Explanatory Statement
Civil Aviation Safety Regulations 1998
Prescription of Aircraft and Ratings — CASR Part 61 (Edition 6) Instrument 2019
Purpose
Prescription of Aircraft and Ratings — CASR Part 61 (Edition 6) Instrument 2019 (the instrument) prescribes the variants, differences training requirements, flight review requirements and type ratings for specified aircraft types for the purpose of relevant provisions in Part 61 of the Civil Aviation Safety Regulations 1998 (CASR). It also prescribes the flight training and flight review requirements for the exercise of the privileges of class ratings to pilot aircraft prescribed by CASA.
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.
Under paragraph 98 (5A) (a) of the Act, such regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation of aircraft.
Part 61 of CASR contains regulations for flight crew licensing, including the various requirements for flight crew licences, ratings and endorsements. These requirements, which include flight training in units of competency, aeronautical knowledge examinations, flight tests, flight reviews and proficiency checks, are predicated on types and classes of aircraft and operations, including whether aircraft are variants of other aircraft and whether, in such cases, differences training is required if privileges are to be exercised in a variant.
Under subsection 33 (3) of the Acts Interpretation Act 1901 (the AI Act), where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Fundamental concepts in the operation of Part 61 of CASR
The rationale behind Part 61 of CASR is that a pilot may be authorised to fly a particular type of aircraft only if the pilot has undertaken sufficient training and an assessment has been made to confirm that the pilot is competent in operating that type of aircraft. In addition, a pilot must periodically undergo a review (a flight review) of the pilot’s continued competence operating the aircraft if the pilot wishes to continue flying that type of aircraft.
Within the range of available aircraft types, some can be grouped together and treated in a common way under Part 61 of CASR. Thus, undertaking training and being assessed to operate one type of aircraft may satisfy the training requirements for a number of other types of aircraft if they have similar characteristics and performance. Also undertaking a flight review in one type of aircraft may satisfy the flight review requirements for a number of other types of aircraft.
Most single-engine aeroplanes are grouped together in this way into the single-engine aeroplane class rating. Before flying such an aircraft, a pilot must complete appropriate training as required by regulation 61.385 of CASA.
However, many types of aircraft are sufficiently complex or different from other types as to warrant a pilot undertaking type-specific training to be authorised to fly these types. These aircraft are identified as type-rated aircraft. Aircraft that are certificated to be flown by more than one pilot are examples of type-rated aircraft.
Before flying an aircraft, a pilot must be competent in operating the particular aircraft. Consequently, even if pilots are qualified to fly single-engine aeroplanes covered by the class rating, before flying a different type within the class rating, pilots must make sure that they are competent to fly the new type, which may have different systems, performance and handling characteristics to the type of aircraft they flew when qualifying for the class rating.
Nevertheless, some aircraft that are designated as type-rated aircraft are sufficiently similar in their characteristics to other aircraft covered by the relevant class rating as to warrant recognition of ongoing competency checks (flight reviews) done in the type‑rated aircraft for the purposes of the class rating flight review.
There will be aircraft that have been included within a class, although they are sufficiently complex or have performance characteristics that warrant initial type‑specific training and a flight review. Once the pilot has completed that initial type‑specific training and the flight review, the continued competency of the pilot to operate such aircraft in the future can be demonstrated in any aircraft covered by the class rating.
Several regulations in Part 61 of CASR provide for a legislative instrument to prescribe the types of aircraft for which some of the concessions mentioned above apply.
Regulation 61.050 — multi-engine aeroplanes included in single-engine aeroplane class
Under regulation 61.050 of CASR, for paragraph 98 (5A) (a) of the Act, CASA may, by legislative instrument, prescribe aeroplanes that are included in the single-engine aeroplane class. Regulation 61.020 (2) of CASR includes multi-engine centre-line thrust aeroplanes as types of aeroplanes that are covered by a single-engine class. In addition, the definition of a multi-engine aeroplane under regulation 61.010 of CASR excludes a multi‑engine centre-line thrust aeroplane. A person operating such an aeroplane under the authority of a single-engine aeroplane class rating is also required to hold a multi‑engine centre-line thrust design feature endorsement under subregulation 61.380 (2) of CASR.
Aircraft referred to by regulation 61.050 are aircraft that would otherwise be included in the multi-engine aeroplane class rating or type rating. These aircraft are sufficiently like single-engine aeroplanes in their performance and handling characteristics that they can be safely flown under the authority of a single-engine aeroplane class rating.
