CASA EX83/21 – Part 121 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021

as amended

made under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

This compilation was prepared on 2 December 2023 taking into account amendments up to instrument CASA EX95/23 – Amendment of CASA EX83/21 – Instrument 2023 (No. 2). It is a compilation of CASA EX83/21 – Part 121 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021, as amended and in force on 2 December 2023.

Prepared by the Advisory and Drafting Branch, Legal, International and Regulatory Affairs Division, Civil Aviation Safety Authority, Canberra.

Compilation No. 6.

Contents

Page

Part 1 Preliminary, Definitions and Application

Part 2 Exemptions from Part 121

5 Application of Part 121 – Australian air transport operations in foreign
countries – exemption

6 Minimum equipment list for Part 121 operations — exemption

7 Journey log – recording time flight begins – exemption

8 Journey log – recording flight information – exemption

9 Aerodrome requirements – approach slope indicator systems – exemption

10 Procedures for information about aerodromes – water aerodromes – exemption

11 Procedures for loading aeroplanes – weight of crew, passengers and their baggage – exemption

12 Flight crew composition, number, qualifications and training — exemption

13 Requirements for valid proficiency check — exemption

13A Approval to conduct training or checking for safety equipment or emergency equipment — exemption from requirement

14 Cabin crew – recent experience requirements – exemption

14A Ground support personnel – not direct employees – exemption

14B Ground support personnel duty statement – not direct employees – exemption

14C Ground support personnel – direct employees – exemption

14D Additional persons permitted to enter the cockpit — exemption

14DA Part 121 proficiency checks – approval to conduct – exemption

14E Part 121 proficiency checks – foreign conductors of – exemption

14F Conversion training – foreign conductors of – exemption

14G Relief of pilot in command — exemption

14H Cabin crew approvals for duty on aeroplane types — exemption

Part 3 Exemptions from Part 91 and related directions

15 Use of Part 121 flight related documents instead of Part 91 flight related documents — exemption and direction

16 Application of Part 121 flight preparation (Part 121 alternate aerodromes) requirements instead of Part 91 flight preparation (alternate aerodromes) requirements — exemption and direction

17 Application of Part 121 fuel requirements instead of Part 91 fuel
requirements — exemption and direction

18 Application of Part 121 fuelling requirements instead of Part 91 fuelling requirements — exemption and direction

19 Application of Part 121 passenger safety briefings, instructions and
demonstrations requirements instead of Part 91 safety briefing and
instructions requirements — exemption and direction

20 Application of Part 121 stowage of baggage and passenger service equipment requirements instead of Part 91 restraint and stowage requirements —
exemption and direction

21 Application of Part 121 performance requirements instead of Part 91
performance requirements — exemption and direction

22 Application of Part 121 weight and balance requirements instead of Part 91
weight and balance requirements — exemption and direction

23 Application of Part 121 instruments, indicators, equipment and systems requirements instead of Part 91 equipment requirements — exemption and direction

24 Application of Part 121 cabin crew requirements instead of Part 91 cabin crew requirements — exemption and direction

Part 4 Directions to Part 121 operators

25 Compliance before and after flight with flight manual instructions — direction

26 Fuelling safety procedures — direction

27 Passengers in emergency exit row seats — direction

Part 5 Composition and experience of Part 121 flight crew

28 Operator pairing procedures and requirements — exemption

29 Directions and cessation

Note to CASA EX83/21 – Part 121 and Part 91 of CASR – Supplementary
Exemptions and Directions Instrument 2021

Part 1 Preliminary, Definitions and Application

1 Name

This instrument is CASA EX83/21 – Part 121 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021.

2 Repeal

This instrument is repealed at the end of 1 December 2024.

3 Definitions

(1) In this instrument:

aerial work (air ambulance) operation has the same meaning as in regulation 202.405 of CASR.

Australian air transport operator has the meaning given by subregulation 119.015 (2) of CASR.

CAO is short for Civil Aviation Order.

CAR means the Civil Aviation Regulations 1988.

