CASA EX81/21 – Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021

as amended

made under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

This compilation was prepared on 18 March 2022 taking into account amendments up to instrument CASA EX18/22 — Amendment of CASA EX81/21 (Air Display Practice Flights and Part 173 Validation Flight Checks) Instrument 2022. It is a compilation of CASA EX81/21 – Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021, as amended and in force on 18 March 2022.

Prepared by the Advisory and Drafting Branch, Legal, International and Regulatory Affairs Division, Civil Aviation Safety Authority, Canberra.

Compilation No. 2.

CASA EX81/21 – Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021

Part 1 Preliminary, Definitions and Application

1 Name

  This instrument is CASA EX81/21 – Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021.

2 Duration

  This instrument:

(a) commences on 2 December 2021; and

(b) is repealed at the end of 1 December 2024 (thereby, for paragraph 11.250 (a) of CASR, ceasing to be in force on and from the beginning of 2 December 2024).

3 Definitions

 (1) In this instrument:

aircraft means an aircraft to which Part 91 of CASR applies.

CAR means the Civil Aviation Regulations 1988, as in force immediately before 2 December 2021, and any mention of a provision of CAR refers to that provision as so in force.

CASR means the Civil Aviation Safety Regulations 1998.

civil aviation legislation has the meaning given by section 3 of the Civil Aviation Act 1988.

exposition, of an ASAO, has the meaning given by the CASR Dictionary.

medical certificate has the meaning given by the CASR Dictionary.

medical exemption has the same meaning as in regulation 61.010 of CASR.

Part 105 ASAO has the meaning given by the CASR Dictionary.

recreational aviation medical practitioner’s certificate has the same meaning as in regulation 61.010 of CASR.

State of the operator has the same meaning as “State, for an operator”, as given by the CASR Dictionary.

the Act means the Civil Aviation Act 1988.

 (2) To avoid doubt, in this instrument, unless a contrary intention appears:

(a) words and expressions have the same meaning as in Part 91 of CASR, the CASR Dictionary and the Act, as applicable; and

(b) mention of a provision with the prefix “91.” is a reference to that provision as contained in Part 91 of CASR.

 (3) To avoid doubt, any document incorporated into this instrument is so incorporated as it is in force from time to time.

4 Application

 (1) This instrument applies, according to its terms, to the operator, and the pilot in command, of an aircraft to which Part 91 of CASR applies.

 (2) This instrument also applies, according to its terms, to certain other persons.

Part 2 Directions

5 Flight manual instructions — direction

  The pilot in command for the flight and operation of an aircraft must ensure that any activity in relation to the flight or operation, whether occurring before, during or after the flight, is conducted in a way that meets each requirement or limitation for the activity mentioned in the aircraft flight manual instructions for the aircraft.

6 Recreational aviation medical practitioner’s certificate — direction

 (1) This section applies if a flight crew member of an aircraft for a flight:

(a) does not hold a medical certificate for the flight; but

(b) holds one of the following (the medical document):

 (i) a recreational aviation medical practitioner’s certificate;

 (ii) a medical exemption.

 (2) Subject to subsection (3), the pilot in command of the aircraft for the flight must ensure that, when the aircraft begins the flight, a physical or electronic copy of the medical document is carried on the aircraft.

 (3) Subsection (2) does not apply if:

(a) aerobatic manoeuvres will be conducted during the flight; and

(b) carriage of the document on the aircraft would present a risk to the safety of the aircraft or persons on board the aircraft.

7 Photographic identity documents — direction

 (1) In this section:

identifier means each flight crew member document mentioned in paragraph 91.105 (2) (b) that is carried on to an aircraft for a flight.

Note   An identifier is a particular photographic identification document or a passport.

 (2) The pilot in command of the aircraft for the flight must ensure that, when the aircraft begins the flight, each identifier is one that:

(a) has been issued within the 10 years preceding the day of the flight; and

(b) has not expired or been cancelled since it was issued.

8 Requirements for permitted persons conducting audits — direction

 (1) In this section:

permitted person has the same meaning as in paragraph 91.725 (1) (b), but only with respect to the conduct of an audit.