CASA has reserved its prescription of multi-engine aeroplanes that are to be included in the single-engine aeroplane class because no relevant aircraft have been identified at the time of making the instrument.
Regulation 61.055 — type ratings and variants for multi-crew aircraft
Under subregulation 61.055 (1) of CASR, for paragraph 98 (5A) (a) of the Act, CASA may, by legislative instrument, prescribe for multi-crew aircraft:
(a) the type ratings that may be granted for multi-crew operations; and
(b) the aircraft models that are variants of each other; and
(c) in relation to each variant — the variants for which differences training is required; and
(d) the type ratings for which the flight review requirements may be met by completion of a single flight review; and
(e) the type ratings for which the instrument proficiency check requirements may be met by completion of a single instrument proficiency check.
Under subregulation 61.055 (2) of CASR, for paragraph 98 (5A) (a) of the Act, if 2 or more aircraft models are variants of each other, CASA may, by legislative instrument, prescribe that the models are no longer variants of each other if satisfied that:
(a) the complexity of one of the models’ systems; or
(b) a difference in their performance or handling characteristics;
requires the provision of additional flight training to enable a person to pilot an aircraft of that model safely.
Aircraft referred to by regulation 61.055 are aircraft that are operated by 2 pilots and require initial and ongoing type-specific training and competency checking. These aircraft are sufficiently complex, or their performance or handling characteristics are such, that additional training of the pilots is warranted to enable them to pilot these aircraft safely.
Aircraft types can have variants within each type, and the characteristics of the variants can differ (for example, in such areas as operating systems, size or performance). In some cases, the variant differences are such that additional training of the pilots is warranted to enable them to pilot variants of the original aircraft type. However, there will be variants that are sufficiently similar that additional training and competency checking is not warranted, and completing a proficiency check or a flight review in one variant meets the proficiency check or flight review requirements applicable to the other variants of that type.
Regulation 61.060 — type ratings for single-pilot aircraft
Under subregulation 61.060 (1) of CASR, for paragraph 98 (5A) (a) of the Act, CASA may, by legislative instrument, prescribe the following:
(a) for a type of aircraft that is certificated for single-pilot operation — whether a single-pilot type rating is required;
(b) for aircraft for which single-pilot type ratings are required:
(i) the type ratings that may be granted for single-pilot operation; and
(ii) the aircraft models that are variants of each other; and
(iii) in relation to each variant — the variants for which differences training is required;
(c) the type ratings for which the flight review requirements may be met by completion of a single flight review;
(d) the type ratings for which the instrument proficiency check requirements may be met by completion of a single instrument proficiency check.
Under subregulation 61.060 (2) of CASR, CASA may prescribe that a single-pilot type rating is required for an aircraft only if satisfied that:
(a) the complexity of the aircraft’s systems; or
(b) its performance or handling characteristics;
requires the provision of additional flight training to enable a person to pilot an aircraft of that type safely.
Aircraft referred to by regulation 61.060 are aircraft that may be operated by one pilot and require initial and ongoing type-specific training and competency checking. These aircraft are sufficiently complex, or their performance or handling characteristics are such, that additional training of the pilots is warranted to enable them to pilot these aircraft safely.
Aircraft types can have variants within each type, and the characteristics of the variants can differ (for example, in such areas as operating systems, size or performance). In some cases, the variant differences are such that additional training of the pilots is warranted to enable them to pilot these variants of the original aircraft type.
In other cases, variants are sufficiently similar that additional training and competency checking is not warranted, and completing a proficiency check or a flight review in one variant meets the proficiency check or flight review requirements applicable to the other variants of that type.
Regulation 61.061 — types of aircraft where a flight review for a pilot type rating meets flight review requirements for a class rating
Under regulation 61.061 of CASR, for paragraph 98 (5A) (a) of the Act, CASA may, by instrument, prescribe types of aircraft for which the conduct of a flight review or instrument proficiency check for a pilot type rating meets the flight review requirements for a class rating.
Aircraft referred to by regulation 61.061 are identified as being sufficiently complex, or have performance or handling characteristics, that warrant initial and ongoing type‑specific training and competency checking requirements that must be satisfied before pilots are authorised to fly these types of aircraft. However, conducting a flight review or proficiency check in such an aircraft is regarded as being sufficient to ensure the pilot is also competent operating similar aircraft covered by the class rating and, therefore, would be acceptable for the purposes of a relevant class rating flight review. The aircraft type has sufficient commonality with aircraft included in a relevant class rating that justifies this recognition.
