Instrument number CASA 91/21 I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under subregulation 202.418 (3) of the Civil Aviation Safety Regulations 1998. [Signed Christopher P. Monahan] Christopher P. Monahan Executive Manager, National Operations & Standards 28 November 2021 CASA 91/21 — Training and Checking (CASR Part 121) Determination 2021 1 Name This instrument is CASA 91/21 — Training and Checking (CASR Part 121) Determination 2021. 2 Duration This instrument commences on 2 December 2021. 3 Definitions Note In this instrument certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: cabin crew member, flight crew member and operator. (1) In this instrument: CAO 20.11 means Civil Aviation Order 20.11, as in force immediately before 2 December 2021. CAO 82.0 means Civil Aviation Order 82.0, as in force immediately before 2 December 2021. CAR means the Civil Aviation Regulations 1988, as in force immediately before 2 December 2021, and any mention of a provision of CAR refers to that provision as so in force. CASR means the Civil Aviation Safety Regulations 1998. emergency procedures proficiency test means the crew member emergency procedures proficiency test specified in Appendix IV of CAO 20.11. operator's training and checking manual means the training and checking manual of the operator, as the manual exists from time to time. Part 121 MOS means the Part 121 Manual of Standards. Note The CASR Dictionary defines Part 121 Manual of Standards as meaning the Manual of Standards issued by CASA under regulation 121.015. relevant flight means a flight, for an operator, of an aeroplane to which Part 121 (other than Subpart 121.Z) of CASR applies. Note Subregulation 121.005 (1) of CASR provides that Part 121 (other than Subpart 121.Z) applies to the operation of a multi‑engine aeroplane, for an Australian air transport operation, if the aeroplane has either or both of the following: (a) a maximum operational passenger seat configuration of >9; (b) a maximum take‑off weight of >8,618 kg. (2) In this instrument, unless a contrary intention appears, words and expressions have the same meaning as in regulation 202.418 of CASR. (3)In this instrument, unless a contrary intention appears, mention of a provision with the prefix "121." is a reference to that provision as contained in Part 121 of CASR. (4)In this instrument a reference to an operator's training and checking manual, includes relevant text included in the operator's operations manual. (5)In this instrument a reference to the expiry date of an old event or to a period of time after an old event, includes a reference to any deemed expiry date or when an old event is deemed to have occurred, in accordance with the civil aviation legislation in force immediately before 2 December 2021. 4 Purpose This instrument is a determination for the purposes of subregulation 202.418 (3) of CASR. 5 Application This instrument applies in relation to a relevant flight. 6 Determination If: (a) on or after 2 December 2021, a requirement (a new requirement), in relation to a training or checking event mentioned in an item of column 1 of the Table in Schedule 1 (a new event), applies in relation to a relevant flight by a person mentioned in the item (the person); and (b) before 2 December 2021, a training or checking event mentioned in column 2 of the item (the old event) happened in relation to the person; and (c) the relevant flight occurs: (i) on or after 2 December 2021; and (ii) before the expiry of the time specified in column 3 of the item (the expiry date); then, I determine that, for the purposes of regulation 202.418: (d) the new event is taken to have happened in relation to the person; and (e) the new requirement is taken to have been met by the person for a relevant flight that is conducted before the expiry date. Schedule 1 New requirements taken to have been met by old events Table Transitional training and checking events Column 1 Column 2 Column 3 Item New requirement for a person in relation to a training or checking event (a new event) Old event in relation to the person Old event expiry date Flight crew members 1 1. Person: a flight crew member (FCM). 1. Person: an FCM who, immediately before 2 December 2021, was subject to the operator's training and checking organisation (T&CO) under regulation 217 of CAR (an FCM under a T&CO). No expiry date Initial training 2. New Requirement: Initial training for an operator in accordance with the following: (a) paragraph 121.475 (2) (i); 2. Old event for the FCM: successful completion, under the T&CO, of the operator's initial training (however described) in accordance with the operator's training and checking manual. (b) paragraph 121.555 (1); (c) Division 2 in Chapter 12 of the Part 121 MOS. 3. Person: an FCM to whom paragraph 1 did not apply. No expiry date 4. Old event for the FCM: conduct of at least 1 unsupervised charter flight or aerial work (air ambulance) flight for the operator. 