{"id":"F2021L01656","name":"CASA 92/21 — Training and Checking (CASR Part 133) Determination 2021","slug":"casa-92-21-training-and-checking-casr-part-133-determination-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102194,"registerId":"commonwealth-F2021L01656-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"2","sectionType":"section","heading":"Duration","content":"2 Duration\n\nThis instrument commences on 2 December 2021.\n\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"3 Definitions\n\n> Note In this instrument certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: air crew member, cabin crew member, flight crew member, IFR flight, medical transport specialist, rotorcraft and VFR flight.\n\n(1) In this instrument:\n\n> CAO 20.11 means Civil Aviation Order 20.11, as in force immediately before 2 December 2021.\n\n> CAO 82.6 means Civil Aviation Order 82.6, as in force immediately before 2 December 2021.\n\n> 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.\n\n> emergency procedures proficiency test means the crew member emergency procedures proficiency test specified in Appendix IV of CAO 20.11.\n\n> NVFR means night visual flight rules.\n\n> NVIS has the same meaning as in section 1 of CAO 82.6.\n\n> NVIS operation has the same meaning as in section 1 of CAO 82.6.\n\n> NVIS proficiency check has the same meaning as in section 1 of CAO 82.6.\n\n> operator’s training and checking manual means the training and checking manual of the operator, as the manual exists from time to time.\n\n> Part 133 MOS means the Part 133 Manual of Standards.\n\n> Note The CASR Dictionary defines Part 133 Manual of Standards as meaning the Manual of Standards issued by CASA under regulation 133.020.\n\n> relevant flight means a flight, for an operator, of a rotorcraft in relation to which Part 133 of CASR applies.\n\n> Note Regulation 133.005 of CASR provides that Part 133 applies in relation to the operation of a rotorcraft for an Australian air transport operation.\n\n(2) In this instrument, unless a contrary intention appears, words and expressions have the same meaning as in regulation 202.418 of CASR.\n\n(3)In this instrument, unless a contrary intention appears, mention of a provision with the prefix “133.” is a reference to that provision as contained in Part 133 of CASR.\n\n(4) In this instrument a reference to an operator’s training and checking manual, includes relevant text included in the operator’s operations manual.\n\n(5) In this instrument a reference to the expiry date of an old event or to a period of time after an old event, includes a reference to any deemed expiry date or when an old event is deemed to have occurred, in accordance with the civil aviation legislation in force immediately before 2 December 2021.\n\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Purpose","content":"4 Purpose\n\nThis instrument is a determination for the purposes of subregulation 202.418 (3) of CASR.\n\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Application","content":"5 Application\n\nThis instrument applies in relation to a relevant flight.\n\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Determination","content":"6 Determination\n\nIf:\n\n(a) on or after 2 December 2021, a requirement (a new requirement), in relation to a training or checking event mentioned in an item of column 1 of the Table in Schedule 1 (a new event), applies in relation to a relevant flight by a person mentioned in the item (the person); and\n\n(b) before 2 December 2021, a training or checking event mentioned in column 2 of the item (the old event) happened in relation to the person; and\n\n(c) the relevant flight occurs:\n\n(i) on or after 2 December 2021; and\n\n(ii) before the expiry of the time specified in column 3 of the item (the expiry date);\n\nthen, I determine that, for the purposes of regulation 202.418 of CASR:\n\n(d) the new event is taken to have happened in relation to the person; and\n\n(e) the new requirement is taken to have been met by the person for a relevant flight that is conducted before the expiry date.\n\n","sortOrder":4},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"New requirements taken to have been met by old events","content":"Schedule 1 New requirements taken to have been met by old events\n\nTable Transitional training and checking events\n\n```html\n

Column 1

Column 2

Column 3

Item

New requirement for a person in relation to a training or checking event (a new event)

Old event in relation to the person

Old event expiry date

Flight crew members

1

General emergency training and check of competency

1. Person: a flight crew member (FCM).

2. New Requirement: Successful completion of the operator’s general emergency training and flight crew member general emergency check of competency for the rotorcraft in accordance with the following:

(a) subregulation 133.270 (4);

(b) paragraph 12.03 (a) of the Part 133 MOS.

Note Under paragraph 12.03 (a) an FCM must successfully complete the operator’s general emergency training under section 12.04 of the Part 133 MOS.

1. Person: an FCM who was required under subsection 12 of CAO 20.11 to undertake and pass, for the rotorcraft, the emergency procedures proficiency test.

2. Old event for the FCM: Successful completion of the emergency procedures proficiency test, that applied for the operator and rotorcraft, and that was valid immediately before 2 December 2021.

For the general emergency training — no expiry date.

Note Remedial training under section 12.09 of the Part 133 MOS may still be required.

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;

(b) the day the FCM undertakes a recurrent general emergency check of competency mentioned in column 1 of item 4;

(c) 2 December 2022.