CASA has prescribed types of multi-engine aeroplanes for this purpose, while reserving its prescription of types of single-engine helicopters on this matter.
Regulation 61.062 — types of aircraft with additional limitations on class ratings
Under regulation 61.062 of CASR, for paragraph 98 (5A) (a) of the Act, CASA may, by instrument, prescribe types of aircraft for which flight training and a flight review are required under regulation 61.747 for the exercise of the privileges of a class rating. Under subregulation 61.747 (1), the holder of an aircraft class rating may, subject to other requirements, exercise the privileges of the class rating in an aircraft type prescribed under regulation 61.062.
Aircraft referred to by regulation 61.062 are identified as being sufficiently complex or have performance or handling characteristics that warrant initial type-specific training and a flight review in the specific type.
However, these types are not so different that ongoing training and competency checking needs to be type-specific. In these cases, the pilot only needs to complete initial type-specific training along with a flight review, rather than a flight test, as the means of assessing the pilot’s competence in operating that type of aircraft. Thereafter, a flight review in any other aircraft in the same class satisfies the flight review requirements to fly that type of aircraft.
Regulation 61.063 — types of single-engine helicopters for flight reviews
Under regulation 61.063 of CASR, for paragraph 98 (5A) (a) of the Act, CASA may, by instrument, prescribe types of single-engine helicopters that may be used to conduct flight reviews for other types of single-engine helicopters.
Aircraft referred to by regulation 61.063 are identified as being sufficiently complex or have performance characteristics that warrant initial and ongoing type-specific training and checking requirements that must be satisfied before pilots are authorised to fly these types of aircraft. However, conducting a flight review in such an aircraft is regarded as acceptable for the purposes of the other listed single-engine helicopter types.
CASA has reserved its prescription of single-engine type-rated helicopters that may be used to conduct flight reviews for other single-engine helicopters.
Instrument
For the purposes of the relevant provisions mentioned above, the instrument prescribes the variants, differences training requirements, flight review requirements and type ratings for specified aircraft types. It also prescribes flight training and flight review requirements for class ratings.
Details of provisions
Section 5 prescribes type ratings for multi-crew aeroplane models under paragraph 61.055 (1) (a) of CASR.
Section 6 prescribes type ratings for multi-crew helicopters under paragraph 61.055 (1) (a) of CASR.
Section 7 prescribes variants for multi-crew aeroplanes under paragraph 61.055 (1) (b) of CASR.
Section 8 prescribes variants for multi-crew helicopters under paragraph 61.055 (1) (b) of CASR.
Section 9 prescribes, for paragraph 61.055 (1) (c) of CASR, differences training that is required for a person to exercise the privileges of a multi-crew aeroplane type rating in a variant that is different from the variant for which the person first received the type rating.
Section 10 prescribes, for paragraph 61.055 (1) (c) of CASR, the differences training that is required for a person to exercise the privileges of a multi-crew helicopter type rating in a variant that is different from the variant for which the person first received the type rating.
Section 13 prescribes single-pilot type ratings for aeroplanes under paragraph 61.060 (1) (a) of CASR.
Section 14 prescribes single-pilot type ratings for helicopters under paragraph 61.060 (1) (a) of CASR.
Section 15 prescribes type ratings for single-pilot aeroplanes under subparagraph 61.060 (1) (b) (i) of CASR.
Section 16 prescribes type ratings for single-pilot helicopters under subparagraph 61.060 (1) (b) (i) of CASR.
Section 17 prescribes variants of single-pilot aeroplane models that still have the same type rating for subparagraph 61.060 (1) (b) (ii) of CASR.
Section 18 prescribes variants of single-pilot helicopter models that still have the same type rating for subparagraph 61.060 (1) (b) (ii) of CASR.
Section 19 prescribes, for subparagraph 61.060 (1) (b) (iii) of CASR, differences training that is required for a person to exercise the privileges of a single-pilot aeroplane rating in a variant that is different from the variant for which the person first received the type rating.
Section 20 prescribes, for subparagraph 61.060 (1) (b) (iii) of CASR, differences training that is required for a person to exercise the privileges of a single-pilot helicopter rating in a variant that is different from the variant for which the person first received the type rating.
Section 23 prescribes, for regulation 61.061 of CASR, types of multi-engine aeroplanes for which the conduct of a flight review for a pilot rating meets the flight review requirements for the multi-engine aeroplane class rating.
