Instrument number CASA EX77/24

I, steven JAMES campbell, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed S. Campbell]

Steven Campbell
Executive Manager, National Operations & Standards

19 November 2024

CASA EX77/24 –Transitional Training and Checking Requirements for Crew Members in Part 133 Operations – Exemption Instrument 2024

1 Name of instrument

  This instrument is CASA EX77/24 – Transitional Training and Checking Requirements for Crew Members in Part 133 Operations – Exemption Instrument 2024.

2 Duration

  This instrument:

(a) commences on 2 December 2024; and

(b) is repealed at the end of 1 December 2027.

3 Definitions

  In this instrument:

CAO 20.11 means Civil Aviation Order 20.11, as in force immediately before 2 December 2021.

emergency procedures proficiency test means the crew member emergency procedures proficiency test specified in Appendix IV of CAO 20.11.

flight review has the meaning given by the CASR Dictionary.

non-scheduled air transport operation has the meaning given by the CASR Dictionary.

Part 133 MOS means the Part 133 Manual of Standards.

Note   The CASR Dictionary defines Part 133 Manual of Standards as meaning the Manual of Standards issued by CASA under regulation 133.020.

relevant flight means a flight, for an operator, of a rotorcraft to which Part 133 of CASR applies.

Note   Regulation 133.005 of CASR provides that Part 133 applies to the operation of a rotorcraft for an Australian air transport operation.

relevant operator means the operator of a relevant flight.

4 Application

  This instrument applies to:

(a) each crew member of a relevant flight:

 (i) who has a designation mentioned in column 3 of Table 1; and

 (ii) to whom a provision mentioned in column 5 of Table 1 applies; and

(b) each operator of a relevant flight.

5 Exemptions

 (1) In this section:

critical date means the date that is notified to the relevant operator by CASA for the purposes of section 39 of CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024 (CASA EX73/24).

Note 1  This is the specified date notified to one or more relevant operators by CASA. After this date, relevant operators no longer have the benefit of Part 8 of CASA EX73/24 but may have the benefit of this latest exemption instrument if they satisfy its requirements and conditions.

Note 2   As of 2 December 2024, the critical date is 28 February 2025, unless varied by CASA.

Note 3   This exemption instrument has no application to a relevant operator who has voluntarily opted not to take the benefit of CASA EX87/21 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2021 or its successor CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024.

 (2) If:

(a) on or after the critical date, a requirement, in relation to a training or checking event mentioned in an item of column 1 of Table 1, applies in relation to a relevant flight by a person with a designation mentioned in column 2 of the same item (the crew member); and

(b) before the critical date, a training or checking event mentioned in column 4 of the item (the previous event) happened in relation to the crew member (including if under a previous designation mentioned in column 3); and

(c) the relevant flight occurs:

 (i) on or after the critical date; and

 (ii) before the end of the day specified in column 6 of the item (the expiry date);

  then:

(d) the crew member is exempted from compliance with each provision mentioned in column 5 of the item; and

(e) the operator of the relevant flight is exempted from compliance with the same provision to the extent that the provision:

 (i) applies to the operator; or

 (ii) imposes on the operator an obligation to ensure that:

(A) the crew member complies with the provision; or

(B) the relevant flight may not commence unless the provision has been complied with.

 

Table 1

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Training or checking event

Current designation

Previous designation

Previous event

Provisions exempted from

Expiry date — the end of:

1. Flight crew member annual general emergency training and check of competency

Flight crew member

Flight crew member who was required under subsection 12 of CAO 20.11 to undertake and pass, for the rotorcraft, the emergency procedures proficiency test

Successful completion, for the operator and the rotorcraft, of the following that was valid immediately before the critical date:

(a) the emergency procedures proficiency test.

(a) paragraph 133.370(2)(g) for the purposes of paragraphs 12.03(a) and (e), and section 12.08, of the Part 133 MOS;

(b) subregulation 133.375(1), to the extent of the exemptions under paragraph (a).

For the general emergency training — no expiry date.

For the general emergency check of competency, other than for the use of life rafts or underwater escape, the earlier of the following:

 (a) the expiry date of the emergency procedures proficiency test mentioned in column 4;

 (b) 28 February 2026.

