CASA EX74/15 - Exemption—carriage of passengers on training flight

Link to law: https://www.comlaw.gov.au/Details/F2015L00608

Instrument number CASA EX74/15
I, GERARD JOHN CAMPBELL, Executive Manager, Operations Division, a delegate of CASA, make this instrument under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) and subsection 33 (3) of the Acts Interpretation Act 1901.
[Signed G.J. Campbell]
Gerard J. Campbell
Executive Manager
Operations Division
27 April 2015
Exemption — carriage of passengers on training flight
1          Duration
                 This instrument:
(a)   commences on 1 May 2015; and
(b)   expires at the end of April 2018, as if it had been repealed by another instrument.
2          Repeal
                 Instrument CASA EX70/12 is repealed.
3          Application
                 This instrument applies to the conduct of proficiency checks and flight tests in an aircraft that is in a category of aircraft referred to in subregulation 249 (4) of the Civil Aviation Regulations 1988 (CAR 1988) (the aircraft).
4          Exemption — relating to carriage of passengers
        (1)     This instrument exempts the pilot in command of the aircraft from compliance with subregulation 249 (1) of CAR 1988.
        (2)     The exemption only applies to the extent mentioned in Schedule 1.
5          Conditions
                 The exemption is subject to the conditions in Schedule 2.
Schedule 1          Extent of exemption
              The aircraft may carry a passenger while the pilot in command – being a check pilot, approved testing officer or flight examiner – carries out a proficiency check or flight test on another pilot.
Schedule 2          Conditions
        1     In this Schedule:
sterile cockpit procedures means any procedures requiring pilots of the aircraft to refrain from non-essential activities during critical phases of flight.
        2     The passenger must have applied for appointment as a check pilot or for the issue of a flight examiner rating under Part 61 of CASR 1998, or approval to be a check pilot to conduct proficiency checks or flight tests, and must observe the proficiency check or flight test as training for such a delegation or appointment.
        3     The pilot in command must ensure that the passenger to be carried meets 1 of the following requirements:
(a)   under the procedures in an approved training and checking manual, the passenger is required, for his or her training, to observe the conduct of a flight test or proficiency check;
(b)   CASA has approved in writing a training program for the passenger with the pilot in command as his or her mentor;
(c)   the passenger is a CASA officer who is undergoing training in connection with his or her employment to become a flight examiner or inspector.
        4     The pilot in command must ensure that the passenger:
(a)   does not in any way interfere with the conduct of the proficiency check or flight test or with communication between the pilot in command and the other pilot; and
(b)   minimises movement, noise and other distractions, and complies with any applicable sterile cockpit procedures.
        5     The passenger must not occupy a control seat.
        6     The pilot in command must take into account the effect carriage of the passenger would have on the loading, weight and balance and fuel load of the aircraft and may refuse to carry the passenger if to do so would affect the conduct of the flight.
        7     When conducting the proficiency check or flight test, the pilot in command:
(a)   must limit flight manoeuvres to those required for the proficiency check or flight test and set out in the aircraft flight manual, operations manual, pilot operating handbook or the operator’s training and checking manual; and
(b)   must ensure that emergency procedures and low-flying practice are carried out only when necessary for the proficiency check or flight test.
 
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