CASA EX69/24 – Part 121 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2024
Part 2Exemptions from Part 121
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5 Application of Part 121 – Australian air transport operations in foreign countries – exemption
(1) This section applies to the operator, and the pilot in command, of an aeroplane for a flight in a Part 121 operation that is conducted in a foreign country.
(2) The operator and the pilot in command are each exempted from compliance with each provision of Part 121, but only to the extent that the provision is inconsistent with a provision of the law of the foreign country.
(3) Each exemption in subsection (2) is subject to the condition that the operator and the pilot in command must each comply with each applicable provision of Part 121 except that if a law of the foreign country applies to the operation of the aircraft in that country, the law of the foreign country prevails to the extent of any inconsistency.
(4) For subsection (3), a provision of a law of a foreign country for a flight is taken not to be inconsistent with a provision of Part 121 for the flight to the extent that the provisions are capable of operating concurrently.
7 Journey log – recording time flight begins – exemption
(1) This section applies to the operator, and the pilot in command, of an aeroplane for a flight that is a Part 121 operation.
(2) The operator and the pilot in command are each exempted from compliance with subregulation 121.105(2), but only to the extent of the information for the flight mentioned in subparagraph 121.105(3)(d)(ii).
(3) Each exemption in subsection (2) is subject to the condition that the time the flight begins must be recorded in one of the following, not later than as soon as reasonably practicable after the flight ends:
(a) the journey log that is prepared under subregulation 121.105(1);
(b) another document kept by the operator, or that is readily available to the operator from another source.
Note An example for paragraph (b) is an operational flight plan kept by the operator for the flight.
8 Journey log – recording flight information – exemption
(1) This section applies to the operator, and the pilot in command, of an aeroplane for a flight that is a Part 121 operation.
(2) The operator and the pilot in command are each exempted from compliance with subregulation 121.105(4), but only to the extent of the information for the flight mentioned in paragraphs 121.105(5)(a) and (e).
(3) Each exemption in subsection (2) is subject to the condition that the information for the flight mentioned in paragraphs 121.105(5)(a) and (e) must be recorded in one of the following, not later than as soon as reasonably practicable after the flight ends:
(a) the journey log that is prepared under subregulation 121.105(1);
(b) another document kept by the operator, or that is readily available to the operator from another source.
Note An example for paragraph (b) is an operational flight plan kept by the operator for the flight.
9 Aerodrome requirements – approach slope indicator systems – exemption
(1) This section applies to the operator, and the pilot in command, of an aeroplane for a flight that is a Part 121 operation conducted to an aerodrome runway in a foreign country.
(2) The operator and the pilot in command are each exempted from compliance with the following:
(a) paragraph 121.205(3)(e), but only to the extent of the requirements mentioned in paragraphs 121.205(4)(a) and (b);
(b) subregulation 121.205(5), but only in relation to paragraph 121.205(3)(e) to the extent mentioned in paragraph (a) of this subsection.
(3) Each exemption in subsection (2) is subject to the following conditions:
(a) the runway at the planned destination aerodrome must be equipped with an operative T-VASIS, AT-VASIS or PAPI visual approach slope indicator system in accordance with the relevant standards in Annex 14 to the Chicago Convention (Annex 14) as in force from time to time;
Note Paragraph (a) does not include an APAPI.
(b) if:
(i) the runway is equipped with one of the visual approach slope indicator systems mentioned in paragraph (a) (the relevant system); and
(ii) the relevant system has been inoperative for no more than 7 days before the aeroplane lands on the runway;
then the operator’s exposition must include procedures for conducting an approach and landing on a runway with a relevant system that is inoperative.
(4) In paragraph (3)(a):
relevant standards means the following, as in force from time to time:
(a) for a T-VASIS or an AT-VASIS — the standards in 5.3.5.7 to 5.3.5.9 of Annex 14;
(b) for a PAPI — the standards in 5.3.5.24 and 5.3.5.26 of Annex 14.
10 Procedures for information about aerodromes – water aerodromes – exemption
(1) This section applies to the operator of an aeroplane for a flight that is a Part 121 operation (the operator) that lands on, or takes off from, an aerodrome mentioned in subregulation 121.210(3) that is a water aerodrome (the relevant aerodrome).
(2) The operator is exempted from compliance with paragraph 121.210(1)(a), but only to the extent of exposition procedures required to determine the information for the aerodrome mentioned in paragraph 121.210(2)(e) (location of the aerodrome’s windsocks).
