CASA EX68/12 - Exemption - from holding a class 2 medical certificate

Link to law: https://www.comlaw.gov.au/Details/F2012L01492

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Instrument number CASA EX68/12
I, terence lindsay farquharson, Acting 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 T. Farquharson]
Terry Farquharson
Acting Director of Aviation Safety
29 June 2012
Exemption — from holding a class 2 medical certificate
1          Duration
                 This instrument:
(a)   commences on the day after registration; and
Note   But see section 5 below under which the exemption does not apply to an eligible person until he or she has registered with CASA.
(b)   stops having effect at the end of 31 May 2015.
2          Definitions
        (1)     In this instrument:
acrobatic flight has the same meaning as in subregulation 2 (1) of the Civil Aviation Regulations 1988 (CAR 1988).
Note   Subregulation 2 (1) of CAR 1988 provides that acrobatic flight means manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed.
Austroads standards means the medical standards for the issue of an unconditional private motor vehicle driver’s licence medical certificate, as contained in the Austroads Inc. publication Assessing fitness to drive for commercial and private vehicle drivers: medical standards for licensing and clinical management guidelines, March 2012, or a later version as in force from time to time.
aviation fitness standards means the Austroads standards as modified by the additional standards set out in Schedule 2.
designated, for a CASA online portal under this instrument, means identified on the CASA website.
DL medical certificate (aviation) or driver’s licence medical certificate (aviation) means a medical certificate that:
(a)   if it were issued for the purposes of driving a motor vehicle, would qualify a person, in accordance with the Austroads standards, for an unconditional licence to drive a private motor vehicle in Australia; and
(b)   is issued to the person in an Australian State or Territory by a registered medical practitioner in compliance with the modifications of the Austroads standards mentioned in the definition of aviation fitness standards; and
(c)   is issued for a period not exceeding:
             (i)  for a person aged under 65 years — 2 years; and
            (ii)  for a person aged 65 years or over — 1 year; and
(d)   is in the form set out in Schedule 3.
Note   Aviation fitness standards is defined above in terms of the relevant Austroads Inc. publication standards, as modified by the additional standards set out in Schedule 2.
eligible operation means a day V.F.R. operation in Australia in an aircraft that is not:
(a)   rocket-powered or turbine-powered; or
(b)   a multi-engine aircraft; or
(c)   greater than 1 500 kg maximum take-off weight (MTOW).
eligible person means a person who is 1 or more of the following:
(a)   the holder of a private pilot licence, a commercial pilot licence or an air transport pilot licence, issued by CASA;
(b)   the holder of a student pilot licence issued by CASA;
(c)   the holder of a flight radiotelephone licence issued by CASA.
excluded person means a person who fails to meet the aviation fitness standards for a DL medical certificate (aviation) (other than for a reason mentioned in subsection (2)).
Note 1   Aviation fitness standards is defined above in terms of the relevant Austroads Inc. publication, as modified by the additional standards set out in Schedule 2.
Note 2   Subsection 2 (2) relates to the normal use of standard prescribed refractive corrective lenses.
FROL means a flight radiotelephone operator licence.
qualifying passenger means a passenger who, before boarding an aircraft for the purpose of being a passenger in a flight with the eligible person as pilot in command, has been told by the eligible person that:
(a)   he or she holds a current DL medical certificate (aviation); and
(b)   a DL medical certificate (aviation) is of a lower medical standard than a class 1 or class 2 medical certificate required by a pilot under CAR 1988; and
(c)   he or she is acting under a CASA exemption from the requirement to hold a class 1 or class 2 medical certificate; and
(d)   the exemption imposes conditions with which he or she complies for the flight.
registered medical practitioner means a qualified medical practitioner registered as such according to the law of the State or Territory in which he or she practices as a medical practitioner.
restricted, for a flight test or assessment of an eligible person, means conducted within the limitations required of the eligible person by the conditions of this instrument.
