Civil Aviation Order 82.0 Amendment Instrument 2012 (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2012L01044

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I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under paragraph 28BA (1) (b) and subsection 98 (4A) of the Civil Aviation Act 1988.
[Signed John F. McCormick]
John F. McCormick
Director of Aviation Safety
10 May 2012
Civil Aviation Order 82.0 Amendment Instrument 2012 (No. 1)
1          Name of instrument
                 This instrument is the Civil Aviation Order 82.0 Amendment Instrument 2012 (No. 1).
2          Commencement
                 This instrument commences on the day after registration.
3          Amendment of Civil Aviation Order 82.0
                 Schedule 1 amends Civil Aviation Order 82.0.
Schedule 1          Amendment
[1]       After subsection 6
insert
7          Primacy of synthetic training devices in training
       7.1     In this subsection, and subsection 10:
available, for the availability of a qualified synthetic training device (QSTD) to an operator (the operator), 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 an operator to use or reserve for the operator’s use.
checking, in training and checking, means a check, approved by CASA, and described in the training and checking manual, to test the competency of a flight crew member for an aircraft type for subregulation 217 (2) of the Civil Aviation Regulations 1988 (CAR 1988).
co-pilot training means co-pilot training for subsection 8.
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.
non-normal exercise (or exercise) means an aircraft operation which involves a simulated system failure of a kind that affects, or would be likely to affect, the flying performance or handling characteristics of the aircraft beyond the parameters of normal operation.
Note   For example, CASA would consider any exercise involving the use of an emergency checklist (e.g. engine failure) or other procedure (e.g. stall recovery) to recover from a situation specified in the aircraft flight manual, to be a non-normal exercise.
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 the Civil Aviation Safety Regulations 1998 (CASR 1998) for relevant activity; 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 for relevant activity.
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.
relevant activity means any training for flight carried out by or for an operator, including training and checking, non-normal exercises and co-pilot training.
training, in training and checking, means training, approved by CASA, and described in the training and checking manual, to ensure that a flight crew member maintains his or her competency for an aircraft type for subregulation 217 (1) of CAR 1988.
       7.2     This subsection applies to an AOC authorising aerial work operations, charter operations or regular public transport operations if the AOC holder (the operator):
(a)   is required to have a training and checking organisation under regulation 217 of CAR 1988; and
(b)   under the AOC, operates:
             (i)  a multi-engine aircraft with a passenger seating capacity of at least 10 but not more than 19 seats; or
            (ii)  any aircraft with a passenger seating capacity of at least 20 seats; or
           (iii)  an aircraft, or an aircraft type, specified in, but subject to the conditions mentioned for it in, Appendix 8 of this Order.
Note 1   CASA may amend this Order to include other particular aircraft or aircraft types for which it emerges that aviation safety requires that they should be supported by training using a QSTD in accordance with this Order.
Note 2   If aviation safety requires it, CASA may opt, under paragraph 28 BB (1) (b) of the Act, to impose conditions on the AOC of a holder not otherwise covered by subsection 7, requiring the holder to use QSTDs in the same or similar circumstance to those set out in subsection 7.
       7.3     Subject to paragraph 7.4, unless CASA approves otherwise in writing on the basis of a written safety case prepared by the operator, on and from 1 April 2013, for a relevant activity:
(a)   the operator of a multi-engine aircraft with a passenger seating capacity of at least 10 but not more than 19 seats must use a QSTD for the type if one is available in Australia; and
(b)   the operator of an aircraft with a passenger seating capacity of at least 20 seats must use a QSTD for the type if one is available in Australia or in a recognised foreign State; and
(c)   the operator of an aircraft, or aircraft type, specified in Appendix 8 must use a QSTD for the aircraft or aircraft type if one is available, in accordance with the requirements of Appendix 8.
Note   Synthetic training device user approvals are issued under regulation 60.055 of CASR 1998. Where a QSTD for an aircraft type operated by an operator is available in Australia or in a recognised foreign State, the obligation is on the operator to obtain the appropriate user approval in order to avoid non-compliance with paragraph 7.3 in relation to the relevant activity.