(3) The exemption in subsection (2) is subject to the condition that the operator’s exposition must contain procedures by which the flight crew for the operator’s aeroplane may determine wind conditions at the relevant aerodrome.
11 Procedures for loading aeroplanes – weight of crew, passengers and their baggage – exemption
(1) This section applies to the operator of an aeroplane for a flight that is a Part 121 operation (the operator).
(2) The operator is exempted from compliance with subregulation 121.440(2).
(3) The exemption in subsection (2) is subject to the following conditions for working out the weights mentioned in subparagraphs 121.440(1)(b)(i) and (ii):
(a) the operator must establish and use a standard weight for:
(i) each crew member for the flight and the member’s carry-on baggage, either as 2 separate weights or a composite weight; and
(ii) each passenger on board the aeroplane for the flight and the passenger’s carry-on baggage, either as 2 separate weights or a composite weight;
(b) the standard weights mentioned in paragraph (a) must be derived from a regular survey program that is:
(i) established by the operator; and
(ii) detailed in the operator’s exposition;
(c) if the separate or composite weight of a crew member and their carry-on baggage, or of a passenger and their carry-on baggage, is demonstrably greater than the applicable standard weight, the operator must use an applicable weight that is:
(i) more representative of the actual weight; and
(ii) derived from a methodology detailed in the operator’s exposition.
12 Flight crew composition, number, qualifications and training — exemption
(1) This section applies to the operator of an aeroplane for a flight that is a Part 121 operation (the operator).
(2) The operator is exempted from compliance with the following in relation to each member of the flight crew for the flight:
(a) subregulation 121.475(1), but only to the extent of the flight crew requirements mentioned in paragraphs 121.475(2)(h) to (m) (inclusive);
(b) subregulation 121.475(5), but only to the extent of the exempted provisions mentioned in paragraph (a) of this subsection.
(3) Each exemption in subsection (2) is subject to the following conditions:
(a) the operator must ensure that each flight crew member is successfully participating in the operator’s training and checking system;
(b) the operator must hold a CASA approval that the training and checking system adequately covers all of the matters mentioned in paragraphs 121.475(2)(h) to (m) (inclusive).
(3A) For subsection (3), the approval must be equivalent to an approval under regulation 121.010 and as if regulation 121.010 applied to the operator.
(4) The operator is also exempted from compliance with the following in relation to each member of the flight crew for the flight:
(a) subregulation 121.475(1), but only to the extent of the flight crew requirements mentioned in paragraph 121.475(2)(f);
(b) subregulation 121.475(5), but only to the extent of the exempted provision mentioned in paragraph (a) of this subsection.
(5) Each exemption in subsection (4) is subject to the condition that the operator must ensure that:
(a) each flight crew member is qualified under paragraph 121.475(2)(f) as if reference in that paragraph to regulation 121.490 were instead a reference to regulation 121.505; and
(b) in relation to the requirements under regulations 121.500 and 121.505, as applicable, when performing supervised line flying, each co-pilot or cruise relief co-pilot, as the case requires, does so in accordance with the requirements of the operator’s training and checking system.
(6) Any reference in this section, expressed or implied, to paragraph 121.475(2)(l) must be construed as subject to section 13, as applicable.
13 Requirements for valid proficiency check — exemption
(1) This section applies to the operator of an aeroplane for a flight that is a Part 121 operation (the operator).
(2) The operator is exempted from compliance with the following:
(a) subregulation 121.475(1), but only to the extent of the requirement under paragraph 121.475(2)(l), as described in subparagraph 121.570(1)(a)(i) in relation to a validity period that would otherwise apply under subparagraph 121.575(1)(b)(iii);
(b) subregulation 121.475(5), but only in relation to subregulation 121.475(1) to the extent of the exemption described in paragraph (a) of this subsection.
(3) Each exemption in subsection (2) is subject to the condition that the operator must comply with paragraph 121.475(2)(l) except that if a Part 121 proficiency check mentioned in subparagraph 121.575(1)(b)(iii) is completed within 30 days before or after the end of the 12-month period beginning on the day the most recent of the previous checks was successfully completed, the day that is the end of the 12-month period remains the applicable day for subparagraph 121.575(1)(b)(iii).
