Instrument number CASA EX75/10
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
09 September 2010
Exemption —– recency requirements for night flying (Virgin Blue Airlines Pty Limited)
1          Duration
            This instrument:
(a)   commences on the day after it is registered; and
(b)   stops having effect at the end of 31 August 2012.
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 Virgin Blue Airlines Pty Limited, Aviation Reference Number 567591 (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 C or Level D 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.
electronic or visual slope guidance system means a Precision Approach Path Indicator or a Visual Approach Slope Indicator.
      2       The operator must have a currently approved CAR 217 training and checking organisation.
      3     A flight must be conducted only to an aerodrome that:
(a)   is a certified aerodrome; and
(b)   has an authorised instrument approach procedure for night operations.
      4     Subject to clause 5, 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 date of the proposed flight — he or she has carried out at least 1 night take-off and 1 night landing in an aeroplane of the same type or in an approved type simulator; and
(b)   within the period of 180 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.
      5     If clause 4 does not apply, the pilot in command of the aeroplane must have completed, within the period of 180 days immediately before the date of the proposed flight, a proficiency check:
(a)   related to carrying out night operations; and
(b)   conducted in an aeroplane of the same type or in an approved type simulator.
      6     A flight to which this exemption applies must not include a circling approach unless, within the period of 90 days immediately before the date of the flight, the pilot in command of the aeroplane has carried out at least 1 circling approach under night conditions in an aeroplane of the same type or in an approved type simulator.
      7     A flight must not be carried out to an aerodrome that does not have a serviceable electronic or visual slope guidance system unless, within the period of 180 days immediately before the date of the flight, the pilot in command of the aeroplane has conducted at least 1 approach under night conditions, without a serviceable electronic or visual slope guidance system, in an aeroplane of the same type or in an approved type simulator.
                Note   Clause 7 does not affect the operation of paragraph 5.4 of Civil Aviation Order 82.3 and paragraph 5.3 of Civil Aviation Order 82.5 in relation to the provision of electronic or visual approach slope guidance.