What you need to do and when

To be compliant with the flight operation rules, you must meet the following timelines.

They relate to provisions that we deferred for some operators and give you extra time to get ready.

Former charter operators starting scheduled air transport operations need to implement deferred provisions for the scheduled operations when they begin.

These operators require a significant change approval from CASA to start scheduled operations. Learn more about the change approval on air transport air operator’s certificate (Part 119) page.

What you must do

You must submit documentation to us by the deadlines indicated. They depend on:

  • how you currently operate
  • what you already have in place.

These deadlines allow us to check draft documentation. We will then work with you on any changes before commencement.

Not every operator has to submit documents. The following information will help you work out if a requirement applies to you and what you must do and by when.

These rules apply for those organisations who were operating on 1 December 2022. New applications must have these systems in place at the time of application.

Training and checking system

You need a training and checking system if you:

Part 119

Your training and checking system must cover all crew members and operational safety critical personnel in relation to the aircraft you are using for your air transport operations under Part 119.

Part 138

Your training and checking system must cover all crew members and operational safety critical personnel only in relation to specific aircraft or operations. You can find the aircraft and operations listed in regulation138.125 and section 4.02 of the Part 138 MOS.

By 2 September 2022 you should have provided your training and checking documents to us for review and be ready to start by 2 March 2023.

You don’t need to redo everyone’s check on this date. We will recognise existing competencies for defined periods beyond 2 March 2023.

For more guidance on training and checking systems visit the training and checking systems web page.

Safety management system

You need a safety management system (SMS) if you:

You may already have an SMS because you also conduct Part 142 flight training operations. If so, you only need to update your existing SMS to include:

  • Part 119 air transport operations
  • applicable Part 138 aerial work operations.

Whatever your operations, we have created a series of milestones to help you prepare. These milestones do not apply to an operator that was conducting RPT operations before 2 December 2021. These operators needed to expand their existing SMS to encompass all their air transport operations on 2 December 2021.

For Part 142 operators, your proposed SMS exposition/manual content must have been submitted to us by 2 September 2022 and have been started by 2 December 2022.

For Part 119 air transport and relevant Part 138 aerial work operators you must:

  • provide an implementation plan by 2 December 2022
  • provide your full documentation by 3 June 2024
  • be ready to start by 1 December 2024.

To help you develop your documents, read AC 119-01 Safety management systems for air transport operations. This AC is useful to develop an SMS for an aerial work operation.

Visit the safety management systems web page for more guidance on safety management systems.

Rotorcraft performance

You need to comply with rotorcraft performance classes if you conduct air transport operations in:

  • helicopters
  • gyroplanes
  • powered lift aircraft.

If you are conducting passenger or cargo air transport operations, you must:

  • provide documentation by 3 June 2023
  • be ready to start by 4 December 2023.

If you are conducting medical transport operations, you must:

  • provide documentation by 5 September 2023
  • be ready to start by 4 December 2023.

If you are conducting aerial work operations, one of the Part 138 rotorcraft performance options is to comply with the Part 133 rotorcraft performance classes. This is not mandatory. Review the Part 138 MOS for more details.

To help you develop your documents, review the following guidance material:

Human factors and non-technical skills training

You will need human factors and non-technical skills training for your operational safety-critical personnel if you conduct air transport operations.

You must give us your documentation by 3 June 2023 and be ready to start on 4 December 2023.

To help you develop your documents, read AC 119-12 Human factors principles and non-technical skills for air transport operations.

These milestones do not apply to an operator that was conducting RPT operations before 2 December 2021. These operators needed to expand their existing human factors and non-technical skills program to encompass all their air transport operations on 2 December 2021.

Equipment and safety briefing card deferred items

The following deferrals do not always apply to every operator conducting operations under the relevant CASR Part.

We recommend you review the specific MOS for each deferral to determine whether it’s relevant to your operations.

Part 91 MOS

  • first aid oxygen equipment (see section 26.47 of the Part 91 MOS)
  • NVIS related radio altimeter (see section 26.79 of the Part 91 MOS)

Part 121 MOS

  • certain EDTO RFF requirements (see section 4.19 of the Part 121 MOS)
  • safety briefing cards (see section 8.01 of the Part 121 MOS)
  • net take-off flight path (see section 9.04 of the Part 121 MOS)
  • ACAS (see sections 11.21 and 11.21A of the Part 121 MOS)
  • TAWS (see sections 11.24 and 11.24A of the Part 121 MOS)
  • airborne weather radar equipment (see section 11.26 of the Part 121 MOS)
  • data link recorder (see section 11.35 of the Part 121 MOS)
  • first aid oxygen equipment (see section 11.46 of the Part 121 MOS)
  • emergency locator transmitters (ELT) (see section 11.47 of the Part 121 MOS)
  • first aid kits (see section 11.53 of the Part 121 MOS)
  • underwater locating device (see section 11.64 of the Part 121 MOS

