Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1)

I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under paragraph 28BA (1) (b) and subsection 98 (4A) of the Civil Aviation Act 1988, regulations 11.056, 11.068, 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998, regulations 5, 38, 5.14, 5.17, 5.18, 5.20, 5.22, 5.23, 5.52, 5.55, 5.59, 5.187, 5.215, 5.216, 150, 156, 157, 207, 208, 209, 235 and 303 of the Civil Aviation Regulations 1988 and subsection 33 (3) of the Acts Interpretation Act 1901.

[Signed John F. McCormick]

John F. McCormick
Director of Aviation Safety

27 August 2014

Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1)

1 Name of instrument

This instrument is the Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1).

2 Commencement

This instrument commences immediately before the commencement of the Civil Aviation Legislation Amendment Regulation 2013 (No. 1).

3 Definitions

(1)In this instrument:

continued authorisation has the meaning given by regulation 202.261 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

new authorisation has the meaning given by regulation 202.261 of CASR 1998.

(2)A reference in this instrument to a Civil Aviation Order identified by a specified number is taken to include a reference to the section of the Civil Aviation Orders with that number.

Note Some existing legislative instruments are referred to as a Civil Aviation Order followed by a number. Other instruments are referred to as a section of the Civil Aviation Orders. For consistency, in this instrument, all such instruments are referred to as a Civil Aviation Order followed by a number. For example, a reference to Civil Aviation Order 40.2.2 is taken to include a reference to section 40.2.2 of the Civil Aviation Orders.

4 Amendment of Civil Aviation Order 20.16.1

Schedule 1 amends Civil Aviation Order 20.16.1.

5 Amendment of Civil Aviation Order 20.18

Schedule 2 amends Civil Aviation Order 20.18.

6 Amendment of Civil Aviation Order 20.21

Schedule 3 amends Civil Aviation Order 20.21.

7 Amendment of Civil Aviation Order 29.2

Schedule 4 amends Civil Aviation Order 29.2.

8 Amendment of Civil Aviation Order 29.4

Schedule 5 amends Civil Aviation Order 29.4.

9 Amendment of Civil Aviation Order 29.5

Schedule 6 amends Civil Aviation Order 29.5.

10 Amendment of Civil Aviation Order 29.6

Schedule 7 amends Civil Aviation Order 29.6.

11 Amendment of Civil Aviation Order 29.10

Schedule 8 amends Civil Aviation Order 29.10.

12 Amendment of Civil Aviation Order 29.11

Schedule 9 amends Civil Aviation Order 29.11.

13 Amendment of Civil Aviation Order 40.2.2

Schedule 10 amends Civil Aviation Order 40.2.2.

14 Amendment of Civil Aviation Order 40.7

Schedule 11 amends Civil Aviation Order 40.7.

15 Amendment of Civil Aviation Order 48.0

Schedule 12 amends Civil Aviation Order 48.0.

Note Civil Aviation Orders 48.0, 48.1, 48.2, 48.3 and 48.4 were made under regulation 5.55 of the Civil Aviation Regulations 1988 (CAR 1988). Regulation 335 of CAR 1988 provides that Civil Aviation Orders made under regulation 5.55 that were in force immediately before 1 September 2014 continue in force according to their terms as if they had been made on 1 September 2014 under regulation 210A of CAR 1988.

16 Amendment of Civil Aviation Order 48.1

Schedule 13 amends Civil Aviation Order 48.1.

17 Amendment of Civil Aviation Order 48.2

Schedule 14 amends Civil Aviation Order 48.2.

18 Amendment of Civil Aviation Order 48.3

Schedule 15 amends Civil Aviation Order 48.3.

19 Amendment of Civil Aviation Order 82.0

Schedule 16 amends Civil Aviation Order 82.0.

20 Amendment of Civil Aviation Order 82.3

Schedule 17 amends Civil Aviation Order 82.3.

21 Amendment of Civil Aviation Order 82.5

Schedule 18 amends Civil Aviation Order 82.5.

22 Amendment of Civil Aviation Order 95.8

Schedule 19 amends Civil Aviation Order 95.8.

23 Amendment of Civil Aviation Order 95.10 Instrument 2014

Schedule 20 amends Civil Aviation Order 95.10 Instrument 2014.

24 Amendment of Civil Aviation Order 95.12

Schedule 21 amends Civil Aviation Order 95.12.

25 Amendment of Civil Aviation Order 95.12.1

Schedule 22 amends Civil Aviation Order 95.12.1.

26 Amendment of Civil Aviation Order 95.14

Schedule 23 amends Civil Aviation Order 95.14.

27 Amendment of Civil Aviation Order 95.32

Schedule 24 amends Civil Aviation Order 95.32.

28 Amendment of Civil Aviation Order 95.55

Schedule 25 amends Civil Aviation Order 95.55.

29 Amendment of Civil Aviation Order 100.5

Schedule 26 amends Civil Aviation Order 100.5.

30 Repeal

(1)Each instrument mentioned in Part 1 of Schedule 27 is repealed on the date specified for it in Schedule 27.

(2)To avoid doubt, each instrument mentioned in Part 2 of Schedule 27 is repealed on the date specified for it in Schedule 27.

31 Transitional — application of Civil Aviation Orders

The Civil Aviation Orders apply to a continued authorisation as if it were the equivalent new authorisation.

32 Exemption

(1)For regulation 11.160 of CASR 1998, a person who, immediately before 1 September 2014, held a certificate under subsection 3 of Civil Aviation Order 29.6 is exempt from compliance with regulation 61.065 of CASR 1998 to the extent that it prohibits the holder from conducting a sling load operation in a helicopter.

(2)The exemption in subsection (1) expires for a person if:

(a) the person is granted a sling operations endorsement; or

(b) CASA directs the person to cease conducting sling load operations.

(3)For regulation 11.160 of CASR 1998, a person who, immediately before 1 September 2014, was an approved person for subsection 3 of Civil Aviation Order 29.6 is exempt from compliance with regulation 61.065, but only to the extent that it prohibits the person from conducting flight training for a sling operations endorsement.

(4)The exemption in subsection (3) expires for a person if:

(a) the person is granted a sling operations training endorsement; or

(b) CASA directs the person to cease conducting flight training for a sling operations endorsement.

33 Expiry

(1)Sections 4 to 29 and Schedules 1 to 26 expire on the day after the commencement of the Civil Aviation Legislation Amendment Regulation 2013 (No. 1), as if they had been repealed by another instrument.

(2)Section 30 and Schedule 27 expire on the day after the last repeal date specified in Schedule 27, as if they had been repealed by another instrument.

(3)Section 32 expires at the end of August 2017, as if it had been repealed by another instrument.