        (2)     If:
(a)   apart from this provision, a person would fail to qualify for a DL medical certificate (aviation); and
(b)   the only medical condition causing such a failure would relate solely to the person’s ophthalmic condition for which the normal use of prescribed refractive corrective lenses is the only medical requirement;
                 then, for the purposes of this exemption, a DL medical certificate (aviation) may be issued to the person as if he or she had not failed to qualify, provided:
(c)   the person’s visual acuity is corrected by his or her lenses to at least 6/12 in 1 eye and at least 6/18 in the other eye; and
(d)   the certificate is ticked by the registered medical practitioner to show that the following condition applies: “The patient must wear corrective lenses at all times when using this certificate for aviation purposes.”.
        (3)     In this instrument, a reference to:
(a)   a DL medical certificate (aviation) required for registration; or
(b)   a DL medical certificate (aviation) required for re-registration;
                 means a certificate issued by a registered medical practitioner in the accordance with Form 166C in Schedule 3.
3          Application — eligible operations by eligible persons
                 This instrument applies only in respect of an eligible operation by an eligible person who is not an excluded person.
Note   Therefore, under this exemption, the holder of a commercial pilot licence or an air transport pilot licence may exercise only the relevant privileges of a private pilot as conferred by the holding of the commercial pilot licence or the air transport pilot licence.
4          When the exemption starts to apply to an eligible person
        (1)     This instrument does not apply to an eligible person until the person has:
(a)   registered on the CASA online portal designated for this purpose the following:
             (i)  the signed and dated Driver Licence Medical Questionnaire (Aviation) ;
            (ii)  the signed and dated Medical Practitioner Clinical Examination Proforma;
           (iii)  the signed and dated DL medical certificate (aviation);
           (iv)  the eligible person’s declaration of intent to be bound by the conditions of the exemption on and from the date of registration; and
(b)      received a CASA acknowledgment of registration.
Note   The designated CASA online portal will also provide the eligible person with an automatic acknowledgement of registration, a copy of which must be shown to any relevant ATO or CFI — see subsections 8 (2) and 9 (2).
5          Application — eligible ATO
                 This instrument applies to an approved testing officer in Australia (an eligible ATO) conducting a flight test under subregulation 5.07 (2) of CAR 1988 for the issue of a private pilot licence to a person who is not the holder of a class 1 or class 2 medical certificate.
Note   There is no requirement for an eligible ATO to register with CASA.
6          Application — eligible CFI
        (1)     This instrument applies to a chief flying instructor in Australia (an eligible CFI) conducting an assessment of a person under subregulation 5.07 (3) of CAR 1988 for a determination under subregulation 5.83 (2) of CAR 1988 when the person is not the holder of a class 1 or class 2 medical certificate.
Note   There is no requirement for an eligible CFI to register with CASA.
        (2)     For subsection (1), the assessment and determination must be for an eligible operation only.
7          Exemption — eligible person
        (1)     An eligible person is exempt from compliance with:
(a)       subregulation 5.04 (1) of CAR 1988 — to the extent of the requirement that the person must hold a class 1 or class 2 medical certificate for performing a duty authorised by:
             (i)  a private pilot licence; or
            (ii)  a commercial pilot licence or an air transport pilot licence for the exercise of the privileges of a private pilot as conferred by holding a commercial pilot, or air transport pilot, licence; or
           (iii)  a student pilot licence; or
           (iv)  a FROL; and
(b)      subregulation 5.07 (1) of CAR 1988 — to the extent of the requirement that the person must hold a class 1 or class 2 medical certificate before attempting a flight test or undertaking an assessment mentioned in paragraph 5.07 (1) (a) or (b).
        (2)     The exemption in subsection (1) is subject to the conditions mentioned in Schedule 1.
Note   Unless all conditions of the exemption have been complied with, a person may not fly, or continue to fly, under the exemption. Any flight not under the exemption would require a class 1 or class 2 medical certificate.
8          Exemption — eligible ATO
        (1)     An eligible ATO is exempt from compliance with paragraph 5.07 (2) (a) of CAR 1988.
