Instrument number CASA EX113/12
I, PETER REGINALD FEREDAY, Executive manager, Industry Permissions Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.
[Signed P. Fereday]
Industry Permissions Division
10 July 2012
Exemption — recency requirements for night flying (Tiger Airways Australia Pty Limited)
(a) commences on 1 August 2012; and
(b) stops having effect at the end of 31 July 2015.
The instrument applies to a flight undertaken by a commercial (aeroplane) pilot or an air transport (aeroplane) pilot:
(a) at night; and
(b) as the pilot in command of an aeroplane operated by Tiger Airways Australia Pty Limited, Aviation Reference Number 766093.
A pilot to whom this exemption applies is exempt from compliance with paragraphs 5.109 (1) (b) and 5.170 (1) (b) of the Civil Aviation Regulations 1988.
The exemption is subject to the conditions mentioned in Schedule 1.
Schedule 1 Conditions
1 Subject to this Schedule, a pilot must not carry out a flight to which this instrument applies unless, within the period of 90 days immediately before the day of the proposed flight, he or she has carried out at least 3 take-offs and 3 landings at night, consisting of take-offs and landings in an aeroplane of the same type or in a flight simulator approved for aeroplanes of that type.
2 A pilot who does not meet the requirements of clause 1 must, before carrying out a flight to which this instrument applies, meet the recency requirements in either clause 3 or 6.
3 Subject to clauses 4 and 5, a pilot may carry out a flight to which this instrument applies if he or she has carried out a take-off and landing at night within the period of 30 days referred to in clause 4:
(a) under the supervision of a person holding a delegation to issue or renew ratings or conduct flight tests; and
(b) while line flying in an aeroplane of the same type or in a flight simulator approved for aeroplanes of that type.
4 Satisfaction of the recency requirement referred to in clause 3 may only be used within the period of 30 days immediately following a period of 90 days in which the pilot has failed to maintain compliance with the recency requirement mentioned in clause 1.
Note The purpose of clauses 3 and 4 is to allow a pilot a further period of 30 days in which to renew recency in accordance with clause 1.
5 A pilot who has relied on the requirement mentioned in clause 3 must, after the expiry of the period of 30 days referred to in clause 4, show compliance with the requirements of either clause 1 or 6 before carrying out a flight to which this instrument applies.
Note Clause 4 can be relied on only in order to give a pilot a chance to renew recency in accordance with clause 1. If that has not been accomplished at the end of the 30 days, then the pilot must have undergone the training referred to in clause 6 in the last 180 days in order to claim recency.
6 A pilot may carry out a flight to which this instrument applies if, in the immediately preceding 180 days and in accordance with the operator’s training and proficiency program, he or she:
(a) has carried out a training flight at night in an aeroplane of the same type; or
(b) has undergone training in a flight simulator approved for aeroplanes of that type.