(4)The remainder of this instrument expires at the end of August 2018, as if it had been repealed by another instrument.

Schedule 1 Amendment to Civil Aviation Order 20.16.1

[1] Subsection 2, before definition of Approved Landing System

Insert

In this Order:

aerial application operation has the meaning given by regulation 61.010 of the Civil Aviation Safety Regulations 1998.

[2] Paragraph 5.1.1

Omit

agricultural operations

Insert

an aerial application operation

Schedule 2 Amendment to Civil Aviation Order 20.18

[1] Subsection 2, before definition of minimum equipment list

Insert

aerial work includes flight training conducted by a Part 141 operator or a Part 142 operator.

[2] Subparagraph 4.1B (b)

Substitute

(b) has 2 control seats, with 1 control seat occupied by the pilot in command of the aeroplane and the other by a pilot who is authorised under Part 61 of CASR 1998 to conduct the flight.

Schedule 3 Amendment to Civil Aviation Order 20.21

[1] Amendment of listed provisions — references to agricultural operations

Omit “agricultural operations” and insert “aerial application operations” in the following provisions:

(a) heading;

(b) subparagraph 3.1 (a);

(c) subparagraph 3.1 (b);

(d) paragraph 4.2;

(e) paragraph 6.1;

(f) subparagraph 6.2 (b);

(g) paragraph 7.1;

(h) paragraph 8.1.

[2] Subsection 2

Omit

on agricultural operations

Insert

in aerial application operations

[3] Subsection 2A

Substitute

In this Order:

aerial application operation has the meaning given by regulation 61.010 of the Civil Aviation Safety Regulations 1998.

[4] Amendment of listed provisions — references to the Regulations

Omit “the Regulations” and insert “CAR 1988” in the following provisions:

(a) paragraph 3.1;

(b) paragraph 7.1.

[5] Paragraph 3.2

Omit

on agricultural operation

Insert

in aerial application operations

[6] Subsection 7 heading

Omit

under regulation 308

[7] Paragraph 7.1

Omit

If the conditions

Insert

For regulation 11.160 of CASR 1998, if the conditions

[8] After paragraph 7.2

Insert

7.3The exemption in paragraph 7.1 ceases at the end of August 2017, as if subsection 7 had been repealed by another instrument.

[9] Amendment of listed provisions — references to the Regulations

Omit “the Regulations” and insert “CASR 1998” in the following provisions:

(a) subparagraph 8.1 (b);

(b) paragraph 8.2.

Schedule 4 Amendment to Civil Aviation Order 29.2

[1] Subsection 1

Substitute

This section applies to the conduct of night circuit operations in aircraft operated by an operator authorised to conduct flying training at night.

[2] Paragraph 2.1

Substitute

An aerodrome used for night flying training must be 1 of the following:

(a) a military, certified or registered aerodrome that is suitable for night circuit operations;

(b) a landing area which meets the general guidelines in CAAP 92‑1 and has been approved for night flying training operations by CASA;

(c) in the case of helicopters, an aerodrome or landing area described in (a) or (b) above, or a helicopter landing site which meets the guidelines in CAAP 92-2.

[3] Paragraph 2.2

Substitute

Unless otherwise approved by CASA, night circuits must not be conducted at a height less that 1 000 feet above aerodrome elevation. Operations must be conducted within a radius of 3 miles from the aerodrome reference point.

[4] Paragraph 2.3

Omit

shall

Insert

must

[5] Subsection 3

Substitute

Night circuit operations must be conducted under the supervision of a flight instructor authorised by the operator to supervise the night flying training.

[6] Subsection 4

Substitute

4.1Lighting

The operator must ensure lighting is provided for the duration of the operations in accordance with the following:

(a) for aeroplanes — lighting as described in:

(i) for military, certified or registered aerodromes — CAAP 92-1(1); or

(ii) for other landing areas — CAAP 92A-1(0);

(b) for helicopters — lighting as described in subparagraph (a) or which meets the guidelines in CAAP 92-2.

4.2Ground Facilities

The operator must ensure that the following ground facilities are provided:

(a) either:

(i) a suitable standby power supply for fixed electric runway or HLS lighting; or

(ii) portable runway or HLS lighting that is available for use in the event of a runway or HLS lighting power failure;

(b) a suitable means of indicating the wind velocity to aircraft on the manoeuvring area and aircraft in flight.

[7] Subsection 5

Substitute

The operator must ensure that aircraft are fitted with:

(a) serviceable instrumentation and lighting as mentioned in Civil Aviation Order 20.18 for night V.M.C. aerial work and private operations; and

(b) serviceable radio communication equipment.

[8] Subsection 6, Appendix I and Appendix II

Omit

Schedule 5 Amendment to Civil Aviation Order 29.4

[1] Subsection 1, before definition of Air Display

Insert

In this Order:

aerial application operation has the meaning given by regulation 61.010 of the Civil Aviation Safety Regulations 1998.

[2] Amendment of listed provisions — references to programme

Omit “programme” and insert “program” in the following provisions:

(a) subparagraph 3 (b);

(b) subparagraphs 4.1 (e);

(c) subparagraph 4.1 (g);

(d) subparagraph 5.3 (a).

[3] Subparagraph 4.1 (f)

Omit

programme

Insert

program;

[4] Paragraph 4.2

Substitute

(1)Except during take-off or landing, or where specifically approved as part of the program of events, an aircraft must not operate below 500 feet above ground level.

(2)Except where specifically approved as part of the program of events, an aircraft in flight below 1 500 feet above ground level must not:

(a) track or manoeuvre towards spectators within a horizontal distance of 500 metres; or

(b) pass within 200 metres horizontal distance from spectators.

[5] Paragraph 4.3 (including heading)

Substitute

4.3Aerial Application Demonstrations

Airborne demonstrations of aerial application equipment must be conducted in accordance with the following additional requirements:

(a) the pilot must be authorised under Part 61 of the Civil Aviation Safety Regulations 1998 to conduct an aerial application operation in that category of aircraft;

(b) substances having toxic or noxious characteristics must not be released from the aircraft;

(c) substances dropped or discharged from the aircraft must not contact spectators;

(d) equipment used in aerial application demonstrations must be decontaminated before the demonstration in accordance with relevant State, Territory or Commonwealth regulations.

[6] Paragraph 5.4

Omit

1988 and

Insert

1988, the Civil Aviation Safety Regulations 1998 and

Schedule 6 Amendment to Civil Aviation Order 29.5

[1] Subsection 1

Substitute

This section applies to all Australian aircraft except those aircraft engaged in aerial application operations or aerial application training operations.

