CASA EX29/26 – Part 141 operators using a sole instructor – Exemption Instrument 2026

The instrument applies, according to its terms, to five categories of person (section 3).

First, the relevant Part 141 operator itself. This is the entity or individual holding the Part 141 certificate and operating with a sole instructor. The operator receives exemptions from provisions governing significant changes to training bases, instructor standardisation and proficiency checks, content of the operations manual, and compliance with certain certificate conditions.

Second, the chief executive officer of the relevant Part 141 operator. Under CASR, the CEO is part of the operator’s key personnel and is subject to obligations that flow from certificate conditions. The instrument exempts the CEO from certain of these obligations to the extent they relate to matters covered by other exemptions.

Third, the head of operations of the relevant Part 141 operator. The head of operations receives the most extensive individual relief, covering certificate condition compliance, the responsibility to ensure the sole instructor holds a valid standardisation and proficiency check, and the responsibility relating to processes for assessing suitability of facilities and resources for training bases where non-excluded flight training is conducted.

Fourth, the sole instructor. The definition in section 4 ensures this person is identified by reference to the operator, but the sole instructor is named in section 3 as a person to whom the instrument applies. The exemptions for the operator relating to standardisation and proficiency checks directly concern the sole instructor’s status.

Fifth, the relevant applicant. The applicant receives a single but practically significant exemption in section 9, relieving them from the requirement that the appointed or proposed chief executive officer give a written undertaking in relation to a matter that is the subject of another exemption under the instrument.

The instrument does not apply to Part 141 operators that use two or more instructors. It also does not apply to operators or applicants who have not communicated to CASA in writing the intention to operate with a sole instructor.

The instrument creates a scheme of conditional exemptions. Each exemption removes a specific compliance obligation from the named person, but only to a stated extent, and each is subject to the conditions in section 8.

Exemptions for the chief executive officer (section 5): The CEO is exempt from subparagraph 141.070(b)(i) and subregulation 141.075(1), but only to the extent those provisions apply in relation to a matter that is the subject of another exemption under the instrument. Subparagraph 141.070(b)(i) imposes certificate conditions requiring the operator and its key personnel to comply with Part 141. Subregulation 141.075(1) creates an offence for the operator that contravenes a certificate condition. These exemptions relieve the CEO from personal exposure to the certificate condition and the operator from the strict liability offence, but only in the narrow zone where another exemption in the instrument has altered the underlying obligation.

Exemptions for the head of operations (section 6): The head of operations receives three distinct exemptions. First, an exemption mirroring the CEO’s exemption from subparagraph 141.070(b)(i) and subregulation 141.075(1), identically limited. Second, an exemption from paragraph 141.130(2)(h), which makes the head of operations responsible for ensuring the sole instructor holds a valid standardisation and proficiency check under regulation 141.190. This exemption operates only to the extent of the requirement under subparagraph 141.130(4)(b)(iv). Third, an exemption from paragraph 141.130(2)(o), which makes the head of operations responsible for implementing and managing processes for regularly assessing the suitability of the operator’s facilities and resources. This exemption is limited to requirements under paragraph 141.130(5)(d) that relate to training bases where the operator conducts flight training other than excluded flight training. The head of operations therefore retains the relevant responsibility for training bases used for excluded flight training.

Exemptions for the Part 141 operator (section 7): The operator receives six exemptions.

Subsection 7(1) exempts the operator from subregulation 141.085(1), which makes it an offence to make a significant change to training bases without CASA approval. The exemption applies only where the change relates to training bases used for Part 141 flight training other than excluded flight training, and only where CASA has not approved the change. The operator is thus freed from the prior approval requirement for these bases, though the condition in subsection 8(1)(a) substitutes an obligation to notify CASA of the primary base and any change to it.

Subsection 7(2) exempts the operator from subregulation 141.185(1), which creates an offence if an instructor conducts authorised Part 141 flight training without holding a valid standardisation and proficiency check for the operator under regulation 141.190. The exemption is limited to the sole instructor’s failure to hold such a check. This implicitly recognises that a sole instructor cannot practically undergo a check administered by the operator they constitute or work for.

Subsection 7(3) exempts the operator from regulation 141.195, which sets out the requirements for a valid standardisation and proficiency check. Again the exemption is limited to the sole instructor’s failure to hold such a check.

Subsection 7(4) exempts the operator from two operations manual content requirements: subparagraph 141.260(1)(b)(ii), which requires the operations manual to include the address of each training base, and paragraph 141.260(1)(s), which requires the manual to include the process for making a significant change to training bases and telling CASA of the change. Both exemptions apply only in relation to training bases used for flight training other than excluded flight training.

