Flight crew licensing (miscellaneous exemptions)

CASA EX66/21 is made up of 14 parts:

Part 1

Part 1 provides the name and duration of the instrument, which will be repealed at the end of 31 May 2024. Part 1 also contains relevant definitions for the instrument.

Part 2 – Logging of flight time as a pilot (co-pilots on single-pilot certificated aircraft)

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

The conditions of CASA EX79/18 have been included in CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021.

Part 61 of CASR prevents 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.

The 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. This is 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.

Part 3 – 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 CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021.

The exemption continues to authorise the conducting of flight tests, proficiency checks and flight training from a non-control seat to a limited extent. Those who fall under the exemption include:

• flight examiners
• approval holders
• approved testing officers
• flight instructors

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

Flight examiners, approval holders, approved testing officers and flight instructors are encouraged to familiarise themselves with the exemption. This includes before conducting any flight tests from a non-control seat, in particular the obligation to comply with section 10.

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.

Part 4 – 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 CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021.

Under the exemption, pilots only need to have completed an instrument proficiency check (IPC) in the previous 24 months that is relevant to the aircraft being flown. This replaces having a valid IPC for a pilot type rating. There are 3 safety criteria:

• whether the aircraft is type-rated
• whether it is multi-crew certificated
• 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 must complete an annual IPC that was conducted in an aircraft of the same category.

For pilots to fly a multi-engine aircraft under the IFR, they must complete the IPC in a multi-engine aircraft of the same category.

Part 5 – 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 conditions of CASA EX99/18 have been included in CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021.

The exemption simplifies the flight review requirements. For some pilots it 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
• certain training.

These activities satisfy the flight review requirement. The same rules apply under this exemption.

A flight review that includes training must be conducted under a Part 141 or Part 142 operator as applicable. CASA strongly encourages pilots to include training in their flight review.

Part 6 – Flight examiner rating for check pilots

This exemption was first made on 29 October 2014 as CASA EX140/14 and remade as CASA EX106/16 on 29 June 2016, and CASA EX100/18 on 1 September 2018.

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

Following the commencement of Parts 121, 133, 135 and 138 of CASR, a new exemption was made to replicate the effect of CASA EX100/18. The exemption now applies following the repeal of CAO 82.0.

Division 2 exempts certain check pilots from having to hold a flight examiner rating for subregulation 61.375 (7) of CASR. Division 2 only applies for the purpose of conducting an operator proficiency check within the scope of the pilot’s approval.

The scope of the exemption is also limited by excluding the conduct of an operator proficiency check for the purposes of regulation:

• 61.650 (multi-crew pilot licence instrument proficiency check)
• 61.695 (air transport pilot licence instrument proficiency check)
• 61.880 (instrument rating proficiency check).

The exemption is subject to three conditions, which require the operator proficiency check to be conducted:

• while the exempt check pilot is employed or contracted by the relevant operator
• in accordance with the operator’s approved training and checking system
• in accordance with the conditions specified in the check pilot’s check pilot approval.

Part 7 – Foreign cadet pilots (medical certificate for CPL flight test)

This exemption was first made on 12 September 2014 as CASA EX117/14. It was remade on 4 September 2015 as CASA EX156/15 and on 1 September 2018 as CASA EX101/18.

The conditions of CASA EX101/18 have been included in 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.

Part 8 – Approved course of training (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 as CASA EX102/18 on 1 September 2018.

The conditions of CASA EX102/18 have been included in 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
• 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 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. Requirements for training can be found in Part 61 of CASR.

Part 9 – 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 included in CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021.

The exemption continues to authorise the holders of grade 1, 2 and 3 training endorsements to conduct basic instrument flight training. This applies if 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.

Part 10 – Aerial application proficiency check

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

The conditions of CASA EX104/18 have been included in 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.

Part 11 – English language proficiency assessment

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)

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.

Part 13 – Differences training, class rating flight training, and flight review (equivalent overseas training)

Part 13 applies to the holder of an aircraft class rating.

It enables:

• the holder of a flight crew licence to have their overseas training recognised for certain requirements under Part 61
• exempts the holder of a class rating from the training and flight review required by CASR 61.747 for prescribed aircraft.