[2] After subsection 1

Insert

1A Definitions

In this Order:

aerial application operation has the meaning given by regulation 61.010 of the Civil Aviation Safety Regulations 1998.

aerial application training operation means flight training for aerial application operations.

[3] Paragraph 4.11

Substitute

The pilot in command must be authorised under Part 61 of the Civil Aviation Safety Regulations 1998 to conduct the activity.

[4] Paragraph 7.1

Substitute

An aircraft must not fly over any populous area at a height lower than 1 000 feet above the terrain, unless a flight at a lower height is essential to the efficient conduct of a dropping operation and such an operation is occasioned by an emergency.

[5] Appendix I

Omit

Schedule 7 Amendment to Civil Aviation Order 29.6

[1] Paragraphs 3.1, 3.2, 3.3 and 3.4

Substitute

A pilot must not conduct a sling load operation unless the pilot is authorised under Part 61 of the Civil Aviation Safety Regulations 1998 to conduct the operation.

[2] Appendix I

Omit

Schedule 8 Amendment to Civil Aviation Order 29.10

[1] Amendment of listed provisions — references to aerial stock mustering

Omit “aerial stock mustering” and insert “aerial mustering” in the following provisions:

(a) heading;

(b) subsection 1;

(c) subsection 2, definition of aerial stock mustering;

(d) paragraph 3.1 (twice occurring);

(e) paragraph 3.2;

(f) subparagraph 4.1 (a);

(g) paragraph 4.3 (twice occurring).

[2] Subsection 2

omit the following definitions:

• definition of approved training pilot
• definition of approved flight test officer
• definition of chief pilot
• definition of direct supervision
• definition of type of aircraft

[3] Subsection 2, definition of registered

Substitute

registered means registered under the Civil Aviation Safety Regulations 1998.

[4] Paragraph 5.2

Substitute

During an aerial mustering operation, a pilot must not carry more than 1 other person, and that person must be essential to the successful conduct of the operation.

[5] Subsection 6

Substitute

A pilot must not engage in an aerial mustering operation unless the pilot is authorised under Part 61 of the Civil Aviation Safety Regulations 1998 to conduct an aerial mustering operation in that kind of aircraft.

[6] Subsections 7, 8, 9, 10, 11 and 12

Omit

[7] Appendices I, II and III

Omit

Schedule 9 Amendment to Civil Aviation Order 29.11

[1] Subsection 2, definition of course of training

Substitute

course of training means a course of training in the techniques, and normal and emergency procedures, associated with winching and/or rappelling operations mentioned in the operator’s operations manual covering the requirements:

(a) for a winch and rappelling operations endorsement; or

(b) for a winch and rappelling operations training endorsement; or

(c) mentioned in Appendix III.

[2] Paragraph 5.1

Omit

paragraphs 5.2 to 5.7

Insert

paragraphs 5.2 to 5.8

[3] Paragraph 5.3

Substitute

Paragraph 5.1 does not apply to advanced operational training operations in winching conducted for the purpose of a course of training leading to the issue of:

(a) a winch and rappelling operations endorsement; or

(b) a winch and rappelling operations training endorsement; or

(c) a certificate of competence described in Appendix III;

if:

(d) the operations are conducted over an operating area that is clear of any obstruction that is likely to foul the winch cable; and

(e) only weights are winched during the training operations.

[4] Paragraph 5.4

Substitute

Paragraph 5.1 does not apply to advanced operational training operations in rappelling conducted for the purposes of a course of training leading to the issue of:

(a) a winch and rappelling operations endorsement; or

(b) a winch and rappelling operations training endorsement; or

(c) a certificate of competence described in Appendix III;

if the operations are conducted over an operating area that is clear of:

(d) any obstruction that is likely to foul the rope or flexible ladder used during the operations; and

(e) any obstruction or other hazard that is likely to endanger any person on, or coming off, the rope or flexible ladder.

[5] Paragraph 6.2

Omit

the relevant sections of Part 103 — Equipment Standards

Insert

Part 21 of the Civil Aviation Safety Regulations 1998

[6] Paragraph 6.4

Omit

cannot maintained

Insert

cannot be maintained

[7] Subsection 9

Substitute

A pilot must not act as part of the flight crew of a helicopter engaged in winching or rappelling operations unless the pilot is authorised under Part 61 of the Civil Aviation Safety Regulations 1998 to conduct a winch or rappelling operation in a helicopter.

[8] Subparagraph 10.2 (c)

Substitute

(c) the holder of a winch and rappelling operations training endorsement; or

[9] Appendices I and II

Omit

Schedule 10 Amendment to Civil Aviation Order 40.2.2

[1] Heading

Substitute

Balloon grade of night V.F.R. rating

[2] Paragraph 1.1

Omit

each grade of night V.F.R rating are set out in subsections 5 and 6 and paragraph 7.1

Insert

a balloon grade of night V.F.R rating are set out in subsections 5 and 6 and paragraph 7.2.

[3] Paragraph 1.2

Omit

[4] Paragraph 2.1

Omit

[5] Paragraph 4.2

Omit

[6] Subsection 5

Substitute

5.1Before undertaking a flight test required by subsection 7, an applicant for a balloon grade of night V.F.R. rating must pass an examination conducted or set by CASA or an approved pilot.

5.2A person must not attempt an examination mentioned in paragraph 5.1 unless the person satisfies the requirements of subsection 6.

[7] Paragraphs 6.1, 6.2, 6.3 and 6.5

Omit

[8] Subsection 6A

Omit

[9] Paragraphs 7.1, 7.3, 8.1, 8.3 and 9.2

Omit

[10] Appendix I, subsections 1 and 2

Omit

[11] Appendix I, subsection 3

Substitute

Subject to subsections 5 and 6, a balloon grade of night VFR rating authorises the holder of the rating to fly as pilot in command of balloons on aerial work, or charter, flights by night under the V.F.R.

[12] Appendix I, subsection 4

Omit

[13] Appendix I, subsection 5

Substitute

For the purposes of paragraph 9.1, a balloon grade of night VFR rating does not authorise the holder of the rating to fly as pilot in command of a balloon by night unless, within the period of 1 year immediately before the day of the proposed flight, the holder has completed 1 or more of the following:

(a) carried out at least 1 flight of at least 30 minutes duration of a balloon at night as pilot in command, as pilot acting in command under supervision or in dual flying; or

(b) satisfactorily completed a balloon proficiency check that was conducted at night; or

(c) passed a flight test that was conducted at night for the purpose of the issue of a balloon pilot licence, or the issue, or renewal, of a balloon pilot rating.

