8Obligations in relation to flight crew

8 Obligations in relation to flight crew

8.1 Subject to paragraph 8.2, each operator must provide the minimum flight crew specified in the aircraft flight manual, but must ensure that at least 2 pilots are used for the conduct of operations in:

(a) aeroplanes certificated under Appendix 1 of Part 101.4 of the Orders; and

(b) jet aeroplanes having a MTOW exceeding 3 500 kg; and

(c) aircraft in which more than 9 passenger seats may be fitted.

8.2 In spite of paragraph 8.1, 2 pilots need not be used for an operation in an aircraft of the kind referred to in paragraph 8.1 if, but only if:

(a) the aircraft is certificated for single pilot operations; and

(b) the operator’s air operator’s certificate restricts the number of adult passengers that may be carried in the aircraft on the operation to 9 or fewer; and

(c) the operation is conducted in accordance with that restriction.

8.3 Subject to paragraphs 8.4, 8.5 and 8.6, each operator must ensure that each pilot employed by the operator has the relevant qualifications set out in Appendix 4 for aircraft of the type operated by the pilot and meets the recent experience requirements equivalent to those specified for the holders of Air Transport Pilot Licences in subsection 11 of section 40.1.5.

8.4 CASA may by written notice permit the employment by an operator of pilots who do not have those qualifications where the operator has established a course of training which CASA is satisfied achieves an equivalent standard of skill and knowledge.

8.5 In the case of a pilot operating an aeroplane having a maximum take-off weight of 5 700 kg or less employed in a regular public transport operation, the requirement that the pilot must have the relevant qualifications set out in Appendix 4 applies only if the operation involves the carriage of passengers.

8.6 The pilot in command of an aeroplane is not required to have aeronautical experience as a pilot in command on night operations, if:

(a) the Air Operator’s Certificate is subject to the condition that operations are to be carried out only under the V.F.R. by day; and

(b) the operator ensures that the operation is carried out in accordance with that condition; and

(c) the aeroplane belongs to 1 of the following categories:

(i) single pilot aeroplanes — normal category;

(ii) single engine turbine powered aeroplanes — normal category;

(iii) single pilot aeroplanes — transport category.