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 day of the emergency procedures proficiency test;

(b) the day the FCM undertakes a recurrent general emergency check of competency mentioned in column 1 of item 4 for the use of life rafts or underwater escape;

(c) 2 December 2024.

3. Person: An FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: Conduct of at least 1 unsupervised aerial work (air ambulance) flight for the operator using the type or class of rotorcraft.

2

Conversion training and proficiency check

1. Person: an FCM.

2. New Requirement: Successful completion, for the type or class of rotorcraft, of the operator’s conversion training, and the operator’s FCM proficiency check in accordance with:

(a) paragraph 133.370 (2) (g) and subregulation 133.270 (4);

(b) paragraph 12.03 (b) of the Part 133 MOS.

Note Under paragraph 12.03 (b) an FCM must successfully complete the operator’s conversion training under section 12.05 of the Part 133 MOS.

1. Person: an FCM who immediately before 2 December 2021 was subject to the operator’s training and checking organisation (T&CO) under regulation 217 of CAR (an FCM under a T&CO).

2. Old event for the FCM: Successful completion, for the type or class of rotorcraft, of the operator’s conversion training (however described). Successful related proficiency check (however described) for the type or class of rotorcraft, in accordance with the operator’s training and checking manual.

For a flight that is an NVIS operation, NVIS training in accordance with CAO 82.6, and a successful NVIS proficiency check for a pilot in accordance with CAO 82.6 and the operator’s training and checking manual.

In either case, the proficiency check must have been valid immediately before 2 December 2021.

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

Note Remedial training under section 12.09 of the Part 133 MOS may still be required.

For the operator’s FCM proficiency check — the earlier of the following:

(a) the day the proficiency check mentioned in column 2 expires;

(b) for IFR or NVFR flights, 8 months after the proficiency check mentioned in column 2;

(c) for VFR flights by day, 1 year after the proficiency check mentioned in column 2;

(d) the day the FCM undertakes a recurrent proficiency check mentioned in column 1 of item 5;

(e) 2 December 2022.

3. Person: an FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: For VFR flights — successful completion of a flight review that was valid for the rotorcraft under Part 61 of CASR immediately before 2 December 2021.

For IFR flights — successful completion of an instrument proficiency check that was valid for rotorcraft under Part 61 of CASR immediately before 2 December 2021.

For an old event that is a flight review — the earlier of the following:

(a) the day the flight review is no longer valid for the FCM and the rotorcraft;

(b) the day the FCM undertakes a recurrent proficiency check mentioned in column 1 of item 5;

(c) 2 December 2022.

For an old event that is an instrument proficiency check — the earlier of the following:

(a) the day the instrument proficiency check is no longer valid for the FCM and the rotorcraft;

(b) the day the FCM undertakes a recurrent proficiency check mentioned in column 1 of item 5;

(c) 2 December 2022.

3

Line training and line checking

1. Person: an FCM.

2. New Requirement: Successful completion, for the rotorcraft, of the operator’s line training, and the operator’s FCM line check, in accordance with:

(a) paragraph 133.270 (2) (g) and subregulation 133.270 (4);

(b) paragraph 12.03 (c) of the Part 133 MOS.

Note Under paragraph 12.03 (c) an FCM must successfully complete the operator’s line training under section 12.06 of the Part 133 MOS.

1. Person: an FCM under a T&CO.

2. Old event for the FCM: Successful completion, under the T&CO, of the operator’s line training (however described) and at least 1 of the following, in accordance with the operator’s training and checking manual, that was valid immediately before 2 December 2021:

(a) a line check (however described) for the rotorcraft;

(b) a proficiency check (however described) for the type and class of rotorcraft.

No expiry date.

3. Person: an FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: The conduct of at least 1 unsupervised charter or aerial work (air ambulance) flight for the operator using the type or class of rotorcraft.

4

Recurrent training and checking (general emergency check of competency)

1. Person: an FCM.

2. New Requirement: Successful completion, for the type or class of rotorcraft, of the operator’s recurrent general emergency check of competency in accordance with:

(a) paragraph 133.370 (2) (g) and subregulation 133.370 (4);

(b) paragraph 12.03 (e) of the Part 133 MOS.

Note Under paragraph 12.03 (e) an FCM must successfully complete the operator’s recurrent training and checking under section 12.08 of the Part 133 MOS.

1. Person: an FCM who was required under subsection 12 of CAO 20.11 to undertake and pass, for the type or class of rotorcraft, a recurrent emergency procedures proficiency test.

2. Old event for the FCM: Successful completion of the recurrent emergency procedures proficiency test, that applied for the operator and type or class of rotorcraft, and that was valid immediately before 2 December 2021.

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;

(b) the day the FCM undertakes a recurrent general emergency check of competency mentioned in column 1;

(c) 2 December 2022.

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;

(b) the day the FCM undertakes a recurrent general emergency check of competency mentioned in column 1 for the use of life rafts or underwater escape;

(c) 2 December 2024.