13A Approval to conduct training or checking for safety equipment or emergency equipment — exemption from requirement
(1) This section applies to the operator of an aeroplane for a flight to which regulation 121.475 or 121.640 applies (the operator), but only to the extent that 1 or more of the following would otherwise apply to the operator for the flight:
(a) subregulation 121.475(4);
(b) subregulation 121.475(5), in its application to subregulation 121.475(4);
(c) subregulation 121.640(3);
(d) subregulation 121.640(5), in its application to subregulation 121.640(3).
(2) The operator is exempted from each of the subregulations mentioned in subsection (1), insofar as it applies to the operator.
(3) Each exemption under subsection (2) is subject to the condition that the operator must ensure that the person who conducts the safety equipment or emergency equipment training or checking mentioned in subregulation 121.475(4) or 121.640(3) (as the case may be) (the task), is a person who:
(a) while conducting the task is simultaneously under assessment (the assessment) by a CASA officer for the purpose, in accordance with regulation 11.055, of being granted an approval under regulation 121.010 to conduct the training or checking mentioned in either or both of subregulations 121.475(4) and 121.640(3) (as the case may be); and
(b) on completion of the task and the assessment is granted the approval; and
(c) is recorded in the operator’s training and checking record for the persons undertaking the safety equipment or emergency equipment training or checking, as a person who meets the requirements mentioned in paragraphs (a) and (b).
relevant flight means the first flight of a particular cabin crew member on a particular aeroplane type in a Part 121 operation, provided that the flight involves supervised line flying conducted in accordance with the operator’s training and checking system.
(2) The operator of a relevant flight is exempted from compliance with:
(a) paragraph 121.640(2)(a), but only to the extent of the cabin crew requirements mentioned in regulation 121.705; and
(b) subregulation 121.640(5) in relation to subregulation 121.640(1), but only to the extent of the exemption described in paragraph (a) of this subsection.
14A Ground support personnel – not direct employees – exemption
(1) This section applies to the operator of an aeroplane for a flight that is a Part 121 operation.
(2) The operator is exempted from compliance with subregulations 121.145(1) and (3) — but only to the extent that the member of the operator’s personnel who carries out a ground support duty for the flight (the duty):
(a) is not a person employed by the operator under a contract of service (that is, as a direct employee); but
(b) is instead retained, or utilised, by the operator on some other basis or arrangement (the relevant member).
(3) It is a condition of the exemption in subsection (2) that:
(a) the operator is satisfied that the relevant member is capable of carrying out, and willing to carry out, the duty in a manner that maintains aviation safety; or
(b) the relevant member is supervised by a direct employee of the operator who meets the requirements of subregulation 121.145(2).
14B Ground support personnel duty statement – not direct employees – exemption
(1) This section applies to the operator of an aeroplane for a flight that is a Part 121 operation.
(2) The operator is exempted from compliance with subregulations 121.150(1) and (2) — but only to the extent that the member of the operator’s personnel who carries out a ground support duty for the flight (the duty):
(a) is not a person employed by the operator under a contract of service (that is, as a direct employee); but
(b) is instead retained, or utilised, by the operator on some other basis or arrangement (the relevant member).
(3) It is a condition of the exemption in subsection (2) that:
(a) the operator is satisfied that the relevant member is capable of carrying out, and willing to carry out, the duty in a manner that maintains aviation safety; or
(b) the relevant member is supervised by a direct employee of the operator:
(i) who meets the requirements of subregulation 121.145(2); and
(ii) with respect to whom the requirements of subregulation 121.150(1) are not contravened by the operator.
14C Ground support personnel – direct employees – exemption
(1) This section applies to the operator of an aeroplane for a flight that is a Part 121 operation.
(2) The operator is exempted from compliance with subregulations 121.145(1) and (3) — but only to the extent that the member of the operator’s personnel who carries out a ground support duty for the flight (the duty) is a person employed by the operator under a contract of service (that is, as a direct employee).
(3) It is a condition of the exemption in subsection (2) that:
(a) the direct employee is:
(i) under training for the duty; and
(ii) being supervised by a person, or a kind of person, identified in the operator’s exposition as competent to conduct the training; and
(b) the training is being carried out in accordance with the requirements specified in the operator’s exposition for that training.
14D Additional persons permitted to enter the cockpit — exemption
(1) This section applies to the operator and the pilot in command of an aeroplane for a flight that is a Part 121 operation (a relevant aeroplane).
(2) The operator and the pilot in command are exempted from compliance with the following subregulations in Part 121:
(a) 121.155(2);
(b) 121.155(3);
(c) 121.155(5) — but only to the extent of subregulation 121.155(2).