Note   Permitted person, in this section, means only a person authorised by the operator of an aircraft to conduct an audit of the operation involved.

 (2) The operator of an aircraft must ensure that a permitted person carried on an aircraft for a flight to audit the operation involved (a relevant operation) has:

(a) successfully completed training, in accordance with a written syllabus accepted in writing by the operator, for a person to audit the relevant operation; and

(b) satisfied the operator that the person is competent in such auditing by possessing the skill, knowledge and experience to audit the particular activity that the person is to audit.

 (3) The pilot in command of a flight must be satisfied that a permitted person on the flight to conduct an audit meets the requirements of subsection (2).

 (4) For subsection (2), the operator must ensure that, as soon as practicable after the operation, a written audit report is:

(a) received from the permitted person; and

(b) assessed to determine whether any changes are required for the safety of the operation.

 (5) Each audit report and its assessment must be retained by the operator for at least 3 years after the date of the assessment.

 (6) In this section, a written syllabus is accepted in writing by the operator if:

(a) for a syllabus devised by the operator — the syllabus is included in the operator’s operations manual, training and checking manual, or exposition (the relevant place); and

(b) for a syllabus devised other than by the operator — a reference to the syllabus is included in the operator’s relevant place.

9 Requirements for crew members carrying out audits, checks, examinations etc. — direction

 (1) In this section:

crew member has the same meaning as in paragraph (c) of the definition of crew member in the CASR Dictionary, but only with respect to a crew member as authorised by the aircraft operator to conduct an audit.

Note   Crew member, for this section, means only a person authorised by CASA under the Regulations, or by the operator, to carry out an audit of a crew member mentioned in paragraph (a) or (b) of the definition of crew member in the CASR Dictionary.

 (2) The operator of an aircraft must ensure that a crew member carried on an aircraft for a flight to audit a person mentioned in paragraph (a) or (b) of the definition of crew member in the CASR Dictionary (a relevant person) has:

(a) successfully completed training, in accordance with a written syllabus accepted in writing by the operator, for a person to audit the relevant operation; and

(b) satisfied the operator that the crew member is competent in such auditing by possessing the skill, knowledge and experience to audit the particular activity that the person is to audit.

 (3) The pilot in command of a flight must be satisfied that a crew member (within the meaning of this section) on the flight to conduct an audit meets the requirements of subsection (2).

 (4) For subsection (2), the operator must ensure that, as soon as practicable after the flight, a written report of the audit is:

(a) received from the crew member; and

(b) assessed to determine whether any changes are required for the safety of the operation.

 (5) Each audit report and each audit assessment must be retained by the operator for at least 3 years after the date of the assessment.

 (6) In this section, a written syllabus is accepted in writing by the operator if:

(a) for a syllabus devised by the operator — the syllabus is included in the operator’s operations manual, training and checking manual, or exposition (the relevant place); and

(b) for a syllabus devised other than by the operator — a reference to the syllabus is included in the operator’s relevant place.

10 Training for a foreign class rating or a type rating — direction

 (1) In this section:

permitted person, for this section, has the same meaning as in subregulation 91.725 (1).

Note   In general terms only, a permitted person means a crew member, a person authorised to audit or supervise the operation, or an authorised person carrying out a particular examination, inspection or test.

 (2) This section applies to the pilot in command of an aircraft flight to train a flight crew member for the aircraft class rating, type rating, or foreign equivalent, to be granted under a law of a foreign country.

 (3) For the flight, the pilot in command:

(a) may only carry permitted persons; and

(b) must not carry more than 4 permitted persons (inclusive of the pilot in command).

 (4) This section does not affect the operation of regulation 91.725 according to its terms.

11 Use of military and joint military/civilian aerodromes — direction

 (1) This section applies to the operator and the pilot in command of an Australian aircraft or a foreign-registered aircraft (a relevant aircraft).

