CASA EX136/11 - Exemption - CASR Part 99 DAMP requirements for CAR 30 or Part 145 organisations overseas

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Instrument number CASA EX136/11
I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed John F. McCormick]
John F. McCormick
Director of Aviation Safety
21 December 2011
Exemption — CASR Part 99 DAMP requirements for CAR 30 or Part 145 organisations overseas
1          Duration
                 This instrument:
(a)   commences on the day after registration; and
(b)   stops having effect at the end of 30 November 2012.
2          Revocation
Instrument CASA EX36/11 is revoked.
3          Application
        (1)     Subject to subsection (2), the exemption in section 4 applies to a person who:
(a)   is either:
             (i)  the holder of a certificate of approval under regulation 30 (CAR 30 CofA holder) of the Civil Aviation Regulations 1988 (CAR 1988); or
            (ii)  a Part 145 organisation; and
(b)   operates wholly or partly outside Australian territory.
        (2)     However, the exemption does not apply to a CAR 30 CofA holder or a Part 145 organisation until it has complied with the conditions mentioned in Schedule 1.
4          Exemption from DAMP requirements
                 A CAR 30 CofA holder or a Part 145 organisation is exempt from compliance with Subpart 99.B of CASR 1998 to the extent of its operations outside Australian territory.
5          Conditions
                 The exemption in section 4 is subject to the conditions mentioned in Schedule 1.
Schedule 1          Conditions
          1     The CAR 30 CofA holder or any organisation that is transitioning to a Part 145 organisation must notify CASA in writing of the measures it has in place to ensure that, in carrying out activities under its certificate of approval, none of the persons employed by, or working under an arrangement with, it is affected by:
(a)   alcohol; or
(b)   a testable drug, other than in the circumstances mentioned in clause 2.
Note   A CAR 30 CofA holder or any organisation transitioning to a Part 145 organisation, and that is operating partly inside and partly outside Australian territory, must have a DAMP for its Australian operations. It may apply its DAMP fully overseas and make no use of the exemption.  Alternatively, it may choose to comply with the exemption by including within the scope of a modified DAMP the operations that are partly outside Australian territory and notifying CASA. Alternatively, it may notify CASA of different measures.
          2     The circumstances are that:
(a)   the testable drug is in the form of medication taken under the direction and supervision of a medical practitioner registered to practice medicine in the place where the employee or contractor performs work for the CAR 30 CofA holder organisation; and
(b)   the medication is of a kind that does not affect the person’s performance of safety-sensitive aviation activities in a way that could affect the safety of air navigation.
Note   In deciding whether to renew a CAR 30 certificate of approval, CASA will, under subregulation 30 (2A) of CAR 1988 (capacity to carry out activities in a satisfactory manner), take into account an organisation’s compliance with the conditions in this exemption.

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