2 1. Person: an FCM. 1. Person: an FCM under a T&CO. No expiry date Conversion training 2. New Requirement: Conversion training for an operator and the kind of aeroplane in accordance with the following: (a) paragraph 121.475 (2) (j); 2. Old event for the FCM: successful completion, under the T&CO, of the operator's conversion training (however described) for the kind of aeroplane, in accordance with the operator's training and checking manual but which includes any relevant specific flight-procedures training mentioned in Division 3 in Chapter 12 of the Part 121 MOS. (b) paragraph 121.475 (2) (k); (c) paragraph 121.560 (1) (a); (d) subregulation 121.560 (2); (e) Division 3 in Chapter 12 of the Part 121 MOS. Note: The CASR Dictionary defines kind, of an aircraft, to mean: (a) for an aircraft that is covered by an aircraft type rating—the aircraft type rating; and (b) for an aircraft that is not covered by an aircraft type rating—the type of aircraft. 3. Person: an FCM to whom paragraph 1 does not apply. No expiry date 4. Old event for the FCM: conduct of at least 1 unsupervised charter flight or aerial work (air ambulance) flight for the operator and the kind of aeroplane. 3 1. Person: an FCM. 1. Person: an FCM under a T&CO. The earlier of the following: Recurrent flight training and checking 2. New Requirement: Recurrent flight training for an operator and the kind of aeroplane in accordance with the following: (a) 1 year after the old event; (a) paragraph 121.475 (2) (l); 2. Old event for the FCM: successful completion, under the T&CO, of the operator's recurrent flight training (however described) for the kind of aeroplane, in accordance with the operator's training and checking manual. (b) 2 December 2022. (b) paragraph 121.570 (1) (b); (c) Division 4 in Chapter 12 of the Part 121 MOS. Note For a valid proficiency check, see item 4. For a valid refresher check, see item 6. For a valid annual emergency and safety equipment check, see item 7. For a valid 3‑yearly emergency and safety equipment check, see item 8. 3. Person: an FCM to whom paragraph 1 does not apply. 2 December 2022 4. Old event for the FCM: conduct of at least 1 unsupervised charter flight or aerial work (air ambulance) flight for the operator and the kind of aeroplane. 4 1. Person: an FCM. 1. Person: an FCM under a T&CO. The earlier of the following: Proficiency check 2. New Requirement: Proficiency check for an operator and the kind of aeroplane in accordance with the following: (a) the old event's expiry date; (a) subregulation 121.580 (1); 2. Old event for the FCM: successful completion, under the T&CO, for the operator and the kind of aeroplane, of any of following that was valid immediately before 2 December 2021: (b) 8 months after an old event that is a proficiency check mentioned in paragraph (2) (a) or (b) in column 2, or a check of competence mentioned in paragraph (2) (c) in column 2; (b) Division 5 in Chapter 12 of the Part 121 MOS. (a) for a pilot in command — a pilot in command proficiency check, mentioned in paragraphs 8B.2 or 8.B.5 of CAO 82.0; (c) the day the FCM undertakes the proficiency check mentioned in column 1; (b) for a co‑pilot — a co‑pilot proficiency check in mentioned in paragraph 8B.7 of CAO 82.0; (d) 2 December 2022. (c) for an FCM — a check of competence (however described) for normal, abnormal and emergency procedures in accordance with the operator's training and checking manual. 3. Person: an FCM to whom paragraph 1 does not apply. For an old event that is an instrument proficiency check, the earlier of: (a) the day the instrument proficiency check is no longer valid for the FCM and the aeroplane; 4. Old event for the FCM: successful completion of an instrument proficiency check that was valid for the aeroplane under Part 61 of CASR immediately before 2 December 2021. (b) the day the FCM undertakes the proficiency check mentioned in column 1; (c) 2 December 2022. 5 1. Person: an FCM. 1. Person: an FCM under a T&CO. The earlier of the following: Line check 2. New Requirement: Line check for an operator and the kind of aeroplane in accordance with the following: (a) the later of the expiry dates of the checks mentioned in paragraphs (a) and (b) in column 2; (a) regulation 121.565; 2. Old event for the FCM: successful completion, under the T&CO, for the operator and for the kind of aeroplane, of any of following that was valid immediately before the commencement date: (b) the day the FCM undertakes the line check mentioned in column 1; (b) regulation 121.585; (a) a line check (however described) in accordance with the operator's training and checking manual that was completed not more than 12 months before 2 December 2021; (c) 2 December 2022. (c) regulation 121.590. (b) a proficiency check or check of competency of a kind mentioned in column 2 of item 4. 3. Person: an FCM to whom paragraph 1 does not apply. The earlier of the following: (a) the day the FCM undertakes the line check mentioned in column 1; 4. Old event for the FCM: conduct of at least 1 unsupervised charter flight or aerial work (air ambulance) flight for the operator and the kind of aeroplane. (b) 2 December 2022. 5. Person: a flight engineer. The earlier of the following: (a) the day the FCM undertakes the line check mentioned in column 1; 6. Old event for the FCM: conduct of at least 1 unsupervised charter flight or aerial work (air ambulance) flight for the operator and the kind of aeroplane. (b) 2 December 2022. 