Flight crew licensing (miscellaneous exemptions)

Reference number:
CASA EX66/21
Effective date:

Exemption CASA EX66/21 is made up of 12 parts:

Part 1

Part 1 of the instrument provides for the naming of the instrument, and the commencement and repeal dates of the instrument. Part 1 also contains relevant definitions for the instrument.

Part 2: Exemption – logging of time in flight for co-pilots on single-pilot certificated aircraft

This exemption was first made on 23 July 2015 as CASA EX116/15 and remade as on 1 July 2018 as CASA EX79/18.

The conditions of (CASA EX79/18) have been included in the new exemption CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021. This exemption will come into effect on 1 July 2021.

New flight crew licensing rules (Civil Aviation Safety Regulation Part 61) commenced on 1 September 2014 and introduced changes to the requirements for logging flight time as co-pilot. The changes prevent a co-pilot from logging flight time as a co-pilot unless the flight is one that the regulations state must be conducted by a co-pilot (for example regular public transport operations in a single-pilot certificated aeroplane with more than nine passengers).

As part of the flight crew licensing regulations post implementation review, CASA recognises some operators conduct flights using a co-pilot for a number of reasons, even when the regulations permit the flight to be conducted as a single-pilot operation.

The new exemption continues to allow pilots to log co-pilot flight time for flights that are not required under the regulations to be conducted as a multi-crew operation, provided the conditions specified in the exemption are satisfied. The aircraft must be equipped for multi-crew operations and the flight must be conducted as a multi-crew operation using appropriate multi-crew procedures.

The exemption expires on 31 May 2024, unless it is repealed sooner.

View the exemption (CASA EX66/21) on the Federal Register of Legislation website.

Part 3: Exemption – limitation on conduct of certain flight instruction and examination activities (occupation of flight control seat)

This exemption was first made on 3 August 2018 as CASA EX 83/18.

The conditions of CASA EX83/18 have been included in the new exemption CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021. This exemption will come into effect on 1 July 2021.

The new exemption continues to authorise flight examiners, approval holders, approved testing officers and instructors to conduct flight tests, proficiency checks and flight training from a non-control seat to a limited extent.

It allows the continued practice of conducting a flight test from a seat other than a flight control seat under certain limited conditions—removing any doubt of its legal validity.

Flight examiners, approval holders, approved testing officers and instructors are encouraged to familiarise themselves with the exemption prior to conducting any flight tests from a non-control seat, in particular the obligation to comply with Schedule 1 and EX83/18 subsections 4(2) and section 5.

The following conditions will apply:

  • if the flight examiner is the pilot in command, then they must occupy a control seat
  • for a proficiency check, the pilot occupying the control seat must be authorised under Part 61 to conduct the operation
  • the exemption only applies to instructors when conducting activities in a flight simulation training device
  • flight examiner must be able to observe the conduct of the test or check by the pilot in the control seat, be able to communicate effectively and monitor radio calls
  • the flight examiner must not manipulate any of the aircraft controls or systems that affects the operation of the aircraft.

The exemption expires on 31 May 2024, unless it is repealed sooner.

View the exemption (CASA EX66/21) on the Federal Register of Legislation website.

Part 4: Exemption - instrument proficiency checks for aircraft pilot type ratings

This exemption was first made on 17 June 2016 as CASA EX93/16 and remade as CASA EX93/18 on 1 September 2018.

The conditions of CASA EX93/18 have been included in the new exemption CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021.

The conditions of part 4 remain unchanged and will come into effect on 1 September 2021.

Under the exemption, instead of having a valid instrument proficiency check (IPC) for a pilot type rating, pilots only need to have completed an IPC in the previous 24 months that is relevant to the aircraft being flown. There are three safety criteria: whether the aircraft is type-rated, whether it is multi-crew certificated, and whether it is a turbojet aeroplane to be flown as a single-pilot operation.