        (2)     To qualify for the exemption, the eligible ATO must:
(a)   sight a copy of the eligible person’s current:
             (i)  DL medical certificate (aviation); and
            (ii)  acknowledgment of registration or re-registration; and
(b)   ensure that the flight test is restricted.
9          Exemption — eligible CFI
        (1)     An eligible CFI is exempt from compliance with paragraph 5.07 (3) (a) of CAR 1988.
        (2)     To qualify for the exemption, the eligible CFI must:
(a)   sight a copy of the eligible person’s current:
             (i)  DL medical certificate (aviation); and
            (ii)  acknowledgment of registration or re-registration; and
(b)   ensure that the assessment is restricted.
Schedule 1          Conditions — eligible persons
Note   Failure to comply with a condition renders the exemption inoperative for an eligible person and he or she is then subject to the normal regulatory requirements of CAR 1988 in respect of holding a class 1 or class 2 medical certificate.
Renewal
          1     The eligible person may renew his or her DL medical certificate (aviation) (the expiring certificate) before it expires.
Re-registration
          2     A renewed DL medical certificate (aviation) does not apply to an eligible person until the person has:
(a)   registered on the CASA online portal designated for this purpose the following documents relating to the renewal:
             (i)  the signed and dated Driver Licence Medical Questionnaire (Aviation);
            (ii)  the signed and dated Medical Practitioner Clinical Examination Proforma;
           (iii)  the signed and dated DL medical certificate (aviation);
           (iv)  the eligible person’s declaration of intent to be bound by the conditions of the exemption on and from the date of registration; and
(b)      received a CASA acknowledgment of registration.
Note 1   A renewed certificate may not be issued by a registered medical practitioner to a person unless he or she re-examines the person using the DL medical questionnaire (aviation), the Medical Practitioner Clinical Examination Pro Forma, and CASA’s Guidance to GPs.
Note 2   The designated CASA online portal will also provide the eligible person with an automatic acknowledgement of re-registration, a copy of which must be sighted by any relevant ATO or CFI — see subsections 8 (2) and 9 (2).
Exemption inapplicable for failure to renew or re-register
          3     If the eligible person fails to renew and re-register in accordance with clauses 1 and 2, the exemption under section 7 ceases to apply to the person until the person completes renewal of the DL medical certificate (aviation) and re‑registration.
Production of DL medical certificate (aviation)
          4     An eligible person must produce:
(a)   his or her current DL medical certificate (aviation) in accordance with the requirements of regulation 5.56 of CAR 1988 as if the DL medical certificate (aviation) were a class 1 or class 2 medical certificate; and
(b)   when paragraph (a) applies — also his or her CASA acknowledgment of registration or re-registration.
Ceasing to meet aviation fitness standards
          5     If at any time and for any reason clause 6 applies to an eligible person, the person must immediately, or if in flight as soon as practicable, cease to exercise the privileges of whichever of the following applies, namely, his or her:
(a)   private pilot licence;
(b)   commercial pilot licence or air transport pilot licence for the exercise of the privileges of a private pilot as conferred by holding a commercial pilot licence or an air transport pilot licence;
(c)   student pilot licence;
(d)   FROL.
          6     For clause 5, this clause applies to an eligible person, despite the person holding a current DL medical certificate (aviation), if:
(a)   the person ceases to meet the aviation fitness standards for his or her current DL medical certificate (aviation); or
(b)   the person has reasonable grounds to believe that he or she has ceased to meet the aviation fitness standards for his or her current DL medical certificate (aviation); or
(c)   the person’s registered medical practitioner reasonably believes that the person has ceased to meet the aviation fitness standards for his or her current DL medical certificate (aviation) and informs the person of this; or
(d)   CASA reasonably considers that the person has ceased to meet the aviation fitness standards for his or her current DL medical certificate (aviation) and informs the person of this.
Exemption no longer applies following ceasing to meet aviation fitness standards
          7     If at any time, and for any reason, clause 6 applies to an eligible person, the exemption under section 7 is inapplicable to the person.
