CASA EX90/13 - Exemption — recency requirements for night flying (Virgin Australia Airlines Pty Ltd)

Link to law: https://www.comlaw.gov.au/Details/F2013L01628

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Instrument number CASA EX90/13
I, GERARD JOHN CAMPBELL, Executive Manager, Operations Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 and subsection 33 (3) of the Acts Interpretation Act 1901.
[Signed G.J. Campbell]
Gerard J. Campbell
Executive Manager
Operations Division
20 August 2013
Exemption — recency requirements for night flying (Virgin Australia Airlines Pty Ltd)
1          Duration
                 This instrument:
(a)   commences on the day of registration; and
(b)   stops having effect at the end of 31 August 2014, as if it had been repealed by another instrument.
2          Revocation
                 Instrument CASA EX147/12 is revoked.
3          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 Virgin Australia Airlines Pty Ltd, Aviation Reference Number 567591 (the operator).
4          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).
5          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 a 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:
(a)   within the period of 90 days immediately before the date of the proposed flight — he or she has carried out at least 1 night take-off and 1 night landing in 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 — he or she has carried out at least 3 night take-offs and 3 night landings in an aeroplane of the same type or in an approved type simulator.
        5     In addition to the requirements of clause 4, the pilot in command of the aeroplane must have completed, within the period of 180 days immediately before the date of the proposed flight, 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.
        6     A flight, to which this exemption applies, must not include a circling approach unless, within the period of 90 days immediately before the date 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.
        7     A flight 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 date of the 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.
Note   Clause 7 does not affect the operation of paragraph 5.4 of Civil Aviation Order (CAO) 82.3 and paragraph 5.3 of CAO 82.5 in relation to the provision of electronic or visual approach slope guidance.