Consultation Draft CASR Part 141 –
Recreational, private and commercial, non integrated training organisations
Briefing document – November 2011
Introduction
CASA believes the most effective way of achieving safety in aircraft operations is to ensure
pilots receive organised and structured competency based training conducted by qualified and
competent instructors. A regulatory framework is necessary to underpin Australia’s reputation as
a high quality flight training industry. CASR Part 61of CASR 1998 requires training for the grant
of flight crew licences, ratings and some endorsements, and for aircraft categories other than
Balloons to be conducted by an operator authorised under CASR Part 141 of CASR 1998 or
CASR Part 142 of CASR 1998. CASA is currently considering the option of including the
requirements for licensing and operation of Airship aircraft in CASR Part 131 of CASR 1998.
Part 141 of CASR 1998 sets out a simple organisational and operational framework that CASA
believes is necessary for operators to conduct flight training, other than integrated flight training,
in aircraft or flight simulation training devices (FSTD) for the grant of Recreational, Private and
Commercial pilot licences, ratings and endorsements granted under Part 61. The aforementioned
flight crew qualifications authorise the holder to conduct single pilot flight operations in less
complex aircraft. Part 141 also consolidates and replaces the existing legislation for operators
conducting flight training in aircraft specified in the Civil Aviation Act 1988, Civil Aviation
Orders and in the CASA Manual for Air Operator Certification (AOCM).
Australia is a signatory to the Chicago Convention. The applicable standards prescribed in the
International Civil Aviation Organization (ICAO) Standards and Recommended Practices
(SARPs) Annex 1 – Personnel Licensing have been adopted to the maximum extent possible,
taking the Australian aviation operating environment into account.
CASR Part 141 operators will not be authorised to conduct integrated flight training which will
be regulated in CASR Part 142. CASA expects to publish a consultation draft of CASR Part 142
in the first week of December 2011.
The following information is provided to highlight the significant changes proposed with the
introduction of Part 141.
Impact on Industry
While Part 141 incorporates a number of changes, the impact on industry is not considered to be
significant.
Part 141:
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addresses training for the grant of recreational, private and commercial licences and other
single pilot flight crew qualifications (does not extend to integrated training);
does not require an AOC but requires an Authorisation. The removal of the requirement for
an operator to hold both an Air Operator’s Certificate (AOC) and an Authorisation to
conduct flight training in an FSTD’s will also eliminate some compliance costs. This is
because the Authorisation is intended to cover both; and
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simplifies the administrative and organisational requirements for operators conducting flight
training, is not onerous and should not require significant changes by industry to comply.
Operators may elect to utilise training plans and other course materials provided by CASA at
http://www.casa.gov.au/scripts/nc.dll?WCMS:STANDARD::pc=PC_91336 that will reduce the
costs associated in seeking a Part 141 of CASR 1998 Authorisation to conduct that kind of
training.
Part 141 has been written in such a way to enable the offence-creating provisions of the Part to be
enacted as strict liability offences.
Changes
Current legislation requires an operator that conducts flight training operations in aircraft to hold
an AOC and requires compliance with provision in the Civil Aviation Act. Part 141 prescribes the
requirements for the grant of an Authorisation for an operator that conducts flight training
operations in aircraft or FSTD’s. That change reduces the administrative burden for both CASA
and operators conducting training in aircraft and FSTD’s to hold both an AOC and a separate
Authorisation.
An application submitted by an operator to conduct flight training operations authorised under
Part 141 must include an Exposition. The Exposition must include all the information specified in
the regulations and describe how the operator intends to comply with relevant regulations. In
addition the exposition must set out the training activities the operator proposes to conduct for
flight crew qualifications granted under Part 61. CASA must assess the operators Exposition for
compliance against the specified requirements, and may issue a Part 141 Authorisation with
training specifications included in a schedule that define the type of training the operator is
authorised to conduct.
Part 61 will also introduce a Manager of Flight Training qualification that may be granted to the
holder of a flight instructor rating. Part 141 requires the Head of Operations to hold this
qualification unless otherwise approved by CASA. Part 141 will not require the Head of
Operations, previously Chief Flying Instructor, to be approved by CASA to act in the role. Where
an operator changes the person nominated as the Head of Operations the operator must reflect the
change in its exposition and notify CASA within a prescribed period.
The CEO is accountable for all CASR Part 141 organisational matters. While the CEO can
delegate responsibilities the CEO remains accountable.
For small operators, a person may be nominated in the Exposition to more than one key position,
other than the Safety Manager. To ensure the effectiveness of the safety management system the
Safety Manager must be independent. The Safety Manager reports directly to the CEO.
The Head of Operations is responsible for the safety and quality of all flight training activities
conducted by the operator and may delegate some responsibilities to other qualified personnel
where appropriate.
Part 141also introduces the requirement for aircraft operators to have a Safety Management
System (SMS) or a Quality System for operators of FSTD’s, CASA will provide guidance
material to assist operators in the implementation of a SMS that promotes the safety of aircraft
operations and maintain the standard of flight training activities.
Briefing Document: Consultation Draft CASR Part 141 – Recreational, private and commercial, non integrated training organisations Page 2 of 3 Regulation 2 of the Civil Aviation Regulations (1988) currently defines conversion training for
the grant of an aircraft endorsement as a private operation which may be conducted by a flight
instructor or approved person not associated with an AOC.
Part 61 of CASR 1998 prescribes class ratings for less complex single pilot certified aircraft and
type ratings for more complex aircraft including multi-crew certified or turbojet powered
aeroplanes, most helicopters and any other aircraft CASA specifies in the interests of safety. The
introduction of class ratings will require pilots to receive some general competency training to
ensure they are safe to conduct a flight in an aircraft included within a class rating. The general
competency training does not need to be conducted under the authority of a CASR Part 141
operator but must be conducted by a person authorised under Part 61 of CASR 1998. All training
for multi-crew aircraft type ratings and other multi-crew flight crew qualifications must be
conducted by an operator authorised under Part 142 of CASR 1998.
Part 141 operators will not be authorised to conduct courses of integrated training or training for
the grant of a multi-crew pilot licence, Air Transport Pilot Licence or multi-crew certified aircraft
type ratings granted under Part 61.
Part 141 of CASR 1998 requires an operator to provide in their exposition, training plans and
syllabuses for the training they propose to conduct. The operator may elect to use training plans
and syllabuses provided by CASA as an alternative to developing their own. This may reduce the
cost of compliance for operators.
Consultation
Part 141 has been subject to extensive previous industry/public consultation, commencing with a
NPRM published in 2003.
There has been ongoing discussion with industry since that time, culminating in industry and
internal CASA review in early 2011.
This draft of Part 141 is provided for industry and public comment before proceeding to
rulemaking and the NFRM.
Closing date for comments
The closing date for comments on draft Part 141 is 17 February 2012
Advice for providing comments.
In cases where comments relate to a regulatory provision, it would be appreciated if the provision
details are included with the comments, for ease of reference and consideration by CASA.
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