{"id":"F2026L00395","name":"CASA EX29/26 – Part 141 operators using a sole instructor – Exemption Instrument 2026","slug":"casa-ex29-26-part-141-operators-using-a-sole-instructor-exemption-instrument-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":108016,"registerId":"commonwealth-F2026L00395-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA EX29/26 – Part 141 operators using a sole instructor – Exemption Instrument 2026","content":"Instrument number CASA EX29/26\n\nI, DANIEL BERNARD O’HAGAN, Section Manager Drafting, Legal Division, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.\n\n\\[Signed D.B. O’Hagan\\]\n\nDaniel O’Hagan  \nSection Manager Drafting  \nLegal Division\n\n27 March 2026\n\nCASA EX29/26 – Part 141 operators using a sole instructor – Exemption Instrument 2026\n\n1 Name\n\nThis instrument is CASA EX29/26 – Part 141 operators using a sole instructor – Exemption Instrument 2026.\n\n2 Duration\n\nThis instrument:\n\n(a) commences on 1 April 2026; and\n\n(b) is repealed at the end of 31 March 2029.\n\n3 Application\n\nThis instrument applies, according to its terms, to the following persons, with respect to Part 141 flight training that is conducted by a relevant Part 141 operator or that is to be conducted by a relevant applicant:\n\n(a) a relevant Part 141 operator;\n\n(b) the relevant Part 141 operator’s chief executive officer;\n\n(c) the relevant Part 141 operator’s head of operations;\n\n(d) the relevant Part 141 operator’s sole instructor;\n\n(e) a relevant applicant.\n\n4 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 authorised Part 141 flight training, flight training, operator, Part 141 certificate and Part 141 operator, all of which are defined in the CASR Dictionary.\n\nIn this instrument:\n\n> excluded flight training means authorised Part 141 flight training for any of the following:\n\n(a) a flight crew licence category rating;\n\n(b) an instrument rating;\n\n(c) an instructor rating.\n\n> flight crew licence category rating means a category rating on a flight crew licence for a category of aircraft under regulation 61.015 of CASR.\n\n> instructor rating has the meaning given by regulation 61.010 of CASR.\n\n> instrument rating means a rating granted under Subpart 61.M of CASR.\n\n> Part 141 flight training has the meaning given by subregulation 141.015(1) of CASR.\n\n> relevant applicant means a person who applies to CASA for a Part 141 certificate with the intention, conveyed to CASA in writing, of:\n\n(a) being the sole individual who carries out the Part 141 flight training mentioned in any Part 141 certificate granted to the person; or\n\n(b) using a single individual for the purposes of carrying out the Part 141 flight training mentioned in any Part 141 certificate granted to the person.\n\n> relevant Part 141 operator means a Part 141 operator (whether incorporated or otherwise) who:\n\n(a) is the sole individual who carries out the Part 141 flight training mentioned in the operator’s Part 141 certificate; or\n\n(b) uses a single individual for the purposes of carrying out the Part 141 flight training mentioned in the operator’s Part 141 certificate.\n\n> significant change has the meaning given by regulation 141.025 of CASR.\n\n> sole instructor, in relation to a relevant Part 141 operator, means:\n\n(a) the relevant Part 141 operator, if they carry out the Part 141 flight training mentioned in their Part 141 certificate as the sole individual doing so; or\n\n(b) the individual used by the relevant Part 141 operator for the purposes of carrying out the Part 141 flight training mentioned in the operator’s Part 141 certificate.\n\n5 Exemptions — chief executive officer\n\n(1) The relevant Part 141 operator’s chief executive officer is exempt from compliance with the following provisions of CASR, but only to the extent that each provision would otherwise apply in relation to a matter that is the subject of another exemption under this instrument:\n\n(a) subparagraph 141.070(b)(i);\n\n(b) subregulation 141.075(1).\n\n> Note 1 Subparagraph 141.070(b)(i) of CASR imposes conditions on a Part 141 certificate, relating to compliance with Part 141, that the relevant Part 141 operator and the relevant Part 141 operator’s key personnel (which includes its chief executive officer) must comply with.\n\n> Note 2 Subregulation 141.075(1) of CASR makes it an offence for the relevant Part 141 operator to contravene a condition of its Part 141 certificate.\n\n(2) Those exemptions are subject to the conditions mentioned in subsection 8(2).\n\n6 Exemptions — head of operations\n\n(1) The relevant Part 141 operator’s head of operations is exempt from compliance with the following provisions of CASR, but only to the extent that each provision would otherwise apply in relation to a matter that is the subject of another exemption under this instrument:\n\n(a) subparagraph 141.070(b)(i);\n\n(b) subregulation 141.075(1) of CASR.\n\n> Note 1 Subparagraph 141.070(b)(i) of CASR imposes conditions on a Part 141 certificate, relating to compliance with Part 141, that the relevant Part 141 operator’s key personnel (which includes its head of operations) must comply with.