For the general emergency check of competency for the use of life rafts or underwater escape, the earlier of the following:

 (a) 3 years after the date of the emergency procedures proficiency test mentioned in column 4;

 (b) 3 years after the date of completion of a competency assessment (however described) in the use of life rafts or underwater escape, where the date of completion is after 28 February 2023;

 (c) 1 December 2027.

2. Flight crew member annual general emergency training and check of competency

Flight crew member

Flight crew member who was not required under subsection 12 of CAO 20.11 to undertake and pass, for the rotorcraft, the emergency procedures proficiency test

Conduct of at least 1 unsupervised flight that is a non‑scheduled air transport operation or medical transport operation for the operator and the rotorcraft after 28 February 2024 but before the critical date.

(a) paragraph 133.370(2)(g) for the purposes of paragraphs 12.03(a) and (e), and section 12.08, of the Part 133 MOS;

(b) subregulation 133.375(1), to the extent of the exemptions under paragraph (a).

28 February 2026

3. Flight crew member conversion training and flight crew member proficiency check

Flight crew member

Flight crew member

For VFR flights — successful completion of a flight review that was valid for the rotorcraft under Part 61 of CASR immediately before the critical date.

 

For IFR flights — successful completion of an instrument proficiency check that was valid for the rotorcraft under Part 61 of CASR immediately before the critical date.

(a) paragraph 133.370(2)(g) for the purposes of paragraph 12.03(b) of the Part 133 MOS;

(b) subregulation 133.375(1), to the extent of the exemptions under paragraph (a);

(c) subregulations 133.395(1) and (2).

For the operator’s conversion training — no expiry date.

For the operator’s FCM proficiency check — for day VFR flights – the earlier of the following:

(1) if the successful completion of a flight review occurred before 28 May 2024:

 (a) the expiry date of the flight review;

 (b) 28 May 2025;

(2) if the successful completion of a flight review occurred between 29 May 2024 and 28 August 2024:

 (a) the expiry date of the flight review;

 (b) 28 August 2025;

(3) if the successful completion of a flight review occurred between 29 August 2024 and 28 November 2024:

 (a) the expiry date of the flight review;

 (b) 28 November 2025;

(4) if the successful completion of a flight review occurred between 29 November 2024 and 28 February 2025:

 (a) the expiry date of the flight review;

 (b) 28 February 2026.

For the operator’s FCM proficiency check — for

IFR or night VFR flights – the earlier of the following:

 (a) the expiry date of the check mentioned in column 4;

 (b) 28 February 2026.

4. Flight crew member line training and line check

Flight crew member

Flight crew member

Conduct of at least 1 unsupervised flight that is an air transport operation for the operator and the rotorcraft after 28 February 2024 but before the critical date.

(a) paragraph 133.370(2)(g) for the purposes of paragraph 12.03(c) of the Part 133 MOS;

(b) subregulation 133.375(1), to the extent of the exemptions under paragraph (a).

No expiry date.

5. Air crew member recurrent training and checking (general emergency check of competency)

Air crew member

A crew member, with duties analogous to those of an air crew member or, who was required under subsection 12 of CAO 20.11 to undertake and pass, for the rotorcraft, a recurrent emergency procedures proficiency test

Successful completion, for the operator and the rotorcraft, of the following that was valid immediately before the cessation of the critical date:

(a) the emergency procedures proficiency test.

(a) paragraph 133.455(1)(b) for the purposes of paragraphs 14.03(a) and (e), and section 14.08, of the Part 133 MOS;

(b) subregulation 133.460(1), to the extent of the exemptions under paragraph (a).

For the general emergency training — no expiry date.

For the general emergency check of competency, other than for the use of life rafts or underwater escape, the earlier of the following:

 (a) the expiry date of the emergency procedures proficiency test mentioned in column 4;

 (b) 28 February 2026.

For the general emergency check of competency for the use of life rafts or underwater escape, the earlier of the following:

 (a) 3 years after the date of the emergency procedures proficiency test mentioned in column 4;

 (b) 3 years after the date of completion of a competency assessment (however described) in the use of life rafts or underwater escape, where the date of completion is after 28 February 2023;

 (c) 1 December 2027.

