EXPLANATORY STATEMENT

Select Legislative Instrument 2008 No. 273

Issued by the authority of the
Minister for Infrastructure, Transport, Regional Development and Local Government.

Civil Aviation Act 1988

Civil Aviation Amendment Regulations 2008 (No. 4 )

 

Subsection 98 (1) of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Specific reference is made in paragraph 98 (3) (c) to the regulation making power in subsection 98 (1) to include the power to make regulations for or in relation to requiring persons performing specified functions in relation to the operation of aircraft to be the holders of licences, permits or certificates of a specified kind, providing for the grant, issue, cancellation, suspension or variation of such licences, permits and certificates.

Subsection 20AB (1) of the Civil Aviation Act 1988 (the Act) provides that a person must not perform any duty that is essential to the operation of an Australian aircraft during flight time unless the person holds an authorisation that authorises the person to perform that duty or the person is authorised under the regulations to perform that duty without the authorisation required.

In November 2006, the International Civil Aviation Organization (ICAO) established a new pilot licence in Annex 1 ‘Personnel Licensing’ to the Convention on International Civil Aviation. The licence is called the Multi-crew Pilot (Aeroplane) Licence (MP(A)L). The MP(A)L is a specialised licence for airline co-pilots and is granted to a person who has completed specialised training for that role.  The training and testing relates to the competencies of a co-pilot flying as a member of a two pilot crew of a heavy airliner in air transport and charter operations.  Currently, these co-pilots must hold at least a commercial pilot (aeroplane) licence (CP(A)L which involves training and checking for single pilot light aircraft operations.  The higher air transport pilot licence is required by the captains of these airliners.

 

The new Regulations amend the Civil Aviation Regulations 1988 (CAR) by inserting a new Division in CAR Part 5 entitled Multi-crew pilot (aeroplane) licence.

The new Regulations make the MP(A)L available to aspiring airline co-pilots, training organisations proposing to conduct MPL training to local and overseas airlines and to airlines wishing to employ pilots holding an MP(A)L. Without the MP(A)L, pilots would continue to need to have a CP(A)L, so the benefits of the proposed MP(A)L training systems would not be available to Australian pilots or to training organisations wishing to conduct MP(A)L courses.

 

Consultation under section 17 of the Legislative Instruments Act 2003 has been undertaken. A panel of industry representatives met in Canberra on 16 and 17 November 2006 to consider the proposal to introduce the MP(A)L in Australia. Attendees represented flying training organisations, local and international pilot associations, peak aviation representative bodies, simulator training providers and airlines. The meeting endorsed the proposal to introduce the MP(A)L in Australia.

The outcomes of the meeting were presented to the Standards Consultative Committee (SCC) on 21 November 2006. The SCC endorsed the recommendation to proceed with a legislative change proposal to introduce the MP(A)L, subject to the SCC process.

A project team of technical specialists was formed and met in February, May, August, September and November in 2007 and July 2008 to develop the proposal.

The team considered a broad range of issues relevant to the MPL and how it would be implemented in Australia. As a result of the team’s work, a Notice of Proposed Rule Making (NPRM) and Civil Aviation Advisory Publication (CAAP) were produced. The NPRM was in the public domain from 25 July 2008 to 5 September 2008. Twelve submissions to the NPRM and CAAP were received, considered, and taken into account in the final drafting of the proposed regulations and CAAP.

The main issues raised during the consultation period were as follows:

(a) Compliance with the ICAO minimum aeronautical experience requirements to obtain a Multi-Crew Pilot (Aeroplane) Licence – approved training

The initial proposal for the MP(A)L made provision for CASA to exercise flexibility to approve a course of training that did not meet the minimum aeronautical experience standard in Annex 1. The MPL Project Team rejected the flexibility proposition on two grounds. The first was in their view, the standard in the Annex should be complied with and the second was the implementation of the MP(A)L was meant to be incremental as described in the Procedures for Air Navigation Services – Training (PANS-TRG) document published by ICAO.

The purpose of the flexibility proposition was to future proof the standards. The project team agreed not to retain the flexibility option. The Australian standards are fully compliant with the ICAO standards.

(b) Contractual relationship between trainee and end-user airline

Concerns were raised by some members of the project team about the relationship between the trainee and the end-user airline.

There are three aspects to this issue. The first relates to possible constraints on the trainee’s future employment opportunities, the second relates to the consolidation period on initial aircraft type post qualification, and the third relates to ensuring the airline’s operating procedures are incorporated into the training program as envisaged by the PANS-TRG document.

