CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024
Part 8Training and checking systems — Australian air transport operators — Part 133 operations — rotorcraft — exemptions
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Part 8 Training and checking systems – Australian air transport operators – Part 133 operations – rotorcraft – exemptions
35 Application of Part 8
This Part applies to an Australian air transport operator for the conduct of a Part 133 operation (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 charter operations, or aerial work (air ambulance) operations; and
(b) was not 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 rotorcraft used in the operations.
36 Exemptions
A relevant operator is exempted from compliance with the following provisions:
(a) regulation 119.036;
(b) regulation 119.145;
(c) regulation 119.150;
(d) regulation 119.170;
(e) paragraph 119.205(1)(e), but only to the extent that it applies to the head of training and checking;
(f) paragraph 133.370(2)(g);
(g) regulation 133.375;
(h) paragraph 133.385(1)(c);
(i) regulation 133.395;
(j) paragraph 133.425(3)(b);
(k) regulation 133.455;
(l) regulation 133.465;
(m) regulation 133.470.
Note 1 For paragraph (f), exemption from paragraph 133.370(2)(g) has the implied consequential effect of exempting from subregulation 133.370(4) and Chapter 12 of the Part 133 MOS.
Note 2 For paragraph (j), exemption from paragraph 133.425(3)(b) has the implied consequential effect of exempting from subregulation 133.425(4) and section 13.02 of the Part 133 MOS.
37 Conditions of the exemptions — safety
(1) It is a condition of the exemptions in section 36 that the relevant operator must not commence the following:
(a) scheduled air transport operations (relevant operations);
(b) use of a rotorcraft for any air transport operation (the relevant rotorcraft);
if:
(c) such commencement would have required a training and checking organisation under subregulation 217(1) of CAR, as in force immediately before 2 December 2021;
(d) the relevant operator has not complied with the directions in section 38 for the relevant operations or the relevant rotorcraft.
(2) It is a condition of the exemptions in section 36 that the relevant operator must ensure that:
(a) the operator’s head of flying operations takes responsibility for the matters mentioned in regulations 119.140 and 119.150; and
(b) each crew member of a rotorcraft for a flight that is a Part 133 operation:
(i) has met the requirements of section 12 and Appendix IV of CAO 20.11, as in force immediately before 2 December 2021; and
(ii) has been assessed as competent, in accordance with the operator’s exposition, to perform the duties assigned to the person for the flight; and
(c) for a flight that is a Part 133 operation for an operator who did not conduct multi-crew operations before 2 December 2021, prior training for the pilot in command of the rotorcraft must include the following:
(i) training in the responsibilities of the pilot in command;
(ii) training in relation to pilot incapacitation; and
(d) a training record is maintained for each crew member that records at least the following:
(i) each ground training course completed or attempted, including the results for each phase or subject, and the final assessment of the standard achieved;
(ii) each flying training course completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each test or check;
(iii) each flight or simulator proficiency check completed or attempted, including the results of each phase of training, the number of times each exercise was undertaken and the results of each check;
(iv) each period of training, other than training referred to in subparagraph (i), (ii) or (iii), undertaken in an aircraft or simulator, including the exercises completed or attempted, and an assessment of the standard achieved; and
(e) the training record is retained for the relevant period identified in the operator’s exposition; and
(f) procedures are set out in the operator’s exposition designed to achieve the outcomes mentioned in paragraphs (a) to (e).
(3) For paragraph (2)(b), for a provision of a CAO mentioned in subparagraph (2)(b)(i), any reference to:
(a) a charter operation — must be taken to be a mention of the relevant operator’s Part 133 operations to which this Part applies; and
(b) a chief pilot — must be taken to be a mention of the relevant operator’s head of flying operations.
38 Directions to take preparatory steps
(1) A relevant operator who has taken the benefit of any exemption under section 36 must:
(a) not later than the end of a date specified in writing by CASA — give CASA the proposed T&C 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 T&C exposition content.
Note 2 If the proposed T&C exposition content includes the use of an individual to conduct a specified training or check mentioned in section 20B of CASA EX84/21, their supporting documents may need to include their application for the approval mentioned in that section.
Note 3 Any date specified in writing under paragraph 38(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 T&C 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 T&C exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 39.
Note 2 If the proposed T&C exposition content includes the use of an individual to conduct a specified training or check mentioned in section 20B of CASA EX84/21, the receipt of advice from CASA under paragraph (b) is not the approval mentioned in section 20B of CASA EX84/21.
Note 3 Any advice given under paragraph 38(1)(b) of CASA EX87/21 continues in force as if given under this instrument — see subsection 55(1).
(2) For subsection (1), documents submitted to CASA must be accompanied by the relevant approved Form (if any).
(3) Paragraph (1)(b) does not apply to an operator’s use of its proposed T&C exposition content for purposes other than compliance with civil aviation legislation.
Note For example, paragraph (1) (b) does not prevent an operator using its proposed T&C exposition content for the purpose of meeting a customer’s contractual requirement for the operator to have and use an enhanced system of conducting training and checking activities (as compared to section 37 safety conditions).
39 Expiry of the exemptions
The exemptions under section 36 expire for a relevant operator at the end of a date specified in writing by CASA.
Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of the specified date.
Note 2 Any date specified in writing under section 39 of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).
Part Part 8 - CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024 - Training and checking systems — Australian air transport operators — Part 133 operations — rotorcraft — exemptions | Zoe