1CASA EX29/26 – Part 141 operators using a sole instructor – Exemption Instrument 2026

Instrument number CASA EX29/26 I, 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. \[Signed D.B. O’Hagan\] Daniel O’Hagan Section Manager Drafting Legal Division 27 March 2026 CASA EX29/26 – Part 141 operators using a sole instructor – Exemption Instrument 2026 1 Name This instrument is CASA EX29/26 – Part 141 operators using a sole instructor – Exemption Instrument 2026. 2 Duration This instrument: (a) commences on 1 April 2026; and (b) is repealed at the end of 31 March 2029. 3 Application This instrument applies, according to its terms, to the following persons, with respect to Part 141 flight training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: (a) a relevant Part 141 operator; (b) the relevant Part 141 operator’s chief executive officer; (c) the relevant Part 141 operator’s head of operations; (d) the relevant Part 141 operator’s sole instructor; (e) a relevant applicant. 4 Definitions > 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. In this instrument: > excluded flight training means authorised Part 141 flight training for any of the following: (a) a flight crew licence category rating; (b) an instrument rating; (c) an instructor rating. > 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. > instructor rating has the meaning given by regulation 61.010 of CASR. > instrument rating means a rating granted under Subpart 61.M of CASR. > Part 141 flight training has the meaning given by subregulation 141.015(1) of CASR. > relevant applicant means a person who applies to CASA for a Part 141 certificate with the intention, conveyed to CASA in writing, of: (a) being the sole individual who carries out the Part 141 flight training mentioned in any Part 141 certificate granted to the person; or (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. > relevant Part 141 operator means a Part 141 operator (whether incorporated or otherwise) who: (a) is the sole individual who carries out the Part 141 flight training mentioned in the operator’s Part 141 certificate; or (b) uses a single individual for the purposes of carrying out the Part 141 flight training mentioned in the operator’s Part 141 certificate. > significant change has the meaning given by regulation 141.025 of CASR. > sole instructor, in relation to a relevant Part 141 operator, means: (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 (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. 5 Exemptions — chief executive officer (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: (a) subparagraph 141.070(b)(i); (b) subregulation 141.075(1). > 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. > 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. (2) Those exemptions are subject to the conditions mentioned in subsection 8(2). 6 Exemptions — head of operations (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: (a) subparagraph 141.070(b)(i); (b) subregulation 141.075(1) of CASR. > 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. > 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. (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). > 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. (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. > 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. (4) The exemptions in this section are subject to the conditions mentioned in subsection 8(2). 7 Exemptions — Part 141 operator (1) The relevant Part 141 operator is exempt from compliance with subregulation 141.085(1) of CASR, but only to the extent to which: (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 (b) the change is not approved by CASA. > 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. (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. > 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). (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. > Note Regulation 141.195 of CASR sets out the requirements for a valid standardisation and proficiency check. (4) A relevant Part 141 operator is exempt from compliance with the following provisions of CASR: (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; > 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. (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. > 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. (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: (a) subparagraph 141.070(a)(i); (b) subregulation 141.075(1). > 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. > 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. (6) The exemptions in this section are subject to the conditions mentioned in section 8. 8 Conditions (1) Each exemption in this instrument that is applicable to a relevant Part 141 operator is subject to the following conditions: (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; (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. > Note CASA’s sample operations manual for individual Part 141 operators is available on the CASA website. (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). 9 Relevant applicants — exemption A 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. > 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: (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; (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. 10 Relevant applicants — cessation of this instrument This instrument ceases to have effect for a person who was a relevant applicant if the person: (a) becomes a relevant Part 141 operator having the benefit of section 9; and (b) fails to operate within the scope of: (i) their Part 141 certificate; or (ii) this instrument.