       7.4     Paragraph 7.3 does not apply to an operator if:
(a)   the operator requires a flight crew member to conduct an aircraft operation to determine competency or gain experience; and
(b)   the operation does not involve a non-normal exercise.
8          Pilot with co-pilot endorsement
       8.1     On and from 1 April 2013, an operator to whom sub-subparagraph 10.1 (a) (i) or (ii), or subparagraph 10.1 (b) applies must not permit a pilot with a co-pilot (aeroplane) endorsement to be a flight crew member of an aeroplane unless the pilot completes, in the QSTD for the aeroplane type, training consistent with that required by paragraphs 1 (a) and 1 (d) in Appendix III of Civil Aviation Order 40.1.0.
       8.2     Paragraph 8.1 does not affect the operation of subsection 10.
9          Training and checking manuals
       9.1     An operator who is required to use a QSTD for a relevant activity under paragraph 7.3 must include in its training and checking manual details of course outlines, syllabuses and completion standards for any relevant activity in the synthetic training device.
       9.2     Paragraph 9.1 does not affect any other legislative requirements imposed on the operator in relation to the content of training and checking manuals.
Note   Appendix 2 in each of CAO 82.1, 82.3 and 82.5 also deals with the contents of a training and checking manual.
10        Mandatory training and checking in synthetic training devices
     10.1     An operator who is required to use a QSTD for a relevant activity under paragraph 7.3, must include in its training and checking manual provision for each flight crew member of an aircraft operated under its AOC to undertake, each calendar year, at least the following number of sessions of training and at least the following number of checks in a QSTD for the aircraft type:
(a)   if the QSTD for the operator’s aircraft type is available in Australia:
             (i)  for a multi-engine aircraft with a passenger seating capacity of at least 10 but not more than 19 seats — 2 sessions of training and 2 checks; and
            (ii)  for an aircraft with a passenger seating capacity of at least 20 seats — 2 sessions of training and 2 checks; and
(b)   if a QSTD for the operator’s aircraft type is only available in a recognised foreign State, then, for an aircraft with a passenger seating capacity of at least 20 seats — 2 sessions of training and 2 checks; and
(c)   if an aircraft or an aircraft type is specified in Appendix 8 of this Order — the number of sessions of training and the number of checks specified in Appendix 8 for the aircraft or the aircraft type.
Note   If aviation safety requires it, CASA may opt, under paragraph 28 BB (1) (b) of the Act, to impose conditions on the AOC of a holder not otherwise covered by subsections 7 and 10, requiring that the holder must not permit a pilot to be a member of the flight crew unless the person has completed training and checks, in a QSTD, similar to those provided for under subsection 10.
     10.2     Each session of training mentioned in paragraph 10.1 must be at intervals of not less than 4 months.
     10.3     Each check mentioned in paragraph 10.1 must be at intervals of not less than 4 months.
Note   Nothing prevents additional sessions of training or checks being conducted at intervals of less than 4 months. However any such session or check does not count towards the minimum number required under paragraph 10.1.
     10.4     Nothing in paragraph 10.2 or 10.3 prevents a session of training in a QSTD being immediately followed by a check in the same device.
     10.5     The requirements in paragraph 10.1 are shown in a simplified form in the following table for guidance only. The table is not to affect the meaning of subsection 10.

Pax seat capacity
If Australian QSTD available — sessions of training and checks
If QSTD only available overseas — sessions of training and checks

1 to 9 any aircraft
No requirement
No requirement

10 to 19 single-engine aircraft
No requirement
No requirement

10 to 19, multi-engine aircraft
2 and 2
 
No requirement

20 or more, any aircraft
2 and 2
2 and 2

     10.6     Subsection 10 does not affect any other legislative requirements imposed on the operator in relation to the use of synthetic training devices in training and checking.
Note   Appendix 2 in each of CAO 82.1, 82.3 and 82.5 also deals with training and checking for operators to whom subsection 10 may apply.
[2]       After Appendix 7
insert
            Appendix 8                                  Sub-subparagraph 7.2 (b) (iii) and subparagraph 7.3 (c)
            Requirements for use of qualified synthetic training devices for other aircraft and aircraft types
Reserved for future amendment to include other particular aircraft or aircraft types for which it emerges that aviation safety requires that they should be supported by training using a qualified synthetic training device in accordance with this Order.