6. Air crew member recurrent training and checking (general emergency check of competency)

Air crew member

A crew member, with duties analogous to those of an air crew member, who was not required under subsection 12 of CAO 20.11 to undertake and pass, for the rotorcraft, a recurrent emergency procedures proficiency test

Conduct of at least 1 unsupervised air transport operation for the operator and the rotorcraft after 28 February 2024 but before the critical date.

(a) paragraph 133.455(1)(b) for the purposes of paragraphs 14.03(a) and (e), and section 14.08, of the Part 133 MOS;

(b) subregulation 133.460(1), to the extent of the exemptions under paragraph (a).

For the general emergency training — no expiry date.

For the general emergency check of competency, other than for the use of life rafts or underwater escape — 28 February 2026.

For the general emergency check of competency for the use of life rafts or underwater escape, the earlier of the following:

 (a) 3 years after the date of completion of a competency assessment (however described) in the use of life rafts or underwater escape, where the date of completion is after 28 February 2023;

 (b) 1 December 2027.

7. Air crew member conversion and recurrent training and checking (proficiency check)

Air crew member

A crew member with duties analogous to those of an air crew member

Conduct of at least 1 unsupervised air transport operation for the operator and the rotorcraft after 28 February 2024 but before the critical date.

(a) paragraph 133.455(1)(b) for the purposes of paragraphs 14.03(b) and (e), and section 14.08, of the Part 133 MOS;

(b) subregulation 133.460(1), to the extent of the exemptions under paragraph (a).

For the operator’s conversion training — no expiry date.

For the operator’s proficiency check — 28 February 2026.

8. Air crew member line training and line checking

Air crew member

A crew member with duties analogous to those of an air crew member

Conduct of at least 1 unsupervised flight that is an air transport operation for the operator and the rotorcraft after 28 February 2024 but before the critical date.

(a) paragraph 133.455(1)(b) for the purposes of paragraph 14.03(c) of the Part 133 MOS;

(b) subregulation 133.460(1), to the extent of the exemptions under paragraph (a).

No expiry date.

9. Cabin crew member recurrent training and checking (general emergency check of competency)

Cabin crew member

A crew member, with duties analogous to those of a cabin crew member, who was required under subsection 12 of CAO 20.11 to undertake and pass, for the rotorcraft, a recurrent emergency procedures proficiency test

Successful completion, for the operator and the rotorcraft, of the following that was valid immediately before the critical date:

(a) the emergency procedures proficiency test.

(a) paragraph 133.425(1)(b) for the purposes of section 13.02, paragraphs 14.03(a) and (e), and section 14.08, of the Part 133 MOS;

(b) subregulation 133.430(1), to the extent of the exemptions under paragraph (a).

For the general emergency training — no expiry date.

For the general emergency check of competency, other than for the use of life rafts or underwater escape, the earlier of the following:

 (a) the expiry date of the emergency procedures proficiency test mentioned in column 4;

 (b) 28 February 2026.

For the general emergency check of competency for the use of life rafts or underwater escape, the earlier of the following:

 (a) 3 years after the date of the emergency procedures proficiency test mentioned in column 4;

 (b) 3 years after the date of completion of a competency assessment (however described) in the use of life rafts or underwater escape, where the date of completion is after 28 February 2023;

 (c) 1 December 2027.

10. Cabin crew member recurrent training and checking (general emergency check of competency)

Cabin crew member

A crew member, with duties analogous to those of a cabin crew member, who was not required under subsection 12 of CAO 20.11 to undertake and pass, for the rotorcraft, a recurrent emergency procedures proficiency test

Conduct of at least 1 unsupervised air transport operation for the operator and the rotorcraft after 28 February 2024 but before the critical date.

(a) paragraph 133.425(1)(b) for the purposes of section 13.02, and paragraphs 14.03(a) and (e), and section 14.08, of the Part 133 MOS;

(b) subregulation 133.430(1), to the extent of the exemptions under paragraph (a).

For the general emergency training — no expiry date.

For the general emergency check of competency, other than for the use of life rafts or underwater escape — 28 February 2026.

For the general emergency check of competency for the use of life rafts or underwater escape:

 (a) 3 years after the date of completion of a competency assessment (however described) in the use of life rafts or underwater escape, where the date of completion is after 28 February 2023;

 (b) 1 December 2027.

11. Cabin crew member conversion and recurrent training and checking (proficiency check)

Cabin crew member

A crew member with duties analogous to those of a cabin crew member

Conduct of at least 1 unsupervised air transport operation for the operator and the rotorcraft after 28 February 2024 but before the critical date.