[14] Appendix I, paragraph 7.1

Omit

subregulation 5.16 (1)

Insert

regulation 11.068 of the Civil Aviation Safety Regulations 1998

[15] Appendix II

Omit

Schedule 11 Amendment to Civil Aviation Order 40.7

[1] Paragraph 2.2

Omit

5.22 (1)

Insert

5.23 (1)

[2] Subsections 3 and 7

Omit

Schedule 12 Amendment to Civil Aviation Order 48.0

[1] Paragraph 1.3

Substitute

1.2Paragraph 1.3 applies to the holder of a pilot licence, other than a person exercising the privileges of a private pilot licence or a recreational pilot licence.

1.3The flight and duty time limitations mentioned in section 48.1 of the Civil Aviation Orders apply when the person is engaged in aerial work, charter or regular public transport operations. Calculation of flight and duty time limitations made under section 48.1 must take into account any flight and duty time performed by the person in the course of private operations.

[2] Subsection 2, definitions of reserve time and rest period

Substitute

reserve time has the meaning given by regulation 210A of the Civil Aviation Regulations 1988.

rest period has the meaning given by regulation 210A of the Civil Aviation Regulations 1988.

[3] Subsection 2, definition of tour of duty

Substitute

tour of duty has the meaning given by regulation 210A of the Civil Aviation Regulations 1988.

Schedule 13 Amendment to Civil Aviation Order 48.1

[1] Before subsection 1

Insert

1A Definitions

In this Order:

aerial application operation has the meaning given by regulation 61.010 of the Civil Aviation Safety Regulations 1998.

[2] Amendment of listed provisions — references to aerial agricultural operations

Omit “aerial agricultural operations” and insert “aerial application operations” in the following provisions:

(a) subsection 1, heading;

(b) paragraph 1.1;

(c) subsection 2, heading;

(d) paragraph 2.1;

(e) paragraph 2.7.

Schedule 14 Amendment to Civil Aviation Order 48.2

[1] Amendment of listed provisions — references to night engineer

Omit “night engineer” and insert “flight engineer” in the following provisions:

(a) paragraph 1.12;

(b) paragraph 2.7.

[2] Amendment of listed provisions — references to Flight Engineer

Omit “Flight Engineer” and insert “flight engineer” in the following provisions:

(a) paragraph 2.2;

(b) paragraph 2.5;

(c) paragraph 2.11.

Schedule 15 Amendment to Civil Aviation Order 48.3

[1] Paragraph 2.1

Omit

night

Insert

flight

Schedule 16 Amendment to Civil Aviation Order 82.0

[1] After subsection 8

Insert

8A Aircraft ratings — aeroplanes

8A.1 Each certificate authorising regular public transport, or charter, operations is subject to the condition that the AOC holder must ensure that the requirements of this subsection are met.

8A.2 A person authorised by Part 61 of CASR 1998 to fly an aeroplane with a maximum take-off weight of more than 5 700 kg must not act as pilot in command of such an aeroplane if:

(a) the aeroplane is engaged in charter operations, or regular public transport operations; and

(b) the aeroplane’s flight manual specifies that it may be flown under the I.F.R.; and

(c) the holder does not satisfy the aeronautical experience requirements mentioned in paragraph 8A.3.

8A.3 Unless CASA otherwise approves, the pilot’s aeronautical experience must consist of:

(a) at least 50 hours of flight time as pilot in command or pilot acting in command under supervision in that type of aeroplane; or

(b) at least:

(i) 25 hours of flight time as pilot in command or pilot acting in command under supervision in that type of aeroplane; and

(ii) the successful completion of an approved training course conducted in an approved flight simulator.

8A.4 Unless CASA otherwise directs, the flight time mentioned in subparagraph 8A.3 (a) and sub‑subparagraph 8A.3 (b) (i) must include at least 10 flights each of at least 45 minutes.

8A.6 CASA may approve:

(a) a training course; and

(b) a flight simulator;

for the purposes of sub‑subparagraph 8A.3 (b) (ii).

8B Recent experience requirements — aeroplanes

8B.1 Each certificate authorising regular public transport operations in aeroplanes certified for multi-crew operations is subject to the condition that the AOC holder must ensure that the requirements of this subsection are met, subject to the written approval of CASA.

8B.2 Subject to paragraph 8B.8, the holder of an air transport pilot licence with an aeroplane category rating must not act as pilot in command of an aeroplane in regular public transport operations or relieve the pilot in command under Part 48 of the Civil Aviation Orders unless the holder has satisfactorily completed, in that type of aeroplane or an aircraft simulator for that type of aeroplane, within the preceding 15 months, the proficiency check mentioned in Appendix 8B.

8B.3 Where the holder of an air transport pilot licence with an aeroplane category rating has not flown a type of aeroplane within the preceding 90 days, the holder must not act as pilot in command of that type of aeroplane in regular public transport operations or relieve the pilot in command under Part 48 of the Civil Aviation Orders until the holder has completed a flight check in that type of aeroplane to the satisfaction of CASA or a check pilot.

8B.4 Where the holder of an air transport pilot licence with an aeroplane category rating has not flown a type of aeroplane, including completion of 1 take-off and 1 landing in that type of aeroplane, within the preceding 45 days, the holder must not act as pilot in command of that type of aeroplane in regular public transport operations until the holder has completed in that type of aeroplane or an aircraft simulator for that type of aeroplane:

(a) 2 take-offs and 2 landings; or

(b) 1 hour flight time including 1 take-off and 1 landing.

8B.5 Subject to paragraph 8B.8, the holder of an air transport pilot licence with an aeroplane category rating must not act as pilot in command of an aeroplane in regular public transport operations at night or relieve the pilot in command at night under Part 48 of the Civil Aviation Orders unless the holder has complied with the provision of paragraphs 8B.3 and 8B.4 and has:

(a) within the preceding 15 months satisfactorily completed the night flight section of the proficiency check mentioned in paragraph 5 of Appendix 8B; and

(b) within the preceding 90 days completed 1 take-off and landing at night.

8B.6 The holder of an air transport pilot licence with an aeroplane category rating must not act as co-pilot in an aeroplane engaged in regular public transport operations unless:

(a) within the preceding 45 days, the holder has flown as a pilot crew member in that type of aeroplane; or

(b) within the preceding 45 days, the holder has undertaken the operator’s approved simulator refresher course in an aircraft simulator for that type of aircraft, being a course of not less than 1 hour’s duration; or

(c) the other control seat is occupied by a check pilot or a pilot appointed by the operator of the aeroplane to exercise supervision for the purposes of this paragraph.

8B.7 Subject to paragraph 8B.8, the holder of an air transport pilot licence with an aeroplane category rating must not act as co-pilot of an aircraft engaged in regular public transport operations unless the holder has successfully completed within the preceding 15 months a proficiency check, in that type of aeroplane or an aircraft simulator for that type of aeroplane, as set out in Appendix 8B.

