CASA EX116/13 - Exemption — instrument rating flight tests in a synthetic flight training device

Link to law: https://www.comlaw.gov.au/Details/F2013L01869

Instrument number CASA EX116/13
I, PETER WILLIAM BOYD, Executive Manager, Standards Divisions, a delegate 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 P. Boyd]
Peter Boyd
Executive Manager
Standards Division
29 October 2013
Exemption — instrument rating flight tests in a synthetic flight training device
1          Duration
                 This instrument:
(a)   commences on the day of registration; and
(b)   expires at the end of 3 December 2013, as if it had been repealed by another instrument.
2          Revocation
                 Instrument CASA EX68/11 is revoked.
3          Application
        (1)     This exemption applies to a person (the applicant) who, as the holder of a commercial pilot (aeroplane), or commercial pilot (helicopter), licence or an air transport pilot (aeroplane), or air transport pilot (helicopter) licence, has undergone an instrument rating flight test in an approved SFTD for a purpose referred to in subsection (2).
        (2)     The flight test must be a flight test:
(a)     for the renewal of a grade of instrument rating that has lapsed for a period of more than 12 months and, subject to subsection (3), for not more than 24 months; or
(b)     if the applicant holds a current foreign instrument rating or Australian Defence Force instrument rating, not being a rating issued by the Defence Force of any other country — for the initial issue of a grade of instrument rating equivalent to the rating held by the applicant;
                 being a flight test that would otherwise have to be taken in an aircraft, in accordance with Civil Aviation Order 40.2.1 (CAO 40.2.1).
        (3)     The limit of 24 months does not apply if, during that period:
(a)   the applicant was engaged in operations requiring him or her to hold an equivalent rating, being:
             (i)  an overseas authorisation equivalent to the grade of instrument rating to be renewed; or
            (ii)  an equivalent Australian Defence Force instrument rating; and
(b)   one of the following applies:
             (i)  the period or aggregate periods of time during which the applicant was engaged in those operations is not less than a period of time equal to P ‑ 24, where P is the total period of non-renewal expressed in months and days;
            (ii)  any period or periods of time during which the applicant held neither the lapsed rating nor an equivalent rating does not exceed 24 months.
4          Definition
                 In this exemption:
approved SFTD means a synthetic flight training device that has a current approval:
(a)   issued under Part 60 of CASR 1998 for use as a category C or category D full flight simulator; and
(b)   that permitted it to be used for the flight test undertaken by the applicant.
5          Exemption
                 The applicant is exempt from paragraphs 5.14 (2) (a) and 5.14 (3) (b) of the Civil Aviation Regulations 1988 (CAR 1988) to the extent set out in Schedule 1.
Schedule 1          Extent of exemption
        1     The applicant is exempt from paragraphs 5.14 (2) (a) and 5.14 (3) (b) of CAR 1988 to enable the renewal, or initial issue, of an instrument rating, if the applicant has successfully undergone, in an approved SFTD, the flight test required for a purpose referred to in paragraph 3 (2) (a) or (b) of this exemption.
        2     The applicant is also exempt from sections 2 and 4 of Appendix I to CAO 40.2.1, and from Appendix II to that Order, to the extent that those sections and that Appendix may otherwise prohibit the use of the approved SFTD, instead of an aircraft, for renewing, or obtaining the initial issue of, that instrument rating.
 
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