Resumption of exemption following ceasing to meet aviation fitness standards
          8     If the application of this exemption ceases to apply to an eligible person because of clause 6, the exemption resumes its application to the person if he or she complies with clause 9.
          9     For clause 8, the eligible person must:
(a)   report his or her medical condition to:
             (i)  the registered medical practitioner who issued the DL medical certificate (aviation); or
            (ii)  if that medical practitioner is not reasonably available — another registered medical practitioner; or
           (iii)  if paragraph 6 (d) applies — a registered medical practitioner nominated by CASA; and
(b)   be re-assessed by the medical practitioner for a DL medical certificate (aviation); and
(c)   be considered by the medical practitioner to meet the aviation fitness standards for a DL medical certificate (aviation); and
(d)   if the medical practitioner issues a new DL medical certificate (aviation) — re-register with CASA as if clause 2 (Re-registration) applies.
Note   If the medical practitioner considers that the person meets the aviation fitness standards and does not issue a new DL medical certificate (aviation), the person’s existing DL medical certificate (aviation) remains valid until its expiry date, or until again affected by clause 6.
If no resumption, the eligible person must notify CASA
        10     If:
(a)   the application of this exemption ceases to apply to an eligible person because of clause 6; and
(b)   the exemption does not resume its application to the person because he or she is not considered by a registered medical practitioner to meet the aviation fitness standards for a DL medical certificate (aviation);
                 then, the person must notify CASA, on the CASA online portal designated for this purpose, that he or she no longer holds a DL medical certificate (aviation).
Note   Such notification is important for aviation safety purposes. It is an important indication to CASA of willingness to comply with conditions should the person subsequently be considered by a registered medical practitioner to meet the aviation fitness standards for a DL medical certificate (aviation).
Restriction on use of airspace
        11     Subject to clause 12, an eligible person holding a DL medical certificate (aviation) must not operate an aircraft as pilot in command in any airspace above 10 000 ft AMSL.
        12     Clause 11 does not apply if a control seat on the aircraft is occupied by an appropriately licensed pilot with a current class 1 or class 2 medical certificate.
Restriction on carriage of passengers
        13     Subject to clause 14, an eligible person holding a DL medical certificate (aviation) must not operate an aircraft with more than 1 passenger on board, and that passenger must be a qualifying passenger.
        14     Clause 13 does not apply if a control seat on the aircraft is occupied by an appropriately licensed pilot with a current class 1 or class 2 medical certificate.
Restriction on acrobatic flight
        15     Subject to clause 16, an eligible person holding a DL medical certificate (aviation) must not operate an aircraft in acrobatic flight.
        16     Clause 15 does not apply if:
(a)   a control seat on the aircraft is occupied by an appropriately licensed and endorsed pilot with a current class 1 or class 2 medical certificate; and
(b)   the eligible person’s licence is also endorsed for acrobatic flight.
Duty of full health and medical disclosure
        17     At the time a registered medical practitioner is performing the clinical examination for issue of a DL medical certificate (aviation), the eligible person must make full disclosure of the following health matters existing at the time of the examination, and whether or not the matters are covered by the Driver Licence Medical Questionnaire (Aviation) in CASA’s guidance to GPs:
(a)   the state of his or her health generally;
(b)   the medical conditions, or symptoms of possible medical conditions, of which he or she is aware (if any);
(c)   the medical treatment (if any) he or she is receiving, or was receiving during the 2 years before the examination;
(d)   the medications (if any) that he or she is using, or was using during the 2 years before the examination;
(e)   any change in health, medical conditions, symptomology or medications (if any) since last attending a registered medical practitioner.
Schedule 2          Modifications to the Austroads standards
Additional standards which exclude persons with certain medical conditions from issue of a DL medical certificate (aviation)
          1     Despite anything in the Austroads standards, any 1 or more of the medical circumstances mentioned in clause 2 disqualifies a person in those circumstances from receiving a DL medical certificate (aviation) for this exemption.