8B.8 The holder is taken to meet the requirements of paragraphs 8B.2, 8B.5 and 8B.7 if the holder is successfully participating in an operator’s approved training and checking system that covers an aircraft of that type.

8C Aircraft ratings — helicopters

8C.1 Each certificate authorising regular public transport, or charter, operations is subject to the condition that the AOC holder must ensure that the requirements of this subsection are met.

8C.2 A person must not fly as pilot in command of a helicopter that is engaged in regular public transport, or charter, operations unless the person has the minimum aeronautical experience in that type of helicopter as pilot in command or as pilot acting in command under supervision mentioned in Appendix 8C, having regard to:

(a) whether the helicopter is single engine or multi-engine; and

(b) whether the operation is conducted under the V.F.R. or the I.F.R.; and

(c) whether a permitted reduction applies.

[2] After Appendix 8

Insert

Appendix 8B

Proficiency Check

1 General flying

A flight check on an air route embracing:

(a) flight planning and air navigation; and

(b) preparation for flight; and

(c) airways operating procedures; and

(d) all manoeuvres associated with the normal operation of the aircraft type.

2 Instrument flight

The manoeuvres and procedures mentioned in the Part 61 Manual of Standards for an instrument proficiency check.

3 Emergency manoeuvres (multi-engine aircraft)

3.1Asymmetric flight

In respect of a multi-engine aircraft, a holder must satisfy CASA or a check pilot that the holder has:

(a) an adequate knowledge of the performance of the aircraft at the authorised maximum take-off weight with the critical engine inoperative, in the various configurations associated with take-off; and

(b) an adequate knowledge of the performance of the aircraft at the authorised maximum landing weight with the critical engine inoperative, during the execution of a baulked approach from the landing configuration; and

(c) a correct appreciation of the piloting techniques, the control forces and aircraft attitudes involved.

3.1.1Take-off

(a) Twin-engined aircraft: attaining optimum performance following simulated failure of 1 engine at a point immediately after take-off critical speed is reached.

(b) Four-engined aircraft: attaining optimum performance following simulated failure of an outboard engine at a point immediately after take-off critical speed is reached.

Note This sequence is not required if CASA or the check pilot considers that the asymmetric take-off required for the instrument proficiency check adequately covers the visual case.

3.1.2Approach and landing

(a) Twin-engined aircraft:

(i) approach and landing following simulated failure of 1 engine; and

(ii) use of asymmetric reverse thrust where applicable.

(b) Four-engined aircraft:

(i) approach to land following simulated failure of an outboard engine (either a three-engined landing or a three-engined baulked approach must be carried out); and

(ii) approach and landing following simulated failure of 2 engines on 1 side; and

(iii) use of asymmetric reverse thrust where applicable.

Note Correct handling of engine ancillary controls and adherence to engine limitations as applicable is a requirement for satisfactory performance of these manoeuvres. The aeroplane used in these sequences must be loaded to a weight which will give a positive indication of flight and handling characteristics.

3A Emergency manoeuvres (single engine turbine powered aeroplanes)

3A.1In respect of a single engine turbine powered aeroplane, a holder must satisfy CASA or a check pilot, that the holder has an adequate knowledge of the procedures to be followed in the aeroplane with the engine inoperative or malfunctioning:

(a) in the various configurations associated with take-off; and

(b) while the aeroplane is climbing, cruising or descending; and

(c) while the aircraft is carrying out an approach or landing.

4 Circling approach manoeuvre

A circuit, approach and landing within the lowest ceiling and visibility limits of the most critical aerodrome approach procedure that the pilot is authorised to conduct.

5 Night flight (annual requirement)

A flight check on an air route embracing all manoeuvres associated with the normal operation of an aeroplane. Where difficulty is experienced in meeting this requirement 1 take-off and 1 landing may be substituted for the route check provided that a route is completed once in every 2 years.

6 Emergency procedures

The holder must satisfy CASA, or a properly qualified person designated for the purpose by CASA, either orally or by demonstration where required, that the holder is competent in the operation of all the aircraft emergency systems (e.g. fire extinguishers, emergency exit, oxygen, hydraulics, electrical instruments, radio, etc.) and in the application of the emergency procedures set out in the Operations Manual (e.g. action in the event of engine fires, belly compartment fires, heater fires, ditching, landing with a wheel or wheels not locked down, action in the event of decompression, boost out approach and landing, etc.).

Note Where an operator has an approved simulator training course, item 6 of this proficiency check may be completed in a simulator.

Appendix 8C

Minimum aeronautical experience requirements to conduct charter, or regular public transport, operations in a type of helicopter

