CASA EX01/13 - Exemption - recency requirements for night flying (Alliance Airlines Pty Limited)

Link to law: https://www.comlaw.gov.au/Details/F2013L00114

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Instrument number CASA EX01/13
I, GERARD JOHN CAMPBELL, Acting Executive Manager, Operations Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed G.J. Campbell]
Gerard J. Campbell
Acting Executive Manager
Operations Division
18 January 2013
Exemption — recency requirements for night flying (Alliance Airlines Pty Limited)
1          Duration
          This instrument:
(a)   commences on 1 February 2013; and
(b)   stops having effect at the end of 31 January 2016.
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 Alliance Airlines Pty Ltd, Aviation Reference Number 593564 (the operator).
3          Exemption
          A pilot in command 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 (CAR 1988).
4          Conditions
          The exemption is subject to the conditions mentioned in Schedule 1.
Schedule 1          Conditions
        1     In this Schedule:
approved type simulator means a Level C or Level D qualified flight simulator approved by CASA:
(a)   as a training device for the type of aircraft to be used in the night operation; and
(b)   for use in the tests and checks provided for in the operator’s training and checking organisation.
electronic or visual slope guidance system means a precision approach path indicator or visual approach slope indicator.
        2     The operator must have a currently approved CAR 217 training and checking organisation.
        3     A flight must be conducted only to an aerodrome that:
(a)   is a certified aerodrome; and
(b)   has an authorised instrument approach procedure for night operations.
        4     The pilot in command of the aeroplane must not carry out a flight to which this exemption applies, unless he or she has:
(a)   within the period of 90 days immediately before the day of the proposed flight, carried out at least 1 night take-off and 1 night landing while flying an aeroplane of the same type or in an approved type simulator; and
(b)   within the period of 180 days immediately before the day of  the proposed flight:
             (i)  carried out at least 3 night take-offs and 3 night landings while flying an aeroplane of the same type or in an approved type simulator; and
            (ii)  completed a proficiency check:
(A)  related to carrying out night operations; and
(B)   conducted in an aeroplane of the same type or in an approved type simulator.
        5     A flight to which this exemption applies must not include a circling approach unless, within the period of 90 days immediately before the day of the flight, the pilot in command of the aeroplane has carried out at least 1 circling approach under night conditions in an aeroplane of the same type or in an approved type simulator.
        6     A flight to which this exemption applies must not be carried out to an aerodrome that does not have a serviceable electronic or visual slope guidance system unless, within the period of 180 days immediately before the day of the proposed flight, the pilot in command of the aeroplane has conducted at least 1 approach under night conditions, without a serviceable electronic or visual slope guidance system, in an aeroplane of the same type or in an approved type simulator.
        7     The requirements in clause 6 do not constitute an approval under:
(a)   paragraph 5.4 of Civil Aviation Order (CAO) 82.3; or
(b)   paragraph 5.3 of CAO 82.5.