          2     The medical circumstances are:
(a)   subject to clause 3 — a history of cancer (other than brain cancer) within the 5 years immediately before the medical assessment for the DL medical certificate (aviation) (the assessment);
(b)   a history of ECG changes, with or without symptoms;
(c)   subject to clause 4 — a history of heart failure;
(d)   at the time of the assessment — inability to hear a conversational speaking voice at a distance of 2 metres, whether unaided or with the assistance of a medically prescribed hearing aid;
(e)   any musculoskeletal disability, disorder or disease of the bones, joints, muscles or tendons, which would limit or restrict the normal manipulation of aircraft controls, or would require physical modifications to the aircraft to enable appropriate manipulation of the controls;
(f)    a history of transient ischaemic attack;
(g)   a history of multiple sclerosis, cerebral palsy or Parkinson’s disease;
(h)   subject to clause 5 — a history of non-trivial head injury;
(i)    a history of renal colic or calculi;
(j)    for vestibular disorders — active vertigo or a history of benign paroxysmal positional vertigo (BPPV).
          3     For paragraph 2 (a), a history of cancer (other than brain cancer) for a person does not include a history of basal cell skin cancers provided:
(a)   each basal cell skin cancer has been treated by excision with no metastasized sequelae; and
(b)   since at least the last occurrence of a basal cell skin cancer, the person has been under active and continuous case management by:
             (i)  a registered medical practitioner who is a specialist oncology physician or surgeon; and
            (ii)  1 of the following:
(A)    the same registered medical practitioner (the treating GP) in a professional medical practice;
(B)    a registered medical practitioner in the professional medical practice with the treating GP (a colleague GP);
(C)    if the treating GP and the colleague GP are no longer in the medical practice — a successor registered medical practitioner in the treating GP’s former medical practice; and
(c)   the assessment for the DL medical certificate (aviation) is carried out by the treating GP or, if he or she is not available, by a registered medical practitioner mentioned in sub-subparagraph (b) (ii) (B) or (C).
          4     For paragraph 2 (c), a history of heart failure for a person does not include a history in which the person meets all of the following requirements:
(a)   the person has not had an episode of heart failure for at least 3 years at the time of the assessment;
(b)   since at least the last episode of heart failure, the person has been under active and continuous case management by:
             (i)  a registered medical practitioner who is a specialist cardiovascular physician or surgeon; and
            (ii)  1 of the following:
(A)    the same registered medical practitioner (the treating GP) in a professional medical practice;
(B)    a registered medical practitioner in the professional medical practice with the treating GP (a colleague GP);
(C)    if the treating GP and the colleague GP are no longer in the medical practice — a successor registered medical practitioner in the treating GP’s former medical practice;
(c)   the assessment for the DL medical certificate (aviation) is carried out by the treating GP or, if he or she is not available, by a registered medical practitioner mentioned in sub-subparagraph (b) (ii) (B) or (C).
          5     For paragraph 2 (h), non-trivial, for a person’s head injury, means that the person has suffered 1 or more of the following in relation to a head injury:
(a)       loss of consciousness;
(b)      post-traumatic amnesia;
(c)       abnormal findings on head CT or MRI investigation.
          6     The presence or absence of each medical circumstance mentioned in clause 2 must be expressly determined by the registered medical practitioner who assesses the eligible person for the issue of a DL medical certificate (aviation).
Note 1   The objective presence of 1 or more of the medical circumstances mentioned in clause 2 disqualifies a person from eligibility to hold a DL medical certificate (aviation) — including if the certificate is issued in error. It is, therefore, essential for the person to make full disclosure to the registered medical practitioner, and for the medical practitioner to refer to CASA’s Guidance for GPs Assessing Persons for a Driver’s Licence Medical Certificate (Aviation), available on the CASA website un der the Aviation Medicals section.
Note 2   A DL medical certificate (aviation), issued in non-compliance with the aviation fitness standards, would be invalid for the exemption and the exemption would, therefore, be inoperative.