Part 133 MOS

  • safety briefing cards (see section 7.01 of the Part 133 MOS)
  • particle detection system for PC3 over populous areas (see section 10.26 of the Part 133 MOS)
  • HTAWS (see section 11.18 of the Part 133 MOS)
  • first aid oxygen equipment (see section 11.40 of the Part 133 MOS)
  • emergency locator transmitters (ELT) (see section 11.45 of the Part 133 MOS)
  • first aid kits (see section 11.47 of the Part 133 MOS)
  • life rafts (see section 11.50 of the Part 133 MOS)

Part 135 MOS

  • certain PSEA (formerly called ASETPA) requirements regarding medical transport operations (see section 8.08 of the Part 135 MOS)
  • TAWS (see sections 11.25 and 11.25A of the Part 135 MOS)
  • first aid oxygen equipment (see section 11.46 of the Part 135 MOS)
  • emergency locator transmitters (ELT) (see section 11.51 of the Part 135 MOS)
  • first aid kits (see section 11.53 of the Part 135 MOS)

Part 138 MOS

  • usage monitoring system due to lack of a suitable forced landing area in certain circumstances (see section 9.05 of the Part 138 MOS)
  • usage monitoring system for single-engine rotorcraft conducting marine pilot transfer operations (see section 17.09 of the Part 138 MOS).

All equipment must be fitted and operative. Crew member training and operator exposition procedures must be completed by 2 December 2023.

Exposition procedures for new equipment is expected to be a non-significant change and not require our approval.

Operators must follow their change management procedures to determine if the changes are significant or non-significant.

Please note, there is no deferral for rules relating to:

  • cockpit voice recorders (CVR)
  • flight data recorders (FDR).

These rules have not been changed.

Former charter operator starting scheduled air transport operations

Former charter operators that did not conduct RPT can only operate non-scheduled air transport operations under their transitional air operator’s certificates (AOCs). See item 2 of the table in CASR 202.413 for more information.

You must apply for a significant change approval from CASA if you wish to commence scheduled air transport operations.

You will need to comply with CASR Parts 42 and 145 for the aircraft used in your scheduled air transport operation. See CASR 202.180 for more information.

You cannot use the micro-business drug and alcohol management plan (DAMP) exemption if you are conducting scheduled air transport operations.

Multiple transitional exemptions applicable to previous charter operators end automatically when you start scheduled air transport operations. You can learn more by reading section 11.2 of AC 1-03 (Transitioning to the flight operations regulations).

In your significant change approval application you must include exposition content that supports the rules that now apply due to starting scheduled operations.

The following are the relevant exemptions.

Safety management systems (SMS)

There is a condition of the SMS deferral in Part 2 of CASA EX87/21. The condition says you must not commence scheduled air transport operations until we approve your SMS exposition content.

You must have an SMS in place for your scheduled air transport operations from the time you start those operations.

The SMS does not need to cover all your air transport operations until the end of the deferral. This applies if you meet the other conditions of that exemption. For example, providing us with documentation at other interim dates.

You can find more information on SMS on our Safety Management Systems page.

Human factors and non-technical related skills (HFNTS)

There is a condition of the HFNTS deferral in Part 6 of CASA EX87/21. The condition says you must not commence scheduled air transport operations until we approve your HFNTS exposition content.

You must have a HFNTS program in place for your scheduled air transport operations from the time you start those operations.

The HFNTS program does not need to cover all your air transport operations until the end of the deferral. This applies if you meet the other conditions of that exemption. For example, providing us with documentation at other interim dates.

You can find more information on HFNTS on our Human Factors page.

Training and checking systems (T&C)

There is a condition of the T&C system deferrals in Parts 7, 8 and 9 of CASA EX87/21. The condition says you must not commence scheduled air transport operations until CASA approves your T&C exposition content.

You must have a T&C system in place for your scheduled air transport operations from the time you start those operations.

The T&C system does not need to cover all your air transport operations until the end of the deferral. This applies if you meet the other conditions of that exemption. For example, providing us with documentation at other interim dates.

You can find more information on our training and checking systems page.

Flight data analysis program (FDAP)

There is a condition of the FDAP deferral in Part 11 of CASA EX87/21. The condition says you must not commence scheduled air transport operations until CASA approves your FDAP exposition content.

You must have an FDAP in place for your scheduled air transport operations from the time you start those operations. This only applies if the FDAP rule in Part 119 applies to the aircraft you are using for scheduled air transport operations.

The FDAP does not need to cover all your air transport operations until the end of the deferral. This applies if you meet the other conditions of that exemption. For example, providing us with documentation at other interim dates.

You can find more information in AC 119-04 – Flight data analysis programmes for air transport operations.

Minimum equipment list (MEL)

The MEL deferrals in CASA EX83/21, EX84/21 and EX85/21 do not apply to aircraft used in scheduled air transport operations.

This means that you must have a MEL approved by CASA for those aircraft before using the aircraft to conduct scheduled air transport operations. See Subpart 91.Y of CASR for more information.

Head of flying operations and head of training and checking

CASA EX82/21 has exemptions for:

  • head of flying operations
  • head of training and checking.

These exemptions finish earlier if you start scheduled air transport operations.

Last updated:
19 Dec 2022
Online version available at: https://www.casa.gov.au//rules/changing-rules/flight-operations-regulations-transition/what-you-need-do-and-when
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