(3) Each exemption under subsection (2) is subject to the following conditions, as applicable:
(a) the operator must specify in the operator’s exposition:
(i) the kinds of persons who may be an additional person; and
(ii) how the person’s entry into, and presence in, the cockpit of a relevant aeroplane is solely related to aviation safety;
(b) the operator must ensure that the pilot in command complies with the exposition requirements in relation to additional persons;
(c) the pilot in command must comply with the exposition requirements in relation to any additional persons.
(4) In this section:
additional person means a kind of person, other than a person mentioned in subregulation 121.155(3), who is permitted by the operator to enter the cockpit of a relevant aeroplane solely for a purpose related to aviation safety.
Note An example of an additional person would be an air traffic controller present in the cockpit for the purposes of familiarisation with air transport operations.
14DA Part 121 proficiency checks – approval to conduct – exemption
(1) This section applies to the operator of an aeroplane for a flight that is a Part 121 operation (the operator).
(2) The operator is exempted from compliance with Part 121 proficiency checks under the following provisions of Part 121, but only to the extent of who may conduct it under paragraph 121.580(2)(b):
(a) subregulation 121.580(2), as applicable to a check for a pilot;
(b) subregulation 121.580(5), as applicable to a flight engineer;
(c) paragraph 121.475(2)(c) — for subparagraph 121.480(1)(a)(ii), but only to the extent of paragraph 121.565(b);
(d) paragraph 121.475(2)(f), for paragraph 121.495(1)(b) — but only to the extent of paragraph 121.565 (b);
(e) paragraph 121.475(2)(k) — but only to the extent of paragraph 121.560(3)(a);
(f) paragraph 121.475(2)(l) — but only to the extent of subparagraph 121.570(1)(a)(i);
(g) paragraph 121.540(1)(b) — for paragraph 121.540(3)(a), but only to the extent of paragraph 121.540(4)(c).
(3) Each exemption under subsection (2) is subject to the condition that the operator must ensure that the person who conducts the Part 121 proficiency check (the task) is a person who:
(a) while conducting the task is simultaneously under assessment (the assessment) by a CASA officer for the purpose, in accordance with regulation 11.055, of being granted an approval under regulation 121.010 to conduct a Part 121 proficiency check; and
(b) on completion of the task and the assessment is granted the approval; and
(c) is recorded in the operator’s training and checking record for the persons undertaking the Part 121 proficiency check, as a person who meets the requirements mentioned in paragraphs (a) and (b).
(4) The exemptions in subsection (2) are subject to the condition that a Part 121 proficiency check for which the operator takes the benefit of the exemption must:
(a) conform to the validity requirements of:
(i) regulation 121.575, as if the check were a Part 121 proficiency check conducted by a person mentioned in subregulation 121.580(2) or (5) (as applicable); or
(ii) subparagraph (i), taking into account the effect of section 13; and
(b) meet the requirements of Division 5 of Chapter 12 of the Part 121 Manual of Standards, as if the check were a Part 121 proficiency check.
Note The exemptions under this section do not affect subregulation 119.170(6) or (7).
14E Part 121 proficiency checks – foreign conductors of – exemption
(1) This section applies to the operator of an aeroplane for a flight that is a Part 121 operation (the operator).
(2) The operator is exempted from compliance with Part 121 proficiency checks under the following provisions of Part 121, but only to the extent of who may conduct it under paragraph 121.580(2)(b):
(a) subregulation 121.580(2), as applicable to a check for a pilot;
(b) subregulation 121.580(5), as applicable to a flight engineer;
(c) paragraph 121.475(2)(c) — for subparagraph 121.480(1)(a)(ii), but only to the extent of paragraph 121.565(b);
(d) paragraph 121.475(2)(f), for paragraph 121.495(1)(b) — but only to the extent of paragraph 121.565(b);
(e) paragraph 121.475(2)(k) — but only to the extent of paragraph 121.560(3)(a);
(f) paragraph 121.475(2)(l) — but only to the extent of subparagraph 121.570(1)(a)(i);
(g) paragraph 121.540(1)(b) — for paragraph 121.540(3)(a), but only to the extent of paragraph 121.540(4)(c).