3. Person: An FCM to who paragraph 1 does not apply.

4. Old event for the FCM: Conduct of at least 1 unsupervised aerial work (air ambulance) flight for the operator using the type or class of rotorcraft.

5

Recurrent training and checking (proficiency check of competency)

1. Person: an FCM.

2. New Requirement: Successful completion, for the type or class of rotorcraft, of the operator’s recurrent flight crew member proficiency check in accordance with:

(a) paragraph 133.370 (2) (g) and subregulation 133.370 (4);

(b) paragraph 12.03 (e) of the Part 133 MOS

Note Under paragraph 12.03 (e) an FCM must successfully complete the operator’s recurrent training and checking under section 12.08 of the Part 133 MOS.

1. Person: an FCM under a T&CO.

2. Old event for the FCM: Successful completion, under the T&CO, of a recurrent proficiency check (however described) for the type or class of rotorcraft, in accordance with the operator’s training and checking manual, that was valid immediately before 2 December 2021.

The earlier of the following:

(a) the day the proficiency check mentioned in column 2 expires;

(b) for IFR or NVFR flights, 8 months after the proficiency check mentioned in column 2;

(c) for VFR flights by day, 1 year after the proficiency check mentioned in column 2;

(d) the day the FCM undertakes a recurrent proficiency check mentioned in column 1;

(e) 2 December 2022.

3. Person: an FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: For VFR flights — successful completion of a flight review that was valid for the rotorcraft under Part 61 of CASR, immediately before 2 December 2021.

For IFR flights, successful completion of an instrument proficiency check that was valid for rotorcraft under Part 61 of CASR, immediately before 2 December 2021.

For an old event that is a flight review — the earlier of:

(a) the day the flight review is no longer valid for the FCM and the rotorcraft;

(b) the day the FCM undertakes a recurrent proficiency check mentioned in column 1;

(c) 2 December 2022.

For an old event that is an instrument proficiency check — the earlier of:

(a) the day the instrument proficiency check is no longer valid for FCM and the rotorcraft;

(b) the day the FCM undertakes the proficiency check mentioned in column 1;

(c) 2 December 2022.

Air crew members and cabin crew members

6

General emergency training and check of competency

1. Person: an air crew member (ACM) or a cabin crew member (CCM).

2. New Requirement: For an ACM — successful completion of the operator’s general emergency training and ACM general emergency check of competency, for the rotorcraft, in accordance with:

(a) paragraph 133.455 (1) (b) and subregulation 133.455 (2);

(b) paragraph 14.03 (a) of the Part 133 MOS.

Note Under paragraph 14.03 (a) an ACM must successfully complete the operator’s general emergency training under section 14.04 of the Part 133 MOS.

For a CCM — the same requirement as it applies for an ACM.

Note See paragraph 133.425 (3) (b) and section 13.02 of the Part 133 MOS.

1. Person: a crew member, with duties analogous to those of an ACM or CCM, who was required under subsection 12 of CAO 20.11 to undertake and pass, for the rotorcraft, the emergency procedures proficiency test.

2. Old event for the ACM or CCM: Successful completion of the emergency procedures proficiency test, that applied for the operator and the rotorcraft, and that was valid immediately before 2 December 2021.

For the general emergency training — no expiry date.

Note Remedial training under section 14.09 of the Part 133 MOS may still be required.

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;

(b) the day the ACM or CCM undertakes a recurrent general emergency check of competency mentioned in column 1 of item 10;

(c) 2 December 2022.

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;

(b) the day the ACM or CCM undertakes a recurrent general emergency check mentioned in column 10 for the use of life rafts or underwater escape;

(c) 2 December 2024.

3. Person: A crew member to whom paragraph 1 does not apply.

4. Old event for the ACM or CCM: Conduct of at least 1 unsupervised aerial work (air ambulance) flight for the operator using the kind of rotorcraft.

7

Conversion training and proficiency check

1. Person: an ACM or a CCM.

2. New Requirement: For an ACM — successful completion, for the kind of rotorcraft, of the operator’s conversion training and the operator’s ACM proficiency check, in accordance with:

(a) paragraph 133.455 (1) (b) and subregulation 133.455 (2);

(b) paragraph 14.03 (b) of the Part 133 MOS.

Note Under paragraph 14.03 (b) an ACM must successfully complete the operator’s conversion training under section 14.05 of the Part 133 MOS.

For a CCM — the same requirement as it applies for a CCM.

Note See subregulation 425 (3) (b) and section 13.02 of the Part 133 MOS.

1. Person: a crew member, with duties analogous to those of an ACM or CCM, who immediately before 2 December 2021 was subject to the operator’s T&CO under regulation 217 of CAR.

2. Old event for the ACM or CCM: Successful completion, for the kind of rotorcraft, of the operator’s conversion training (however described), and successful related proficiency check (however described) for the kind of rotorcraft, in accordance with the operator’s training and checking manual.

For a crew member with duties analogous to those of an ACM, in relation to a flight that is an NVIS operation, NVIS training in accordance with CAO 82.6, and a successful NVIS proficiency check for a crew member in accordance with CAO 82.6 and the operator’s training and checking manual.