\n\n> Note 2 Subregulation 141.075(1) of CASR makes it an offence for the relevant Part 141 operator to contravene a condition of its Part 141 certificate.\n\n(2) The relevant Part 141 operator’s head of operations is exempt from compliance with paragraph 141.130(2)(h) of CASR, but only to the extent of the requirement under subparagraph 141.130(4)(b)(iv).\n\n> Note Under paragraph 141.130(2)(h) of CASR, the head of operations is responsible for the requirement under subparagraph 141.130(4)(b)(iv) to ensure that the sole instructor must hold a valid standardisation and proficiency check for the relevant Part 141 operator under regulation 141.190 of CASR.\n\n(3) The relevant Part 141 operator’s head of operations is exempt from compliance with paragraph 141.130(2)(o) of CASR, but only to the extent that a requirement under paragraph 141.130(5)(d) relates to training bases where the relevant Part 141 operator conducts flight training other than excluded flight training.\n\n> Note Under paragraph 141.130(2)(o) of CASR, the head of operations is responsible for implementing and managing the relevant Part 141 operator’s processes mentioned in paragraph 141.130(5)(d), namely, a process for regularly assessing the suitability of the operator’s facilities and resources for conducting the training.\n\n(4) The exemptions in this section are subject to the conditions mentioned in subsection 8(2).\n\n7 Exemptions — Part 141 operator\n\n(1) The relevant Part 141 operator is exempt from compliance with subregulation 141.085(1) of CASR, but only to the extent to which:\n\n(a) the relevant Part 141 operator makes a significant change to its training bases where the relevant Part 141 operator conducts Part 141 flight training other than excluded flight training; and\n\n(b) the change is not approved by CASA.\n\n> Note Subregulation 141.085(1) of CASR provides that a Part 141 operator commits an offence if the operator makes a significant change to its training bases and CASA has not approved the significant change.\n\n(2) The relevant Part 141 operator is exempt from compliance with subregulation 141.185(1) of CASR, but only to the extent that the sole instructor fails to hold a valid standardisation and proficiency check for the relevant Part 141 operator under regulation 141.190 of CASR.\n\n> Note Subregulation 141.185(1) of CASR provides that a Part 141 operator commits an offence if an instructor conducts authorised Part 141 flight training and does not hold a valid standardisation and proficiency check for the operator under regulation 141.190 of CASR (which specifies when an instructor is taken to hold a valid standardisation and proficiency check).\n\n(3) The relevant Part 141 operator is exempt from compliance with regulation 141.195 of CASR, but only to the extent that the sole instructor fails to hold a valid standardisation and proficiency check for the relevant Part 141 operator under regulation 141.185 of CASR.\n\n> Note Regulation 141.195 of CASR sets out the requirements for a valid standardisation and proficiency check.\n\n(4) A relevant Part 141 operator is exempt from compliance with the following provisions of CASR:\n\n(a) subparagraph 141.260(1)(b)(ii) — but only in relation to the training bases where it conducts Part 141 flight training other than excluded flight training;\n\n> Note Subparagraph 141.260(1)(b)(ii) of CASR requires the operator’s operations manual to include the address of each of the operator’s training bases.\n\n(b) paragraph 141.260(1)(s) — but only in relation to the location of the training bases where it conducts Part 141 flight training other than excluded flight training.\n\n> Note Paragraph 141.260(1)(s) of CASR requires the operator’s operations manual to include the operator’s process for making a significant change to its training bases and for telling CASA of the change.\n\n(5) The relevant Part 141 operator is exempt from compliance with the following provisions of CASR, but only to the extent that the provision would otherwise apply in relation to a matter that is the subject of another exemption under this instrument:\n\n(a) subparagraph 141.070(a)(i);\n\n(b) subregulation 141.075(1).\n\n> Note 1 Subparagraph 141.070(a)(i) of CASR imposes conditions on a Part 141 certificate, relating to compliance with Part 141, that the relevant Part 141 operator must comply with.\n\n> Note 2 Subregulation 141.075(1) of CASR makes it an offence for the relevant Part 141 operator to contravene a condition of its Part 141 certificate.\n\n(6) The exemptions in this section are subject to the conditions mentioned in section 8.\n\n8 Conditions\n\n(1) Each exemption in this instrument that is applicable to a relevant Part 141 operator is subject to the following conditions:\n\n(a) the relevant Part 141 operator must ensure that CASA is notified of the relevant Part 141 operator’s primary base for its Part 141 flight training, and of any change to the primary base;\n\n(b) the relevant Part 141 operator must have and comply with an operations manual that is fully consistent with the sample operations manual prepared by CASA for Part 141 operators with a sole instructor, as it is in force from time to time.