6 1. Person: an FCM. 1. Person: an FCM under a T&CO. The earlier of the following: Refresher training and refresher check 2. New Requirement: Refresher training and refresher check for an operator and the kind of aeroplane in accordance with the following: (a) the expiry date of a check mentioned in column 2; (a) regulation 121.595; 2. Old event for the FCM: successful completion, under the T&CO, for the operator and the kind of aeroplane, of the following that was valid immediately before 2 December 2021: (b) the day the FCM undertakes the refresher check mentioned in column 1; (b) regulation 121.600. (a) refresher training (however described) in accordance with the operator's training and checking manual; and (c) 2 December 2022. (b) a proficiency check or a check of competency of a kind mentioned in column 2 of item 4. 3. Person: an FCM to whom paragraph 1 does not apply. 4. Old event for the FCM: successful completion of an instrument proficiency check that is valid for the aeroplane under Part 61 of CASR not more than 12 months before 2 December 2021. 7 1. Person: an FCM. 1. Person: an FCM who was required under subsection 12 of CAO 20.11 to undertake and pass for the kind of aeroplane, the emergency procedures proficiency test. The earlier of the following: Annual emergency and safety equipment training and check 2. New Requirement: Annual emergency and safety equipment training and check for an operator and the kind of aeroplane in accordance with the following: (a) the expiry date of the emergency procedures proficiency test; (a) regulation 121.605; 2. Old event for the FCM: successful completion for the operator and kind of aeroplane, of the following that was valid immediately before 2 December 2021: (b) the day the FCM undertakes the check mentioned in column 1; (b) regulation 121.610; (a) the emergency procedures proficiency test. (c) 2 December 2022. (c) Division 6 in Chapter 12 of the Part 121 MOS. 3. Person: an FCM to whom paragraph 1 does not apply. The earlier of the following: (a) the day the FCM undertakes the check mentioned in column 1; 4. Old event for the FCM: conduct of at least 1 unsupervised aerial work (air ambulance) flight for the operator and kind of aeroplane. (b) 2 December 2022. 8 1. Person: an FCM. 1. Person: an FCM who was required under subsection 12 of CAO 20.11 to undertake and pass for a kind of aeroplane the emergency procedures proficiency test. The earlier of the following: 3‑yearly emergency and safety equipment training and check 2. New Requirement: 3‑yearly emergency and safety equipment training and check for an operator and the kind of aeroplane in accordance with the following: (a) 3 years after the date of the emergency procedures proficiency test; (a) regulation 121.615; 2. Old event for the FCM: successful completion for the operator and kind of aeroplane of the following that was valid immediately before 2 December 2021: (b) the day the FCM undertakes the check mentioned in column 1; (b) regulation 121.620; (a) the emergency procedures proficiency test. (c) 2 December 2024. (c) Division 7 in Chapter 12 of the Part 121 MOS. 3. Person: an FCM to whom paragraph 1 does not apply. The earlier of the following: (a) the day the FCM undertakes the check mentioned in column 1; 4. Old event for the FCM: conduct of at least 1 unsupervised aerial work (air ambulance) flight for the operator and kind of aeroplane. (b) 2 December 2024. Senior cabin crew members 9 1. Person: a senior cabin crew member 1. Person: a cabin attendant (a CA) under a T&CO whose duties are analogous to those of a senior cabin crew member (a relevant CA). 1. For an old event that is 1 of the following: Senior cabin crew member training and check 2. New Requirement: Senior cabin crew member training and competency check for an operator and aeroplane in accordance with the following: 2. Old event for the relevant CA: successful completion for the operator and aeroplane of the following that was valid immediately before 2 December 2021: (a) training — no expiry date; (a) regulation 121.665; (a) training to perform the duties of a relevant CA, in accordance with the operator's training and checking manual; (b) a relevant check — the earlier of: (b) Division 2 in Chapter 13 of the Part 121 MOS. (b) a check of competency or line check (however described) in accordance with the operator's training and checking manual, that included a check of the performance of duties analogous to those of a senior cabin crew member (a relevant check). (i) the later of the expiry dates of the checks mentioned in column 2; (ii) the day the relevant CA undertakes a check mentioned in column 1; (iii) 2 December 2022. Cabin crew members 10 1. Person: a cabin crew member (CCM) 1. Person: a CA under a T&CO in accordance with CAR 217. No expiry date Cabin crew member initial training 2. New Requirement: CCM initial training for an operator in accordance with the following: 2. Old event for the CA: successful completion for the operator of initial training (however described) in accordance with the operator's