The exemption does not change the annual instrument rating IPC requirement. Pilots still have to complete an annual IPC that was conducted in an aircraft of the same category, and to fly a multi-engine aircraft under the IFR, the IPC must have been done in a multi-engine aircraft of the same category.

The exemption expires on 30 June 2024, unless repealed sooner.

View the exemption (CASA EX66/21) on the Federal Register of Legislation website.

Part 5: Exemption - Part 61 of CASR aircraft flight reviews

This exemption was first made on 17 June 2016 as CASA EX97/16 and remade as CASA EX99/18 on 1 September 2018.

The The conditions of CASA EX99/18 have been included in in the new exemption CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021.

The conditions of part 5 remain unchanged and will come into effect on 1 September 2021.

It simplifies the flight review requirements, and for some pilots reduces the number of flight reviews they need to complete. Under the exemption, pilots only need to complete a flight review that was conducted in an aircraft of the same category within the previous two years. If it is a multi-engine aircraft, the flight review must have been done in a multi-engine aircraft of the same category.

The flight review rules already recognise other activities that pilots complete such as flight tests, proficiency checks and certain training, all of which satisfy the flight review requirement. The same rules apply under this exemption.

A flight review that includes training – and CASA strongly encourages pilots to include training in their flight review – must be conducted under a Part 141 or Part 142 operator as applicable. The exemption expires on 31 August 2018, unless repealed.

The exemption expires on 30 June 2024, unless it is repealed sooner.

View the exemption (CASA EX66/21) on the Federal Register of Legislation website.

Part 6: Exemption - flight examiner rating for holders of CAO 82.0 check pilot approvals

This exemption was first made on 29 October 2014 as CASA EX140/14 and remade as CASA EX106/16 on 29 June 2016. It was remade for the second time as CASAEX100/18 on 1 September 2018.

The conditions of CASA EX100/18 have been included in the new exemption CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021.

This exemption continues to authorise the holder of a CAO 82.0 check pilot approval to conduct an operator proficiency check (OPC) without having to hold a flight examiner rating. It means these check pilots can continue to conduct the proficiency checks they were authorised to conduct prior to 1 September 2014. Under the new regulations, only holders of Part 61 flight examiner ratings are authorised to conduct OPCs.

However, the check pilot is not authorised to conduct an OPC that satisfies the requirement for an instrument proficiency check, and they are not deemed to be Part 61 flight examiners. Also, their authorisation is limited to the scope of their CAO 82.0 check pilot approval. The requirement for this exemption arises from the CAO check pilot approval not being included as an old authorisation in the transition regulations in CASR Part 202 (regulation 202.261).

The exemption expires on 30 June 2024, unless it is repealed sooner.

View the exemption (CASA EX66/21) on the Federal Register of Legislation website.

Part 7: Exemption - foreign cadet pilots taking flight test for a commercial pilot licence - class 1 medical certificate

This exemption was first made on 12 September 2014 as CASA EX117/14 with a subsequent exemption made on 4 September 2015 as CASA EX156/15. It was remade as CASA EX100/18 on 1 September 2018.

The conditions of CASA EX101/18 have been in the new exemption CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021.

The exemption continues to exempt certain cadet pilots from having to hold a current class 1 medical certificate when taking their commercial pilot licence flight test.

The exemption expires on 30 June 2024, unless it is repealed sooner.

View the exemption (CASA EX66/21) on the Federal Register of Legislation website.

Part 8: Exemption - from completion of an approved course of training in multi-crew cooperation

This exemption was first made on 17 December 2015 as CASA EX192 /15. It was remade as CASA EX 225/15 on 24 December 2015 to resolve a number of issues identified in the original exemption. It was remade as CASA EX102/18 on 1 September 2018.

The conditions of CASA EX102/18 have been in the new exemption CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021.