In either case, the proficiency check must have been valid immediately before 2 December 2021.

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

Note Remedial training under section 14.09 of the Part 133 MOS may still be required.

For the operator’s ACM or CCM proficiency check — the earlier of the following:

(a) the day the proficiency check mentioned in column 2 expires;

(b) the day the ACM or CCM undertakes a recurrent proficiency check mentioned in column 1 of item 11;

(c) 2 December 2022.

3. Person: A crew member, with duties analogous to those of an ACM or CCM, to whom paragraph 1 does not apply.

4. Old event for the ACM or CCM: Conduct of at least 1 unsupervised charter or aerial work (air ambulance) flight for the operator using the kind of rotorcraft.

The earlier of the following:

(a) the day the ACM or CCM undertakes a recurrent proficiency check mentioned in column 1;

(b) 2 December 2022.

8

Line training and line checking

1. Person: an ACM or a CCM.

2. New Requirement: For an ACM — successful completion, for the rotorcraft, of the operator’s line training, and the operator’s ACM line check, in accordance with:

(a) paragraph 133.455 (1) (b) and subregulation 133.455 (2);

(b) paragraph 14.03 (c) of the Part 133 MOS.

Note Under paragraph 14.03 (c) an ACM must successfully complete the operator’s line training under section 14.06 of the Part 133 MOS.

For a CCM — the same requirement as it applies for a CCM.

Note See subregulation 425 (3) (b) and section 13.02 of the Part 133 MOS.

1. Person: a crew member, with duties analogous to those of an ACM or a CCM, under a T&CO.

2. Old event for the ACM or CCM: Successful completion, under the T&CO, of the operator’s line training (however described), and at least 1 of the following, in accordance with the operator’s training and checking manual as it applies to the ACM or CCM, that was valid immediately before 2 December 2021:

(a) a line check (however described), for the rotorcraft;

(b) a proficiency check (however described) for the kind of rotorcraft.

No expiry date.

3. Person: a crew member, with duties analogous to those of an ACM or CCM, to whom paragraph 1 does not apply.

4. Old event for the ACM or CCM: The conduct of at least 1 unsupervised charter or aerial work (air ambulance) flight for the operator using the kind of rotorcraft.

9

Differences training

1. Person: an ACM or a CCM.

2. New Requirement: For an ACM — differences training for an operator and the kind of rotorcraft in accordance with:

(a) paragraph 133.455 (1) (b) and subregulation 133.455 (2);

(b) paragraph 14.03 (d) of the Part 133 MOS.

Note Paragraph 14.03 (d) requires an ACM to successfully complete the operator’s differences training under section 14.07 of the Part 133 MOS.

For a CCM — the same requirement as it applies for a CCM.

Note See subregulation 425 (3) (b) and section 13.02 of the Part 133 MOS.

1. Person: a crew member, with duties analogous to those of an ACM or CCM, under a T&CO.

2. Old event for the ACM or CCM: Successful completion, for the operator and the kind of rotorcraft, of differences training (however described) in accordance with the operator’s training and checking manual.

No expiry date.

3. Person: a crew member, with duties analogous to those of an ACM or CCM, to whom paragraph 1 does not apply.

4. Old event for the ACM or CCM: The conduct of at least 1 unsupervised charter or aerial work (air ambulance) flight for the operator using the kind of rotorcraft.

10

Recurrent training and checking (general emergency check of competency)

1. Person: an ACM or a CCM.

2. New Requirement: For an ACM — successful completion, for the kind of rotorcraft, of the operator’s recurrent training in accordance with:

(a) paragraph 133.455 (1) (b) and subregulation 133.455 (2);

(b) paragraph 14.03 (e) of the Part 133 MOS.

Note Under paragraph 14.03 (e) an ACM must successfully complete the operator’s recurrent training and checking under section 14.08 of the Part 133 MOS.

For a CCM — the same requirement as it applies for a CCM.

Note See subregulation 425 (3) (b) and section 13.02 of the Part 133 MOS.

1. Person: a crew member, with duties analogous to those of an ACM or a CCM, who was required under subsection 12 of CAO 20.11 to undertake and pass, for the kind of rotorcraft, a recurrent emergency procedures proficiency test.

2. Old event for the ACM or CCM: Successful completion of the recurrent emergency procedures proficiency test, that applied for the operator and kind of rotorcraft, and that was valid immediately before 2 December 2021.

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;

(b) the day the ACM or CCM undertakes a recurrent general emergency check of competency mentioned in column 1;

(c) 2 December 2022.

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;

(b) the day the ACM or CCM undertakes a recurrent general emergency check of competency mentioned in column 1 for the use of life rafts or underwater escape;

(c) 2 December 2024.

3. Person: a crew member, with duties analogous to those of an ACM or a CCM, to whom paragraph 1 does not apply.

4. Old event for the ACM or CCM: Conduct of at least 1 unsupervised aerial work (air ambulance) flight for the operator using the type or class of rotorcraft.