The proposition put forward to the project team was to make provision in the regulations to require the end-user airline to indenture the trainee into the airline. While the term indenture was used during discussions, the main aim was to require the end-user airline to enter into a contractual relationship with the trainee that would require the airline to employ the trainee for a certain period post qualification.

The MP(A)L is a new qualification and limits the graduate to flying as a co-pilot. If the trainee was unsuccessful in gaining employment post qualification, they would be disadvantaged by limitations of the licence.

With respect to the second issue, the post-qualification consolidation period, there was agreement amongst the project team that this was an important consideration and needed to be addressed within the legislative suite. The solution developed by the project team would see rules made in the Civil Aviation Orders that would apply to operators which would require them to manage newly qualified multi-crew (aeroplane) pilots in a way that would mitigate the perceived risks. The purpose of the rules would ensure recently qualified multi-crew (aeroplane) pilots consolidate on the first aircraft type working with the first employing airline before progressing to another type, and if this was not operationally possible (e.g. airline fails, or original type is replaced), extra training would be required. In summary, a pilot needs to complete 250 hours or 150 hours of line flying on the first aircraft type with the initial airline before progressing to a new type. The rules would in effect require the pilot to complete this consolidation at least once.

The third issue relates to the end-user airline’s operating procedures being used in the MPL training course. The conclusion of the project team was to require the end-user airline’s participation in the training course for the course to be approved. The critical phases of the MPL course are the intermediate and advanced phases where airline procedures are particularly important. CASA would want to see the end-user airline involved in these phases of the training course to ensure there is continuity between the training and the airline operation.

While the above issues are relevant and important, forcing a contractual relationship between the airline and the trainee is only feasible if it can be justified on safety grounds. Other risk mitigators have been found which satisfy the concerns raised. If a relationship was to be required, the Act would have had to be amended as there is not current provision that would support such a requirement.

(c) Recognition of MP(A)Ls gained in other countries

Concerns were raised about overseas trained multi-crew (aeroplane) pilots and the quality of their training in the context of them coming to Australia and seeking an Australian MP(A)L. The issue was discussed by the project team and the solution to the issue is to require overseas qualified pilots to have to undergo the same consolidation requirements as a locally trained pilot would be required to complete. Rules for recognising flight crew qualifications issued by other ICAO States are well established as CASA is obliged under the Civil Aviation Act 1988 to recognise these licences. However, CASA would assess each application on its merits taking into account any concerns that might relate to the overseas qualification.

(d) Concerns about the consultation process

Concerns were raised over the process used for consultation on the MP(A)L proposal. The SCC decided the full regulatory development process would be applied to the project apart from the requirement to publish a discussion paper. CASA also agreed to consult with industry for a minimum of 12 months which it has done. Consultation commenced in November 2006.

MPL Trial Course

An MPL Trial Course, approved by CASA, has been conducted by Alteon Training Australia Pty Ltd in Brisbane. The course started in February 2007, finished in November 2008 and trained six student pilots from two Chinese airlines to the qualification standards prescribed in the regulations. CASA has monitored the course and conducted the examinations and flight tests.

The regulations recognise the training course, the theory examinations and the flight tests undertaken by the student pilots as acceptable qualifications for a MP(A)L .

Regulation Impact Statement

The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required as the change appeared to be minor or machinery in nature and did not appear to substantially alter existing arrangements.

Details of the Regulations are attached.

The Act specifies no conditions that needed to be satisfied before the power to make the proposed Regulations was exercised.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.

ATTACHMENT

Details of the proposed Civil Aviation Amendment Regulations 2008 (No. 4 )

 

Regulation 1 - Name of Regulations

Regulation 1 names the amending Regulations as the Civil Aviation Amendment Regulations 2008 (No. 4 ).

Regulation 2 - Commencement

Regulation 2 provides that the Regulations commence on the day after they are registered.

Regulation 3 - Amendment of Civil Aviation Regulations 1988

Regulation 3 provides that Schedule 1 amend the Civil Aviation Regulations 1988.

 

Schedule 1 Amendments

Items [1] and [2] – Subregulation 2 (1), definition of aeroplane pilot licence, paragraph (c)

Items [1] and [2] amend the definition of aeroplane pilot licence to include the new multi-crew pilot (aeroplane) licence (MP(A)L).

