Instruments and CAOs to support flight operations rules

Date published: 1 December 2021

Date:
Light sport aircraft on runway

We are in the process of making, updating, or repealing a series of instruments and Civil Aviation Orders to support the commencement of flight operations rules on 2 December. None of the instruments impose additional requirements on the aviation community. They either correct errors, clarify the original intent of provisions, provide relief in response to industry requests, or remove (repeal) unneeded laws. Some of the repeals will be made after 2 December, but these instruments – for example, section 20 of the CAOs - have no effect as the legal head of power of the instruments are repealed from 2 December.

We have also made instruments to ensure that operators and pilots comply with the new crew competency requirements from 2 December, based on your existing competency arrangements.

These instruments recognise the suitability of existing training and checking activities completed prior to the commencement of the regulations to satisfy relevant training and check requirements in the new flight operations rules. Without these instruments, flight crew would be required to complete the activities again.

These instruments are very detailed because we have sought to identify every appropriate means of compliance with the new rules, so that no transitional gaps occur. However, please let us know if you find a gap so that we can address it. You can only rely on your existing competency arrangements on a transitional basis though and will need to comply with the new requirements in due course.

Links to the instruments will be provided as they become available on the Federal Register of Legislation website.

CASA will continue to listen to feedback on the implementation of the new rules, provide further clarification and guidance where appropriate, and consider additional relief.

Crew competency determinations

Instrument Purpose

Part 119 – T&C determination instrument number CASA 90/21

This instrument facilitates the implementation of Part 119 of the Civil Aviation Safety Regulations 1998 (CASR) and sets out transitional arrangements for the training of certain operator personnel in human factors principles and non-technical skills under Part 119 of CASR. The instrument provides that the training that was provided by commercial aircraft operators for their personnel under the legislation being replaced by Part 119 of CASR, is taken to meet the requirements of Part 119 of CASR, for a period of 2 years.

Part 121 – T&C determination instrument number CASA 91/21

This instrument facilitates implementation of Part 121 of the Civil Aviation Safety Regulations 1998 (CASR), which commences on 2 December 2021. It sets out transitional arrangements for flight and cabin crew training and checking requirements under Part 121 of CASR. It provides that certain “training and checking events” that were undertaken by commercial aircraft operators for operating crew under the legislation being replaced by Part 121 of CASR, are taken to meet the requirements of Part 121 of CASR, for specific periods of time or indefinitely.

Part 133 – T&C determination instrument number CASA 92/21

This instrument facilitates implementation of Part 133 of the Civil Aviation Safety Regulations 1998 (CASR), which commences on 2 December 2021. It sets out transitional arrangements for flight crew member, air crew member, cabin crew member and medical transport specialist training and checking requirements under Part 133 of CASR. It provides that certain “training and checking events” that were undertaken by commercial aircraft operators for operating crew under the legislation being replaced by Part 133 of CASR, are taken to meet the requirements of Part 133 of CASR, for specific periods of time or indefinitely.

Part 135 and Subpart 121.Z – T&C determination instrument number CASA 93/21

This instrument facilitates implementation of Part 135 and Subpart 121.Z of the Civil Aviation Safety Regulations 1998 (CASR), which commences on 2 December 2021. It sets out transitional arrangements for flight crew member, air crew member, and medical transport specialist training and checking requirements under Part 135 of CASR. It provides that certain “training and checking events” that were undertaken by commercial aircraft operators for operating crew under the legislation being replaced by Part 135 of CASR are taken to meet the requirements of Part 135 of CASR, for specific periods of time or indefinitely.

Part 138 – T&C determination instrument number CASA 94/21

This instrument facilitates implementation of Part 138 of the Civil Aviation Safety Regulations 1998 (CASR), which commences on 2 December 2021. It sets out transitional arrangements for flight crew member and air crew member training and checking requirements under Part 138 of CASR. It provides that certain “training and checking events” that were undertaken by commercial aircraft operators for operating crew under the legislation being replaced by Part 138 of CASR, are taken to meet the requirements of Part 138 of CASR, for specific periods of time or indefinitely.

