CASA EX59/13 - Exemption — Brindabella Airlines Pty Ltd from subregulation 217 (2) of CAR 1988 and paragraph 3.3 of CAO 82.3

Link to law: https://www.comlaw.gov.au/Details/F2013L00887

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Instrument number CASA EX59/13
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.
[Signed G.J. Campbell]
Gerard J. Campbell
Acting Executive Manager
Operations Division
30 May 2013
Exemption — Brindabella Airlines Pty Ltd from subregulation 217 (2) of CAR 1988 and paragraph 3.3 of CAO 82.3
1          Duration
                 This exemption:
(a)   commences on the day of registration; and
(b)   ceases to have effect at the end of 31 May 2014, as if it had been repealed by another instrument.
2          Application
                 This instrument applies to:
(a)   Brindabella Airlines Pty Ltd, Aviation Reference Number (ARN) 558662 (Brindabella); and
(b)   each operating crew member who was previously employed by Aeropelican Air Services, ARN 085390 (Aeropelican), and is currently a member of a Brindabella operating crew (an Aeropelican/Brindabella crew member).
3          Exemption — from subregulation 217 (2) of CAR 1988
                 Brindabella is exempt from compliance with subregulation 217 (2) of the Civil Aviation Regulations 1988 to the extent mentioned in Schedule 1.
4          Exemption — from paragraph 3.3 of CAO 82.3
                 Brindabella is exempt from compliance with paragraph 3.3 of Civil Aviation Order 82.3 to the extent mentioned in Schedule 2.
Schedule 1          Exemption from subregulation 217 (2) of CAR 1988
        1     This exemption applies so that a check carried out by Aeropelican training and checking organisation is taken to be a check carried out by the Brindabella training and checking organisation if the check was carried out on an Aeropelican/Brindabella crew member in a Jetstream J32 aircraft.
Schedule 2          Exemption from paragraph 3.3 of CAO 82.3
        1     This exemption applies in respect of an Aeropelican/Brindabella crew member.
        2     An Aeropelican/Brindabella crew member is taken to have satisfactorily completed all necessary training programs and proficiency checks that he or she is required to undertake under paragraph 3.3 to act as an operating crew member on a scheduled revenue service operated by Brindabella if:
(a)   he or she has satisfactorily completed all necessary training programs and proficiency checks conducted by the Aeropelican training and checking organisation that he or she was required to undertake under paragraph 3.3 to act as an operating crew member on a scheduled revenue service operated by Aeropelican; and
(b)   as a result, a check pilot in the Aeropelican training and checking organisation certifies that he or she was competent to act as an operating crew member employed by Aeropelican.
        3     This exemption only applies to Aeropelican/Brindabella crew members when they are engaged in operations involving Jetstream J32 aircraft.
        4     This exemption ceases to apply in relation to an Aeropelican/Brindabella crew member when he or she becomes due for a training program or proficiency check as an operating crew member for Brindabella.