Civil Aviation Order 40.3.0 Amendment Instrument 2012 (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2012L01043

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I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 5, subregulations 5.22 (1) and (2), and subregulation 5.23 (1) of the Civil Aviation Regulations 1988 and regulation 11.245 of the Civil Aviation Safety Regulations 1998.
[Signed John F. McCormick]
John F. McCormick
Director of Aviation Safety
10 May 2012
Civil Aviation Order 40.3.0 Amendment Instrument 2012 (No. 1)
1          Name of instrument
                 This instrument is the Civil Aviation Order 40.3.0 Amendment Instrument 2012 (No. 1).
2          Commencement
                 This instrument commences on the day after registration.
3          Amendment of Civil Aviation Order 40.3.0
                 Schedule 1 amends Civil Aviation Order 40.3.0.
Schedule 1          Amendment
[1]       After subsection 2
insert
2A       Endorsement following conversion training
    2A.1     In this subsection:
                 available, for the availability of a qualified synthetic training device (QSTD) to a person means that the QSTD:
(a)   exists in Australia or a recognised foreign State, as the case requires; and
(b)   is offered for use on a commercial basis; and
(c)   is serviceable and available to be used by the person, or reserved by the person or by an operator on behalf of the person.
                 maximum certificated passenger seating capacity means the maximum number of seats for persons (excluding flight crew and cabin crew) in an aircraft as specified in the aircraft’s type certificate data sheet.
                 passenger seating capacity means maximum certificated passenger seating capacity.
                 qualified, for a synthetic training device, means:
(a)       if the synthetic training device is available in Australia — qualified under Part 60 of CASR 1998, as applicable, for conversion training for a helicopter type; or
(b)      if the synthetic training device is only available in a recognised foreign State — approved by the national airworthiness authority (NAA) of the State for use equivalent to the use the device could be put to if it were qualified under Part 60 of CASR 1998, as applicable, for conversion training for a helicopter type.
                 recognised foreign State means a foreign State approved by CASA for this subsection and includes the following:
(a)   Canada;
(b)   Hong Kong (Special Administrative Region of China);
(c)   New Zealand;
(d)   United States of America;
(e)   the following European Aviation Safety Agency (EASA) member States:
             (i)  Belgium;
            (ii)  Czech Republic;
           (iii)  Denmark;
           (iv)  Finland;
            (v)  France;
           (vi)  Germany;
          (vii)  Ireland;
         (viii)  Italy;
           (ix)  Netherlands;
            (x)  Norway;
           (xi)  Portugal;
          (xii)  Spain;
         (xiii)  Sweden;
         (xiv)  Switzerland;
          (xv)  United Kingdom.
    2A.2     This subsection applies in relation to conversion training for any of the following:
(a)   a multi-engine helicopter with a passenger seating capacity of not less than 10, and not more than 19, seats;
(b)   a helicopter with a passenger seating capacity of not less than 20 seats.
    2A.3     Subject to paragraphs 2A.5 and 2A.6, on and from 1 April 2013, an endorsement to fly a helicopter type following conversion training for the type may only be issued if the training was conducted in a QSTD for the type.
    2A.4     In this Order, mention of helicopter use or helicopter manoeuvres, in relation to conversion training, includes use of a synthetic training device for paragraph 2A.3, and simulation of the manoeuvres by the device.
    2A.5     Paragraph 2A.3 does not apply:
(a)   for a helicopter mentioned in subparagraph 2A.2 (a) — if a qualified synthetic training device for the helicopter type is not available in Australia; and
(b)   for a helicopter mentioned in subparagraph 2A.2 (b)  — if a qualified synthetic training device for the helicopter type is not available in Australia or in a recognised foreign State.
    2A.6     Paragraph 2A.3 does not apply to the issue of a co-pilot endorsement.
2B       Conversion training to be in a synthetic training device not a helicopter
     2B.1     It is directed that, in the interests of aviation safety, on and from 1 April 2013 until 31 March 2016, conversion training for a helicopter mentioned in paragraph 2A.2 must not be conducted in a helicopter and must be conducted in a QSTD if:
(a)   for a helicopter mentioned in subparagraph 2A.2 (a) — a QSTD for the helicopter type is available in Australia; and
(b)   for a helicopter mentioned in subparagraph 2A.2 (b)  — a QSTD for the helicopter type is available in Australia or in a recognised foreign State.
     2B.2     For paragraph 2B.1:
                 available, for the availability of a QSTD to a person undergoing conversion training, means that the QSTD:
(a)   exists in Australia or a recognised foreign State, as the case requires; and
(b)   is offered for use on a commercial basis; and
(c)   is serviceable and available to the person, or an operator on behalf of the person, to reserve for his or her use.
Note 1   Subsection 2B is a direction under regulations 5 of CAR 1988 and 11.245 of CASR 1998. It is intended to ensure that conversion training is not conducted in a helicopter in the circumstances in which subsection 2B applies.
Note  2   For paragraph 11.250 (a) of CASR 1998, a day – 31 March 2016 – is specified as the day on which the direction in subsection 2B ceases to be in force. The duration of the direction may, however, be extended by amendment to CAO 40.3.0 if it is not replaced by amendment regulations to CASR 1998.