Other instruments – general aviation and commercial operations (other than balloons)

Instrument Purpose

CASA EX145/21 - Amendment of CASA EX87/21 - Instrument 2021 (No. 1)

This instrument amends CASA EX87/21 - Flight Operations Regulations - SMS, HFP&NTS and T&C Systems - Supplementary Exemptions and Directions Instrument 2021 to insert a number of additional exemptions.

CASA EX146/21 - Amendment of CASA EX81/21 - Instrument 2021

This instrument amends CASA EX81/21 - Part 91 of CASR - Supplementary Exemptions and Directions Instrument 2021 to insert a number of additional exemptions.

CASA EX147/21 - Amendment of CASA EX82/21 - Instrument 2021

This instruments amends CASA EX82/21 - Part 119 of CASR - Supplementary' Exemptions and Directions Instrument 2021 to insert a number of additional directions.

CASA EX148/21 - Amendment of CASA EX83/21 - Instrument 2021 (No. 1)

This instrument amends CASA 83/21 - Part 121 and Part 91 of CASR - Supplementary
Exemptions and Directions Instrument 2021 is to insert a number of additional exemptions.

CASA EX149/21 - Amendment of CASA EX84/21 - Instrument 2021

This instrument amends CASA EX84/21 - Part 133 and Part 91 of CASR - Supplementary Exemptions and Directions to insert a number of exemptions.

CASA EX150/21 - Amendment of CASA EX85/21 - Instrument 2021

This instrument amends CASA EX85/21 - Part 135, Subpart 12 l.Z and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021 to insert a number of additional exemptions.

CASA EX151/21 - Amendment of CASA EX86/21 - Instrument 2021

This instrument amends CASA EX86/21 - Part 138 and Part 91 of CASR - Supplementary' Exemptions and Directions Instrument 2021 to insert a number of exemptions.

Civil Aviation Safety Amendment (Part 119) Regulations 2018

These regulations amend the Civil Aviation Safety Regulations 1998 to establish a single regulatory framework for air operator certificate applications, certification and management systems.

Civil Aviation Safety Amendment (Part 138) Regulations 2018

These regulations amend the Civil Aviation Safety Regulations 1998 (CASR) to establish a set of rules specific to aerial work operations that provide appropriate risk-based alleviations from the baseline operational requirements contained in Part 91 of CASR.

Part 91 (General Operating and Flight Rules) Manual of Standards 2020

Amendments to the previously made MOS, see also the plain English summary.

Part 121 MOS Amendments to the previously made MOS, see also the plain English summary

Part 133 (Australian Air Transport Operations—Rotorcraft) Manual of Standards 2020

Amendments to the previously made MOS, see also the plain English summary

Part 135 (Australian Air Transport Operations—Smaller Aeroplanes) Manual of Standards 2020 Amendments to the previously made MOS, see also the plain English summary
Part 138 (Aerial Work Operations) Manual of Standards 2020 

Amendments to the previously made MOS, see also the plain English summary.

Civil Aviation Amendment Order (No. R83) 2004 – added to the table

Replacement of section 100.5 of the Civil Aviation Orders

Civil Aviation Order 100.7 Instrument 2015 This order repeals the Civil Aviation Order 100.7 - Administration and procedure - Weight control of aircraft (12/12/2004) (Civil Aviation Amendment Order (No. R85) 2004) to expand the scope of persons who may conduct the weighing of aircraft to amateur-built aircraft owners, builders or operators who satisfy the relevant criteria and also standardises the language and terminology used to be consistent with civil aviation legislation.
Civil Aviation Order 82.0 Instrument 2014

CAO 82.0 applies to Air Operators’ Certificates authorising aerial work operations, charter operations and regular public transport operations. This instrument removes information that doesn’t apply to the post 2 December 21 CAR 206 AOC holders.