11

Recurrent training and checking (proficiency check)

1. Person: an ACM or a CCM.

2. New Requirement: For an ACM — successful completion, for the kind of rotorcraft, of the operator’s recurrent proficiency check in accordance with:

(a) paragraph 133.455 (1) (b) and subregulation 133.455 (2);

(b) paragraph 14.03 (e) of the Part 133 MOS.

Note Under paragraph 14.03 (e) an ACM must successfully complete the operator’s recurrent training and checking under section 14.08 of the Part 133 MOS.

For a CCM — the same requirement as it applies for a CCM.

Note See subregulation 425 (3) (b) and section 13.02 of the Part 133 MOS.

1. Person: a crew member, with duties analogous to those of an ACM or CCM, under a T&CO.

2. Old event for the ACM or CCM: Successful completion, under the T&CO, of a recurrent proficiency check (however described) for the kind of rotorcraft, in accordance with the operator’s training and checking manual.

For a crew member with duties analogous to those of an ACM, in relation to a flight that is an NVIS operation — NVIS training in accordance with CAO 82.6 and a successful NVIS proficiency check for the crew member in accordance with CAO 82.6 and the operator’s training and checking manual.

In either case, the proficiency check must have been valid immediately before 2 December 2021.

The earlier of the following:

(a) the expiry date of the recurrent proficiency check;

(b) the day the ACM or CCM undertakes a recurrent proficiency check mentioned in column 1;

(c) 2 December 2022.

3. Person: a crew member to whom paragraph 1 does not apply.

4. Old event for the ACM or CCM: Conduct of at least 1 unsupervised charter or aerial work (air ambulance) flight for the operator using the kind of rotorcraft.

Medical transport specialists

12

General emergency training and check of competency

1. Person: a medical transport specialist (MTS).

2. New Requirement: Successful completion of the operator’s general emergency training and MTS general emergency check of competency for the rotorcraft in accordance with:

(a) paragraph 133.470 (1) (b) and subregulation 133.470(2);

(b) paragraph 15.03 (a) of the Part 133 MOS.

Note Under paragraph 12.03 (a) an MTS must successfully complete the operator’s general emergency training under section 15.04 of the Part 133 MOS.

1. Person: a crew member, with duties analogous to those of an MTS, who was required under subsection 12 of CAO 20.11 to undertake and pass, for the rotorcraft, the emergency procedures proficiency test.

2. Old event for the MTS: Successful completion of the emergency procedures proficiency test, that applied for the operator and the rotorcraft, and that was valid immediately before 2 December 2021.

For the general emergency training — no expiry date.

Note Remedial training under section 15.09 of the Part 133 MOS may still be required.

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;

(b) the day the MTS undertakes a recurrent general emergency check of competency mentioned in column 1 of item 16;

(c) 2 December 2022.

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;

(b) the day the MTS undertakes a recurrent general emergency check mentioned in column 1 of item 16 for the use of life rafts or underwater escape;

(c) 2 December 2024.

3. Person: A crew member, with duties analogous to those of an MTS, to whom paragraph 1 does not apply

4. Old event for the MTS: Conduct of at least 1 unsupervised aerial work (air ambulance) flight for the operator using the kind of rotorcraft.

13

Conversion training and proficiency check

1. Person: an MTS.

2. New Requirement: Successful completion, for the rotorcraft, of the operator’s conversion training, and the operator’s MTS proficiency check in accordance with:

(a) paragraph 133.470 (1) (b) and subregulation 133.470 (2);

(b) paragraph 15.03 (b) of the Part 133 MOS.

Note Under paragraph 15.03 (b) an MTS must successfully complete the operator’s conversion training under section 15.05 of the Part 133 MOS.

1. Person: a crew member, with duties analogous to those of an MTS, who immediately before 2 December 2021 was subject to the operator’s T&CO under regulation 217 of CAR (an MTS under a T&CO).

2. Old event for the MTS: Successful completion, for the rotorcraft, of the operator’s conversion training (however described) for the kind of rotorcraft, and successful related proficiency check (however described) for the kind of rotorcraft, in accordance with the operator’s training and checking manual.

In either case, the proficiency check must have been valid immediately before 2 December 2021.

For the operator’s conversion training — no expiry date

Note Remedial training under section 12.09 of the Part 133 MOS may still be required.

For the operator’s MTS proficiency check — the earlier of the following:

(a) the day the proficiency check mentioned in column 2 expires;

(b) the day the MTS undertakes a recurrent proficiency check mentioned in column 1 of item 17;

(c) 2 December 2022.

3. Person: a crew member, with duties analogous to those of an MTS, to whom paragraph 1 does not apply.

4. Old event for the MTS: Conduct of at least 1 unsupervised charter or aerial work (air ambulance) flight for the operator using the kind of rotorcraft.

