Instrument number CASA EX64/22

I, PHILIPPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.056, 11.160, 11.205 and 61.040 of the Civil Aviation Safety Regulations 1998.

[Signed P. Spence]

Pip Spence
Director of Aviation Safety

7 October 2022

CASA EX64/22 — Flight Training and Flight Tests by Grade 1 Training Endorsement Holders (Exemptions and Approvals) Instrument 2022

1 Name

  This instrument is CASA EX64/22 — Flight Training and Flight Tests by Grade 1 Training Endorsement Holders (Exemptions and Approvals) Instrument 2022.

2 Duration

  This instrument:

(a) commences on the day after it is registered; and

(b) is repealed at the end of 30 September 2025.

3 Definitions

  In this instrument:

aerobatics training endorsement has the same meaning as in item 19 of table 61.1235.

class rating training endorsement has the same meaning as in item 6 of table 61.1235.

design feature training endorsement has the same meaning as in item 7 of table 61.1235.

flight examiner has the meaning given by regulation 61.010 of CASR.

flight instructor has the meaning given by regulation 61.010 of CASR.

flight test has the meaning given by regulation 61.010 of CASR.

flight training has the meaning given by regulation 61.010 of CASR.

formation aerobatics training endorsement has the same meaning as in item 22 of table 61.1235.

formation (aeroplane) training endorsement has the same meaning as in item 20 of table 61.1235.

formation (helicopter) training endorsement has the same meaning as in item 21 of table 61.1235.

grade 1 training endorsement has the same meaning as in item 1 of table 61.1235.

grade 2 training endorsement has the same meaning as in item 2 of table 61.1235.

instrument rating training endorsement has the same meaning as in item 8 of table 61.1235.

instructor rating training endorsement has the same meaning as in item 14 of table 61.1235.

low-level rating training endorsement has the same meaning as in item 11 of table 61.1235.

night VFR rating training endorsement has the same meaning as in item 9 of table 61.1235.

night vision imaging system rating training endorsement has the same meaning as in item 10 of table 61.1235.

Part 141 operator has the meaning given by subregulation 141.015 (3) of CASR.

Part 142 operator has the meaning given by subregulation 142.015 (4) of CASR.

pilot licence has the meaning given by regulation 61.010 of CASR.

sling operations training endorsement has the same meaning as in item 16 of table 61.1235.

spinning training endorsement has the same meaning as in item 18 of table 61.1235.

table 61.1235 means the table in regulation 61.1235 of CASR.

type rating training endorsement has the same meaning as in item 5 of table 61.1235.

winch and rappelling operations training endorsement has the same meaning as in item 17 of table 61.1235.

4 Exemption — flight training

 (1) A flight instructor who holds a grade 1 training endorsement is exempt from compliance with subregulation 61.065 (1) of CASR (when taken together with subregulation 61.1175 (1) as it relates to item 14 of table 61.1235) to the extent that the flight instructor may conduct the following kinds of flight training in relation to the holder of a flight instructor rating without holding an instructor rating training endorsement:

(a) flight training for a grade 2 training endorsement;

(b) flight training for a training endorsement of a kind mentioned in column 1 of items 7 and 16 – 22 of table 61.1235.

Note 1   The effect of the exemption is that the flight instructor may conduct the flight training mentioned, despite not holding an instructor rating training endorsement.

Note 2   The training endorsements mentioned in paragraph (1) (b) are, at the commencement of this instrument:

• item 7: design feature training endorsement
• item 16: sling operations training endorsement
• item 17: winch and rappelling operations training endorsement
• item 18: spinning training endorsement
• item 19: aerobatics training endorsement
• item 20: formation (aeroplane) training endorsement
• item 21: formation (helicopter) training endorsement
• item 22: formation aerobatics training endorsement.

 (2) The exemption in paragraph (1) (b) is subject to the condition that the flight instructor must hold the same kind of training endorsement as that for which the flight training is conducted.

5 Exemption — related provisions requiring flight instructor to be authorised under Part 61

  A Part 141 or 142 operator who employs a flight instructor who is exempt under subsection 4 (1), and the head of operations of such an operator, are exempt from compliance with any provision in Part 141 or 142 of CASR (as the case may be) to the extent to which the provision requires the flight instructor to be authorised under Part 61 of CASR to conduct the flight training concerned.

6 Approvals — flight testing and granting ratings and endorsements

 (1) This section applies in relation to a flight instructor who:

(a) holds a grade 1 training endorsement; and

(b) has successfully completed an instructor proficiency check within the previous 24 months; and

(c) has successfully completed the e-learning modules of the Flight examiner rating course, prepared by CASA, as existing from time to time.

Note   The details of this course can be found on the internet at: https://www.casa.gov.au/licences-and-certificates/flight-examiners/flight-examiner-rating-course.

 (2) The flight instructor is approved under regulation 61.040 of CASR, for the purposes of subregulation 61.245 (3), to conduct a flight test for the grant of an authorisation mentioned in column 1 of Table 1 in relation to the holder of a pilot licence.

 (3) The flight instructor is approved under regulation 61.040 of CASR, for the purposes of subregulation 61.150 (7), to grant an authorisation mentioned in column 1 of Table 1 in relation to the holder of a pilot licence.

 (4) An approval under this section in relation to a flight test for the grant of an authorisation, or the grant of an authorisation, mentioned in column 1 of Table 1 is subject to the following conditions:

(a) the flight instructor must hold the endorsements and any rating mentioned in column 2 of Table 1 for the authorisation;

(b) the flight instructor must not conduct the flight test, or grant the authorisation, unless:

 (i) the flight instructor is employed or engaged by a Part 141 or 142 operator who is authorised to conduct flight training of the kind to which the authorisation relates; and

 (ii) the Part 141 or 142 operator has approved the flight instructor to conduct flight training of that kind;

(c) the flight instructor must comply with the following requirements and obligations of Part 61 of CASR in respect of the flight test as if the instructor were a flight examiner:

 (i) subregulations 61.1275 (2) and (3);

 (ii) paragraph 61.1280 (2) (e);

 (iii) regulation 61.1295;

 (iv) subregulations 61.1300 (4) and (5).

Table 1