Prescription of Aircraft and Ratings — CASR Part 61 (Edition 7) Instrument 2020

Prescription of Aircraft and Ratings — CASR Part 61 (Edition 7) Instrument 2020

Purpose

Prescription of Aircraft and Ratings — CASR Part 61 (Edition 7) Instrument 2020 (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. As a result of the exemption in CASA EX99/18 — Flight Reviews Exemption 2018, this requirement does not apply if the pilot has completed a flight review in another type-rated aircraft of the same category, provided that, for a multi-engine aircraft, the flight review was completed in a multi-engine aircraft of that category.

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 CASR.

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. Subregulation 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:

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:

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:

 (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;

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:

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 1 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.

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 1 gives the instruments its name and provides that the instrument commences on the day after it is registered.

Section 2 repeals instrument Prescription of aircraft and ratings — CASR Part 61 (Edition 6) (Edition 6), in accordance with subsection 33 (3) of the AI Act.

Section 3 contains definitions of terms used in the instrument, including a number of abbreviations.

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:

Changes from Edition 6

The instrument repeals and replaces Edition 6.

A policy decision has been made to delete references to the B737-8 (Max8) model until the findings of an international inquiry into its training requirements are finalised. Other aircraft have been added, such as the Beriev Be-200ES aeroplane and the Sikorsky S60 helicopter.

There have been minor changes of an editorial nature to the descriptions of models or variants. These changes have had no consequences for the relevant ratings or their training requirements.

Details of amendments to the Schedules, other than minor editorial changes, are set out below.

Schedule 2 — Multi-crew pilot aeroplane type ratings, variants and differences training

In Schedule 2, for Airbus as manufacturer or type certificate holder (see column 1), 2 new Airbus models have been added (the A320 NX series and the A321 NX series), with both requiring pilots to hold the A320 rating.

An entry has been made for the Beriev Aeroplane Company (see column 1), with the Be-200ES model requiring the BER2E rating.

As mentioned previously, The Boeing Company has had the B737-8 (Max8) model removed.

The Eclipse Aerospace EA500 model has been removed together with its rating. A reference to it remains in Schedule 6 as the aircraft is certified for single-pilot operations.

For Embraer S.A. in column 1, the reference to EMB 505 (Phenom 300) models has had the words “all models” added at the end of the reference. This provides for a new model with updated avionics.

Gulfstream Grumman in column 1 has had references to the Astra 1125/G100 and Galaxy 1126/G200 added to the list of models, together with the associated ratings ASTRA and G200, respectively. Israel Aircraft Industries has had its references to those models removed, as it is no longer the type certificate holder.

Schedule 3 — Multi-crew pilot helicopter type ratings, variants and differences training

Schedule 3 is being amended as follows.

Helicopters listed with Agusta Westland, EH Industries and Agusta Bell (see column 1) have been deleted and transferred to other manufacturers or type certificate holders (TCHs). Other manufacturers and TCHs have had name changes for greater accuracy. The manufacturer/TCH Leonardo has been inserted in column 1 in relation to helicopters previously associated with Agusta Westland. These are included in column 2, with their ratings set out in column 4.

A number of ex-military Sikorsky S60 helicopters acquired as limited category aircraft for firefighting purposes have been added to the Australian Civil Aircraft Register (the Register) to join the existing S70 helicopters, to be flown under the existing SK70 helicopter rating.

Schedule 6 — Single-pilot type-rated aeroplanes, type ratings, variants and differences training

The single-pilot type rating is no longer required for the Eclipse Aerospace EA500 aircraft. An impending amendment of instrument CASA 07/17 will impose a condition on the type rating that will limit the privileges of the flight crew rating to multi-crew operations only, unless the pilot completes flight training and demonstrates proficiency in single-pilot operations. The aircraft can then be flown under its Schedule 6 type rating in both single-pilot and multi-crew operations.

The reference to the Embraer EMB505 in column 2 has been altered to cover the introduction of a new model.

Schedule 7 — Single-pilot type-rated helicopters, type ratings, variants and differences training

Helicopters referred to in this Schedule have been redistributed to new manufacturers and TCHs to recognise new arrangements for their manufacture and supply.

Agusta Westland and Agusta helicopters, such as the A 109 models and variants, and the AW 139, 169 and 189, are now produced by Leonardo. Bell helicopters such as the 206 LT and the Bell 222 are produced by Bell Helicopter Textron Inc. The AB212 and the AB412 are now produced by Leonardo and Bell Helicopter Textron Inc.

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

Some of the amendments to the Schedules are to update the description of aircraft or how an aircraft is classified by CASA. The B737-8 (Max8) model has been removed from the Register and other models have been added to it.

The other amendments are either administrative, regarding changes in the name of the holder of the type certificate or new arrangements for the manufacture or distribution of aircraft, or to enable the issue of a type rating for a new aircraft type or model consistent with the type ratings issued by other foreign national aviation authorities.

Changes have also been made to the required training for models or variants of aircraft.

There are no identified cost or safety impacts from these changes, apart from the removal of the B737-8 (Max8) from the instrument which is consistent with the current international inquiry. CASA has consulted with a proposed operator of B737‑8 (Max8) aircraft.

In these circumstances, CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.

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 the Schedules from Edition 6, 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 Part 61 of CASR 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 7) Instrument 2020

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.

New aircraft types are being added to the list of type ratings and models in recognition of those aircraft commencing operations in Australia. Also, various models of aircraft are being reclassified as manufactured or distributed by a new entity. One aircraft model is being removed from the instrument, pending completion of an inquiry into its training requirements. That aircraft is currently not on the Australian Civil Aircraft Register.

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 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