(3) The exemptions in subsection (2) are subject to the condition that a Part 121 proficiency check for which the operator takes the benefit of the exemption must be conducted by a person who is:
(a) employed by a training provider that is authorised by the national aviation authority of a recognised foreign State to conduct a check equivalent to the proficiency check under regulation 121.580 (an equivalent check); and
(b) authorised by the national aviation authority of the recognised foreign State to conduct an equivalent check.
(4) The exemptions in subsection (2) are subject to the condition that a Part 121 proficiency check for which the operator takes the benefit of the exemption must:
(a) conform to the validity requirements of:
(i) regulation 121.575, as if the check were a Part 121 proficiency check conducted by a person mentioned in subregulation 121.580(2) or (5) (as applicable); or
(ii) subparagraph (i), taking into account the effect of section 13; and
(b) meet the requirements of Division 5 of Chapter 12 of the Part 121 Manual of Standards, as if the check were a Part 121 proficiency check.
Note The exemptions under this section do not affect subregulation 119.170(6) or (7).
(5) The exemptions in subsection (2) are subject to the condition that, for a Part 121 proficiency check for which the operator takes the benefit of the exemptions, the operator must ensure that:
(a) each person who conducts the Part 121 proficiency check for the foreign training provider mentioned in subsection (3) is appropriately authorised to conduct the check; and
(b) the foreign training provider is notified, in writing, of any change in the operator’s exposition relating to the Part 121 proficiency check that the foreign training provider conducts.
14F Conversion training – foreign conductors of – exemption
(1) This section applies to the operator of an aeroplane for a flight that is a Part 121 operation (the operator).
(2) The operator is exempted from compliance with relevant conversion training requirements under subregulation 121.475(2)(j) — but only to the extent of who may conduct it under paragraph 121.560(1)(b).
(3) The exemption in subsection (2) is subject to the condition that conversion training for which the operator takes the benefit of the exemption must be conducted by a person who is:
(a) employed by a training provider that is authorised by the national aviation authority of a recognised foreign State to conduct conversion training equivalent to a relevant individual item of conversion training, mentioned in Division 3 of Chapter 12 of the Part 121 Manual of Standards, that the operator has contracted the training provider to conduct for a flight crew member of the operator (the applicable training); and
(b) authorised by the national aviation authority of the recognised foreign State to conduct the applicable training.
(4) The exemption in subsection (2) is subject to the condition that, for conversion training for which the operator takes the benefit of the exemption, the operator must ensure that:
(a) each person who conducts the conversion training for the foreign training provider mentioned in subsection (3) is appropriately authorised to conduct the training; and
(b) the foreign training provider is notified, in writing, of any change in the operator’s exposition relating to the conversion training that the foreign training provider conducts under the contract.
14G Relief of pilot in command — exemption
(1) This section applies to the operator, and the pilot in command, of an aeroplane for a flight that is a Part 121 operation (the operation).
(2) Subject to subsection (3), the operator and the pilot in command are each exempted from compliance with the following provisions of CASR:
(a) paragraph 121.535(1)(b) in relation to:
(i) subregulation 121.535(3); and
(ii) paragraph 121.535(4)(b);
(b) subregulation 121.535(6) (in relation to paragraph 121.535(1)(b) and subregulation 121.535(3)).
(3) Subsection (2) does not apply to an operator who is taking advantage of a different CASA exemption from compliance with paragraph 121.535(4)(b).
(4) The operator and the pilot in command are each exempted from compliance with the following provisions of CASR:
(a) paragraph 121.535(1)(b) in relation to:
(i) subregulation 121.535(3); and
(ii) paragraph 121.535(4)(c);
(b) subregulation 121.535(6) (in relation to paragraph 121.535(1)(b) and subregulation 121.535(3)).
(5) An exemption mentioned in subsection (4), that applies to the operator, is subject to the condition that the operation is conducted in accordance with sections 28 and 29 (including cessation).
Note Section 28 and 29 cease at the end of 28 February 2025.
14H Cabin crew approvals for duty on aeroplane types — exemption
(1) This section applies to the operator of an aeroplane for a flight that is a Part 121 operation (the operator).
(2) The operator is exempted from compliance with paragraph 121.695(2)(b) and subregulation 121.695(3).
(3) The exemption in subsection (2) is subject to the condition that the operator must hold a CASA approval for the cabin crew members of the operator to be assigned to duty on no more than 4 aeroplane types operated by the operator.
(4) For subsection (3), the approval must be equivalent to an approval under regulation 121.010 and as if regulation 121.010 applied to the operator.