Instrument number CASA EX89/11
I, john francis mccormick, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.
[Signed John F. McCormick]
John F. McCormick
Director of Aviation Safety
15 August 2011
Exemption — recency requirements for night flying (Surveillance Australia Pty Ltd)
1          Duration
                 This instrument:
(a)   commences on the day after registration; and
(b)   stops having effect at the end of 31 July 2014.
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 aeroplane operated by Surveillance Australia Pty Ltd, trading as Cobham Aviation Services Pty Ltd – Special Mission, Aviation Reference Number 532345 (the operator).
3          Exemption
                 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.
4          Conditions
                 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 clause 3.
        3     Subject to clause 4, 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.