CASA EX162/14 - Exemption – aerial application proficiency check and operator proficiency check (head of flight operations) – aeroplanes

Link to law: https://www.comlaw.gov.au/Details/F2014L01643

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Instrument number CASA EX162/14
I, TERENCE LINDSAY FARQUHARSON, Acting Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998) and subsection 33 (3) of the Acts Interpretation Act 1901.
[Signed T. Farquharson]
Terry Farquharson
Acting Director of Aviation Safety
4 December 2014
Exemption – aerial application proficiency check and operator proficiency check (head of flight operations) – aeroplanes
1          Duration
          This instrument:
(a)   commences on the day of registration; and
(b)   expires at the end of June 2016, as if it had been repealed by another instrument.
2          Repeal
          Instrument CASA EX148/14 is repealed.
3          Application
          The instrument applies to:
(a)   an aeroplane operator who holds an air operator’s certificate (AOC) that authorises the use of the aeroplane in aerial application operations (an aerial application operator); and
(b)   the head of flight operations of an aerial application operator; and
(c)   the holder of an aerial application rating (aeroplane) issued under Part 61 of CASR 1998 or transitioned under Part 202 of CASR 1998.
Note   To avoid doubt, the head of flight operations is also known as the chief pilot.
4          Exemption
(1)     The head of flight operations and an aerial application operator are exempt from compliance with subregulation 137.240 (4) of CASR 1998.
(2)     The holder of an aerial application rating (aeroplane) is exempt from compliance with paragraph 61.1110 (2) (c) of CASR 1998 but only to the extent that the operator proficiency check may also be conducted by a head of flight operations.
Note 1   Subregulation 137.240 (4) of CASR 1998 provides that an operator proficiency check for the operator’s head of flight operations must be conducted by a flight examiner or instructor authorised under Part 61 of CASR 1998 to conduct aerial application operations.
Note 2   Paragraph 61.1110 (2) (c) of CASR 1998 provides that the holder of an aerial application rating is authorised to exercise the privileges of that rating if the holder successfully completes an operator proficiency check conducted by a flight examiner who holds an aerial application rating flight test endorsement.
4          Condition
          The exemption is subject to the condition set out in Schedule 1.
Schedule 1          Condition
               The head of flight operations conducting the check must notify CASA, in writing, of each operator proficiency check conducted of another head of flight operations in accordance with this exemption.