Civil Aviation Order 82.1 - Conditions on air operators' certificates authorising charter operations & aerial work operations

Replacement of section 82.1 of the Civil Aviation Orders

Civil Aviation Order 82.7 - Air operators' certificates authorising aerial work operations & charter operations in balloon Replacement of section 82.7 of the Civil Aviation Orders

Other instruments – sports and recreation operations and commercial balloon operations

Instrument Purpose
Civil Aviation Order 95.4 (Exemptions from CAR and CASR — Sailplanes and Towing Aircraft) Instrument 2021

Exemption from CASR for gliders, powered sailplanes & power-assisted sailplanes

Civil Aviation Order 95.8 (Exemptions from CAR and CASR — Hang Gliders and Paragliders) Instrument 2021

Exemption from CASR for hang-gliders 

Civil Aviation Order 95.10 (Exemptions from CAR and CASR — Microlight Aeroplanes) Instrument 2021 Exemption from CASR for microlight aeroplanes
Civil Aviation Order 95.12 (Exemptions from CAR and CASR — Gyroplanes Not Exceeding 250 kg) Instrument 2021 Exemption from CASR for gyroplanes less than 250 kg
Civil Aviation Order 95.12.1 (Exemptions from CAR and CASR — LSA Gyroplanes and ASRA-compliant Gyroplanes) Instrument 2021 Exemption from CASR for 2 place gyroplanes and single-place gyroplanes (light sport aircraft)

Civil Aviation Order 95.32 (Exemptions from CAR and CASR — Powered Parachutes and Weight-shift-controlled Aeroplanes) Instrument 2021

Exemption from CASR for powered parachutes and weight-shift-controlled aeroplanes

Civil Aviation Order 95.55 (Exemptions from CAR and CASR — Certain Light Sport Aircraft, Lightweight Aeroplanes and Ultralight Aeroplanes) Instrument 2021

Exemption from CASR for certain light sports aircraft, lightweight aeroplanes and ultralight aeroplanes

Instrument 36/19 CAR 152 approval (APF) - Part 105 MOS alternate

Australian Parachuting Federation approval for Part 105

CASA 98/21 — Parachute Descents (CASA 84/18) (Australian Parachute Federation Ltd) Amendment Instrument 2021

This instrument amends CASA 84/18 — Conduct of Parachute Training Operations Directions 2018 (CASA 84/18) to extend its operation for the purpose of enabling the Australian Parachute Federation Ltd (the APF) to continue to conduct operations under the transitional arrangements established by regulation 202.502 of the Civil Aviation Safety Regulations 1998 

Civil Aviation Order 95.53 (Commercial Balloon Flying Training and Balloon Transport Operations) Instrument 2021

Amendments to exemption from CASR for Manned balloons and hot air airships — commercial operations, updated to cover gaps arising from the deferral of the 131 MOS

Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2021

Amendments to exemption from CASR for Manned balloons and hot air airships — private operations, updated to cover gaps arising from the deferral of the 131 MOS

Instrument 263/02 - CAR 152 approval (ASA) - Part 105 MOS alternate Australian Skydiving Association approval for Part 105
Instrument 11/17 - Direction (ASA) - Part 105 MOS alternate Australian Skydiving Association approval for Part 105
Instrument 36/19 CAR 152 approval (APF) – Part 105 MOS alternate Australian Parachuting Federation approval for Part 105
Instrument 84/18 Direction (APF) - Part 105 MOS alternate Australian Parachuting Federation approval for Part 105

Part 149 (Approved Self-administering Aviation Organisations) Manual of Standards 2018

This instrument amends the Part 149 (Approved Self-administering Aviation Organisations) Manual of Standards 2018 to maintain current arrangements as to which aircraft can be operated by an Approved Self-administering Aviation Organisation. It also amends definitions and wording to ensure consistency with the remade Civil Aviation Orders 95.10, 95.32, 95.54 and 95.55.

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