CASA EX186/12 - Exemption - Virgin Australia International Airlines from subregulation 217 (2) of CAR 1988 and paragraph 3.3 of CAO 82.5

Link to law: https://www.comlaw.gov.au/Details/F2012L02427

Instrument number CASA EX186/12
I, GERARD JOHN CAMPBELL, Acting Executive Manager, Operations Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed G.J. Campbell]
Gerard J. Campbell
Acting Executive Manager
Operations Division
10 December 2012
Exemption — Virgin Australia International Airlines from subregulation 217 (2) of CAR 1988 and paragraph 3.3 of CAO 82.5
1          Duration
                 This instrument:
(a)   commences on the day after registration; and
(b)   stops have effect at the end of 30 June 2013.
2          Subregulation 217 (2) exemption
                 Virgin Australia International Airlines Pty Ltd, Aviation Reference Number 768593 (VAIA), is exempt from compliance with subregulation 217 (2) of the Civil Aviation Regulations 1988 to the extent mentioned in Schedule 1.
3          CAO 82.5, paragraph 3.3 exemption
                 VAIA is exempt from compliance with paragraph 3.3 of Civil Aviation Order 82.5 (paragraph 3.3) to the extent mentioned in Schedule 2.
Schedule 1          Exemption from subregulation 217 (2)
        1     This exemption applies so that a check carried out by the Virgin Australia Airlines Pty Ltd, Aviation Reference Number 567591 (VAA), training and checking organisation in the period from and including the date of commencement up to and including 30 June 2013 (the duration of the exemption) is taken to be a check carried out by the VAIA training and checking organisation if the check:
(a)   was carried out on a VAA operating crew member, who was subsequently employed by VAIA, and is currently a member of a VAIA operating crew (a VAA/VAIA crew member); and
(b)   was carried out to test the competency of the crew member in operations carried out to and from Denpasar in Boeing 737 NG aircraft.
        2     Subject to clause 3, this exemption also applies so that a proficiency check carried out on a VAA/VAIA crew member by the VAA training and checking organisation in a synthetic flight trainer during the duration of the exemption is taken to be a proficiency check carried out by the VAIA training and checking organisation, if the crew member is engaged in B737 NG Denpasar operations.
        3     The VAIA training and checking organisation must ensure that it carries out a proficiency check on all VAA/VAIA crew members, in a synthetic flight trainer, not later than 4 months after 30 June 2013.
Schedule 2          Exemption from paragraph 3.3
        1     This exemption applies in respect of a VAA/VAIA crew member.
        2     During the duration of the instrument, and to the extent mentioned in clause 4, a VAA/VAIA crew member is taken to have satisfactorily completed all necessary training programs and proficiency checks that he or she is required to undertake under paragraph 3.3 to act as an operating crew member on a scheduled revenue service operated by VAIA if:
(a)   he or she has satisfactorily completed, or satisfactorily completes, all necessary training programs and proficiency checks conducted by the VAA training and checking organisation that he or she would be required to undertake under paragraph 3.3 to act as an operating crew member on a scheduled revenue service operated by VAA; and
(b)   as a result, a check pilot in the VAA training and checking organisation certifies that he or she would be competent to act as an operating crew member employed by VAA.
        3     This exemption only applies to VAA/VAIA crew members when they are engaged in operations carried out to and from Denpasar in Boeing 737 NG aircraft operated by VAIA.
        4     This exemption ceases to apply in relation to a VAA/VAIA crew member when he or she becomes due for a training program or proficiency check, after the expiry of this exemption, as an operating crew member for VAIA.
        5     VAIA must comply with paragraph 3.3 in relation to an operating crew member referred to in clause 4.
 
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