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CASA EX34/11 – Exemption — recency requirements for night flying (Network Aviation Pty Ltd)

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Instrument number CASA EX34/11
I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988).
[Signed John F. McCormick]
John F. McCormick
Director of Aviation Safety
23 March 2011
Exemption — recency requirements for night flying (Network Aviation Pty Ltd)
1          Duration
                 This instrument:
(a)   commences on the day after it is registered; and
(b)   stops having effect at the end of February 2013.
2          Application
                 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 Embraer 120 aeroplane operated by Network Aviation Pty Ltd, trading as Network Aviation Australia, Aviation Reference Number 555309 (the operator).
3          Exemption
                 A pilot in command to whom this exemption applies is exempt from compliance with paragraphs 5.109 (1) (b) and 5.170 (1) (b) of CAR 1988.
4          Conditions
                 The exemption is subject to the conditions mentioned in Schedule 1.
Schedule 1          Conditions
        1     In this Schedule:
approved type simulator means a Level B qualified flight simulator approved by CASA:
(a)   as a training device for the type of aircraft to be used in the night operation; and
(b)   for use in the tests and checks provided for in the operator’s training and checking organisation.
        2                 The operator must have a currently approved CAR 217 training and checking organisation.
        3     The pilot in command of the aeroplane must not carry out a flight to which this exemption applies, unless:
(a)   within the period of 90 days immediately before the day of the proposed flight, he or she has carried out at least 3 night take-offs and 3 night landings in an aeroplane of the same type or in an approved type simulator; or
(b)   within the period of 180 days immediately before the day of the proposed flight, he or she has completed a proficiency check:
             (i)  related to carrying out night operations; and
            (ii)  conducted in an approved type simulator.