Instrument number CASA EX93/16

I, GRAEME MILLS CRAWFORD, Acting Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed G.M. Crawford]

Graeme M. Crawford
Acting Director of Aviation Safety

17 June 2016

Exemption — instrument proficiency checks for aircraft pilot type ratings

1 Duration

  This instrument:

(a) commences on 1 July 2016; and

(b) is repealed at the end of 31 August 2018.

2 Repeal

  CASA instrument EX41/16 is repealed.

3 Definitions

 (1) Subject to subsection (2), in this instrument words and phrases have the same meaning as in Part 61 of CASR 1998 (unless the contrary intention appears).

 (2) In this instrument:

CASR 1998 means the Civil Aviation Safety Regulations 1998.

IPC means instrument proficiency check.

 (3) A reference in this instrument to a provision that includes the numerals 61, is a reference to the provision in Part 61 of CASR 1998.

 (4) A reference to the 12 month period in subsection 6 (1) is a reference to the period of 12 months calculated in the same way as the period would be calculated under subregulation 61.805 (3) if the exemption had not been made.

 (5) A reference to the 24 month period:

(a) in subsection 6 (1) — is a reference to the period of 24 months calculated in the same way as the 12 period is calculated.

(b) in subsections 8 (1) and 10 (1) — is a reference to the period of 24 months calculated in the same way as the period would be calculated under subregulation 61.805 (2) if the exemption had not been made.

4 Application

  This instrument applies according to its terms.

5 Exemption No. 1 — Single-pilot turbojet aeroplane type ratings

 (1) The holder of a single-pilot turbojet aeroplane type rating (the SP type rating holder) for the exercise of privileges under the IFR is exempted from subregulation 61.805 (3).

 (2) The SP type rating holder is exempted from subregulations 61.805 (5) and (6).

 (3) The exemptions in this section are subject to the conditions in section 6.

6 Conditions – Exemption No. 1 – Single-pilot turbojet aeroplane type ratings

 (1) The SP type rating holder must have a valid IPC as if the requirements under subregulation 61.805 (3), to have a valid IPC for the aeroplane type covered by the rating during the 12 month period, applied as a requirement to have a valid IPC for any single-pilot turbojet aeroplane type during the 24 month period.

Note   Thus, for an SP type rating holder, the 12-monthly IPC requirement under subregulations 61.805 (1) and (3) may be satisfied by a 24-monthly IPC in any single-pilot turbojet aeroplane type.

 (2) Subregulations 61.805 (5) and (6) must be complied with as if they applied despite the exemption in subsection 5 (2) of this instrument, except that references to “relevant aircraft” for paragraphs 61.805 (3) (e) and (f) must be taken to be references to any single-pilot turbojet aeroplane type (rather than the particular single-pilot turbojet aeroplane type covered by the holder’s rating).

Note   Thus, it is a condition of the exemption from the requirements in subregulations 61.805 (5) and (6), that subregulations 61.805 (5) and (6) be complied with, but in the particular context of the operation of the exemption.

7 Exemption No. 2 — Multi-crew aircraft type ratings

 (1) The holder of a multi-crew aircraft pilot type rating (the multi-crew type rating holder) for a particular aircraft category for the exercise of privileges under the IFR is exempted from subregulation 61.805 (2).

 (2) The holder is exempted from subregulations 61.805 (5) and (6).

 (3) The exemptions in this section are subject to the conditions in section 8.

 (4) This section does not apply to an SP type rating holder or the holder of a pilot type rating for a particular aircraft category, other than a multi-crew aircraft pilot type rating for a particular aircraft category.

8 Conditions – Exemption No. 2 – Multi-crew aircraft type ratings

 (1) The multi-crew type rating holder for a particular aircraft category must have a valid IPC, as if the requirements under subregulation 61.805 (2), to have a valid IPC for the aircraft type covered by the rating during the 24 month period, applied as a requirement to have a valid IPC for any multi-crew type-rated aircraft in the same category during the 24 month period.

 (2) Subregulations 61.805 (5) and (6) must be complied with as if they applied despite the exemption in subsection 7 (2) of this instrument, except that references to “relevant aircraft” for paragraphs 61.805 (2) (e) and (f) must be taken to be references to any multi-crew aircraft type in the same category as that of the multi-crew aircraft type rating holder’s rating (rather than the particular aircraft type covered by the holder’s rating).

Note   Thus, it is a condition of the exemption from the requirements in subregulations 61.805 (5) and (6), that subregulations 61.805 (5) and (6) be complied with, but in the particular context of the operation of the exemption.

9 Exemption No. 3 — Other aircraft type ratings

 (1) The holder of a pilot type rating for the exercise of privileges under the IFR (the holder) is exempted from subregulation 61.805 (2).

 (2) The holder is exempted from subregulations 61.805 (5) and (6).

 (3) The exemptions in this section are subject to the conditions in section 10.

 (4) This section does not apply to an SP type rating holder or a multi-crew aircraft type rating holder.

10 Conditions – Exemption No. 3 – Other aircraft type ratings

 (1) The holder must have a valid IPC, as if the requirements under subregulation 61.805 (2), to have a valid IPC for the aircraft type covered by the rating during the 24 month period, applied as a requirement to have a valid IPC for any type-rated aircraft in the same category during the 24 month period.

 (2) Subregulations 61.805 (5) and (6) must be complied with as if they applied despite the exemption in subsection 9 (2) of this instrument, except that references to “relevant aircraft” for paragraphs 61.805 (2) (e) and (f) must be taken to be references to any aircraft type in the same category as that of the holder’s pilot type rating (rather than the particular aircraft type covered by the holder’s rating).

Note   Thus, it is a condition of the exemption from the requirements in subregulations 61.805 (5) and (6), that subregulations 61.805 (5) and (6) be complied with, but in the particular context of the operation of the exemption.

11 General condition — Exemption Nos. 1, 2 and 3

  An exemption mentioned in section 5, 7 or 9 does not apply to the pilot type rating holder mentioned in the section unless the holder’s pilot licence records that the holder has a valid IPC in accordance with the condition in subsection 6 (1), 8 (1) or 10 (1) (as the case requires).