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Pilot Certificates (Sport Aviation Bodies) Direction 2019

pdf Pilot Certificates (Sport Aviation Bodies) Direction 2019

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CASA 61_19 - Pilot Certificates (Sport Aviation Bodies) Direction 2019.pdf

Pilot Certificates (Sport Aviation Bodies) Direction 2019

Background

CASA has become aware of situations in which, after CASA has cancelled under regulation 269 of CAR a flight crew licence held by a person, the person applies to a sport aviation body for the grant of a pilot certificate, which would enable the person to continue to fly the same aircraft the person was flying under the licence. If the person can continue to exercise flying privileges, albeit under the auspices of the sport aviation body, this would in effect circumvent the regulatory action taken by CASA against the person. The directions, issued under the instrument, address this anomaly and other analogous situations.

Purpose

The purpose of the instrument is:

  1. to prevent a person who holds a flight crew licence, and a pilot certificate granted by a relevant sport aviation body from exercising aircraft flying privileges, under the auspices of a relevant sport aviation body, if the person becomes the subject of regulatory action by CASA or the Court, under the Civil Aviation Act 1988 (the Act) or the Civil Aviation Regulations 1988 (CAR), in relation to the flight crew licence; and
  2. to prevent a person who applies to a relevant sport aviation body for a pilot certificate from exercising aircraft flying privileges, under the auspices of a relevant sport aviation body, if the person is, or has been, the subject of regulatory action by CASA or the Court, under the Act or CAR, in relation to a flight crew licence held by the person; and
  3. to prevent a person who applies to a relevant sport aviation body for a pilot certificate from exercising aircraft flying privileges, under the auspices of a relevant sport aviation body, if, before the date of the application for a pilot certificate: the person applied for a flight crew licence; and CASA decided to refuse to grant the licence for reasons that include that the criterion mentioned in paragraph 11.055 (IA) (e), or paragraph 11.055 (IB) (b), of CASR was not satisfied.

A direction issued, under the instrument, to a relevant sport aviation body does not apply if CASA has given an approval under the instrument to the body, which overrides the direction.