History

3 Mar 2006

New rulechange projects

Project OS 06/05 titled Provide for an approved person to conduct flight tests in relation to a flight crew rating has been registered.

Project OS 06/05
Provide for an approved person to conduct flight tests in relation to a flight crew rating

Purpose/Objectives

Virtually all of the requirements and conditions governing the nature, form, substance, content and processes for the administration of flight tests for the issue of a Command Instrument Rating (CIR) may be — and to a great extent, are — provided for in Civil Aviation Orders.

However, the actual conduct of the flight test is provided for in the regulations themselves which specify that 'CASA may conduct the flight tests required' by and in the Civil Aviation Orders in relation to a flight crew rating or grade of flight crew rating — see CAR 5.19(3). In the absence of a delegation under CAR 5.19(3), no person may be approved exclusively under CAO 40.2.1 to conduct CIR flight tests for the purposes of the regulations.

CAR 5.21 permits CASA to approve a person to conduct conversion training. CASA has the authority through CAR 217 to ensure the adequacy of training and operator oversight to ensure the applicant will demonstrate a safe standard. CASA has appropriate processes in place to ensure safe outcomes of all activities within CAR 217 organisations, without the need to duplicate this oversight by issuing delegations to individuals within those organisations.

Given that

• CAR 5.19(3) expressly provides for CASA (and perforce, only CASA) to conduct flight tests in relation to a flight crew rating, or grade of flight crew rating, that are required by the Civil Aviation Orders; and
• conversion training requires the same level of capability by the applicant as required to conduct a flight test for the purposes of issue of a flight crew rating under CAR 5.19;

the process should be the same, both for a seamless process within CASA and for the benefit of the aviation community.

This project sets out to consider amending CAR 1988 5.19(3) to include 'an approved person' for CAR 217 training and checking organisations. The revised wording is expected to provide the flexibility and improved processes necessary to accommodate general aviation and CAR 217 organisations. The proposed amendment would take the following form (subject to legal drafting by the Attorney General's Office of Legislative Drafting and Publishing):

CAR 1988 5.19 (3) may conduct, or approve persons to conduct, the flight tests in relation to a flight crew rating, or grade of flight crew rating, that are required by the Civil Aviation Orders.

Rules affected

CAR 5.19 (3) - Flight crew rating — flight tests

Project management

Project Leader: David Yeomans
Project Sponsor: Rob Graham Acting GGM ATOG