1CASA EX79/24 –Transitional Training and Checking Requirements for Crew Members in Part 138 Operations – Exemption Instrument 2024

Instrument number CASA EX79/24 I, steven JAMES campbell, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998. \[Signed S. Campbell\] Steven Campbell Executive Manager, National Operations & Standards 19 November 2024 CASA EX79/24 –Transitional Training and Checking Requirements for Crew Members in Part 138 Operations – Exemption Instrument 2024 1 Name of instrument This instrument is CASA EX79/24 – Transitional Training and Checking Requirements for Crew Members in Part 138 Operations – Exemption Instrument 2024. 2 Duration This instrument: (a) commences on 2 December 2024; and (b) is repealed at the end of 1 December 2027. 3 Definitions In this instrument: > CAO 20.11 means Civil Aviation Order 20.11, as in force immediately before 2 December 2021. > emergency procedures proficiency test means the crew member emergency procedures proficiency test specified in Appendix IV of CAO 20.11. > flight review has the meaning given by the CASR Dictionary. > Part 138 MOS means the Part 138 Manual of Standards. > Note The CASR Dictionary defines Part 138 Manual of Standards as meaning the Manual of Standards issued by CASA under regulation 138.020. > relevant flight means a flight, for an operator, of an aeroplane to which Part 138 of CASR applies. > Note Regulation 138.005 of CASR provides that Part 138 applies to the operation of an aircraft for an aerial work operation if: (a) the aircraft is an aeroplane or rotorcraft; and (b) Part 101 does not apply to the operation of the aircraft. > relevant operator means the operator of a relevant flight. > Task Specialist has the meaning given by regulation 138.015. 4 Application This instrument applies to: (a) each crew member of a relevant flight: (i) who has a designation mentioned in column 3 of Table 1; and (ii) to whom a provision mentioned in column 5 of Table 1 applies; and (b) each operator of a relevant flight. 5 Exemptions (1) In this section: > critical date means the date that is notified to the relevant operator by CASA for the purposes of section 49 of CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024 (CASA EX73/24). > Note 1 This is the specified date notified to one or more relevant operators by CASA. After this date, relevant operators no longer have the benefit of Part 10 of CASA EX73/24 but may have the benefit of this latest exemption instrument if they satisfy its requirements and conditions. > Note 2 As of 2 December 2024, the critical date is 28 February 2025, unless varied by CASA. > Note 3 This exemption instrument has no application to a relevant operator who has voluntarily opted not to take the benefit of CASA EX87/21 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2021 or its successor CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024. (2) If: (a) on or after the critical date, a requirement, in relation to a training or checking event mentioned in an item of column 1 of Table 1, applies in relation to a relevant flight by a person with a designation mentioned in column 2 of the same item (the crew member); and (b) before the critical date, a training or checking event mentioned in column 4 of the item (the previous event) happened in relation to the crew member (including if under a previous designation mentioned in column 3); and (c) the relevant flight occurs: (i) on or after the critical date; and (ii) before the end of the day specified in column 6 of the item (the expiry date); then: (d) the crew member is exempted from compliance with each provision mentioned in column 5 of the item; and (e) the operator of the relevant flight is exempted from compliance with the same provision to the extent that the provision: (i) applies to the operator; or (ii) imposes on the operator an obligation to ensure that: (A) the crew member complies with the provision; or (B) the relevant flight may not commence unless the provision has been complied with. Table 1 | Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 | | ------------------------------------------------------------------------------------------ | ------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | Training or checking event | Current designation | Previous designation | Previous event | Provisions exempted from | Expiry date — the end of: | | 1. Flight crew member annual general emergency training and check of competency | Flight crew member | Flight crew member who was required under subsection 12 of CAO 20.11 to undertake and pass, for the aircraft, the emergency procedures proficiency test | Successful completion, for the operator and the aircraft, of the following that was valid immediately before the cessation of the critical date:(a) the emergency procedures proficiency test. | (a) paragraph 138.475(2)(f) for the purposes of subsections 23.02(2) and (3) of the Part 138 MOS;(b) subregulation 138.485(1), to the extent of the exemptions under paragraph (a). | For the general emergency training — no expiry date.For the general emergency check of competency, other than for the use of life rafts or underwater escape, the earlier of the following:(a) the expiry date of the emergency procedures proficiency test mentioned in column 4;(b) 28 February 2026.For the general emergency check of competency for the use of life rafts or underwater escape, the earliest of the following:(a) 3 years after the date of the emergency procedures proficiency test mentioned in column 4;(b) 3 years after the date