CASA EX150/21 – Amendment of CASA EX85/21 – Instrument 2021 (Cth)

Instrument number CASA EX150/21 I, PHILIPPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed P. Spence] Pip Spence Director of Aviation Safety 30 November 2021 CASA EX150/21 – Amendment of CASA EX85/21 – Instrument 2021

1 Name This instrument is CASA EX150/21 – Amendment of CASA EX85/21 – Instrument 2021.

2 Commencement This instrument commences on 2 December 2021.

3 Amendment of CASA EX85/21 Schedule 1 amends CASA EX85/21 – Part 135, Subpart 121.Z and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021 (CASA EX85/21).

Schedule 1 Amendments

[1] Subsection 3 (1), Definitions insert aeroplane of a relevant type or class means an aeroplane that is one of the following: (a) an aeroplane of a particular class, within the meaning of class in regulation 61.020 of CASR, other than an aeroplane mentioned in paragraph (b) or (c); (b) a multi-crew aircraft for which a legislative instrument, in accordance with paragraph 61.055 (1) (a) of CASR, has prescribed type ratings that may be granted for a multi-crew operation; (c) a type of aircraft for which single-pilot type ratings are required under paragraph 61.060 (1) (a) of CASR, for which a legislative instrument, in accordance with subparagraph 61.060 (1) (b) (i) of CASR, has prescribed the type ratings that may be granted for single-pilot operation. flight crew member proficiency check has the meaning given by section 12.01 of the Part 135 Manual of Standards.

[2] After section 9 insert

9A Ground support personnel (1) This section applies to the operator of an aeroplane for a flight that is a Part 135 operation or a Subpart 121.Z operation. (2) The operator is exempted from compliance subregulations 135.125 (1) and (3) — but only to the extent that the member of the operator's personnel who carries out a ground support duty for the flight (the duty): (a) is not a person employed by the operator under a contract of service (that is, as a direct employee); but (b) is instead retained, or utilised, by the operator on some other basis or arrangement (the relevant member). (3) It is a condition of the exemption in subsection (2) that: (a) the operator is satisfied that the relevant member is capable of carrying out, and willing to carry out, the duty in a manner that maintains aviation safety; or (b) the relevant member is supervised by a direct employee of the operator who meets the requirements of subregulation 135.125 (2).