\n\n> Note CASA’s sample operations manual for individual Part 141 operators is available on the CASA website.\n\n(2) Each exemption in this instrument that is applicable to a relevant Part 141 operator, the relevant Part 141 operator’s chief executive officer or the relevant Part 141 operator’s head of operations is subject to the condition that the relevant Part 141 operator, the officer and the head must each ensure compliance with the conditions under subsection (1).\n\n9 Relevant applicants — exemption\n\nA relevant applicant is exempt from paragraph 141.055(2)(f) of CASR — but only to the extent that the appointed or proposed chief executive officer would otherwise be required to give a written undertaking in relation to a matter that is the subject of an exemption under this instrument.\n\n> Note Subregulation 141.060(1) of CASR requires CASA to issue a Part 141 certificate if it is satisfied of the matters listed in that subsection, which include that the applicant’s operations manual complies with regulation 141.260, which includes the following provisions:\n\n(a) subparagraph 141.260(1)(b)(ii), which would otherwise require the operations manual to include the address of each of the applicant’s training bases where it will conduct flight training, if not for subsection 7(4), which exempts a relevant Part 141 operator from compliance with the subparagraph in relation to the training bases where it conducts Part 141 flight training other than excluded flight training;\n\n(b) paragraph 141.260(1)(p), which would otherwise require the operations manual to describe the facilities that the applicant will use to conduct the activities concerned but, as a consequence of the exemption granted by subsection 7(4), does not require that description to include the training bases where the applicant will conduct flight training other than excluded flight training.\n\n10 Relevant applicants — cessation of this instrument\n\nThis instrument ceases to have effect for a person who was a relevant applicant if the person:\n\n(a) becomes a relevant Part 141 operator having the benefit of section 9; and\n\n(b) fails to operate within the scope of:\n\n(i) their Part 141 certificate; or\n\n(ii) this instrument.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This instrument appears to be a targeted, time-limited exemption instrument with a narrow, specific purpose: reducing regulatory burden for very small Part 141 flight training operators. The scope aligns with the stated intent in the title and throughout — it does not appear to have expanded beyond its original purpose of facilitating sole instructor operations. The exclusions for advanced training (instrument ratings, etc.) show deliberate boundary-setting rather than scope creep."},"complexity_factors":["Heavy cross-referencing to Civil Aviation Safety Regulations 1998 (CASR) — requires reader to look up external regulations (141.070, 141.075, 141.085, 141.130, 141.185, 141.190, 141.195, 141.260, etc.) to understand what is being exempted","Nested conditional logic — exemptions apply 'only to the extent that' other exemptions apply, creating dependency chains (e.g., sections 5, 6, 7(5))","Dual-scope definitions — 'sole instructor' and 'relevant Part 141 operator' each have two alternative definitions depending on corporate structure (incorporated vs unincorporated)","Carve-outs within carve-outs — exemptions are limited to 'training bases where the operator conducts flight training other than excluded flight training', creating a negative definition loop","8 defined terms in section 4, but several rely on external CASR definitions (flight crew licence category rating, instructor rating, instrument rating, Part 141 flight training, significant change)","Conditional cessation clause in section 10 — instrument stops applying if applicant becomes operator but then operates outside scope","Interplay between exemptions for applicants (section 9) and operators (section 7) requires tracking hypothetical future states"],"plain_english_summary":"**What this does:**\nThis instrument gives small flight training operators a break from some red tape. Specifically, it lets **Part 141 operators** (businesses or individuals approved to give flight training) operate with just **one instructor** — either the business owner themselves or a single employee — without having to meet certain administrative and personnel requirements that normally apply to larger training organisations.