Item [3] – Subregulation 2 (1), after definition of movement area

Item [3] inserts the definition of multi-crew (aeroplane) pilot into the regulations. A multi-crew (aeroplane) pilot is a person who holds a MP(A)L .

Items [4], [5] and [6] – Subregulation 2 (1), definition of pilot licence

Items [4], [5] and [6] amend the definition of pilot licence to include the new MP(A)L .

Item [7] – Part 5, Division 3, heading, notes 1 and 2

Item [7] amends the list of terms in the notes to include the new terms multi-crew (aeroplane) pilot and multi-pilot aeroplane.

Item [8] – Paragraph 5.04 (3) (a)

Paragraph 5.04 requires licence holders to hold a particular kind of medical certificate in order to use that licence.

Item [8] adds the MP(A)L to the list of licences for which a class 1 medical certificate is required.

Item [9] – After paragraph 5.08 (m)

Paragraph 5.08 makes provision for persons to apply to CASA for certain licences.

Item [9] adds the MP(A)L to that list.

Item [10] – Paragraph 5.40 (1) (a)

Paragraph 5.40 (1) (a) allows persons holding certain licences to fly an aircraft as pilot acting in command under supervision.

Item [10] adds the MP(A)L to the list of licences for that purpose.

Items [11] and [12] – Paragraph 5.41 (1) (n)

Subregulation 5.41 (1) is a list of theory examinations which CASA may set and conduct that empowers CASA to set and conduct the examinations that are required for the grant of a MP(A)L.

Items [11] and [12] add the MP(A)L theory examination to that list.

Items [13] and [14] – Paragraph 5.41 (3) (f)

Subregulation 5.41 (3) is a list of air law examinations which CASA may set and conduct that empowers CASA to set and conduct examinations that are required for the grant of a MP(A)L.

Items [13] and [14] add the MP(A)L air law examination to that list.

Items [15] and [16] – Paragraph 5.41 (4) (j)

Subregulation 5.41 (4) is a list of flight tests which CASA may set and conduct that empowers CASA to conduct flight tests that are required for the grant of a MP(A)L .

Items [15] and [16] add the MP(A)L flight test to that list.

Items [17] and [18] – Paragraph 5.41 (7) (f)

Subregulation 5.41 (7) is a list of overseas conversion examinations which CASA may set and conduc that empowers CASA to conduct examinations that are required for the grant of a MP(A)L .

Items [17] and [18] add the MP(A)L overseas conversion examination to that list.

Items [19] – Regulation 5.41, at the foot

Item [19] adds a Note that relates the new MP(A)L theory examination and flight test to regulation 5.216.

Items [20] – Paragraph 5.77 (4) (a) and (b)

Regulation 5.77 sets out the qualifications for a Private Pilot (Aeroplane) Licence (PP(A)L). Subregulation 5.77 (4) makes a person qualified to hold that licence if they are qualified to hold a Commercial Pilot (Aeroplane) Licence (CP(A)L) or an Air Transport Pilot (Aeroplane) Licence (ATP(A)L).

Item [20] adds the MP(A)L to the list of qualifying licences in subregulation 5.77(4). The applicant still has to satisfy the flight test and experience prerequisites for the grant of a PP(A)L.

Item [21] – After subregulation 5.104 (4)

Regulation 5.104 sets out the qualifications for a CP(A)L. Subregulation 5.104 (4) makes a person qualified to hold that licence if they are qualified to hold an ATP(A)L.

Item [21] adds the MP(A)L to the list of qualifying licences after subregulation (4). The applicant still has to satisfy the flight test and experience prerequisites for the grant of a CP(A)L. The qualification requirements are prescribed this subregulation and the experience standard is prescribed in regulation 5.116A.

Items [22] and [23] – Regulations 5.115 and 5.116, heading

Items [22] and [23] substitute the headings for regulations 5.115 and 5.116 with more specific headings.

Item [24] – After regulation 5.116

The holder of a MP(A)L is trained to be a co-pilot of a multi pilot aeroplane. Unlike the MP(A)L, a CP(A)L qualifies a pilot to perform the duties of pilot in command in single pilot operations. A multi-crew (aeroplane) pilot therefore needs to learn about and be competent operating as a single pilot.

Item [24] adds a new regulation 5.116A detailing the aeronautical experience requirements a person, qualified to hold a MP(A)L, must satisfy to qualify for a CP(A)L. The requirements ensure the pilot is appropriately qualified for the single pilot operational role.

