CASA EX65/14 - Exemption — recency requirements for night flying (Qantas Airways Limited)

Link to law: https://www.comlaw.gov.au/Details/F2014L01050

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Instrument number CASA EX65/14
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).
[Signed G.J. Campbell]
Gerard J. Campbell
Executive Manager
Operations Division
25 July 2014
Exemption — recency requirements for night flying (Qantas Airways Limited)
1          Duration
                 This instrument:
(a)   commences on 1 August 2014; and
(b)   expires at the end of July 2017, as if it had been repealed by another instrument.
2          Application
                 The instrument applies to a flight undertaken by a commercial (aeroplane) pilot or an air transport (aeroplane) pilot:
(a)   at night; and
(b)   as the pilot in command of an aeroplane operated by Qantas Airways Limited, Aviation Reference Number 216147.
3          Exemption
                 A pilot to whom this exemption applies is exempt from compliance with paragraphs 5.109 (1) (b) and 5.170 (1) (b) of the Civil Aviation Regulations 1988.
4          Conditions
                 The exemption is subject to the conditions mentioned in Schedule 1.
Schedule 1          Conditions
        1     Subject to this Schedule, a pilot must not carry out a flight to which this instrument applies unless, within the period of 90 days immediately before the day of the proposed flight, he or she has carried out at least 3 take-offs and 3 landings at night, consisting of take-offs and landings in an aeroplane of the same type or in a flight simulator approved for aeroplanes of that type.
        2     A pilot who does not meet the recency requirements of clause 1 must, before carrying out a flight to which this instrument applies, meet the recency requirements in either clause 3 or 6.
        3     Subject to clauses 4 and 5, a pilot may carry out a flight to which this instrument applies if he or she has carried out a take-off and landing at night within the period of 30 days referred to in clause 4:
(a)   under the supervision of a person holding a delegation to issue or renew ratings or conduct flight tests; and
(b)   while line flying in an aeroplane of the same type or in a flight simulator approved for aeroplanes of that type.
        4     Satisfaction of the recency requirements referred to in clause 3 may only be used within the period of 30 days immediately following a period of 90 days in which the pilot has failed to maintain compliance with the recency requirements mentioned in clause 1.
Note   The purpose of clauses 3 and 4 is to allow a pilot a further period of 30 days in which to renew recency in accordance with clause 1.
        5     A pilot who has relied on the recency requirements mentioned in clause 3 must, after the expiry of the period of 30 days referred to in clause 4, show compliance with the recency requirements of either clause 1 or 6 before carrying out a flight to which this instrument applies.
Note   Clause 4 can be relied on only in order to give a pilot a chance to renew recency in accordance with clause 1. If that has not been accomplished at the end of the 30 days, then the pilot must have undergone the training referred to in clause 6 in the last 180 days in order to claim recency.
        6     A pilot may carry out a flight to which this instrument applies if, in the immediately preceding 180 days and in accordance with the operator’s CASA approved cyclic training program, he or she:
(a)   has carried out a training flight at night in an aeroplane of the same type; or
(b)   has undergone equivalent training in a flight simulator approved for aeroplanes of that type.