\n\n**Who it affects:**\n- **Small flight schools** run by a single person or using only one instructor\n- The **chief executive** and **head of operations** of these small operators (often the same person in practice)\n- **Applicants** seeking approval to run this type of small-scale operation\n- The **sole instructor** themselves\n\n**Key exemptions granted:**\n- **Less paperwork about training bases** — operators don't need to list every address or get CASA approval for changes to bases where they conduct basic flight training (though they still must for advanced training like instrument ratings)\n- **Relief from standardisation checks** — the sole instructor doesn't need to hold a formal \"standardisation and proficiency check\" for the operator (normally required to ensure all instructors teach the same way)\n- **Reduced operations manual requirements** — less detail needed about facilities and training bases\n- **Protection for executives** — CEOs and heads of operations are shielded from certain offences if they breach conditions that are themselves exempted\n\n**Important conditions:**\n- The operator must use CASA's **sample operations manual** designed for sole instructors\n- Must notify CASA of their **primary base** and any changes\n- **Does NOT apply** to advanced training: flight crew licence category ratings, instrument ratings, or instructor ratings — full rules still apply there\n\n**Why it matters:**\nRunning a flight school normally requires multiple staff roles, extensive documentation, and strict compliance systems. This recognises that a one-person operation poses different risks and shouldn't be burdened with corporate-style governance. It makes it easier for individual instructors to start and run small training businesses while maintaining safety through simplified, fit-for-purpose rules.\n\n**Time limit:**\nThe exemption runs from **1 April 2026 to 31 March 2029** — it's temporary and will be reviewed."},"summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This is a standalone exemption instrument made under regulations 11.160 and 11.205 of CASR. It does not amend any other legislative instrument."},"complexity_factors":["Multiple defined terms and cross-references to CASR provisions","Exemptions are split across the operator, CEO and head of operations with interlocking conditions","Distinction between excluded flight training (advanced ratings) and other Part 141 flight training creates partial application","Reliance on an external CASA sample operations manual for compliance","Limited duration with automatic repeal"],"plain_english_summary":"This instrument grants temporary exemptions from certain provisions of the Civil Aviation Safety Regulations 1998 (CASR) for flight training operators that hold, or are applying for, a Part 141 certificate and rely on a single instructor. It commences on 1 April 2026 and is automatically repealed on 31 March 2029.\n\nThe exemptions apply to a 'relevant Part 141 operator' (an operator that is itself the sole instructor or uses only one individual to carry out its Part 141 flight training), the operator’s chief executive officer, the operator’s head of operations, and any applicant for a Part 141 certificate who has told CASA of an intention to operate with a single instructor. The instrument does not apply to flight training for a flight crew licence category rating, an instrument rating or an instructor rating , those activities are defined as 'excluded flight training' and several exemptions do not extend to them.\n\nIn summary, the instrument relieves the operator and its key personnel from:\n- the requirement for the sole instructor to hold a valid standardisation and proficiency check under regulation 141.185 or 141.195;\n- the requirement to obtain CASA approval before making a significant change to training bases where non-excluded training is conducted;\n- the obligation to include in the operations manual the address of each training base and the process for changing bases, but only for bases used for non-excluded training;\n- certain certificate compliance obligations of the CEO and head of operations that would otherwise arise from the other exemptions.\n\nAn applicant for a Part 141 certificate is exempt from the requirement for its proposed CEO to give a written undertaking about matters covered by the exemptions.\n\nThese exemptions are subject to two key conditions. The operator must tell CASA its primary training base and any change to it, and must adopt and follow a CASA-prepared sample operations manual designed for single-instructor Part 141 operators. The CEO and head of operations must ensure the operator meets those conditions.\n\nThe practical effect is to reduce regulatory burden for small, single-instructor flight training businesses while maintaining safety oversight through a standardised operations manual and base notification."},"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-ex29-26-part-141-operators-using-a-sole-instructor-exemption-instrument-2026","history":"/api/acts/casa-ex29-26-part-141-operators-using-a-sole-instructor-exemption-instrument-2026/history","analysis":"/api/acts/casa-ex29-26-part-141-operators-using-a-sole-instructor-exemption-instrument-2026/analysis","conflicts":"/api/acts/casa-ex29-26-part-141-operators-using-a-sole-instructor-exemption-instrument-2026/conflicts","importantCases":"/api/acts/casa-ex29-26-part-141-operators-using-a-sole-instructor-exemption-instrument-2026/important-cases","documents":"/api/acts/casa-ex29-26-part-141-operators-using-a-sole-instructor-exemption-instrument-2026/documents"}}