Item [25] – Subregulation 5.117 (1)

Regulation 5.117 prescribes requirements for cross-country flight time to the CP(A)L aeronautical experience requirements.

Item [25] applies the cross-country flight time experience requirements to the CP(A)L qualifications a person, qualified to hold a MP(A)L, must satisfy.

Item [26] – Regulation 5.118

Regulation 5.118 prescribes how flight time is calculated for the CP(A)L aeronautical experience qualification.

Item [26] applies the calculation to the flight time of a person, qualified to hold a MP(A)L, for the purposes of satisfying the CP(A)L aeronautical experience qualification.

Item [27] – Subregulation 5.119 (3)

Regulation 5.119 prescribes requirements for the CP(A)L flight test.

Item [27] adds the requirements a person, qualified to hold a MP(A)L, must satisfy to take a CP(A)L flight test.

Items [28] and [29] – Paragraph 5.165 (2) (c) after subregulation 5.165 (2) (b)

Regulation 5.165 sets out the qualifications for an ATP(A)L.

Items [28] and [29] make the holder of a MP(A)L eligible to hold an ATP(A)L if they satisfy prerequisites including being the minimum age of 21, being eligible to hold a flight radiotelephony operator licence, meeting the experience standard, hold or be eligible to hold a type endorsement for a multi-pilot aeroplane and hold a command multi-engine aeroplane instrument rating.

Item [30] – After subregulation 5.165 (4)

Item [30] MP(A)L requires a condition to be put on an ATP(A)L if the applicant is qualified to hold the licence but they do not meet the aeronautical experience standard that applies to the holder of a CP(A)L that is relevant to conducting single pilot operations. Such a pilot would be authorised to perform the duties of captain of an aeroplane operated with more than one pilot but not the duties of a captain operating an aeroplane as sole pilot.

Items [31] and [32] – Paragraphs 5.172 (2) (a) and (d)

Regulation 5.172 sets out the aeronautical experience standards for the ATP(A)L.

Items [31] and [32] amend the experience standards to accommodate the MP(A)L by changing the minimum pilot in command flight time standard to a range of experience standards. The new standards are the international standards that are specified in Annex 1 ‘Personnel Licensing’ to the Convention on International Civil Aviation .

Item [33] – Subregulation 5.173 (2)

Regulation 5.173 specifies the calculation of flight time for the purposes of the preceding regulation which specified the minimum aeronautical experience for the ATP(A)L. Paragraph 5.172 (2) (a) includes the pilot in command experience standard. As a result of the change in that paragraph, subregulation 5.173 (2) becomes redundant and should be omitted from the regulations.

Item [33] omits the existing provision in subregulation 5.173 (2).

Item [34] – after Division 18

Item [34] inserts Division 18 in Part 5 of CAR, titled Multi-crew pilot (aeroplane) licence.

Note

A list of terms that are used in Division 18 is inserted at the beginning of Division 18. The terms are defined in regulation 2 and subregulation 5.01 (1).

Regulation 5.206 – Meaning of the following terms: appropriate examination, appropriate flight test and approved course of training

This regulation defines the terms ‘appropriate examination’ and ’appropriate flight test’. The terms are used elsewhere in the regulations and refer to the multi-crew pilot (aeroplane) theory examination referred to in regulation 5.41 (1) (n) and the multi-crew pilot (aeroplane) flight test, which is referred to in paragraph 5.41 (4) (k).

This regulation recognises a MP(A)L theory examination and a multi-crew pilot (aeroplane) flight test that a person who has undertaken the course of training known as the MPL Trial Course conducted by Alteon Training Australia Pty Ltd, which commenced in February 2007, as an acceptable qualification for the MP(A)L.

This regulation defines the term ‘approved course of training’, which is a course approved under regulation 5.215 (2). The regulation also recognises a course of training that was conducted by Alteon Training Australia Pty Ltd which commenced in February 2007 and ended in November 2008.

Regulation 5.207 – What are the qualifications for a multi-crew pilot (aeroplane) licence?

This regulation lists the qualifications for a MP(A)L. To be qualified for a MP(A)L a person needs to:

·                     be at least 18 years old;

·                     hold or be qualified to hold a flight radiotelephone operator licence;

·                     have passed prescribed examinations;

·                     have completed a course of approved training;

·                     have passed the MP(A)L flight test;

·                     hold or be eligible to hold a type endorsement for a multi-pilot aeroplane; and

·                     have prescribed aeronautical experience.