The earlier of the following:

(a) the day the MTS undertakes a proficiency check mentioned in column 1;

(b) 2 December 2022.

14

Line training and line checking

1. Person: an MTS.

2. New Requirement: Successful completion, for a rotorcraft, of the operator’s line training, and the operator’s MTS line check, in accordance with:

(a) paragraph 133.470 (1) (b) and subregulation 133.470 (2);

(b) paragraph 15.03 (c) of the Part 133 MOS.

Note Under paragraph 15.03 (c) an MTS must successfully complete the operator’s line training under section 15.06 of the Part 133 MOS.

1. Person: a crew member, with duties analogous to those of an MTS, under a T&CO.

2. Old event for the MTS: Successful completion, under the T&CO, of the operator’s line training (however described) and at least 1 of the following in accordance with the operator’s training and checking manual, that was valid immediately before 2 December 2021:

(a) a line check (however described) for the rotorcraft;

(b) a proficiency check(however described) for the kind of rotorcraft.

No expiry date.

3. Person: a crew member, with duties analogous to those of an MTS, to whom paragraph 1 does not apply.

4. Old event for the MTS: The conduct of at least 1 unsupervised charter or aerial work (air ambulance) flight for the operator using the kind of rotorcraft.

15

Differences training

1. Person: an MTS.

2. New Requirement: Differences training for an operator and the kind of rotorcraft in accordance with:

(a) paragraph 133.470 (1) (b) and subregulation 133.470 (2);

(b) paragraph 15.03 (d) of the Part 133 MOS.

Note Paragraph 15.03 (d) requires an MTS to successfully complete the operator’s differences training under section 15.07 of the Part 133 MOS.

1. Person: a crew member under a T&CO, with duties analogous to those of an MTS.

2. Old event for the MTS: Successful completion for the operator and the kind of rotorcraft, of differences training (however described) in accordance with the operator’s training and checking manual.

No expiry date.

3. Person: a crew member, with duties analogous to those of an MTS, to whom paragraph 1 does not apply.

4. Old event for the MTS: The conduct of at least 1 unsupervised charter or aerial work (air ambulance) flight for the operator using the kind of rotorcraft

16

Recurrent training and checking (general emergency check of competency)

1. Person: an MTS

2. New Requirement: Successful completion, for the kind of rotorcraft, of the operator’s recurrent MTS general emergency check of competency in accordance with:

(a) paragraph 133.470 (1) (b) and subregulation 133.470 (2);

(b) paragraph 15.03 (e) of the Part 133 MOS.

Note Under paragraph 15.03 (e) an MTS must successfully complete the operator’s recurrent training and checking under section 15.08 of the Part 133 MOS.

1. Person: a crew member, with duties analogous to those of an MTS, who was required under subsection 12 of CAO 20.11 to undertake and pass, for the kind of rotorcraft, a recurrent emergency procedures proficiency test.

2. Old event for the MTS: Successful completion of the recurrent emergency procedures proficiency test, that applied for the operator and kind of rotorcraft, that was valid immediately before 2 December 2021.

For the recurrent 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;

(b) the day the MTS undertakes a recurrent general emergency check of competency mentioned in column 1;

(c) 2 December 2022.

For the recurrent 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;

(b) the day the MTS undertakes a recurrent general emergency check of competency mentioned in column 1 for the use of life rafts or underwater escape;

(c) 2 December 2024.

3. Person: a crew member, with duties analogous to those of an MTS, to whom paragraph 1 does not apply.

4. Old event for the MTS: Conduct of at least 1 unsupervised aerial work (air ambulance) flight for the operator using the kind of rotorcraft.

17

Recurrent training and checking (proficiency check of competency)

1. Person: an MTS.

2. New Requirement: Successful completion, for the kind of rotorcraft, of the operator’s recurrent MTS proficiency check in accordance with:

(a) paragraph 133.470 (1) (b) and subregulation 133.470 (2);

(b) paragraph 15.03 (e) of the Part 133 MOS.

Note Under paragraph 15.03 (e) an MTS must successfully complete the operator’s recurrent training and checking under section 15.08 of the Part 133 MOS.

1. Person: a crew member, with duties analogous to those of an MTS, under a T&CO.

2. Old event for the MTS: Successful completion, under the T&CO, of a recurrent proficiency check (however described) for the kind of rotorcraft, in accordance with the operator’s training and checking manual, that was valid immediately before 2 December 2021.

The earlier of the following:

(a) the expiry date of the recurrent proficiency check mentioned in column 2;

(b) the day the MTS undertakes a recurrent proficiency check mentioned in column 1;

(c) 2 December 2022.

3. Person: a crew member, with duties analogous to those of an MTS, to whom paragraph 1 does not apply.

4. Old event for the MTS: Conduct of at least 1 unsupervised charter or aerial work (air ambulance) flight for the operator using the kind of rotorcraft.