of completion of a competency assessment (however described) in the use of life rafts, where the date of completion is after 28 February 2023;(c) 1 December 2027. | | 2. Flight crew member annual general emergency training and check of competency | Flight crew member | Flight crew member who was not required under subsection 12 of CAO 20.11 to undertake and pass, for the aircraft, the emergency procedures proficiency test | Conduct of at least 1 unsupervised flight that is an aerial work operation for the operator and the aircraft after 28 February 2024 but before the critical date. | (a) paragraph 138.475(2)(f) for the purposes of subsections 23.02(2) and (3) of the Part 138 MOS;(b) subregulation 138.485(1), to the extent of the exemptions under paragraph (a). | 28 February 2026. | | 3. Flight crew member conversion training and flight crew member proficiency check | Flight crew member | Flight crew member | For VFR flights — successful completion of a flight review that was valid for the aircraft under Part 61 of CASR immediately before the critical date.For IFR flights — successful completion of an instrument proficiency check that was valid for the aircraft under Part 61 of CASR immediately before the critical date. | (a) paragraph 138.475(2)(f) for the purposes of section 23.03 of the Part 138 MOS;(b) subregulation 138.485(1), to the extent of the exemptions under paragraph (a). | For the operator’s conversion training — no expiry date.For the operator’s FCM proficiency check — for day VFR flights – the earlier of the following:(1) if the successful completion of a flight review occurred before 28 May 2024:(a) the expiry date of the flight review;(b) 28 May 2025;(2) if the successful completion of a flight review occurred between 29 May 2024 and 28 August 2024:(a) the expiry date of the flight review;(b) 28 August 2025;(3) if the successful completion of a flight review occurred between 29 August 2024 and 28 November 2024:(a) the expiry date of the flight review;(b) 28 November 2025;(4) if the successful completion of a flight review occurred between 29 November 2024 and 28 February 2025:(a) the expiry date of the flight review;(b) 28 February 2026.For the operator’s FCM proficiency check — forIFR or night VFR flights – the earlier of the following:(a) the expiry date of the check mentioned in column 4;(b) 28 February 2026. | | 4. Air crew member recurrent training and checking (general emergency check of competency) | Air crew member | A crew member, with duties analogous to those of an air crew member or, who was required under subsection 12 of CAO 20.11 to undertake and pass, for the aircraft, a recurrent emergency procedures proficiency test | Successful completion, for the operator and the aircraft, of the following that was valid immediately before the critical date:(a) the emergency procedures proficiency test | (a) subregulation 138.485(1), to the extent of the exemptions under paragraph (b);(b) paragraph 138.540(2)(b) for the purposes of section 24.02 of the Part 138 MOS. | For the general emergency training — no expiry date.For the general emergency check of competency, other than for the use of life rafts or underwater escape, the earlier of the following:(a) the expiry date of the emergency procedures proficiency test mentioned in column 4; and(b) 28 February 2026.For the general emergency check of competency for the use of life rafts or underwater escape, the earliest of the following:(a) 3 years after the date of the emergency procedures proficiency test mentioned in column 4;(b) 3 years after the date of completion of a competency assessment (however described) in the use of life rafts or underwater escape, where the date of completion is after 28 February 2023;(c) 1 December 2027. | | 5. Air crew member recurrent training and checking (general emergency check of competency) | Air crew member | A crew member, with duties analogous to those of an air crew member, who was not required under subsection 12 of CAO 20.11 to undertake and pass, for the aircraft, a recurrent emergency procedures proficiency test | Conduct of at least 1 unsupervised aerial work operation for the operator and the aircraft after 28 February 2024 but before the critical date. | (a) subregulation 138.485(1), to the extent of the exemptions under paragraph (b);(b) paragraph 138.540(2)(b) for the purposes of section 24.02 of the Part 138 MOS. | For the general emergency training — no expiry date.For the general emergency check of competency, other than for the use of life rafts — 28 February 2026.For the general emergency check of competency for the use of life rafts or underwater escape — 1 December 2027. | | 6. Air crew member conversion and recurrent training and checking (proficiency check) | Air crew member | A crew member with duties analogous to those of an air crew member | Conduct of at least 1 unsupervised aerial work operation for the operator and the aircraft after 28 February 2024 but before the critical date. | (a) subregulation 138.485(1), to the extent of the exemptions under paragraph (b);(b) paragraph 138.540(2)(b) for the purposes of section 24.02 of the Part 138 MOS. | For the operator’s conversion training — no expiry date.For the operator’s proficiency check — 28 February 2026. | | 7. Task specialist recurrent training and checking (proficiency check) | Task specialist | No previous designation | No previous event | (a) subregulation 138.170(1). | For making a record of an assessment of competency (however described) of a task specialist — 31 August 2026. |