Part 14 – Significant Change Approval Requirements (Part 141 Operators and Relevant Part 142 Operators)

Part 14 applies to Parts 141 and 142 operators. It relates to the definition of significant change in the context of adding aircraft to the operator's fleet of training aircraft.

Part 14 permits flight training operators to add similar kinds of aircraft to their training fleet without obtaining approval from CASA.

Under the current rules, operators must update their Exposition or Operations Manual with details every time they add a new aircraft.

This exemption allows flight training operators to add new aircraft as a significant change without approval from CASA.

When the operator plans to add a type aircraft it doesn't operate for Part 141 or Part 142 purposes the significant change process is triggered. That means the exemption does not apply when operators add one of the following:

• a type rated aircraft
• a variant model of a type used by the operator which requires differences training
• an aircraft covered by a class rating, being the first aircraft of that class used by the operator for Part 141 or Part 142 training
• a type of aircraft covered by a class rating but requires initial type specific training and flight review
• a first pressurised aircraft
• a first turbine-powered aircraft.

Part 15 – Exemption from certain low-level rating requirements

This exemption was first made on 25 May 2015 as CASA EX92/15 with subsequent exemptions made as follows:

• CASA EX48/17 made on 1 May 2017
• CASA EX73/20 made on 1 May 2020
• CASA EX 51/23 made on 1 May 2023. The conditions of this exemption have now been included in CASA EX66/21 – Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2023 as Part 15.

This part continues to:

• allow the holder of a pilot licence with a low-level rating to be exempt from compliance with the requirements of regulations 61.1040; 61.1055 and 61.1060
• extends the recurrence period for flight review or a flight review equivalent at 24 months instead of 12 months
• set out conditions for a 12-month recurrence period for recency for holders of a low-level rating with an aerial mustering endorsement.

Part 16 - Miscellaneous Dropping Operations

This exemption was first made on 11 July 2023 as CASA EX65/23 — Amendment of CASA EX66/21 (for Pilots in Command in Miscellaneous Dropping Operations) Instrument 2023.

Related exemptions are:

• CASA EX66/23 — Amendment of CASA EX92/22 (for Part 137 operators in Miscellaneous Dropping Operations) Instrument 2023
• CASA EX67/23 — Amendment of CASA EX86/21 (for operators under Part 138 in Miscellaneous Dropping Operations) Instrument 2023.

The conditions of CASA EX65/23 have been included in CASA EX66/21 – Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2023 as Part 16.

Part 16 applies to the pilot in command of an aircraft in a miscellaneous dropping operation that involves, or involves training for, dropping relevant articles from an aircraft in flight below 500 ft, but does not include any operation that involves spraying or broadcasting any substance.

Relevant articles mean any of the following:

1. incendiaries to initiate controlled burning
2. baits for the capture or eradication of feral animals
3. search and rescue equipment
4. fodder for livestock
5. items for disaster relief
6. other articles of a nature, or articles dropped for a purpose, that is similar in nature, or the purpose of the articles mentioned in paragraphs (a) to (e).

A pilot holding a relevant low-level rating and low-level endorsement need not hold an aerial application rating, as would otherwise be required.

The pilot must conduct the miscellaneous dropping operation in accordance with the requirements and limitations that apply to a limited aerial work operation under Part 138 of CASR.

For related Part 137 and Part 138 operator exemptions, refer to:

• Part 3 of CASA EX92/22 – Part 137 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2022
• Part 5 of CASA EX86/21 – Part 138 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021.

Part 17 - Flight Instructors and Part 141 Operators – Flight Training for Certain Solo Cross-country Flights

This exemption was first made on 2 March 2021 as CASA EX20/21 and remade as CASA EX06/24 on 29 January 2024.

The conditions of CASA EX 06/24 have been included in CASA EX66/21.

Part 17 continues to provide exemption from obligations under the Civil Aviation Safety Regulations 1998 (CASR) that would otherwise apply to flight instructors and Part 141 operators when authorising a student helicopter pilot to conduct a solo cross‑country flight for the first time.