(a) paragraph 133.425(1)(b) for the purposes of section 13.02 and paragraphs 14.03(b) and (e), and section 14.08, of the Part 133 MOS;

(b) subregulation 133.430(1), to the extent of the exemptions under paragraph (a).

For the operator’s conversion training — no expiry date.

For the operator’s proficiency check — 28 February 2026.

12. Cabin crew member line training and line checking

Cabin crew member

A crew member with duties analogous to those of a cabin crew member

Conduct of at least 1 unsupervised flight that is an air transport operation for the operator and the rotorcraft after 28 February 2024 but before the critical date.

(a) paragraph 133.425(1)(b) for the purposes of section 13.02, and paragraph 14.03(c) of the Part 133 MOS;

(b) subregulation 133.430(1), to the extent of the exemptions under paragraph (a).

No expiry date.

13. Medical transport specialist recurrent training and checking (general emergency check of competency)

Medical transport specialist

A crew member, with duties analogous to those of a medical transport specialist, who was required under subsection 12 of CAO 20.11 to undertake and pass for the rotorcraft, the emergency procedures proficiency test

Successful completion, for the operator and the rotorcraft, of the following that was valid immediately before the critical date:

(a) the emergency procedures proficiency test.

(a) paragraph 133.470(1)(b) for the purposes of paragraphs 15.03(a) and (e), and section 15.08, of the Part 133 MOS;

(b) subregulation 133.475(1), to the extent of the exemptions under paragraph (a).

For the general emergency training — no expiry date.

For the general emergency check of competency, other than for the use of life rafts or underwater escape, the earlier of the following:

 (a) the expiry date of the emergency procedures proficiency test mentioned in column 4;

 (b) 28 February 2026.

For the general emergency check of competency for the use of life rafts or underwater escape, the earlier of the following:

 (a) 3 years after the date of the emergency procedures proficiency test mentioned in column 4;

 (b) 3 years after the date of completion of a competency assessment (however described) in the use of life rafts or underwater escape, where the date of completion is after 28 February 2023;

 (c) 1 December 2027.

14. Medical transport specialist recurrent training and checking (general emergency check of competency)

Medical transport specialist

A crew member, with duties analogous to those of a medical transport specialist, who was not required under subsection 12 of CAO 20.11 to undertake and pass, for the rotorcraft, the emergency procedures proficiency test

Conduct of at least 1 unsupervised flight that is a medical transport operation for the operator and of rotorcraft after 28 February 2024 but before the critical date.

(a) paragraph 133.470(1)(b) for the purposes of paragraphs 15.03(a) and (e), and section 15.08, of the Part 133 MOS;

(b) subregulation 133.475(1), to the extent of the exemptions under paragraph (a).

For the general emergency training — no expiry date.

For the general emergency check of competency, other than for the use of life rafts or underwater escape — 28 February 2026.

For the general emergency check of competency for the use of life rafts or underwater escape, the earlier of the following:

 (a) 3 years after the date of completion of a competency assessment (however described) in the use of life rafts or underwater escape, where the date of completion was after 28 February 2023;

 (b) 1 December 2027.

15. Medical transport specialist conversion and recurrent training and checking (proficiency check)

Medical transport specialist

A crew member with duties analogous to those of a medical transport specialist

Conduct of at least 1 unsupervised medical transport operation for the operator and the rotorcraft after 28 February 2024 but before the critical date.

(a) paragraph 133.470(1)(b) for the purposes of paragraphs 15.03(b) and (e), and section 15.08, of the Part 133 MOS;

(b) subregulation 133.475(1), to the extent of the exemptions under paragraph (a).

For the operator’s conversion training — no expiry date.

For the operator’s proficiency check — 28 February 2026.

16. Medical transport specialist line training and line checking

Medical transport specialist

A crew member with duties analogous to those of a medical transport specialist

Conduct of at least 1 unsupervised medical transport operation for the operator and the rotorcraft after 28 February 2024 but before the critical date.

(a) paragraph 133.470(1)(b) for the purposes of paragraph 15.03(c) of the Part 133 MOS;

(b) subregulation 133.475(1), to the extent of the exemptions under paragraph (a).

No expiry date