Subsection 7(5) exempts the operator from subparagraph 141.070(a)(i) and subregulation 141.075(1), but only to the extent the provision applies to a matter that is the subject of another exemption. This mirrors the structure of the CEO and head of operations exemptions relating to certificate conditions.

Exemption for relevant applicants (section 9): A relevant applicant is exempt from paragraph 141.055(2)(f), which would otherwise require the appointed or proposed chief executive officer to give a written undertaking. The exemption operates only to the extent the undertaking would relate to a matter that is the subject of another exemption under the instrument. This ensures the applicant’s CEO does not have to undertake to comply with obligations from which the operator will be exempt once certificated.

Conditions (section 8): The exemptions are not free-standing. Subsection 8(1) imposes conditions that bind the relevant Part 141 operator. The operator must ensure CASA is notified of the operator’s primary base for Part 141 flight training, and of any change to it. The 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 in force from time to time. This is a dynamic obligation: if CASA amends the sample manual, the operator must update its own manual to remain compliant.

Subsection 8(2) makes each exemption applicable to the operator, the CEO or the head of operations subject to the condition that each of those persons must ensure compliance with the conditions under subsection 8(1). Compliance cascades across the three roles. A failure by the operator to notify a primary base change, or a failure to maintain a compliant operations manual, engages the condition and jeopardises the exemptions for all three categories of person.

The instrument does not itself create penalty provisions. It operates by removing the application of certain offence-creating provisions in CASR in defined circumstances. The enforcement consequence is reverse-engineered: where an exemption applies, the conduct that would otherwise constitute an offence under the specified CASR regulation is not an offence. Where the exemption does not apply, the CASR offence provision operates in its ordinary way.

The primary enforcement mechanism built into the instrument is the condition structure in section 8. If the relevant Part 141 operator fails to notify CASA of the primary base or a change to it, or fails to have and comply with an operations manual consistent with CASA’s sample manual, the conditions are breached. The instrument does not state an express consequence for breach of condition, but following ordinary principles of statutory construction applicable to instruments made under regulation 11.205, a breach of condition would mean the exemption is not available for the period of non-compliance. The underlying CASR obligation would then apply and the person could be exposed to the relevant offence provision.

The offences from which the exemptions relieve include the strict liability offence under subregulation 141.075(1) (contravening a certificate condition), the offence under subregulation 141.085(1) (unapproved significant change to training bases), and the offence under subregulation 141.185(1) (instructor without a valid standardisation and proficiency check). Each of these carries its own penalty under CASR. The exemptions do not alter those penalties; they simply render them inapplicable while the conditions in section 8 are met and the exemption is in force.

Section 10 provides an additional enforcement-related mechanism for relevant applicants. If a person who was a relevant applicant becomes a relevant Part 141 operator and has the benefit of section 9, but then fails to operate within the scope of the Part 141 certificate or the instrument, the instrument ceases to have effect for that person. This operates as an automatic withdrawal of exemptions, without requiring a separate CASA decision, though the factual question of whether the operator has failed to operate within scope may require assessment.

The instrument sits within the CASR framework and interacts with several specific regulations.

Part 141 of CASR is the primary regulatory context. The instrument expressly exempts from identified provisions of Part 141, including regulations 141.055, 141.070, 141.075, 141.085, 141.130, 141.185, 141.195 and 141.260. Where an exemption is granted, the corresponding obligation under those regulations does not apply to the exempt person to the specified extent. The notes throughout the instrument expressly identify the effect of the exempted provisions in the absence of the exemption, serving as interpretive aids.

Regulation 11.160 is the general exemption-making power. Regulation 11.205 enables exemptions to be made subject to conditions. The instrument exercises both powers.

Part 61 of CASR is relevant through the definition of excluded flight training. Flight crew licence category ratings are defined by reference to regulation 61.015. Instructor ratings are defined by reference to regulation 61.010. Instrument ratings are defined by reference to Subpart 61.M. The carve-out of excluded flight training from several exemptions means that Part 141 operators conducting training for these ratings remain subject to the full CASR requirements in respect of training bases used for that training, standardisation checks for instructors delivering that training, and related operations manual content.

Regulation 141.060, noted in the note to section 9, sets out the matters CASA must be satisfied of before issuing a Part 141 certificate. The note explains that because of the exemption in subsection 7(4), the operations manual requirements in subparagraph 141.260(1)(b)(ii) and paragraph 141.260(1)(p) are modified for the relevant applicant, which in turn affects the assessment under 141.060(1).

The CASR Dictionary supplies the meanings of authorised Part 141 flight training, flight training, operator, Part 141 certificate and Part 141 operator, as indicated in the note to section 4.

The instrument does not interact with the Civil Aviation Act 1988 directly, save that the definitions of terms in the Act apply through the standard interpretative provision noted in section 4.