<table cellspacing="0" cellpadding="0" style="width:100%; margin-bottom:0pt; border:0.75pt solid #000000; border-collapse:collapse"><tbody><tr><td style="width:145.55pt; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; line-height:normal; border-right:1.5pt solid #000000; padding-right:4pt; font-size:12pt"><span style="font-family:'Times New Roman', serif; font-weight:bold">Type of helicopter</span></p></td><td colspan="2" style="width:138.55pt; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; line-height:normal; border-right:1.5pt solid #000000; padding-right:4pt; font-size:12pt"><span style="font-family:'Times New Roman', serif; font-weight:bold">Minimum aeronautical experience </span><span style="font-family:'Times New Roman', serif; font-weight:bold">as pilot in command or acting in command under supervision </span><span style="font-family:'Times New Roman', serif; font-weight:bold">for single pilot operations</span></p></td><td colspan="2" style="width:145.6pt; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; line-height:normal; border-right:1.5pt solid #000000; padding-right:4pt; font-size:12pt"><span style="font-family:'Times New Roman', serif; font-weight:bold">Minimum aeronautical experience</span><span style="font-family:'Times New Roman', serif; font-weight:bold"> as pilot in command or acting in command under supervision</span><span style="font-family:'Times New Roman', serif; font-weight:bold"> </span><span style="font-family:'Times New Roman', serif; font-weight:bold">for multi</span><span style="font-family:'Times New Roman', serif; font-weight:bold">‑</span><span style="font-family:'Times New Roman', serif; font-weight:bold">pilot operations</span></p></td></tr><tr><td style="width:145.55pt; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; line-height:normal; border-right:1.5pt solid #000000; padding-right:4pt; font-size:12pt"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:63.85pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; line-height:normal; border-right:1.5pt solid #000000; padding-right:4pt; font-size:12pt"><span style="font-family:'Times New Roman', serif">Night V.F.R./Day V.F.R.</span></p></td><td style="width:63.9pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; line-height:normal; border-right:1.5pt solid #000000; padding-right:4pt; font-size:12pt"><span style="font-family:'Times New Roman', serif">I.F.R.</span></p></td><td style="width:67.4pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; line-height:normal; border-right:1.5pt solid #000000; padding-right:4pt; font-size:12pt"><span style="font-family:'Times New Roman', serif">Night V.F.R./Day V.F.R.</span></p></td><td style="width:67.4pt; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; line-height:normal; border-right:1.5pt solid #000000; padding-right:4pt; font-size:12pt"><span style="font-family:'Times New Roman', serif">I.F.R.</span></p></td></tr><tr><td style="width:145.55pt; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; line-height:normal; border-right:1.5pt solid #000000; padding-right:4pt; font-size:12pt"><span style="font-family:'Times New Roman', serif">A t</span><span style="font-family:'Times New Roman', serif">ype of single-engine helicopter</span></p></td><td style="width:63.85pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; line-height:normal; border-right:1.5pt solid #000000; padding-right:4pt; font-size:12pt"><span style="font-family:'Times New Roman', serif">5 hours</span></p></td><td style="width:63.9pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; line-height:normal; border-right:1.5pt solid #000000; padding-right:4pt; font-size:12pt"><span style="font-family:'Times New Roman', serif">N/A</span></p></td><td style="width:67.4pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; line-height:normal; border-right:1.5pt solid #000000; padding-right:4pt; font-size:12pt"><span style="font-family:'Times New Roman', serif">10 hours</span></p></td><td style="width:67.4pt; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; line-height:normal; border-right:1.5pt solid #000000; padding-right:4pt; font-size:12pt"><span style="font-family:'Times New Roman', serif">N/A</span></p></td></tr><tr><td style="width:145.55pt; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; line-height:normal; border-right:1.5pt solid #000000; padding-right:4pt; font-size:12pt"><span style="font-family:'Times New Roman', serif">A t</span><span style="font-family:'Times New Roman', serif">ype of multi-engine helicopter</span></p></td><td style="width:63.85pt; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; line-height:normal; border-right:1.5pt solid #000000; padding-right:4pt; font-size:12pt"><span style="font-family:'Times New Roman', serif">10 hours</span></p></td><td style="width:63.9pt; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; line-height:normal; border-right:1.5pt solid #000000; padding-right:4pt; font-size:12pt"><span style="font-family:'Times New Roman', serif">15 hours</span></p></td><td style="width:67.4pt; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; line-height:normal; border-right:1.5pt solid #000000; padding-right:4pt; font-size:12pt"><span style="font-family:'Times New Roman', serif">15 hours</span></p></td><td style="width:67.4pt; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; line-height:normal; border-right:1.5pt solid #000000; padding-right:4pt; font-size:12pt"><span style="font-family:'Times New Roman', serif">20 hours</span></p></td></tr></tbody></table>

Permitted reductions in minimum aeronautical experience

1For an operation in a single-engine helicopter under the V.F.R. with a single pilot — if a pilot has 5 hours’ aeronautical experience on another type of single-engine helicopter, the minimum aeronautical experience as pilot in command, or acting in command under supervision, is to be reduced from 5 hours to 3 hours.

2For an operation in a single-engine helicopter under the V.F.R. with more than 1 pilot — if a pilot has 10 hours’ aeronautical experience on another type of single‑engine helicopter, the minimum aeronautical experience as pilot in command, or acting in command under supervision, is to be reduced from 10 hours to 5 hours.

3For an operation in a multi-engine helicopter under the V.F.R. with a single pilot — if a pilot has 10 hours’ aeronautical experience on another type of multi-engine helicopter, the minimum aeronautical experience as pilot in command, or acting in command under supervision, is to be reduced from 10 hours to 5 hours.

4For an operation in a multi-engine helicopter under the I.F.R. with a single pilot — if a pilot has 15 hours’ aeronautical experience on another type of multi‑engine helicopter, the minimum aeronautical experience as pilot in command, or acting in command under supervision, is to be reduced from 15 hours to 10 hours.

5For an operation in a multi-engine helicopter under the V.F.R. with more than 1 pilot — if a pilot has 15 hours’ aeronautical experience on another type of multi‑engine helicopter, the minimum aeronautical experience as pilot in command, or acting in command under supervision, is to be reduced from 15 hours to 10 hours.

6.For an operation in a multi-engine helicopter under the I.F.R. with more than 1 pilot — if a pilot has 20 hours’ aeronautical experience on another type of multi‑engine helicopter, the minimum aeronautical experience as pilot in command, or acting in command under supervision, is to be reduced from 20 hours to 15 hours.

Schedule 17 Amendment to Civil Aviation Order 82.3

[1] Paragraphs 3.1 and 3.2

Substitute

3.1Subject to paragraph 3.2A, each operator must provide a training and checking organisation under regulation 217.

3.2Subject to paragraph 3.2A, a training and checking organisation must be in accordance with Appendix 2.

3.2AThe operator may contract a Part 142 operator to perform activities that the operator would otherwise be required by this subsection to perform, other than checking for aircraft that have a maximum operational passenger seat configuration of more than 30 seats.

Schedule 18 Amendment to Civil Aviation Order 82.5

[1] Paragraphs 3.1 and 3.2

Substitute

3.1Subject to paragraph 3.2A, each operator must provide a training and checking organisation under regulation 217.

3.2Subject to paragraph 3.2A, a training and checking organisation must be in accordance with Appendix 2.

3.2AThe operator may contract a Part 142 operator to perform activities that the operator would otherwise be required by this subsection to perform, other than checking for aircraft that have a maximum operational passenger seat configuration of more than 30 seats.

Schedule 19 Amendment to Civil Aviation Order 95.8

[1] Heading

Substitute

Exemption from provisions of the regulations under the Civil Aviation Act 1988 — hang-gliders

[2] Subsection 2, after the definition of CAR 1988

Insert

CASR 1998 means the Civil Aviation Safety Regulations 1998.

[3] Paragraph 3.1

Omit

with the following

Insert

with Part 61 of CASR 1998 and the following

[4] Subparagraph 3.1 (a)

Omit

4D, 5 and 7

Insert

4D and 7

[5] Subparagraph 3.1 (b)

Omit

subregulations 83 (1), (2) and (3)

Insert

subregulation 83 (1)

[6] Paragraph 4.2 (including the Note)

Substitute

4.2In spite of paragraph 4.1, a person who makes an airborne radio transmission on an aeronautical HF frequency must be authorised to transmit using an aeronautical radio under Part 61 or Part 64 of CASR 1998.