training and checking manual. (a) paragraph 121.640 (2) (b); (b) regulation 121.710; (c) Division 4 in Chapter 13 of the Part 121 MOS. 11 1. Person: a CCM. 1. Person: a CA under a T&CO No expiry date Cabin crew member conversion training 2. New Requirement: CCM conversion training for an operator and the aeroplane type in accordance with the following: 2. Old event for the CA: successful completion for the operator and the aeroplane type of conversion training (however described) in accordance with the operator's training and checking manual. (a) paragraph 121.640 (2) (c); (b) regulation 121.715; (c) regulation 121.730; (d) Division 5 in Chapter 13 of the Part 121 MOS. 12 1. Person: a CCM. 1. Person: a CA under a T&CO. No expiry date Cabin crew member differences training 2. New Requirement: CCM differences training for an operator and an aeroplane in accordance with the following: 2. Old event for the CA: successful completion for the operator and the aeroplane, of differences training (however described) in accordance with the operator's training and checking manual. (a) paragraph 121.640 (2) (e); (b) regulation 121.720. 13 1. Person: a CCM. 1. Person: a CA under a T&CO. The earlier of the following: Cabin crew member annual training and valid annual training check 2. New Requirement: CCM annual training and valid annual training check for an operator and the aeroplane type in accordance with the following: 2. Old event for the CA: successful completion for the operator and the aeroplane type, of the following that was valid immediately before 2 December 2021: (a) the expiry date of the emergency procedures proficiency test; (a) paragraph 121.640 (2) (f); (a) cabin attendant training mentioned in paragraph 13.3 of CAO 20.11; and (b) the day the CCM undertakes the check mentioned in column 1; (b) regulation 121.725; (b) emergency procedures proficiency test. (c) 2 December 2022. (c) Division 6 in Chapter 13 of the Part 121 MOS. 14 1. Person: a CCM. 1. Person: a CA under a T&CO. The earlier of the following: Cabin crew member valid line check 2. New Requirement: CCM valid line check for an operator and an aeroplane operated by the operator in accordance with the following: 2. Old event for the CA: successful completion for the operator and for the aeroplane, of 1 of the following that was valid immediately before 2 December 2021: (a) the latest of the expiry dates of the check under paragraph (a), the emergency procedures proficiency test under paragraph (b) and the check under paragraph (c) in column 2, as applicable; (a) paragraph 121.640 (2) (g); (a) a line check (however described) in accordance with the operator's training and checking manual; or (b) the day the CCM undertakes the check mentioned in column 1; (b) regulation 121.730. (b) emergency procedures proficiency test; or (c) 2 December 2022. (c) check of competency in accordance with the operator's training and checking manual. 15 1. Person: a CCM. 1. Person: a CA under a T&CO. The earlier of the following: Cabin crew member 3‑yearly training check 2. New Requirement: CCM 3‑yearly training check for an operator and the aeroplane type in accordance with the following: 2. Old event for the CA: successful completion for the operator and the aeroplane type, of the following that was valid immediately before 2 December 2021: (a) 3 years after the date of the emergency procedures proficiency test; (a) paragraph 121.640 (2) (h); (a) emergency procedures proficiency test. (b) the day the CCM undertakes the check mentioned in column 1; (b) regulation 121.735; (c) 2 December 2024. (c) Division 7 in Chapter 13 of the Part 121 MOS. 16 1. Person: a CCM. 1. Person: a CA under a T&CO. No expiry date English language proficiency 2. New Requirement: CCM English language proficiency assessment and assessment report for an operator in accordance with the following: 2. Old event for the CA: performance of CA duties on at least 1 charter or regular public transport flight for the operator during which the CA was not under training or supervision, unless the training or supervision was for the purpose of regaining currency or competency. (a) regulation 121.655; (b) Division 1 in Chapter 13 of the Part 121 MOS. 17 1. Person: a CCM. 1. Person: a CA. The earlier of the following: Cabin crew member annual emergency and safety equipment check 2. New Requirement: CCM annual emergency and safety equipment check (on flights for which a cabin crew member is carried but not required) for an operator and the aeroplane type in accordance with the following: 2. Old event for the CA: successful completion for the operator and the aeroplane type, of 1 of the following that was valid immediately before 2 December 2021: (a) the expiry date of the emergency procedures proficiency test (where applicable); Note Only applies for flights for which a cabin crew member is carried but not required. (a) regulation 121.750. (a) emergency procedures proficiency test that was valid immediately before 2 December 2021: or (b) the day the CCM undertakes the check mentioned in column 1; (b) the unsupervised conduct of relevant duties on a charter passenger flight. (c) 2 December 2022.