Part 5Composition and experience of Part 121 flight crew

Part 5 Composition and experience of Part 121 flight crew

28 Operator pairing procedures and requirements — exemption

(1) This Part applies to the operator (the relevant operator) of an aeroplane for a flight that is a Part 121 operation if, immediately before 2 December 2021, the operator:

(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that authorised regular public transport operations, or charter operations, or aerial work (air ambulance) operations, in the aeroplane; and

(b) was subject to a requirement under subregulation 217(1) of CAR, as in force immediately before 2 December 2021, to provide a training and checking organisation for the operations, or for an aeroplane used in the operations; and

(c) had an operations manual, or a T&C manual, which included operator pairing procedures or requirements.

(2) The relevant operator is exempted from compliance with regulation 121.475(1) to the extent of the requirement under paragraph 121.475(2)(c) that at least one pilot occupying a pilot seat must have the experience required by paragraph 121.480(1)(b), and subregulations 121.480(2) and (3), for a flight crew member for the operator and the aeroplane.

(3) The exemption in subsection (2) is subject to the following conditions, namely, that the relevant operator must:

(a) have in their exposition the same operator pairing procedures and requirements as were in force immediately before 2 December 2021; and

Note The expression operator pairing procedures and requirements is defined in subsection 3(1).

(b) comply with the operator pairing procedures and requirements mentioned in paragraph (a); and

(c) ensure that the flight crew on any flight comply with the operator pairing procedures and requirements mentioned in paragraph (a); and

(d) not change any of the operator pairing procedures and requirements mentioned in paragraph (a), without CASA’s written approval expressly given under, and for the purposes of, this section only.

Note 1 It is an offence to purport to take the benefit of an exemption while failing to comply with a condition (regulation 11.205 of CASR). No other form of approval than that mentioned in paragraph (d) will satisfy the requirements for modifying the operator pairing procedures and requirements mentioned in paragraph (a).

Note 2 The exemption in subsection (2) ceases at the end of 28 February 2025 (see paragraph 29(2)(b) and subsection 29(3)). From this date, operators must have procedures in their exposition that comply with all of regulation 121.480.

29 Directions and cessation