The instrument also interacts with the CASA sample operations manual for individual Part 141 operators, referenced in the note to subsection 8(1). This is not legislation but an administrative document. The condition in paragraph 8(1)(b) gives it quasi-regulatory force by requiring the operator’s operations manual to be fully consistent with the sample manual as in force from time to time.

This instrument is itself the recent change. It was made on 27 March 2026 and commences on 1 April 2026. It represents a new exemption regime for sole-instructor Part 141 operators. The instrument does not amend or repeal any previous instrument. No prior exemption regime addressing this specific configuration is referenced in the instrument.

The text of the instrument does not state the policy rationale. The structure of the exemptions indicates that CASA has recognised that certain Part 141 requirements are designed for multi-instructor operators and are either impracticable or disproportionately burdensome for sole-instructor operations. The specific exemptions from the standardisation and proficiency check requirements under subregulation 141.185(1) and regulation 141.195 point to the impossibility of a sole instructor undergoing an independent check administered by the operator. The exemption from prior approval of training base changes under subregulation 141.085(1) for non-excluded flight training, coupled with the substituted notification condition in paragraph 8(1)(a), indicates a calibrated reduction in regulatory control for lower-risk training.

The exclusion of flight crew licence category ratings, instrument ratings and instructor ratings from several exemptions indicates that CASA considers training for these ratings to warrant the full Part 141 regulatory controls, even for sole-instructor operators.

The instrument is time-limited, ceasing at the end of 31 March 2029. This suggests CASA intends to review the operation of the exemptions and decide whether to extend, modify or allow them to lapse.

The instrument does not reference any court decisions. It does not contain a merits review provision or specify review rights.

Potential areas of interpretative dispute could arise from several features of the drafting.

The concept of a sole instructor is defined by reference to a single individual. The instrument does not expressly address what occurs if the relevant Part 141 operator temporarily engages a second instructor, for example to cover leave or illness. The use of the present tense in the definitions of relevant Part 141 operator and sole instructor suggests the status is assessed at the time conduct occurs, but the instrument provides no express rule for intermittent or short-term changes in the factual situation.

The condition in paragraph 8(1)(b) requiring the operator’s operations manual to be fully consistent with the CASA sample manual as it is in force from time to time creates a duty that can change without any action by the operator beyond the obligation to maintain compliance. If CASA alters the sample manual, the operator must update its own manual to maintain the benefit of the exemptions. The instrument does not provide a transitional period for compliance following a change to the sample manual. Whether a failure to update immediately upon a sample manual change would be treated by CASA as a breach of condition, and whether a court would accept that construction, could be contested.

The phrase to the extent that used throughout the exemption provisions requires careful application. An exemption applies only to the extent of the overlap with another exemption under the instrument. In the case of the certificate condition exemptions in sections 5, 6 and 7, the extent is defined by reference to a matter that is the subject of another exemption. Determining precisely which aspects of a general certificate condition obligation are covered, and which are not, may involve fine judgement in concrete fact situations.

The definition of excluded flight training uses the term flight crew licence category rating and then separately lists instrument rating and instructor rating. The regulatory interrelationship between category ratings under regulation 61.015 and the other ratings under Subpart 61.M may raise questions about whether certain training falls within or outside the exclusion.

Section 10 provides that the instrument ceases to have effect for a relevant applicant who fails to operate within the scope of the Part 141 certificate or the instrument. The phrase fails to operate within the scope of is not further defined. Whether a single instance of non-compliance, or a systematic departure, triggers the cessation, and whether the cessation is permanent for the life of the instrument, are matters on which the text is silent.

Several features of the instrument may trap the unwary.

The excluded flight training carve-out is narrower than it may first appear. Flight crew licence category ratings, instructor ratings and instrument ratings are excluded from the training base change exemption (subsection 7(1)), the head of operations’ facilities assessment exemption (subsection 6(3)), and the operations manual content exemptions (subsection 7(4)). An operator who conducts a mix of excluded and non-excluded flight training must maintain dual systems: full CASR compliance for bases and facilities used for excluded training, and the exempted regime for everything else. The administrative overhead of tracking which base or facility serves which training purpose, and ensuring the operations manual correctly reflects the split, is significant.

The sample operations manual condition is dynamic. Paragraph 8(1)(b) requires consistency with the CASA sample manual as in force from time to time. An operator that adopts the sample manual at the start of operations and never revisits it risks non-compliance if CASA updates the sample. The condition imposes an ongoing monitoring obligation. This is uncharacteristic for an operations manual obligation, which under ordinary Part 141 principles requires CASA approval for significant changes rather than automatic, unilateral alignment with an external document.

