Part 11Flight data analysis programs — Australian air transport operators — exemption

Part 11 Flight data analysis programs – Australian air transport operators – exemption

50 Application of Part 11

This Part applies to an Australian air transport operator (the relevant operator) who, immediately before 2 December 2021:

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

(b) was not subject to a requirement under subsection 2A of CAO 82.3, or subsection 2A of CAO 82.5, as in force at that time, to have an FDAP for operation of an aircraft in the operations; and

(c) was not the subject of a direction under regulation 11.245 to have an FDAP for operation of an aircraft in the operations.

51 Exemption

A relevant operator is exempted from compliance with regulation 119.195.

Note See also sections 18 and 19 of CASA EX82/21 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2021. This contains additional exemptions and directions in relation to FDAP requirements under regulation 119.195.

52 Conditions of the exemption — safety

It is a condition of the exemption in section 51 that the operator must not commence a scheduled air transport operation in an aircraft that required, or would have required, an FDAP under CAO 82.3 or 82.5, as in force immediately before 2 December 2021, until the relevant operator has complied with the directions in section 53.

53 Directions to take preparatory steps

(1) A relevant operator who has taken the benefit of any exemption under section 51 must:

(a) not later than the end of a date specified in writing by CASA — give CASA the proposed exposition content that meets the requirements of regulation 119.195 (proposed exposition content) along with any supporting documents that are specified in writing by CASA; and

Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed exposition content.

Note 2 Any date specified in writing under paragraph 53(1)(a) of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).

(b) subject to subsection (3), not commence using its proposed exposition content until the day it receives CASA’s written advice that it may do so.

Note 1 Receiving the written advice would permit a relevant operator to use the proposed exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 54.