Part 61 regulations

CASA recently released the to-become-law copy of Part 61 and now is the time to study it before it becomes active. It has a number of subtle changes that will affect flight training. The new part is written in legal language and is not as user-friendly as one might have hoped for.

It is not possible in this column to cover all the changes Part 61 will bring with it, but a few are worthwhile noting and commenting on.

ATOs will be replaced by flight examiners. An ATO is a delegate of CASA, which means if the ATO screws up, CASA can get sued. The new flight examiners will be freelance so to speak, but will be granted ratings in order to conduct flight tests.

This ATO to flight examiner change was mooted by CASA some years ago and rejected by the then ATOs. It will mean an ATO will probably have to carry risk insurance to cover the possibility of someone trying to sue the flight examiner for a perceived wrongdoing. Insurance means a higher test fee.

Flight instructors will need to have a flight report in the student records within seven days. The records are to be retained by the instructor for seven years! Regulation 61. 1230 says instructor, not organisation. To date, records have never been retained by the instructor, only by the training organisation. What happens when the instructor moves or leaves flying? Is he supposed to have a storage facility for old records, and for seven years? As background, ATSB and CASA are keen to be able to back-track the flight training records of a subject pilot.

For budding instructors there is no requirement to have a NVFR ticket as in the past. At present an instructor candidate has to have the NVFR before completing the course and prior to that, before starting the instructor course. Now it will only be a requirement when a Grade 3 instructor wants to become a Grade 2.

Flight reviews are to test the highest rating the candidate holds. If the candidate holds a NVFR or multi-engine rating then that must be tested. The instructor conducting the flight review is to send a report to CASA within 14 days advising the outcome. No doubt CASA will need additional staff to process the increased flow of paperwork.

There will now be a glider pilot licence. In part, this will help those glider pilots who wish to fly overseas. Student pilots cannow commence training at age 15 – previously it was 16. The new student age will mean an instructor will have to obtain an approval to work with children under 18 years old. At whose expense? The private pilot licence will now cover flight in all airspaces. At present it is still possible to obtain an OCTA licence.

A recreational aviation pilot can also start training at age 15 and be eligible for a recreational pilot licence at age 16.

Design features will now include multi-engine centreline thrust and gas turbine.

In the lead-up to the release of the new regulations CASA had indicated the system of grades one, two and three for instructor levels was to be deleted so that the local system would be much like the American system with no grading.

The regulations to be active on December 4 have retained the three grades of instructor levels. To become an ATPL one will have to take a test in a multi-engine aircraft that is turbine-powered. A flight simulator may be an option. All training and checking pilots are to also hold an instructor rating. One presumes this means a number of current C&T pilots will have to become instructors.

Regulations for Part 141 and 142 flight schools will also become active in December and they too have changes that will need to be understood by instructors and flight schools. There will be a Manual of Standards for the fine detail of the various regulations.

CASA has said it will be holding seminars to explain the new regulations and how they will operate. No dates or venues have yet been advised.

Indeed, it has been said CASA staff in general do not have an understanding of the new regulations and how they will operate.

The new Part 61 regulations will take some time to fully understand and use. And be advised that just finding the new regulations can be an issue.

Finally, the ATSB website recently ran an article on the use & effectiveness of ELTs. Well worth a read by all pilots.

Contact Dave by email: flyer02@optusnet. com. au

The new regulations are said to align Australia with international standards.