Instrument number CASA EX68/22

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

29 August 2022

CASA EX68/22 – Amendment of CASA EX66/21 (Significant Change Approval Requirements – Part 141 Operators and Relevant Part 142 Operators) Instrument 2022

1 Name

  This instrument is CASA EX68/22  Amendment of CASA EX66/21 (Significant Change Approval Requirements – Part 141 Operators and Relevant Part 142 Operators) Instrument 2022.

2 Commencement

  This instrument commences on 1 September 2022.

3 Amendment of instrument CASA EX66/21

  Schedule 1 amends CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021.

Schedule 1 Amendment

 After Part 13

insert

Part 14 — Significant Change Approval Requirements (Part 141 Operators and Relevant Part 142 Operators) Exemptions

64 Definitions

Note   In this Part, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: AOC, differences training, Part 141 operator, Part 142 operator and variant.

  In this Part:

authorised Part 141 flight training, for a Part 141 operator, has the meaning given by subregulation 141.015 (2) of CASR.

Part 142 activity has the meaning given by subregulation 142.015 (1) of CASR.

relevant Part 142 operator means the holder of an AOC that authorises the conduct of a Part 142 activity in an aircraft.

65 Exemption — Part 141 operators

 (1) A Part 141 operator is exempt from compliance with subregulations 141.085 (1), 141.095 (1) and 141.265 (1) of CASR to the extent that the provisions (when taken together with subparagraph (a) (ix) of the definition of significant change in regulation 141.025) require the operator to have obtained CASA’s approval of a significant change in relation to the kinds of aircraft used by the operator to conduct authorised Part 141 flight training.

 (2) However, the exemption in subsection (1) does not apply in relation to a significant change of a kind disapplied by section 67.

66 Exemption — relevant Part 142 operators

 (1) A relevant Part 142 operator is exempt from compliance with subregulations 142.140 (1), 142.150 (1) and 142.345 (1) of CASR to the extent that the provisions (when taken together with subparagraph (a) (xi) of the definition of significant change in regulation 142.030) require the operator to have obtained CASA’s approval of a significant change in relation to the kinds of aircraft used by the operator to conduct Part 142 activities.

 (2) However, the exemption in subsection (1) does not apply in relation to a significant change of a kind disapplied by section 67.

67 Exclusions — significant change for particular aircraft

  This Part does not apply in relation to a significant change relating to any of the following aircraft of a Part 141 operator or a relevant Part 142 operator:

(a) multi-crew aircraft with the type ratings that may be granted for multi-crew operation prescribed, for paragraph 61.055 (1) (a) of CASR, in a legislative instrument made by CASA;

(b)              a variant model of an aircraft of the kind mentioned in paragraph (a) that requires differences training;

(c)              a type of aircraft that is certificated for single-pilot operation and for which singlepilot type ratings are required, with the type ratings that may be granted for single-pilot operation prescribed, for subparagraph 61.060 (1) (b) (i) of CASR, in a legislative instrument made by CASA;

(d)              a variant model of an aircraft of the type mentioned in paragraph (c) that requires differences training;

(e)              an aircraft covered by a class rating, being the first aircraft of that class to be used by the operator in authorised Part 141 flight training or a Part 142 activity;

(f)              a type of aircraft prescribed in an instrument made by CASA under regulation 61.062 of CASR;

(g)              a pressurised aircraft, being the first pressurised aircraft to be used by the operator in authorised Part 141 flight training or a Part 142 activity;

(h)              a turbine-engined aircraft, being the first turbine-engined aircraft to be used by the operator in authorised Part 141 flight training or a Part 142 activity.

Note   At the commencement of this Part, the latest edition of the legislative instrument mentioned in paragraphs 67 (a), (c) and (f) is Prescription of Aircraft and Ratings — CASR Part 61 (Edition 8) Instrument 2021. That instrument prescribes variant models (including variant models requiring differences training) for both multi-crew and single-pilot aircraft.