Section 24 prescribes, for regulation 61.062 of CASR, types of single-engine aeroplanes for which flight training and flight review are required for exercising the privileges of the single-engine aeroplane class rating.
Section 25 prescribes, for regulation 61.062 of CASR, types of multi-engine aeroplanes for which flight training and flight review are required for exercising the privileges of the multi-engine aeroplane class rating.
Section 26 prescribes, for regulation 61.062 of CASR, types of single-engine helicopters for which flight training and flight review are required for exercising the privileges of the single-engine helicopter class rating.
The provisions described above devolve the detail of prescribed matters to the Schedules (described below).
Schedules 2, 3, 6 and 7 set out models and variants of type ratings, and whether differences training is required. Schedule 2 is made for sections 5, 7 and 9; Schedule 3 for sections 6, 8 and 10; Schedule 6 for sections 13, 15, 17 and 19; and Schedule 7 for sections 14, 16, 18 and 20. Schedules 10, 12, 13 and 14 list the detail of types and models of aircraft for the purposes of subsection 23.1, and sections 24, 25 and 26.
Sections 4, 11, 12, 21, 22, subsection 23.2 and section 27 are placeholder provisions that are reserved. (The related Schedules 1, 4, 5, 8, 9, 11 and 15 are also reserved.)
The Schedules are as follows:
Schedule 1 Multi-engine aeroplanes included in the single-engine aeroplane class — RESERVED
Schedule 2 Multi-crew pilot aeroplane type ratings, variants and differences training
Schedule 3 Multi-crew pilot helicopter type ratings, variants and differences training
Schedule 4 Multi-crew type ratings for which flight review or instrument proficiency check met by a single flight review — RESERVED
Schedule 5 Multi-crew type ratings for which instrument proficiency check met by a single instrument proficiency check — RESERVED
Schedule 6 Single-pilot type-rated aeroplanes, type ratings, variants and differences training
Schedule 7 Single-pilot type-rated helicopters, type ratings, variants and differences training
Schedule 8 Single-pilot type ratings for which flight review met by a single flight review — RESERVED
Schedule 9 Single-pilot type ratings for which instrument proficiency check met by a single instrument proficiency check — RESERVED
Schedule 10 Types of multi-engine aeroplanes for which the conduct of a flight review for a pilot rating meets the flight review requirements for the multi-engine aeroplane class rating
Schedule 11 Types of single-engine helicopters for which the conduct of a flight review for a pilot rating meets the flight review requirements for the single-engine helicopter class rating — RESERVED
Schedule 12 Types of single-engine aeroplanes for which flight training and flight review are required for exercising the privileges of the single-engine aeroplane class rating
Schedule 13 Types of multi-engine aeroplanes for which flight training and flight review are required for exercising the privileges of the multi-engine aeroplane class rating
Schedule 14 Types of single-engine helicopters for which flight training and flight review are required for exercising the privileges of the single-engine helicopter class rating
Schedule 15 Types of single-engine helicopters that may be used for flight reviews for other types of single-engine helicopters — RESERVED.
The instrument repeals and replaces instrument Prescription of aircraft and ratings — CASR Part 61 (Edition 5) (Edition 5), in accordance with subsection 33 (3) of the AI Act.
Changes from Edition 5
Schedule 2 is being amended to change some descriptions of aeroplane model variants in column 2 of Schedule 2. These changes will provide increased certainty as to the aircraft models that are covered by the “Gulfstream G-IV type” rating as set out in column 4 of Schedule 2. They also add a new “G7500” type rating for the Bombardier G7500 aircraft, new “ERJ 190/195 E2” series variants under the ERJ170/190 type rating and a differences training requirement for pilots who were issued the type rating on the basis of training completed for the original variants covered by the type rating.
Schedule 6 is being amended to reflect the fact that the manufacturer of the relevant Kingair, Beechcraft and Premier 390 aircraft is Textron Aviation Inc.
Schedules 12 and 13 are being amended to add the Fouga Magister aircraft to those Schedules. There are 3 Fouga Magister aircraft on the Australian Civil Aviation Register (ACAR) affected by these amendments.
Schedule 14 is being amended to remove the Rotorway JetExec model of helicopter. This model of helicopter is amateur-built from a kit. Removing this model from the Schedule will have the effect of providing more flexibility for owner-builders of such aircraft, in that the training to satisfy the requirements of regulation 61.385 of CASR (which sets out the requirement for the holder of a pilot licence to be competent to the standards required by Part 61 Manual of Standards) may now be conducted independently of a Part 141 or 142 operator.