\n```","sortOrder":5}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"This instrument implements transitional equivalence between pre‑existing CAO/CAR training/check events and the new CASR Part 133 training/check requirements. That is the instrument’s explicit and narrowly drawn purpose (see clause 4 and the deeming operation in clause 6). It does not broaden Part 133’s substantive regulatory reach beyond transitional preservation of prior events; it limits application to 'relevant flights' (Part 133 operations) and to old events that were valid immediately before 2 December 2021, with defined expiry rules in Schedule 1. Therefore the instrument does not significantly change the scope beyond its original transitional purpose — it preserves existing qualifications for a limited time rather than creating new ongoing entitlements."},"complexity_factors":["Schedule 1 contains 17 distinct mapping items (items 1–17) each with its own conditions","Numerous cross‑references to earlier instruments and statutes: CAO 20.11, CAO 82.6, CAR (as at immediately before 2 Dec 2021) and multiple provisions of Part 133 MOS","Conditional expiry rules in Column 3 that use compound logic (the earlier of several dates/events; calendar cut‑offs; 'no expiry date')","Different classes of personnel and status distinctions (FCM, ACM, CCM, MTS, crew with 'analogous' duties, crew under a T&CO) requiring separate treatment","Mixed temporal references: events required to be valid immediately before 2 Dec 2021; new requirements applying on/after 2 Dec 2021; multiple later cutoff dates (commonly 2 Dec 2022 and 2 Dec 2024) and '3 years after' rules","References to both deemed expiry dates and previously in‑force deeming rules (clause 3(5)), requiring historical legal interpretation of pre‑2 Dec 2021 legislation","Many internal notes and cross‑references to MOS sections (e.g. multiple paragraph/section numbers), increasing the need to consult the MOS alongside the determination","Administrative complexity for operators: verifying historic validity, tracking different expiry triggers, and documenting reliance on the deeming"],"plain_english_summary":"**What this instrument does (mechanically)\n\n- This is a CASA transitional determination (see clause 6) that says: when Part 133 of the Civil Aviation Safety Regulations (CASR) introduced new training or checking requirements, certain *old* training/checking events that happened before 2 December 2021 will be treated as if the *new* requirement has been met for specified periods. The detailed equivalences are set out in Schedule 1 (the large table of items 1–17).\n\n- The instrument defines which terms and historical instruments matter (clause 3). It explicitly ties references to the versions of CAO 20.11, CAO 82.6 and the Civil Aviation Regulations (CAR) as they were immediately before 2 December 2021. It also treats an \"operator’s training and checking manual\" as including relevant parts of the operator’s operations manual (clause 3(4)).\n\n- The legal effect (clause 6): if a new Part 133 requirement applies on/after 2 Dec 2021 to a person for a relevant rotorcraft flight, but that person completed a specified old event before 2 Dec 2021, and the flight happens before the expiry date shown in Schedule 1, then the instrument deems the new event to have happened and the new requirement to have been met for that flight.\n\nWho is affected\n\n- Operators and crew involved in Part 133 rotorcraft Australian air transport operations (see the definition of \"relevant flight\"). The Schedule identifies categories of people and crew types: flight crew members (FCM), air crew members (ACM), cabin crew members (CCM), medical transport specialists (MTS), and other crew whose duties are \"analogous\" to those roles. It also separately treats crew who were subject to an operator’s pre-existing training & checking organisation (T&CO) under CAR.\n\n- The instrument applies to flights where Part 133 of CASR applies (i.e. Australian air transport rotorcraft operations).\n\nWhy this matters (official purpose and testing that claim)\n\n- Officially: the determination is transitional relief to preserve the legal effect of pre-existing training/checking while operators and crew move from the old CAO/CAR-based regime to the new CASR Part 133 requirements. That purpose is stated by the structure and product of the instrument (clause 4 and Schedule 1).\n\n- What that does in practice (costs, incentives and trade-offs):\n - Who decides: CASA (via the delegate who made this instrument) decides the equivalences and time windows (see instrument header and clause 6).\n - Who pays / bears cost: operators and crew bear the administrative and operational costs of tracking who qualifies under which old events, documenting the equivalences, and scheduling any required remedial or recurrent training before the listed expiry dates. If an operator delays required training until after the transitional expiry, the operator or employee will incur the cost of completing the new training/check then.\n - Behaviour change and incentives: the instrument creates time-limited grandfathering. Operators and individuals can continue to rely on prior events up to the expiry dates listed in Schedule 1 rather than immediately completing the new training/checks. That creates an incentive to defer retraining until closer to the expiry date(s).\n - Trade-offs and implementation risk: the instrument reduces immediate administrative and training disruption but imposes a tracking and verification burden (operators must show the old event was valid immediately before 2 December 2021 and must monitor the various expiry rules). If the historical standards differ materially from new MOS standards, there is an implementation risk that equivalence may not reflect the same level of practical competence; the instrument mitigates legal non‑compliance but does not itself change the underlying safety standards in the MOS (Schedule 1 cross‑references the Part 133 MOS and CASR provisions).