CASA EX70/12 - Exemption - carriage of passengers on training flight

Link to law: https://www.comlaw.gov.au/Details/F2012L00994

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Instrument number CASA EX70/12
I, john francis mccormick, director of Aviation Safety, on behalf of CASA, make this instrument under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed John F. McCormick]
John F. McCormick
Director of Aviation Safety
03 May 2012
Exemption — carriage of passengers on training flight
1          Duration
                 This instrument:
(a)   commences on the day of registration; and
(b)   stops having effect at the end of 30 April 2015.
2          Application
                 This instrument applies to the conduct of proficiency checks and flight tests in an aircraft that is in a category of aircraft referred to in subregulation 249 (4) of Civil Aviation Regulations 1988 (CAR 1988) (the aircraft).
3          Exemption — relating to carriage of passengers
        (1)     This instrument exempts the pilot in command of the aircraft from compliance with subregulation 249 (1) of CAR 1988.
        (2)     The exemption only applies to the extent mentioned in Schedule 1.
4          Conditions
                 The exemption is subject to the conditions in Schedule 2.
Schedule 1          Extent of exemption
              In spite of subregulation 249 (1) of CAR 1988, the aircraft may carry a passenger while the pilot in command, as a check pilot or an approved testing officer (ATO), carries out a proficiency check or flight test on another pilot.
Schedule 2          Conditions
        1     In this Schedule:
sterile cockpit procedures means any procedures requiring pilots of the aircraft to refrain from non-essential activities during critical phases of flight.
        2     The passenger must have applied for delegation to perform the functions of a check pilot or an ATO under regulation 11.260 of CASR 1998, or approval to be a check pilot to conduct proficiency checks or flight tests, and must observe the proficiency check or flight test as training for such a delegation or appointment.
        3     The pilot in command must ensure that the passenger to be carried meets 1 of the following requirements:
(a)   under the procedures in an approved training and checking manual, the passenger is required, for his or her training, to observe the conduct of a flight test;
(b)   CASA has approved in writing a training program for the passenger with the pilot in command as his mentor;
(c)   the passenger must be a CASA inspector, or examiner, who is undergoing training in connection with his or her employment.
        4     The pilot in command must ensure that the passenger:
(a)   does not in any way interfere with the conduct of the proficiency check or flight test or with communication between the pilot in command and the other pilot; and
(b)   minimises movement, noise and other distractions, and complies with any applicable sterile cockpit procedures.
        5     The passenger must not occupy a control seat.
        6     The pilot in command must take into account the effect carriage of the passenger would have on the loading, weight and balance and fuel load of the aircraft and may refuse to carry the passenger if to do so would affect the conduct of the flight.
        7     When conducting the proficiency check or flight test, the pilot in command:
(a)   must limit flight manoeuvres to those required for the proficiency check or flight test and set out in the aircraft flight manual, operations manual, pilot operating handbook or the operator’s training and checking manual; and
(b)   must ensure that emergency procedures and low flying practice are carried out only when necessary for the proficiency check or flight test.