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Commonwealth legislation
This instrument exempts specific categories of aircraft from needing CASA approval of a “flight check system” by identifying eligible types (Schedule 1). Operators of those aircraft must still document the flight check system: commercial operators must publish it in the operator’s operations manual (Schedule 2, para 1), and where the aircraft flight manual contains the material the operations manual must refer to it (para 2). The rule shifts compliance duties to operators and relies on cross‑references to CAR 1988.
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Direct links to the current provisions in CASA EX38/2004 - Exemption from obtaining approval of flight check system.
2 Single turbine engine helicopters certificated in the restricted category not above 5700 kg maximum take‑off weight.
Aircraft engaged in agricultural operations.
Aircraft engaged in private operations.
Single turbine engine helicopters certificated in the normal category and not involved in RPT operations.
Hot air balloons.
CONDITIONS
Subject to paragraph 2, in the case of commercial operations, the operator must ensure that the flight check system is outlined and published in the operator’s operations manual required by subregulation 215 (2) of CAR 1988.
If the information, procedures or instructions are contained in the aircraft flight manual, as required to be carried by paragraph 139 (1) (e) of CAR 1988, then the operator must ensure that the operations manual refers to the flight manual.
[Signed B. Gemmell]
Bruce Gemmell
Deputy Chief Executive and
Chief Operating Officer
14 October 2004
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
2 Single turbine engine helicopters certificated in the restricted category not above 5700 kg maximum take‑off weight.
Aircraft engaged in agricultural operations.
Aircraft engaged in private operations.
Single turbine engine helicopters certificated in the normal category and not involved in RPT operations.
Hot air balloons.
CONDITIONS
Subject to paragraph 2, in the case of commercial operations, the operator must ensure that the flight check system is outlined and published in the operator’s operations manual required by subregulation 215 (2) of CAR 1988.
If the information, procedures or instructions are contained in the aircraft flight manual, as required to be carried by paragraph 139 (1) (e) of CAR 1988, then the operator must ensure that the operations manual refers to the flight manual.
[Signed B. Gemmell]
Bruce Gemmell
Deputy Chief Executive and
Chief Operating Officer
14 October 2004