CASR means the Civil Aviation Safety Regulations 1998.

charter operation has the same meaning as in paragraph 2 (7) (b) of CAR, as in force immediately before 2 December 2021.

civil aviation legislation has the meaning given by section 3 of the Civil Aviation Act 1988.

early applicant, for a particular AOC or AOC variation, means a person:

(a) who at least 90 days before the commencement date — applied for the AOC or AOC variation under the civil aviation legislation in force on the date of the application; but

(b) whose application was still under consideration by CASA on the commencement date.

minimum equipment list or MEL has the meaning given by regulation 91.925.

national aviation authority has the meaning given by the CASR Dictionary.

non-scheduled air transport operation has the meaning given by the CASR Dictionary.

operations manual means an operator’s operations manual that complies with the requirements of regulation 215 of CAR, as in force immediately before 2 December 2021.

operator pairing procedures or requirements means procedures or requirements that an operator has in force to ensure that, when the flight crew for any specific flight includes at least 2 pilots, at least 1 of the pilots:

(a) must have completed the operator’s requirements for, and been approved by the operator to conduct, unsupervised line flying; and

(b) following that approval, must have completed a consolidation period (however described or required by the operator).

Note Consolidation periods are commonly described as a set number of flight hours, or aircraft operating cycles or sectors, or both flight hours and sectors.

Part 121 operation means an operation mentioned in subregulation 121.005 (1).

Part 121 proficiency check has the meaning given by the CASR Dictionary.

private operation has the meaning given by the CASR Dictionary.

recognised foreign State has the meaning given by regulation 61.010 of CASR.

regular public transport operation has the same meaning as in paragraph 2(7) (c) of CAR, as in force immediately before 2 December 2021.

scheduled air transport operation has the meaning given by the CASR Dictionary.

Subpart 121.Z operation means an operation mentioned in subregulation 121.005 (2).

T&C is short for training and checking.

T&C manual means an operator’s training and checking manual that complies with:

(a) for an operator holding an AOC authorising regular public transport operations — the requirements of subsection 4 of Appendix 2 of CAO 82.3, or CAO 82.5, as in force immediately before 2 December 2021; or

(b) for an operator holding an AOC authorising charter operations or aerial work (air ambulance) operations, but not regular public transport operations — the requirements of subsection 4 of Appendix 2 of CAO 82.1, as in force immediately before 2 December 2021.

the Act means the Civil Aviation Act 1988.

(2) To avoid doubt, in this instrument, unless a contrary intention appears:

(a) words and expressions have the same meaning as in Part 121 of CASR, the CASR Dictionary and the Act, as applicable; and

(b) mention of a provision with the prefix “121.” is a reference to that provision as contained in Part 121 of CASR; and

(3) Unless the contrary intention is expressed, any document incorporated into this instrument is so incorporated as it is in force from time to time.

3A Table of Contents

The Table of Contents for this instrument is not part of this instrument. It is for guidance only and may be edited or updated by CASA in any published version of this instrument.

4 Application

This instrument applies according to its terms.

Part 2 Exemptions from Part 121

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.

6 Minimum equipment list for Part 121 operations — exemption

(1) This section applies to the operator of an aeroplane for a flight that is a Part 121 operation if, immediately before 2 December 2021, the operator held an AOC, or was an early applicant for an AOC or an AOC variation, that:

(a) authorised charter operations, or aerial work (air ambulance) operations, in the aeroplane; and

(b) did not authorise regular public transport operations in the aeroplane.

(2) The operator is exempted from compliance with regulation 121.060 with respect to the aeroplane.

(3) The exemption in subsection (2) is subject to the condition that the operator must not commence using the aeroplane for scheduled air transport operations.

(4) This section ceases to have effect at the earliest of the following:

(a) the day the operator commences using the relevant aeroplane for scheduled air transport operations;

(b) the day an approval of a MEL for the aeroplane, under regulation 91.935, takes effect;

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 under regulation 121.010 that the training and checking system adequately covers all of the matters mentioned in paragraphs 121.475 (2) (h) to (m) (inclusive).

(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);

(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).

14 Cabin crew – recent experience requirements – exemption

(1) In this section:

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.

(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);

(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;

(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;

(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:

(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).