating examination for the METPA on which the person’s MP(A)L flight training is conducted.

2 MP(A)L theory examination pass marks

Under clause 2 of Appendix 2, for a pass in the MP(A)L theory examination a student must pass all of the examination parts mentioned within 3 years of passing the first examination part. A Note indicates that all examination parts are conducted by CASA. For a pass in an examination part, a student must obtain 70% for the part. For a pass in the MP(A)L theory examination as a whole, a student must obtain a pass in each examination part and make up for any deficient knowledge. Thus, for each examination part, a student must inform the training organisation in a knowledge deficiency report (KDR) of each question to which the student gave a wrong answer, review with the training organisation the relevant syllabus topic, and demonstrate to the head of training that there is no longer any deficiency in the student’s knowledge of the topic.

Appendix 3 Criteria for eligibility to take MP(A)L flight test

Appendix 3 contains the criteria for eligibility to take a MP(A)L flight test.

1 Flight test prerequisites

Under clause 1 of Appendix 3, before attempting the MP(A)L flight test, a student must:

(a) pass the MP(A)L theory examination; and

(b) successfully complete all stages of a training course approved by CASA; and

(d) receive training applicable to the METPA type in which he or she is expected to obtain initial operational experience with the MP(A)L; and

(e) possess at least 240 hours of aeronautical experience:

(i) acquired during a training course; and

(ii) including no less than the hours mentioned in paragraphs 5.214 (2) (a), (b) and (c) of CAR 1988; and

(f) be recommended to the head of training by an instructor as ready to attempt the flight test.

Appendix 4 MP(A)L flight test

Appendix 4 contains the requirements for the MP(A)L flight test.

1 Flight test content

Under clause 1 of Appendix 4, the flight test must be conducted in the METPA type in which the student is expected to obtain his or her initial operational experience with the MP(A)L or in an approved flight simulator for that METPA type. The flight test must cover and assess all of the items listed on the Flight Test Form (FTF) in Appendix 10.

The flight test must be conducted over 2 sessions, at least 1 of which must resemble as far as practicable a commercial airline flight of 2 or more sectors. A Note explains that a sector is a flight which commences with take-off from an aerodrome and concludes with landing at a different aerodrome.

The flight test must have separate segments in which the student operates as pilot flying and pilot monitoring. It must cover and assess the following, in normal and non-normal operations: co-pilot duties as pilot flying; co-pilot duties as pilot monitoring; instrument navigation procedures; and terminal instrument flight procedures.

2 Flight testing officers

Under clause 2 of Appendix 4, the test flight must be conducted by 1 of the following flight testing officers, namely, a CASA flight operations inspector (FOI), or an approved testing officer (ATO) specifically approved for this testing purpose.

3 Passing the flight test

Under clause 3 of Appendix 4, a student passes the flight test if he or she demonstrates to a flight testing officer competency (flight test competency) in each unit and element of competency specified in the FTF, and to the standard specified for the unit or element in the FTF.

4 Not passing the flight test

Under clause 4 of Appendix 4, if a student fails the flight test, the flight testing officer must, as soon as practicable after the test, give the student and the training organisation each a flight test report (unsuccessful) specifying that the student has failed the flight test, where flight test competency has not been demonstrated, and what further training is required to pass the flight test. The flight testing officer must, as soon as practicable after the flight test, give CASA a copy of the flight test report (unsuccessful).

5 Repeating the flight test

Under clause 5 of Appendix 4, a student may repeat the flight test only if a training organisation prepares the student for the flight test in accordance with a flight test retraining plan, an instructor certifies that the flight test retraining has been completed, and the instructor recommends in writing to the head of training that the student is ready to repeat the flight test.

Appendix 5 MP(A)L — Aeronautical Knowledge Syllabus

Appendix 5 contains the aeronautical knowledge syllabus.

Appendix 6 MP(A)L — Competency Standards

Appendix 6 contains the competency standards.

Appendix 7 MP(A)L — Achievement Records

Appendix 7 contains the detailed, pro forma, achievement records for each of the stages of the training course.

Appendix 8 MP(A)L — Flight Assessments

Appendix 8 contains the Flight Assessment Forms for the Core, Basic, Intermediate and Advanced Stages.

Appendix 9 MP(A)L — Reporting Requirements for Training Organisations

Appendix 9 contains the matters with respect to which training organisations must report to CASA.

Appendix 10 MP(A)L — Flight Test Form

Appendix 10 contains the MP(A)L flight test form.

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