Legislation Act 2003 (the LA)
Under paragraph 98 (5A) (a) of the Act, CASA may issue instruments in relation to matters affecting the safe navigation and operation of aircraft. Under subsection 98 (5AA) of the Act, an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if expressed to apply in relation to a class of persons or aircraft.
Under regulation 61.055 of CASR, CASA’s prescription of type ratings and aircraft model variants for multi-crew aircraft is made by legislative instrument. Similarly, under regulation 61.060 of CASR, CASA’s prescription of aircraft types that require a single-pilot type rating, and the prescription of the type ratings that may be granted for single-pilot operation, is made by legislative instrument.
The various prescriptions made by the instrument apply to classes of persons and aircraft. The instrument also prescribes type ratings and aircraft model variants for multi-crew aircraft and single-pilot aircraft under regulations 61.055 and 61.060 of CASR. Therefore, the instrument is a legislative instrument, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
The amendments to Schedules 12 and 13 are to correct errors in the description of aircraft or how an aircraft was classified or described by CASA.
The other amendments are either administrative, regarding changes in the name of the holder of the type certificates or enable the issue of a type rating for a new aircraft type added to the civil register consistent with the type ratings issued by other foreign national aviation authorities.
The Rotorway JetExec is an experimental amateur-built helicopter. Its removal from Schedule 14 will mainly affect potential owner/builders, and instructors authorised to conduct training on that type. Consultation with potential owner/builders is impractical because CASA cannot identify who they are until they buy and assemble the kits. Regarding the impact on instructors, this instrument brings the training requirements for the Rotorway JetExec in line with CASA’s training requirements for other experimental, amateur-built aircraft, including other Rotorway helicopters, in that the change permits an instructor to conduct independently the training required for pilots to satisfy regulation 61.385 of CASR. There are no identified cost or other safety impacts from this change.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) was prepared by CASA for the regulations that constitute the head of power for the instrument. The RIS was assessed as adequate by OBPR (OBPR ID: 2777) and applies for the purpose of the instrument.
Furthermore, in the context of the changes to Schedules 12 and 13 from Edition 5, contained in the instrument, the changes are covered by a standing agreement between CASA and OBPR, under which a RIS is not required for amendments to CASR Part 61 to add additional aircraft for the purpose of pilot type ratings (OBPR ID: 14507).
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The instrument has been made by a delegate of CASA, relying on the power of delegation under subregulation 11.260 (1) of CASR.
The instrument commences on the day after it is registered.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Prescription of Aircraft and Ratings — CASR Part 61 (Edition 6) Instrument 2019
The 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 legislative instrument prescribes different types of aircraft for relevant provisions in Part 61 of the Civil Aviation Safety Regulations 1998. Part 61 contains regulations for flight crew licensing, including the various requirements for flight crew licences, ratings and endorsements. These requirements, which include flight training in units of competency, aeronautical knowledge examinations, flight tests, flight reviews and proficiency checks, are predicated on types and classes of aircraft and operations, including whether aircraft are variants of other aircraft, and whether in such cases, differences training is required if privileges are safely to be exercised in a variant. These requirements are consistent with Australia’s obligations of conformity to the Chicago Convention on International Civil Aviation, its Protocols and Annexes.
Compared to the previous edition of this instrument (Edition 5), 2 new aircraft types are being added to the list of type ratings and variants in anticipation of those aircraft commencing operations in Australia. Also, 4 models of aircraft are being reclassified as manufactured by a different entity and 1 type of helicopter is being removed from the requirement for the holder of a pilot licence for the helicopter to be competent to the standards required by Part 61 Manual of Standards, such that the training may now be conducted independently of a Part 141 or 142 operator.
Human rights implications
To the extent that certain aircraft are or are not prescribed, it might be said that the right to work, equality and non-discrimination under the International Covenant on Civil and Political Rights or the International Covenant on Economic, Social and Cultural Rights (ICESCR) are engaged for pilots of such aircraft, as they cannot access some of the flight review and proficiency check concessions that the legislative instrument might otherwise provide. However, such differential treatment arises from the requirements of aviation safety for the particular types of specialised aircraft involved, and is consistent with honouring the safety obligations imposed by the Civil Aviation Act 1988.
Conclusion
The 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. To the extent that it may also limit human rights, those limitations are reasonable and proportionate in the interests of aviation safety.
Civil Aviation Safety Authority