 (2) Before operating a flight of a relevant aircraft into, out of, or at, a military aerodrome:

(a) the operator of a relevant aircraft must obtain permission to operate from the relevant military authority for the aerodrome (the relevant military authority); and

Note 1  For information, military aerodromes are listed in the AIP-ERSA, identified by the symbol “MIL”.

Note 2   Relevant military authorities are also listed in the AIP-ERSA.

Note 3   The permission may be in whatever form the relevant military authority chooses.

(b) the operator and the pilot in command of a relevant aircraft must each comply with any applicable conditions of the permission imposed by the relevant military authority that are not contrary to the civil aviation legislation.

 (3) When conducting operations at a joint military/civilian aerodrome, the operator and the pilot in command of a relevant aircraft must each comply with the applicable requirements for the aerodrome contained in the authorised aeronautical information, unless those requirements are contrary to the civil aviation legislation.

Note 1   For information, joint military/civilian aerodromes are listed in the AIP-ERSA, identified by the symbol “JOINT”.

Note 2   At the time of commencement of this direction, the requirements for each joint military/civilian aerodrome are contained in the AIP-ERSA.

Part 3 Exemptions and related directions

12 Maintaining  a continuous watch for ATS standard visual signals — exemption

 (1) This section applies to the pilot in command of an aircraft that is part of aerodrome traffic at a controlled aerodrome (a relevant aircraft).

 (2) The pilot in command is exempted from compliance with subregulations 91.405 (1) and (6), but only to the extent of the requirement under paragraph 91.405 (2) (a) (the requirement that a continuous watch for instructions given visually by Air Traffic Services for the aerodrome using standard visual signals must be maintained).

 (3) The exemption in subsection (2) is subject to the condition that, if it is not possible to maintain the continuous listening watch mentioned in paragraph 91.405 (2) (b), the pilot in command must maintain a watch for instructions given visually by Air Traffic Services for the aerodrome using standard visual signals.

13 Safety when rotorcraft operating on the ground — exemption

 (1) This section applies to a person who operates a foreign registered rotorcraft on the ground.

 (2) The person is exempted from compliance with regulation 91.430, but only to the extent of the requirement, under subparagraph 91.430 (2) (a) (ii), that the person must be authorised to pilot the rotorcraft by the rotorcraft’s State of registry.

 (3) The exemption in subsection (2) is subject to the condition that the person must be authorised to pilot the rotorcraft by the State of the operator.

14 Pilot permission for carriage of animals — exemption and direction

 (1) This section applies to a person who brings an animal onto an aircraft for a flight (the relevant flight) that is:

(a) an Australian air transport operation; or

(b) an aerial work operation conducted by an aerial work operator.

 (2) The person is exempted from compliance with the following:

(a) subregulation 91.620 (1);

(b) subregulation 91.620 (8), but only to the extent of a contravention of subregulation 91.620 (1).

 (3) Each exemption in subsection (2) is subject to the condition that the person has permission to bring the animal onto the aircraft for the relevant flight, from:

(a) the relevant Australian air transport operator; or

(b) the relevant aerial work operator.

 Direction to operator

 (4) The relevant operator may give the person permission provided that the operator and the relevant pilot in command take reasonable steps to ensure that the carriage of the animal does not have an adverse effect on the safety of air navigation.

15 Communication monitoring in controlled airspace — exemption

 (1) This section applies to the pilot in command of an aircraft for a flight (a relevant aircraft) if:

(a) during the flight, the relevant aircraft is flown in controlled airspace; and

(b) while flying in that airspace, the pilot in command does not continuously monitor the primary communications medium used by air traffic control.

 (2) The pilot in command is exempted from compliance with regulation 91.635.

 (3) The exemption in subsection (2) is subject to the condition that the pilot in command must ensure that, when the relevant aircraft is flying in controlled airspace, the primary communications medium used by air traffic control in that airspace is continuously monitored by:

(a) the pilot in command; or

(b) another pilot who occupies a pilot seat in the aircraft.

16 Training for certain activity ratings or endorsements — exemption

 (1) In this section:

permitted person, for this section, has the same meaning as in subregulation 91.725 (1).