\n - Compliance burden and verification: the Schedule requires that old events be \"valid immediately before 2 December 2021\" (see many Schedule entries) and clause 3(5) says references to expiry dates include any \"deemed\" expiry dates under the legislation as it stood before 2 December 2021. That requires operators to examine historical records and possibly reconcile different expiry/deeming rules.\n\nConcrete mechanics and key features to notice (with section references)\n\n- Clause 6 is the operative deeming provision: it sets the conditional test (new requirement applies; old event happened before 2 Dec 2021; flight occurs on/after 2 Dec 2021 and before the item’s expiry date) and the legal consequence (new event is \"taken to have happened\" and requirement \"taken to have been met\").\n\n- Schedule 1 contains 17 items covering categories of training/checking (general emergency training/checks, conversion training/proficiency checks, line training/checking, recurrent checks, differences training, NVIS/NVIS proficiency cross‑references, etc.). Each item maps: Column 1 = the new requirement; Column 2 = the old event that qualifies; Column 3 = the expiry rule (either a specific date, \"no expiry date\", or the earlier of several dates/events).\n\n- Expiry rules are frequently conditional: many items say the expiry is the earlier of (a) the expiry date of the specific old CAO proficiency test, (b) the day the person undertakes a specified recurrent check under Part 133 MOS, or (c) a fixed calendar date (commonly 2 December 2022, and for life raft/underwater escape items, 2 December 2024, or 3 years after the old test). See Schedule 1 entries for Items 1, 4, 5, 10, 16 and others.\n\n- The instrument explicitly preserves equivalence for people who were subject to a T&CO under the old CAR (multiple Schedule entries distinguish FCM/ACM/CCM/MTS under a T&CO). That matters to operators who used those organisational arrangements (Schedule 1, multiple items).\n\n- Cross‑references: the instrument ties the new requirements to specific CASR provisions and to the Part 133 Manual of Standards (MOS), and it ties the old events to CAO 20.11, CAO 82.6 and CAR as they stood immediately before 2 Dec 2021 (clauses 3, Schedule 1 text).\n\nShort practical checklist for an operator or crew member\n\n- Identify which Schedule item applies to the person and the flight type (FCM/ACM/CCM/MTS; IFR/NVFR/VFR; NVIS etc.).\n- Confirm the old event was completed and was \"valid immediately before 2 December 2021\" (clause 3(5) and Schedule notes).\n- Note the expiry rule in Column 3 for the item; if it’s a calendar cut‑off (e.g. 2 Dec 2022 or 2 Dec 2024) schedule new training/check before that date if needed.\n- Keep documentary evidence (signed records, dates of old events, any deemed expiry information) to show reliance on the transitional deeming if audited.\n\nBottom line\n\nThis determination is a time‑limited grandfathering mechanism: it preserves the legal effect of certain pre‑2 December 2021 training and checking events so those events satisfy specified new Part 133 requirements for particular categories of crew and flights, subject to the expiry rules in Schedule 1 (operationalised by clause 6). It reduces immediate retraining demand but transfers the burden to operators to verify and track validity and expiry of old events and to plan for the eventual completion of the new Part 133 training/checks."},"kimi_summary":{"_metrics":{"completionTokens":610},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: providing transitional arrangements for training and checking requirements under CASR Part 133. The detailed table structure and multiple crew categories are necessary to implement this specific transition, not scope creep."},"complexity_factors":["17-item table with nested sub-paragraphs and multiple expiry date calculations per item","Extensive cross-referencing to external instruments: CAO 20.11, CAO 82.6, CAR, CASR Parts 61 and 133, and the Part 133 Manual of Standards","Multiple defined terms with 'as in force immediately before 2 December 2021' temporal snapshots","Conditional logic based on crew member category (FCM, ACM, CCM, MTS), flight type (VFR/IFR/NVFR), and whether operator had a training and checking organisation","Expiry dates calculated as 'earlier of' multiple alternatives including fixed dates, original expiry, and trigger events","References to deemed dates and deemed events under superseded legislation"],"plain_english_summary":"This transitional instrument lets helicopter crew—pilots, air/cabin crew and medical transport specialists—use still‑valid training or checks done under the old rules to meet new Part 133 CASR requirements for a limited time. It maps old training events to 17 new requirements with expiry dates for each substitution, creating a temporary grace period to avoid immediate grounding while ensuring crews complete the new standards before their set deadlines."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/casa-92-21-training-and-checking-casr-part-133-determination-2021","history":"/api/acts/casa-92-21-training-and-checking-casr-part-133-determination-2021/history","analysis":"/api/acts/casa-92-21-training-and-checking-casr-part-133-determination-2021/analysis","conflicts":"/api/acts/casa-92-21-training-and-checking-casr-part-133-determination-2021/conflicts","importantCases":"/api/acts/casa-92-21-training-and-checking-casr-part-133-determination-2021/important-cases","documents":"/api/acts/casa-92-21-training-and-checking-casr-part-133-determination-2021/documents"}}