[7] Paragraph 7.3

Substitute

7.3The radiotelephone equipment (if any) fitted to an aircraft must not be used by a person unless the person:

(a) for transmission on VHF frequencies only — holds a valid certificate, issued by the HGFA in accordance with the appropriate operations manual, relating to the operation of radiotelephone equipment; or

(b) for all transmissions — is authorised to transmit using an aeronautical radio under Part 61 or Part 64 of CASR 1998.

[8] Paragraph 7.6

Substitute

7.6An aircraft to which this Order applies may be flown in Class C or Class D airspace if the pilot:

(a) holds a pilot licence issued under Part 61 of CASR 1998 with an aeroplane category rating that allows the holder to fly in that airspace; and

(b) has a valid flight review for the class rating in accordance with Part 61 of CASR 1998.

Schedule 20 Amendment to Civil Aviation Order 95.10 Instrument 2014

[1] Paragraph 2.1, definition of flight radiotelephone operator licence

Omit

[2] Paragraph 3.1

Omit

with the following

Insert

with Part 61 of CASR 1998 and the following

[3] Subparagraph 3.1 (a)

Omit

4C, 4D and 5

Insert

4C and 4D

[4] Subparagraph 3.1 (b)

Omit

subregulations 83 (1), (2) and (3)

Insert

subregulation 83 (1)

[5] Paragraph 4.2 (including the Note)

Substitute

4.2In spite of paragraph 4.1, a person who makes an airborne radio transmission on an aeronautical HF frequency must be authorised to transmit using an aeronautical radio under Part 61 or Part 64 of the Civil Aviation Safety Regulations 1998.

[6] Subparagraph 6.1 (i)

Substitute

(i) if the aeroplane is fitted with radiotelephone equipment, the radiotelephone equipment must not be used by a person unless the person:

(i) for all transmissions — is authorised to transmit using an aeronautical radio under Part 61 or Part 64 of CASR 1998; or

(ii) only for transmissions that use aeronautical VHF frequencies or are made in accordance with paragraph 4.2 — holds a valid certificate, issued by the RAA or the HGFA, in accordance with the RAA Operations Manual or the HGFA Operations Manual, as the case may be, relating to the operation of radiotelephone equipment.

[7] Subparagraphs 6.4 (d) and (e)

Substitute

(d) the aeroplane is flown by the holder of a pilot licence with an aeroplane category rating:

(i) issued under Part 61 of CASR 1998; and

(ii) that allows the holder to fly inside the controlled airspace;

(e) the pilot has a valid flight review for the class rating in accordance with Part 61 of CASR 1998;

[8] Subparagraph 7.1 (d)

Omit

, under subregulation 141 (1) of CAR 1988,

Schedule 21 Amendment to Civil Aviation Order 95.12

[1] Heading

Substitute

Exemption from provisions of the regulations under the Civil Aviation Act 1988 — gyroplanes having an empty weight not in excess of 250 kilograms

[2] Amendment of listed provisions — references to aerial stock mustering

Omit “aerial stock mustering” and insert “aerial mustering” in the following provisions:

(a) subsection 2, definition of aerial stock mustering;

(b) sub-subparagraph 5 (c) (iii);

(c) paragraph 6.4.

[3] Subsection 3

Omit

with the following

Insert

with Part 61 of CASR 1998 and the following

[4] Subparagraph 3 (a)

Omit

4D, 5 and 7

Insert

4D and 7

[5] Subparagraph 3 (b)

Omit

subregulations 83 (1), (2) and (3)

Insert

subregulation 83 (1)

[6] Paragraph 4.2 (including the Note)

Substitute

4.2In spite of paragraph 4.1, a person who makes an airborne radio transmission on an aeronautical HF frequency must be authorised to transmit using an aeronautical radio under Part 61 or Part 64 of CASR 1998.

[7] Sub-subparagraph 5 (c) (iv)

Substitute

(iv) flight training, conducted in accordance with Part 61 of CASR 1998, for aerial mustering;

[8] Subparagraphs 6.1 (h) and (i)

Substitute

(h) if the gyroplane is fitted with radiotelephone equipment, the radiotelephone equipment must not be used by a person unless the person:

(i) for all transmissions — is authorised to transmit using an aeronautical radio under Part 61 or Part 64 of CASR 1998; or

(ii) only for transmissions using aeronautical VHF frequencies, but subject to paragraph 4.2 or are made in accordance with paragraph 4.2 — holds a valid certificate, issued by the ASRA in accordance with the ASRA Operations Manual relating to the operation of radiotelephone equipment;

(i) the gyroplane must not be operated in aerial mustering unless the pilot has a low‑level rating with an aerial mustering – gyroplane endorsement, or satisfies the equivalent requirements issued by ASRA and published in the ASRA Operations Manual.

[9] Subparagraphs 6.3 (d) and (e)

Substitute

(d) the gyroplane is flown by the holder of a pilot licence with an gyroplane category rating:

(i) issued under Part 61 of CASR 1998; and

(ii) that allows the holder to fly inside the controlled airspace;

(e) the pilot has a valid flight review for the class rating in accordance with Part 61 of CASR 1998;

Schedule 22 Amendment to Civil Aviation Order 95.12.1

[1] Heading

Substitute

Exemption from provisions of the regulations under the Civil Aviation Act 1988 — 2-place gyroplanes and single-place gyroplanes certificated as light sport aircraft

[2] Amendment of listed provisions — references to aerial stock mustering

Omit “aerial stock mustering” and insert “aerial mustering” in the following provisions:

(a) subsection 2, definition of aerial stock mustering;

(b) sub-subparagraph 6.1 (b) (v);

(c) paragraph 7.5.

[3] Paragraph 3.1

Omit

with the following

Insert

with Part 61 of CASR 1998 and the following

[4] Subparagraph 3.1 (a)

Omit

4D, 5 and 7

Insert

4D and 7

[5] Subparagraph 3.1 (b)

Omit

subregulations 83 (1), (2) and (3)

Insert

subregulation 83 (1)

[6] Paragraph 5.2 (including the Note)

Substitute

5.2In spite of paragraph 5.1, a person who makes an airborne radio transmission on an aeronautical HF frequency must be authorised to transmit using an aeronautical radio under Part 61 or Part 64 of CASR 1998.

[7] Sub-subparagraph 6.1 (b) (vi)

Substitute

(vi) flight training, conducted in accordance with Part 61 of CASR 1998, for aerial mustering;

[8] Subparagraph 7.1 (j)

Substitute

(j) the gyroplane must not be operated in aerial mustering unless the pilot has a low‑level rating with an aerial mustering – gyroplane endorsement, or satisfies the equivalent requirements issued by ASRA and published in the ASRA Operations Manual.