Note   In general terms only, a permitted person means a crew member, a person authorised to audit or supervise the operation, or an authorised person carrying out a particular examination, inspection or test.

 (2) This section applies to the pilot in command of an aircraft for a flight (the relevant aircraft) who permits the training mentioned in subparagraph 91.725 (2) (b) (iv) that is:

(a) the training mentioned in Part 61 of CASR for the grant of a low-level rating or an aerial application rating; or

(b) other training for the grant of an equivalent qualification under a law of a foreign country.

 (3) The pilot in command is exempted from compliance with each of the following:

(a) subregulation 91.725 (2), but only to the extent that it applies for an activity mentioned in subparagraph (b) (iv) that is the training mentioned in subsection (2);

(b) paragraph 91.725 (4) (b), but only to the extent that it applies to the training mentioned in subsection (2);

(c) subregulation 91.725 (5), but only to the extent of a contravention of paragraph 91.725 (4) (b).

 (4) Each exemption in subsection (3) is subject to the condition that the pilot in command:

(a) may only carry permitted persons; and

(b) must not carry more than 4 permitted persons (inclusive of the pilot in command).

17 Rotorcraft simulation of emergency and abnormal situations — exemption

 (1) In this section:

permitted person, for this section, has the same meaning as in subregulation 91.725 (1).

Note   In general terms only, a permitted person means a crew member, a person authorised to audit or supervise the operation, or an authorised person carrying out a particular examination, inspection or test.

 (2) This section applies to the pilot in command of a rotorcraft for a flight who permits the simulation (other than verbally) of an emergency or abnormal situation that may affect the handling characteristics of the rotorcraft.

 (3) The pilot in command is exempted from compliance with each of the following:

(a) subregulation 91.725 (2), but only to the extent that it applies for an activity mentioned in subparagraph 91.725 (2) (b) (ii);

(b) paragraph 91.725 (4) (b), but only to the extent that it applies for an activity mentioned in subparagraph 91.725 (2) (b) (ii);

(c) subregulation 91.725 (5), but only to the extent of a contravention of a provision as mentioned in, and qualified by, this subsection.

 (4) Each exemption in subsection (3) is subject to the condition that the pilot in command:

(a) may only carry permitted persons; and

(b) must not carry more than 3 permitted persons (inclusive of the pilot in command), but may carry 4 permitted persons if the pilot in command is satisfied that the presence of a fourth permitted person is essential for the safe conduct of the flight.

18 Multi-engine rotorcraft – simulation of engine failure at night – exemption

 (1) This section applies to the pilot in command of a multi-engine rotorcraft for a flight at night in VMC for the purpose of:

(a) pilot training, checking or testing; or

(b) aircrew training, checking or testing; or

(c) other training, checking or testing;

  during which:

(d) a failure of one of the rotorcraft’s engines is simulated; and

(e) persons other than flight crew members are carried; and

(f) the rotorcraft is not flown within the circling area of an aerodrome in accordance with subparagraph 91.775 (2) (f) (i).

 (2) The pilot in command is exempted from compliance with subregulation 91.775 (1), but only to the extent of the requirements mentioned in the following:

(a) paragraphs 91.775 (2) (b), (c) and (f);

(b) subregulation 91.775 (3), but only to the extent of a contravention of paragraph 91.775 (2) (b), (c), or (f).

 (3) Each exemption in subsection (2) is subject to the following conditions:

(a) the requirements of regulation 91.775, other than those under the provisions mentioned in subsection (2), must be complied with for the flight;

(b) the pilot in command, and any pilot undergoing training, checking or testing, must each use the aircraft’s NVIS as the primary means of terrain avoidance for safe air navigation by means of visual surface reference external to the aircraft;

(c) the use of NVIS is in accordance with all of the requirements of the civil aviation legislation for NVIS;

(d) only crew members necessary for achieving the purposes of the flight may be on board the rotorcraft during the flight;

(e) for paragraph (d), sufficient crew members must be on board if more than one kind of crew member is undergoing training, checking or testing.