This regulation also recognises equivalent overseas qualifications as acceptable qualifications for a MP(A)L, providing the applicant passes the overseas conversion examination, has the minimum aeronautical experience and demonstrates competence to prescribed standards by passing a flight test or proficiency check.

Regulation 5.208 – What does a multi-crew pilot (aeroplane) licence authorise a person to do?

This regulation prescribes what a person holding a MP(A)L is authorised to do. A multi-crew (aeroplane) pilot is authorised to perform the duties of co-pilot in any operation. The pilot is also authorised to perform the duties of pilot in command in a private operation as long as certain conditions are met. The conditions include having passed the PP(A)L flight test, having the PP(A)L aeronautical experience, and satisfying the PP(A)L recent experience and flight review requirements. The regulation also allows the MP(A)L holder to fly as a single pilot for the purposes of increasing their flying skill.

Regulation 5.209 – What kind of aeroplane may a multi-crew (aeroplane) pilot fly?

To be entitled to fly a particular type of aircraft, a pilot must have completed training and demonstrated competence, at prescribed minimum standards, operating that type of aircraft. Some aircraft types are covered by a specific type endorsement while others are grouped into a class endorsement. The class endorsement allows the pilot to fly any specific type of aircraft included in the class endorsement. If an aircraft type (or class) has a special design feature, pilots flying these aircraft must have also completed training and demonstrated competence in respect of the design feature.

This regulation requires a MP(A)L holder to hold the applicable type or class endorsement in order to fly, as co-pilot, a particular type of aircraft. If the aircraft belongs to a class endorsement and it has a special design feature, the pilot will also need to hold the applicable special design feature endorsement.

The regulation also allows the licence holder to fly an aircraft without holding the applicable type endorsement only if:

·                     the pilot is undertaking dual training, or

·                     the pilot has CASA’s permission to conduct a test flight in the aeroplane, carry out an experiment, or obtain experience for a type endorsement to fly a single place aeroplane.

New regulation 5.210 – Multi-crew (aeroplane) pilot: rating required

Some specialised activities involve additional competencies and operating rules such as flying in all weather conditions compared to flying in clear skies. This activity requires the pilot to hold a particular kind of flight crew rating, which is an instrument rating. There are other specialised activities which have their own flight crew rating.

This regulation requires a MP(A)L holder to hold an appropriate flight crew rating where the flight involves conducting an activity for which a flight crew rating is required.

This regulation also allows the MP(A)L holder to give training to another pilot without holding an instructor rating. This is consistent with similar provisions that apply to other flight crew licences. An approval is only given if CASA is satisfied the pilot is competent to conduct the training within an airline’s training and checking organisation.

This regulation also allows the MP(A)L holder to operate the aircraft at night under the visual flight rules without holding a Night Visual Flight Rules (Night VFR) rating only if the aeroplane is flying within a traffic pattern, the weather conditions are suitable, the licence holder meets the Night VFR handling requirements in an aeroplane, they have satisfied the prescribed night recent experience standard, the flight is conducted under the direct supervision of an authorised flight instructor and there are no passengers in the aeroplane. This provision only applies if the pilot is performing the duties of a private pilot and is seeking a Night VFR rating.

Regulation 5.211 – Multi-crew (aeroplane) pilot: regular flight reviews required

Flight reviews aim to maintain a pilot’s flying skills. A pilot should complete a flight review within a prescribed timeframe preceding the proposed flight. The flight review is the most basic means of maintaining skills. Pilots working within an airline are required to abide by more stringent skill maintenance standards. These pilots are covered by the proficiency checking requirements under CAR 217.

This regulation and new regulation 5.212 set out the minimum standards to be met. This regulation specifies the circumstances when a flight review must have been done and is consistent with the regulations that apply to other licence holders performing the same duties.

Regulation 5.212 – Multi-crew (aeroplane) pilot: aeroplane flight review

This regulation relates to new regulation 5.211 and prescribes what constitutes a flight review and is consistent with the regulations that apply to other licence holders performing the same duties.

Regulation 5.213 – Multi-crew (aeroplane) pilot: recent experience requirements

In addition to the flight review requirements, pilots need to satisfy recent experience requirements. These requirements ensure the pilot maintains their familiarity with operating the aircraft.