[9] Paragraph 7.2

Substitute

7.2The radiotelephone equipment (if any) fitted to a gyroplane must not be used by a person unless the person:

(a) for transmissions on VHF frequencies only — holds a valid certificate, issued by the ASRA in accordance with the ASRA Operations Manual, relating to the operation of radiotelephone equipment; or

(b) for all transmissions — is authorised to transmit using an aeronautical radio under Part 61 or Part 64 of CASR 1998.

[10] Subparagraphs 7.4 (d) and (e)

Substitute

(d) the gyroplane is flown by the holder of a pilot licence with an gyroplane category rating:

(i) issued under Part 61 of CASR 1998; and

(ii) that allows the holder to fly inside the controlled airspace;

(e) the pilot has a valid flight review for the class rating in accordance with Part 61 of CASR 1998;

Schedule 23 Amendment to Civil Aviation Order 95.14

[1] Heading

Substitute

Exemption from provisions of the regulations under the Civil Aviation Act 1988 — parasails and gyrogliders

[2] Subsection 3

Substitute

3.1If the conditions set out in this Order are complied with, parasails and gyrogliders are exempt from compliance with Part 61 of the Civil Aviation Safety Regulations 1998 and the following provisions of the Civil Aviation Regulations 1988:

(a) Parts 3, 4, 4A, 4B, 4C, 4D and 7;

(b) subregulation 83 (1) in respect of VHF equipment;

(c) Part 11 (other than regulations 140, 143, 144, 145 and 156);

(d) Part 14.

Schedule 24 Amendment to Civil Aviation Order 95.32

[1] Heading

Substitute

Exemption from provisions of the regulations under the Civil Aviation Act 1988 — weight shift controlled aeroplanes and powered parachutes

[2] Subsection 2, definition of flight radiotelephone operator licence

Omit

[3] Subsection 2, Note

Substitute

Note Definitions of some expressions used in this Order can be found in regulation 2 of CAR 1988 or the Dictionary for CASR 1998 (as provided for by subregulation 5 (2) of CAR 1988). Expressions defined in regulation 2 of CAR 1988 include (for example) agricultural operations. Expressions defined in the Dictionary for CASR 1998 include (for example) flight crew licence and flying training area.

[4] Paragraph 3.1

Omit

with the following

Insert

with Part 61 of CASR 1998 and the following

[5] Subparagraph 3.1 (a)

Omit

4D, 5 and 7

Insert

4D and 7

[6] Subparagraph 3.1 (b)

Omit

subregulations 83 (1), (2) and (3)

Insert

subregulation 83 (1)

[7] Paragraph 5.2 (including the Note)

Substitute

5.2In spite of paragraph 5.1, a person who makes an airborne radio transmission on an aeronautical HF frequency must be authorised to transmit using an aeronautical radio under Part 61 or Part 64 of CASR 1998.

[8] Subparagraph 7.1 (k)

Substitute

(k) the radiotelephone equipment (if any) fitted to an aeroplane must not be used by a person unless the person:

(i) for transmissions on VHF frequencies only — holds a valid certificate, issued by the RAA or the HGFA in accordance with the appropriate Operations Manual, relating to the operation of radiotelephone equipment; or

(ii) for all transmissions — is authorised to transmit using an aeronautical radio under Part 61 or Part 64 of CASR 1998.

[9] Subparagraphs 7.3 (d) and (e)

Substitute

(d) the aeroplane is flown by the holder of a pilot licence with an aeroplane category rating:

(i) issued under Part 61 of CASR 1998; and

(ii) that allows the holder to fly inside the controlled airspace;

(e) the pilot has a valid flight review for the class rating in accordance with Part 61 of CASR 1998;

[10] Subparagraph 7.4 (a)

Substitute

(a) the pilot in command is authorised under Part 61 of CASR 1998 to do so; and

[11] Subparagraph 8.1 (d)

Omit

, under subregulation 141 (1) of CAR 1988,

Schedule 25 Amendment to Civil Aviation Order 95.55

[1] Heading

Substitute

Exemption from provisions of the regulations under the Civil Aviation Act 1988 — certain ultralight aeroplanes

[2] Subsection 2, definition of flight radiotelephone operator licence

Omit

[3] After subsection 2

Insert

Note Definitions of some expressions used in this Order can be found in regulation 2 of CAR 1988 or the Dictionary for CASR 1998 (as provided for by subregulation 5 (2) of CAR 1988). Expressions defined in regulation 2 of CAR 1988 include (for example) agricultural operations and certificate of approval.

[4] Paragraph 3.1

Omit

with the following

Insert

with Part 61 of CASR 1998 and the following

[5] Subparagraph 3.1 (a)

Omit

4C, 4D and 5

Insert

4C and 4D

[6] Paragraph 3.1 (b)

Substitute

(b) regulation 37;

[7] Paragraph 3.1 (c)

Omit

subregulations 83 (1), (2) and (3)

Insert

subregulation 83 (1)

[8] Paragraph 5.2 (including the Note)

Substitute

5.2In spite of paragraph 5.1, a person who makes an airborne radio transmission on an aeronautical HF frequency must be authorised to transmit using an aeronautical radio under Part 61 or Part 64 of CASR 1998.

[9] Subparagraph 7.1 (l)

Substitute

(l) the radiotelephone equipment (if any) fitted to an aeroplane must not be used by a person unless the person:

(i) for transmissions on VHF frequencies only — holds a valid certificate, issued by the RAA in accordance with the RAA Operations Manual, relating to the operation of radiotelephone equipment; or

(ii) for all transmissions, but subject to paragraph 5.2 — is authorised to transmit using an aeronautical radio under Part 61 or Part 64 of CASR 1998.

[10] Subparagraphs 7.3 (d) and (e)

Substitute

(d) the aeroplane is flown by the holder of a pilot licence with an aeroplane category rating:

(i) issued under Part 61 of CASR 1998; and

(ii) that allows the holder to fly inside the controlled airspace;

(e) the pilot has a valid flight review for the class rating in accordance with Part 61 of CASR 1998;

[11] Subparagraph 7.4 (a)

Substitute

(a) the pilot in command is authorised under Part 61 of CASR 1998 to do so; and

[12] Subparagraph 8.1 (d)

Omit

, under subregulation 141 (1) of CAR 1988,

[13] Paragraph 9.5, Note

Omit

Schedule 26 Amendment to Civil Aviation Order 100.5

[1] Subparagraphs 9A.1 (a) and (b)

Substitute

(a) the pilot must be authorised under CASR 1998 to use the GNSS;

(b) the pilot must be authorised by the person responsible for continuing airworthiness of the aircraft to update the navigation system database of the GNSS of the aircraft;

Schedule 27 Repeal of Civil Aviation Orders

Part 1

Part 2