Note   The exemption does not affect the application of the provisions of regulation 91.775 for which no exemptions are provided, nor does it affect the other NVIS-related requirements contained in the civil aviation legislation, such as the CASR Part 91 operational NVIS requirements or the CASR Part 61 NVIS rating requirements.’

19 Minimum heights – IFR flights – exemption

 (1) This section applies to the pilot in command of an aircraft for an IFR flight, but only if:

(a) the aircraft is taking off from an aerodrome for flight along a route or a route segment mentioned in paragraph 91.305 (1) (a); and

(b) the aircraft is flown at a height lower than the minimum height mentioned in subregulation 91.305 (2); and

(c) none of the circumstances mentioned in subregulation 91.305 (3) (other than paragraph 91.305 (3) (a)) apply; and

(d) between the take-off and the time the aircraft reaches a minimum height specified in subregulation 91.305 (2) — the pilot in command ensures that the aircraft clears all obstacles by a safe margin.

 (2) The operator is exempted from compliance with regulation 91.305.

20 Air displays in Australian territory — exemption

 (1) This section applies to the pilot in command of an aircraft conducting a flight that is an air display in Australian territory for which a person holds an approval under regulation 91.045 for paragraph 91.180 (1) (b) to conduct the air display.

 (2) The pilot in command is exempted from compliance with the following provisions of CASR:

(a) regulation 91.090 — but only if the aircraft is not operated in a manner that creates a hazard to another aircraft, a person or property;

(b) regulation 91.190 — but only if:

 (i) the operator of the aircraft does not hold an aerial work certificate authorising dispensing operations; and

 (ii) the operation is conducted in VMC; and

 (iii) sections 13.02, 13.04 and 13.05 of the Part 138 Manual of Standards are complied with as if they applied to the flight, and:

(A) references to an operator of any kind are taken to be references to the pilot in command; and

(B) references to an aerial work operation are taken to be references to the flight conducting the dropping; and

(C) references to aerial work passengers are taken to be references to passengers; and

 (iv) section 16.03 of the Part 138 Manual of Standards is complied with as if the flight were a dispensing operation, and:

(A) subsections 16.03 (1) and (8) have no application; and

(B) references to ESO have no application; and

(C) references to a task specialist are taken to be references to “a crew member competent to perform the dropping task to the satisfaction of the pilot in command”;

(c) subregulation 91.455 (2), to the extent of the requirements in section 19.04 of the Part 91 Manual of Standards that an aircraft must carry onboard the aircraft final reserve fuel — but only if:

 (i) it is operationally necessary for the aircraft to carry out the air display flight without the final reserve fuel being carried; and

 (ii) the pilot in command has taken reasonable steps to ensure that the aircraft carries sufficient fuel to enable the proposed flight to be undertaken safely;

(d) the following provisions, namely:

 subregulations 91.375 (1) and (3) (but only in relation to paragraphs 91.375 (2) (a) and (c)); subregulations 91.405 (1) and (6) (subregulation (6) only in relation to subregulation 91.405 (1)); and regulations 91.390, 91.630, 91.635 and 91.640;

 but only if:

 (i) for an air display being conducted in controlled airspace — the person conducting the air display, or the pilot in command of the aircraft, has formal arrangements in place with the Air Traffic Services responsible for the airspace, to ensure separation between the aircraft and other aircraft in the airspace; and

 (ii) for an air display being conducted in uncontrolled airspace — the person conducting the air display, or the pilot in command of the aircraft, has arrangements in place to advise aircraft not involved in the air display that:

(A) the air display is occurring; and

(B) pilots in command of aircraft flying in the air display may not be actively monitoring the relevant radio frequency for the airspace or making the required radio calls.

20A Practice flights for air displays in Australian territory — exemption

 (1) This section applies to each pilot in command of an aircraft for a flight that is solely and demonstrably a practice flight in Australian territory for an actual or anticipated air display to be conducted in Australian territory (a practice flight).

