Commonwealth legislation

CASA EX146/16 - Exemption — Flight examiners if authorised by CASA

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This exemption allows flight examiners to test their own students for a commercial pilot licence in limited circumstances.

Normally, aviation rules prevent an examiner from conducting a flight test for someone they trained (to ensure independent assessment). This instrument creates an exception when:

No other examiner is available — CASA must be satisfied that another suitable person cannot reasonably conduct the test; and
Safety is not compromised — the testing must not be contrary to air navigation safety interests; and
CASA gives written permission — the examiner must have specific written authorisation from CASA.

This addresses practical situations where independent examiners may be unavailable, particularly in regional or remote areas, while maintaining safety oversight through CASA's case-by-case authorisation.

The exemption only applies to flight tests for commercial pilot licences (not private or airline licences) and only where the examiner has previously provided training certification to the applicant.

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Current sections

Direct links to the current provisions in CASA EX146/16 - Exemption — Flight examiners if authorised by CASA.

CASA EX146/16 - Exemption — Flight examiners if authorised by CASA

Instrument number CASA EX146/16

I, MARK ALAN SKIDMORE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998)

[Signed M. Skidmore]

Mark Skidmore AM
Director of Aviation Safety

27 September 2016

Exemption — Flight examiners if authorised by CASA

1 Duration

This instrument:

(a) commences on the day after registration; and

(b) is repealed at the end of 31 August 2018.

2 Application

This instrument applies in relation to a flight examiner who:

(a) conducts a flight test of an applicant for a commercial pilot licence;
and

(b) provided to the applicant the certification mentioned in paragraph 61.235 (2) (aa) of CASR 1998 in relation to the matters mentioned in paragraph 61.235 (2) (a) CASR 1998.

3 Exemption

The flight examiner is exempt from subregulation 61.1295 (2) of CASR 1998 in relation to flight testing the applicant for the licence if:

(a) CASA is satisfied that:

(i) another person is not reasonably available to conduct the flight testing; and

(ii) the flight examiner conducting the flight testing in the circumstances is not contrary to the interests of the safety of air navigation; and

(b) the flight examiner meets the condition mentioned in section 4.

4 Condition

The flight examiner must have written authorisation from CASA to conduct the flight testing of the applicant for the licence.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 CASA EX146/16 - Exemption — Flight examiners if authorised by CASA