Pilots who want to conduct multi-crew operations for the first time must have completed a course of training in multi-crew cooperation and have a multi-crew type rating. CASA has listened to feedback and recognises that these requirements are not necessary for pilots who have already completed acceptable training elsewhere.

The new exemption continues to support the introduction of the multi-crew cooperation training policy into Australia. It outlines the range of qualifications and experience CASA will recognise as meeting the multi-crew cooperation training requirements contained in Part 61 of the Civil Aviation Safety Regulations.

The exemption does the following:

  • Clarifies the exemption for former Australian Defence Force pilots who are applying for an air transport pilot licence (clause 5).
  • Removes the separate MCC training course requirement for the holders of multi-crew pilot licences, as MCC training is already included in the multi-crew pilot licence training course (clause 7).
  • Removes the reference to holding a multi-pilot type rating in clause 11 as it is not required.
  • Clarifies the provision to have successfully completed operator proficiency checks (clause 4) to be checks in multi-crew operations.
  • Allows more people to endorse the logbook and other document evidence which is required in Schedule 2 of the exemption. In addition to the head of flying operations of the relevant air operator's certificate (AOC) holder, the head of training and checking of the AOC holder and a flight examiner can endorse the records.

The exemption expires on 30 June 2024, unless it is repealed sooner.

View the exemption (CASA EX66/21) on the Federal Register of Legislation website.

Part 9: Exemption - gap training for basic instrument flight training

This exemption was first made on 16 September 2016 as CASA EX143/16 and remade as CASA EX103/18 on 1 September 2018.

The conditions of CASA EX103/18 have been in the new exemption CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021.

The new exemption continues to authorise the holders of grade 1, 2 and 3 training endorsements to conduct basic instrument flight training as long as they have undertaken the relevant gap training conducted by the holder of a grade 1 training endorsement—already authorised to conduct BIFT—at a Part 141 or Part 142 flight training operator. The flight instructor providing the gap training and the operator don't need to be authorised to conduct instructor rating training.

The exemption expires on 30 June 2024, unless it is repealed sooner.

View the exemption (CASA EX66/21) on the Federal Register of Legislation website.

Part 10: Exemption - aerial application proficiency check and operator proficiency check (head of flight operations) - aeroplanes

This exemption was first made on 5 November 2014 as CASA EX148/14, remade on 4 December 2014 as CASA EX162/14 and again as CASA EX105/16 on 29 June 2016. It was remade again as CASA 104/18 on 1 September 2018.

The conditions of CASA EX104/18 have been in the new exemption CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021.

The exemption continues to authorise the head of flight operations of a Part 137 operator, under certain conditions, to conduct the proficiency check of the head of flight operations of another Part 137 operator.

The exemption expires on 30 June 2024, unless it is repealed sooner.

View the exemption (CASA EX66/21) on the Federal Register of Legislation website.

Part 11: English language proficiency assessment exemption

Part 11 makes the English language proficiency assessment process less complex and expands the range of people who can assess English language proficiency. 

Part 11 affects:

  • student pilots
  • applicants for recreational pilot licence flight tests
  • applicants for recreational pilot licences
  • applicants for aircraft radio operator certificates (AROCs).

Part 12: Instrument rating aeronautical knowledge examination (IREX) (certain applicants for an air transport pilot licence) exemption

Part 12 applies to:

  • pilots holding an instrument rating—granted in accordance with the Trans Tasman Mutual Recognition Act 1997 (TTMRA)—applying for an ATPL(A).
  • flight examiners authorised to conduct air transport pilot licence with the aeroplane category rating ATPL(A) flight tests, permitting them to conduct the flight test for these applicants.
  • flight examiners authorised to conduct air transport pilot licence with the aeroplane category rating ATPL(A) flight tests.

View the exemption (CASA EX66/21) on the Federal Register of Legislation website.

Part 61 of CASR Flight crew licensing

Online version available at: https://www.casa.gov.au//flight-crew-licensing-miscellaneous-exemptions
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