I, William Bruce Byron, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 5.14, 5.16, 5.17, 5.18 and 303 of the Civil Aviation Regulations 1988.
[Signed Bruce Byron]
Bruce Byron
Director of Aviation Safety and
   Chief Executive Officer
19 December 2008
Civil Aviation Order 40.2.1 Amendment Order (No. 1) 2008
1          Name of instrument
            This instrument is Civil Aviation Order 40.2.1 Amendment Order (No. 1) 2008.
2          Commencement
            This instrument commences on the day after it is registered.
3          Amendment of Civil Aviation Order 40.2.1
             Schedule 1 amends Civil Aviation Order 40.2.1.
Schedule 1          Amendment
[1]        Paragraph 8.2
omit
A person seeking
insert
Subject to subsections 10A and 10B, a person seeking
[2]        After subsection 10
insert
10A     Multi-crew pilot (aeroplane) — co-pilot grade of instrument rating
10A.1   A person is taken to satisfy subparagraphs 10.4.3 (b), (c) and (d) for attempting the co-pilot aeroplane instrument rating test if the test is incorporated into the multi-crew pilot (aeroplane) flight test undertaken following successful completion of a course of training mentioned in regulations 5.215 and 5.216 of the Civil Aviation Regulations 1988.
10A.2   A person is taken to satisfy subparagraphs 10.4.3 (b) and (c) for attempting the co-pilot aeroplane instrument rating test if the person:
(a)   holds, or has held, an overseas pilot licence that is at least equivalent to the multi-crew pilot (aeroplane) licence; and
(b)   holds a student pilot licence; and
(c)   the test is incorporated into the multi-crew pilot (aeroplane) flight test.
Note   Under subregulation 5.207 (4) of CAR 1988, an overseas pilot licence is equivalent to a multi-crew pilot (aeroplane) licence if it authorises the holder of the licence to fly an aeroplane as co-pilot in air transport operations, and it was issued in accordance with the standards and recommended practices mentioned in Annex 1 to the Chicago Convention.
10B     Command (multi-engine aeroplane) grade of instrument rating
            A person is taken to satisfy subparagraphs 10.4.3 (b) and (c) for attempting the command (multi-engine aeroplane) instrument rating test if the person:
(a)   holds, or has held, an overseas pilot licence that is at least equivalent to an air transport pilot (aeroplane) licence; and
(b)   has the aeronautical experience mentioned in paragraph 8.3; and
(c)   holds a student pilot licence.
10C     Incorporation of instrument rating test into multi-crew pilot (aeroplane) flight test
            For subsection 10A, the co-pilot grade of instrument rating test may be incorporated into the multi-crew pilot (aeroplane) flight test provided the requirements of both tests are satisfied in the flight test.
[3]        Appendix 1, paragraph 2.1 (f)
omit
in that aeroplane
insert
in an aeroplane, or in a synthetic flight trainer approved for the purpose