 (2) To avoid doubt, but without affecting subsection (1), the pilot in command of an aircraft may conduct a practice flight to become competent for an actual or anticipated air display before receiving the display organiser’s approval to participate in the display.

 (3) The pilot in command is exempted from compliance with the following provisions of CASR:

(a) regulation 91.090 — but only if, during the practice flight, the aircraft is not operated in a manner that creates a hazard to another aircraft, a person or property;

(b) regulation 91.190 — but only if:

 (i) the operator of the aircraft does not hold an aerial work certificate authorising dispensing operations; and

 (ii) the operation is conducted in VMC; and

 (iii) sections 13.02, 13.04 and 13.05 of the Part 138 Manual of Standards are complied with as if they applied to the practice flight, and:

(A) references to an operator of any kind are taken to be references to the pilot in command; and

(B) references to an aerial work operation are taken to be references to the practice flight conducting the dropping; and

(C) references to aerial work passengers are taken to be references to passengers; and

 (iv) section 16.03 of the Part 138 Manual of Standards is complied with as if the practice flight were a dispensing operation, and:

(A) subsections 16.03 (1) and (8) have no application; and

(B) references to ESO have no application; and

(C) references to a task specialist are taken to be references to “a crew member competent to perform the dropping task to the satisfaction of the pilot in command”;

(c) subregulation 91.455 (2), to the extent of the requirements in section 19.04 of the Part 91 Manual of Standards that an aircraft must carry on board the aircraft final reserve fuel — but only if:

 (i) it is operationally necessary for the aircraft to carry out the practice flight without the final reserve fuel being carried; and

 (ii) the pilot in command has taken reasonable steps to ensure that the aircraft carries sufficient fuel to enable the proposed practice flight to be undertaken safely;

(d) the following provisions, namely:

• subregulations 91.375 (1) and (3) (but only in relation to paragraphs 91.375 (2) (a) and (c));
• subregulations 91.405 (1) and (6) (subregulation (6) only in relation to subregulation 91.405 (1)); and
• regulations 91.390, 91.630, 91.635 and 91.640;

 but only if:

 (i) for a practice flight being conducted in controlled airspace — the pilot in command of the aircraft has specific, demonstrable and formal arrangements in place with the Air Traffic Services responsible for the airspace, to ensure separation between the pilot’s aircraft carrying out the practice flight and other aircraft in the airspace; and

 (ii) for a practice flight being conducted in uncontrolled airspace — the pilot in command of the aircraft has specific and demonstrable arrangements in place to advise aircraft not involved in the practice flight that:

(A) the practice flight is occurring; and

(B) the pilot in command of the aircraft carrying out the practice flight may not be actively monitoring the relevant radio frequency for the airspace or making the required radio calls; and

 (iii) for a practice flight being conducted in the vicinity of a non-controlled aerodrome — the pilot in command of the aircraft ensures that a ground communications station (the station) is operating during the practice flight that:

(A) is capable of advising other aircraft that are operating in the vicinity of the aerodrome of the activities, location and direction of the practice flight; and

(B) has a radio operator, to conduct any radio communications, who is authorised under Part 61 or Part 64 of CASR to transmit on an aviation safety radio frequency; and

(C) is active on a VHF frequency different to the common traffic advisory frequency (CTAF) that is monitored by the pilot in command during the flight (a separate VHF frequency), and is also active on the CTAF; and

(D) commences operations at least 10 minutes before the flight begins and continues throughout the duration of the flight; and

 (iv) for a practice flight being conducted in the vicinity of a non-controlled aerodrome — the pilot in command of the aircraft ensures that the aircraft used for the flight is fitted with, or carrying, an operative VHF radio transceiver; and

 (v) for a practice flight being conducted in the vicinity of a non-controlled aerodrome — the pilot in command of the aircraft monitors the separate VHF frequency during the conduct of a practice flight, unless the flight has ceased, or has not started or resumed, in accordance with subparagraph (vi) or (vii); and

 (vi) for a practice flight being conducted in the vicinity of a non-controlled aerodrome — the pilot in command of the aircraft ensures that the practice flight ceases 10 minutes before the expected arrival time at the aerodrome of any scheduled air transport operation; and

 (vii) for a practice flight being conducted in the vicinity of a non-controlled aerodrome — the pilot in command of the aircraft ensures that the practice flight is not started or resumed until:

(A) a period of 10 minutes has elapsed after the departure of any scheduled air transport operation; or

(B) an aircraft conducting a scheduled air transport operation is more than 10 nautical miles away from the aerodrome reference point of the aerodrome.

