CASA EX67/24 – Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2024
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(1) The pilot in command of the flight and operation of an aircraft must ensure that any activity in relation to the flight or operation, whether occurring before, during or after the flight, is conducted in a way that meets each requirement or limitation for the activity mentioned in the aircraft flight manual instructions for the aircraft, as in force at the time the activity is carried out.
(2) The direction in subsection (1) applies subject to section 6 of CASA EX101/25 – Part 137 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2025 (CASA EX101/25).
Note The direction in section 6 of CASA EX101/25 sets out how this direction applies to the pilot in command of specified aeroplanes engaged in an aerial application operation.
(3) The direction in subsection (1) applies subject to subsection 10(4) of CASA EX105/23—Part 105 (Parachute Operators and Pilots) Instrument 2023 (CASA EX105/23).
Note The direction in subsection 10(4) of CASA EX105/23 sets out how this direction applies to the pilot in command of certain aeroplanes engaged in parachuting operations under Part 105 of CASR.
6 Documents about medical status of flight crew members who do not hold a class 1 or class 2 medical certificate — direction
(1) This section applies if a flight crew member of an aircraft for a flight:
(a) does not hold a medical certificate for the flight; but
(b) holds one of the following (the medical document):
(i) a recreational aviation medical practitioner’s certificate;
(ii) a record of class 5 medical self-declaration;
(iii) a medical exemption.
(2) Subject to subsection (3), the pilot in command of the aircraft for the flight must ensure that, when the aircraft begins the flight, a physical or electronic copy of the medical document relevant to the conduct of the flight by the pilot is carried on the aircraft.
(3) Subsection (2) does not apply if:
(a) aerobatic manoeuvres will be conducted during the flight; and
(b) carriage of the document on the aircraft would present a risk to the safety of the aircraft or persons on board the aircraft.
7 Photographic identity documents — direction
(1) In this section:
identifier means each flight crew member document mentioned in paragraph 91.105(2)(b) of CASR that is carried on to an aircraft for a flight.
Note An identifier is a particular photographic identification document or a passport.
(2) The pilot in command of the aircraft for the flight must ensure that, when the aircraft begins the flight, each identifier is one that:
(a) has been issued within the 10 years preceding the day of the flight; and
(b) has not expired or been cancelled since it was issued.
8 Requirements for permitted persons conducting audits — direction
(1) In this section:
permitted person has the same meaning as in paragraph 91.725(1)(b) of CASR, but only with respect to the conduct of an audit.
Note Permitted person, in this section, means only a person authorised by the operator of an aircraft to conduct an audit of the operation involved.
(2) The operator of an aircraft must ensure that a permitted person carried on an aircraft for a flight to audit the operation involved (a relevant operation) has:
(a) successfully completed training, in accordance with a written syllabus accepted in writing by the operator, for a person to audit the relevant operation; and
(b) satisfied the operator that the person is competent in such auditing by possessing the skill, knowledge and experience to audit the particular activity that the person is to audit.
(3) The pilot in command of a flight must be satisfied that a permitted person on the flight to conduct an audit meets the requirements of subsection (2).
(4) For subsection (2), the operator must ensure that, as soon as practicable after the operation, a written audit report is:
(a) received from the permitted person; and
(b) assessed to determine whether any changes are required for the safety of the operation.
(5) Each audit report and its assessment must be retained by the operator for at least 3 years after the date of the assessment.
Note For regulation 11.250 of CASR, the directions in subsection (5) ceases to be in force at the end of 1 December 2030.
(6) In this section, a written syllabus is accepted in writing by the operator if:
(a) for a syllabus devised by the operator — the syllabus is included in the operator’s operations manual, training and checking manual, or exposition (the relevant place); and
(b) for a syllabus devised other than by the operator — a reference to the syllabus is included in the operator’s relevant place.
9 Requirements for crew members carrying out audits, checks, examinations, etc. — direction
(1) In this section:
crew member has the same meaning as in paragraph (c) of the definition of crew member in the CASR Dictionary, but only with respect to a crew member as authorised by the aircraft operator to conduct an audit.