The condition obligations cascade. Under subsection 8(2), the operator, the CEO and the head of operations must each ensure compliance with the conditions under subsection 8(1). This means a breach of the primary base notification condition or the operations manual condition by the operator is simultaneously a breach by all three officeholders, potentially exposing each to the revival of the underlying CASR obligations from which they were individually exempted.

The relevant applicant exemption is pre-issuance only. Section 9 applies to a relevant applicant before a certificate is granted. Once the person becomes a relevant Part 141 operator, the applicant exemption has served its purpose. From that point, the operator, CEO and head of operations must rely on sections 5, 6 and 7 respectively. If an applicant fails to operate within scope after certification, section 10 withdraws the benefit of section 9 retrospectively in the sense that the instrument ceases to have effect for the person, potentially raising questions about the validity of the undertaking required under paragraph 141.055(2)(f).

The standardisation and proficiency check exemptions do not extend the instructor’s privileges. Subsections 7(2) and 7(3) exempt the operator from the requirement that the sole instructor hold a valid standardisation and proficiency check and from the check requirements themselves. They do not confer any alternative qualification on the instructor. The sole instructor must still hold all other required qualifications under Part 61 and Part 141. The exemptions simply remove the operator’s criminal exposure for the absence of this particular check.

The primary base notification is a condition, not merely an exemption. Paragraph 8(1)(a) requires notification of the primary base and of any change to it. This is a positive duty. It is not time-limited and does not contain a materiality threshold. Any change to the primary base, regardless of significance or duration, appears to require notification.

The instrument expires on 31 March 2029. Operators who structure their compliance systems around these exemptions must plan for the possibility that the instrument will not be renewed. On expiry, all the underlying CASR obligations will apply in full unless a replacement instrument is in force. A sole-instructor operator that has not prepared for reversion to the standard Part 141 requirements may face immediate compliance difficulties.

Compliance requires a structured approach that maps the exemptions to the operator’s specific circumstances.

Step one: Determine whether the instrument applies. Confirm that the operator is a relevant Part 141 operator or a relevant applicant. For an existing operator, confirm that only one individual carries out the Part 141 flight training. For an applicant, convey to CASA in writing the intention to operate with a sole instructor. This written communication is a precondition to being a relevant applicant.

Step two: Categorise the flight training. Identify which training activities constitute excluded flight training (ratings under regulation 61.015, instrument ratings, instructor ratings) and which do not. Map each training base to the type of training conducted there. A base used for both excluded and non-excluded training will be subject to the full CASR requirements in respect of its use for excluded training, and the exempted regime in respect of its use for non-excluded training. The operations manual must accurately reflect this mapping.

Step three: Notify CASA of the primary base. The instrument does not specify a form or timeframe for the initial notification. A written notification identifying the primary base for Part 141 flight training should be provided and recorded. Establish a process to ensure any change to the primary base is notified promptly. The instrument does not define primary base or how it differs from other training bases. The operator should form a reasonable view, documented, as to which of its bases constitutes the primary base.

Step four: Obtain and adopt the CASA sample operations manual. Locate the sample operations manual for Part 141 operators with a sole instructor on the CASA website. Prepare or revise the operator’s operations manual to be fully consistent with the sample manual. Document the consistency review. This is not a one-off task. Assign responsibility for monitoring the CASA website for updates to the sample manual and for updating the operator’s manual accordingly. The phrase as in force from time to time means the operator adopts the risk of CASA changing the sample.

Step five: Implement internal compliance with the conditions. Ensure the CEO and head of operations understand their obligations under subsection 8(2) to ensure compliance with the conditions in subsection 8(1). Establish reporting lines so that a primary base change or a sample manual update triggers action across the three roles. Document compliance steps.

Step six: Manage the standardisation and proficiency check gap. The operator is exempt from the requirement that the sole instructor hold a valid standardisation and proficiency check. This does not relieve the operator of the obligation to ensure the instructor is competent and current. The operator should have alternative assurance mechanisms, whether self-assessment, external proficiency checks voluntarily undertaken, or other means. Document these mechanisms. If CASA or an insurer inquires into instructor competence, the operator will need to demonstrate a substitute for the standardisation check that the exemption removes.

Step seven: For applicants, manage the section 9 exemption and section 10 risk. An applicant CEO need not give a written undertaking in relation to matters covered by other exemptions. Ensure the application materials reflect this. After certification, operate strictly within the scope of the Part 141 certificate and the instrument. Any departure that takes the operator outside scope will trigger section 10 and extinguish the benefit of the instrument.

Step eight: Prepare for expiry. The instrument is repealed at the end of 31 March 2029. Well before that date, assess whether the operator can comply with the standard Part 141 requirements if the exemptions lapse, or whether an alternative regulatory pathway exists. Do not assume renewal.