Note   If the pilot in command must cease a practice flight, then the radio monitoring, reporting and broadcast rule variances permitted by this exemption also cease, and the pilot in command must resume radio monitoring, reporting and broadcasting in accordance with Part 91 requirements until the variances are permitted to resume.

 (4) Each exemption under subsection (3) is subject to the conditions in subsections (5), (6) and (7).

 (5) If the pilot in command of an aircraft in a practice flight does not start, or ceases, or suspends the flight, in accordance with subparagraph (3) (d) (vi) or (vii), then any exemption under this instrument from any radio monitoring, reporting or broadcasting rule ceases temporarily to apply to the pilot until the requirements of subparagraph (3) (d) (vi) or (vii) no longer apply to the pilot.

 (6) The pilot in command must, before a practice flight begins, demonstrate that the proposed flight is solely and demonstrably a practice flight, if so requested in writing by a CASA officer.

 (6) The pilot in command must, within 3 months of completion of a practice flight, demonstrate that the flight was solely and demonstrably a practice flight, if so requested in writing by a CASA officer.

21 Compliance with flight manual — exemption

 (1) The pilot in command of an aircraft to which Part 91 applies is exempted from compliance with the following provisions of CASR:

(a) paragraph 91.095 (2) (a);

(b) subregulation 91.095 (3) (in relation to paragraph 91.095 (2) (a)).

 (2) The exemptions in subsection (1) are subject to the condition that the pilot in command complies with the requirements and limitations set out in the aircraft flight manual instructions for the aircraft.

22 Hot fuelling aircraft — exemption

 (1) This section applies to the pilot in command of a turbine-powered aeroplane that is:

(a) used to facilitate or conduct parachute operations; and

(b) operated under an approval (however described) to conduct the parachute operations issued by a Part 105 ASAO.

 (2) The pilot in command is exempted from regulation 91.505.

 (3) The exemption in subsection (2) is subject to the conditions that:

(a) the exposition of the Part 105 ASAO must include hot refuelling requirements equivalent to the matters specified in paragraph 138.300 (1) (b) of CASR (the ASAO hot refuelling requirements); and

(b) the operator of the aircraft must require its pilots in command to comply with the ASAO hot refuelling requirements; and

(c) the pilot in command of the aircraft must comply with the ASAO hot refuelling requirements.

24 Validation of terminal instrument flight procedures — minimum height rules — exemption

 (1) In this section:

CASA pilot has the meaning given by subregulation 173.095 (2) of CASR.

validation flight check has the meaning given by subregulation 173.095 (2) of CASR.

 (2) This section applies to each of the following (a relevant person):

(a) a CASA pilot who, as the pilot in command, conducts a validation flight check for regulation 173.095 of CASR;

(b) a person who, as the pilot in command, conducts a validation flight check for a terminal instrument flight procedure for regulation 173.095 of CASR, in the circumstance mentioned in paragraph 7.1.24.3 of the Part 173 MOS.

 (3) A relevant person is exempted from compliance with the following subregulations of CASR:

(a) 91.265 (2);

(b) 91.265 (3);

(c) 91.265 (5);

(d) 91.267 (2);

(e) 91.267 (4).

 (4) Each exemption under subsection (3) is subject to the condition that the validation flight check must be conducted in accordance with the applicable standards set out in Chapter 7 of the Part 173 Manual of Standards.

Note to CASA EX81/21 – Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021

CASA EX81/21 – Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021 (in force under) as shown in this compilation is amended as indicated in the tables below.

Table of instruments

Table of amendments