Note Crew member, for this section, means only a person authorised by CASA under the regulations, or by the operator, to carry out an audit of a crew member mentioned in paragraph (a) or (b) of the definition of crew member in the CASR Dictionary.
(2) The operator of an aircraft must ensure that a crew member carried on an aircraft for a flight to audit a person mentioned in paragraph (a) or (b) of the definition of crew member in the CASR Dictionary (a relevant person) has:
(a) successfully completed training, in accordance with a written syllabus accepted in writing by the operator, for a person to audit the relevant operation; and
(b) satisfied the operator that the crew member is competent in such auditing by possessing the skill, knowledge and experience to audit the particular activity that the person is to audit.
(3) The pilot in command of a flight must be satisfied that a crew member (within the meaning of this section) on the flight to conduct an audit meets the requirements of subsection (2).
(4) For subsection (2), the operator must ensure that, as soon as practicable after the flight, a written report of the audit is:
(a) received from the crew member; and
(b) assessed to determine whether any changes are required for the safety of the operation.
(5) Each audit report and each audit assessment must be retained by the operator for at least 3 years after the date of the assessment.
Note For regulation 11.250 of CASR, the directions in subsection (5) ceases to be in force at the end of 1 December 2030.
(6) In this section, a written syllabus is accepted in writing by the operator if:
(a) for a syllabus devised by the operator — the syllabus is included in the operator’s operations manual, training and checking manual, or exposition (the relevant place); and
(b) for a syllabus devised other than by the operator — a reference to the syllabus is included in the operator’s relevant place.
Note For regulation 11.250 of CASR, the directions in this section cease to be in force at the end of 1 December 2030.
10 Training for a foreign class rating or a type rating — direction
(1) In this section:
permitted person, for this section, has the meaning given by subregulation 91.725(1) of CASR.
Note In general terms only, a permitted person means a crew member, a person authorised to audit or supervise the operation, or an authorised person carrying out a particular examination, inspection or test.
(2) This section applies to the pilot in command of an aircraft flight to train a flight crew member for the aircraft class rating, type rating, or foreign equivalent, to be granted under a law of a foreign country.
(3) For the flight, the pilot in command:
(a) may only carry permitted persons; and
(b) must not carry more than 4 permitted persons (inclusive of the pilot in command).
(4) This section does not affect the operation of regulation 91.725 of CASR according to its terms.
11 Use of military and joint military/civilian aerodromes — direction
(1) This section applies to the operator and the pilot in command of an Australian aircraft or a foreign registered aircraft (a relevant aircraft).
(2) Before operating a flight of a relevant aircraft into, out of, or at, a military aerodrome:
(a) the operator of a relevant aircraft must obtain permission to operate from the relevant military authority for the aerodrome (the relevant military authority); and
Note 1 For information, military aerodromes are listed in the AIP-ERSA, identified by the symbol “MIL”.
Note 2 Relevant military authorities are also listed in the AIP-ERSA.
Note 3 The permission may be in whatever form the relevant military authority chooses.
(b) the operator and the pilot in command of a relevant aircraft must each comply with any applicable conditions of the permission imposed by the relevant military authority that are not contrary to the civil aviation legislation.
(3) When conducting operations at a joint military/civilian aerodrome, the operator and the pilot in command of a relevant aircraft must each comply with the applicable requirements for the aerodrome contained in the authorised aeronautical information, unless those requirements are contrary to the civil aviation legislation.
Note 1 For information, joint military/civilian aerodromes are listed in the AIP-ERSA, identified by the symbol “JOINT”.
Note 2 At the time of commencement of this direction, the requirements for each joint military/civilian aerodrome are contained in the AIP-ERSA.
(4) In this section:
Note: AIP-ERSA means the part of AIP known as En Route Supplement Australia, as in force from time to time.
Part Part 2 - CASA EX67/24 – Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2024 - Directions | Zoe