This regulation recognises various ways of satisfying recency such as flying the aircraft within the previous 35 days, or completing at least 1 hour of training in an approved synthetic training device within the previous 35 days or completing a proficiency check within the last 90 days.

Another option is for the pilot to successfully participate in an approved cyclic training and proficiency program for the aircraft type, in accordance with Civil Aviation Order 82.

This regulation is consistent with the regulations that apply to other licence holders performing the same duties.

Regulation 5.214 – Aeronautical experience: minimum requirements

This regulation sets out the minimum aeronautical experience standards for being qualified to hold a MP(A)L. The standards are consistent with the standards published by ICAO in Annex 1 of the Chicago Convention.

To be eligible for a MP(A)L, a person needs to complete a course of training made up of at least 240 hours of training time flying as a pilot in registered aeroplanes and synthetic training devices flight time.

The 240 hours needs to include:

·                     at least 40 hours of flight time as pilot of a registered aeroplane; and

·                     at least 10 hours of solo flight time in a registered aeroplane; and

·                     at least 5 hours of cross-country flight time as pilot in command; and

·                      at least 12 take-offs and landings in the same type of aeroplane that is used for the MP(A)L training course and the MP(A)L flight test.

The same flight time counts towards the 40 hours, 10 hours and 5 hours of basic flying experience requirements above.

This regulation allows the 12 take-offs and landings to be reduced to not less than 6 if the training organisation is able to demonstrate to CASA that the reduction would not adversely affect the acquisition of the required skills by the trainee and arrangements exist to ensure that corrective action had been taken if in-training or post-training evaluations were to indicate a need for corrective action.

Regulation 5.215 – Approval of multi-crew (aeroplane) pilot course of training

This regulation relates to regulation 5.207 (1) (d) which requires a candidate for a MP(A)L to complete an approved course of training.

This regulation makes provision for an organisation to apply to CASA to approve a MP(A)L course of training. The regulation gives CASA the power to approve a course based on requirements notified in a Civil Aviation Order (CAO). New regulation 5.216 allows CASA to notify course requirements in the CAO. The regulation allows CASA to approve a course subject to any condition that is in the interests of safety of air navigation.

This regulation allows CASA to include a condition on the approval making it a requirement on the training organisation to provide CASA with information about the performance of trainees undertaking the approved MP(A)L course. This is required to support the ICAO requirement that States provide such information to assist ICAO with moderating the implementation of the MP(A)L and to assist ICAO with making changes to the MP(A)L standards based on the information gathered.

Regulation 5.216 – Requirements for course, theory examination and flight test

This regulation allows CASA to notify, in Civil Aviation Orders, one or more of the following:

·                     specifying requirements for a course for the training of multi-crew (aeroplane) pilots;

·                     setting separate examination parts for a MP(A)L theory examination;

·                     setting a pass mark for a MP(A)L theory examination or examination part;

·                     specifying requirements for a MP(A)L theory examination or examination part;

·                     specifying criteria for eligibility to attempt a MP(A)L flight test;

·                     specifying requirements for a MP(A)L flight test.

Regulation 5.217 – Compliance with conditions of approval of course of training

This regulation makes it an offence of strict liability to contravene a condition of an approval of a course of training, incurring a penalty of 25 penalty units

Regulation 5.218 – what are the requirements for attempting a multi-crew pilot (aeroplane) licence flight test

This regulation requires a person proposing to conduct a MP(A)L flight test to ensure the candidate has met the eligibility standards for attempting the flight test. Contravention of this regulation is an offence of strict liability, incurring a penalty of 25 penalty units.

Items [35] and [36] – Subregulation 174C (1), including the penalty; Subregulation 174C (4)

Regulation 174C prescribes requirements for pilot qualifications for flight at night under the visual flight rules.

Items [35] and [36] amend regulation 174C to improve readability and accommodate the MP(A)L.

Item [37] – Subregulation 297A(1), definition of reviewable decision, after paragraph (q)

Item [37] makes a decision by CASA not to approve a course of training for the MP(A)L reviewable. Subject to subregulation 297A, an application may be made to the Administrative Appeals Tribunal for a review of a decision. This amendment includes the decision to refuse to approve a course of training as one of the reviewable decisions.

Item [38] – Further amendments: references to multi-crew pilot (aeroplane) licence

Item [38] includes references to the MP(A)L in numerous Notes contained in Part 5 of CAR as a consequence of the amendment made in Item [10].