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5.195F When may an unlicensed person perform the duties of a
restricted flight engineer?
A person who:
(a) meets the requirements of paragraphs 5.195A (1) (a) and (b); and
(b) does not hold a restricted flight engineer licence;
may perform the duties of a restricted flight engineer if:
(c) the person is undertaking a restricted flight engineer proficiency
check; or
(d) the person:
(i) is accompanied by a check flight engineer or by a training
flight engineer; and
(ii) is undertaking training as a restricted flight engineer.
282 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
Division 18 Special Pilot Licence
[Note 1 The following terms used in this Division are defined in regulation 2:
overseas pilot licence responsible organisation
pilot licence special pilot licence.
Note 2 The term aircraft endorsement is defined in subregulation 5.01 (1).]
5.196 Application of Division
This Division has effect in spite of anything to the contrary in the rest
of this Part.
5.197 Issue of special pilot licence to overseas licence holder
A person who holds a valid and current overseas pilot licence may
apply to CASA for the issue of a pilot licence, other than a
commercial pilot (balloon) licence.
5.198 Special pilot licence: issue and refusal
(1) Subject to subregulation (2), CASA must issue a pilot licence to an
applicant under regulation 5.197 if, and only if, the applicant:
(a) is at least 17 years old; and
(b) possesses a knowledge of the English language that is sufficient
to enable him or her to carry out safely the authority given by the
licence; and
(c) is a fit and proper person to hold the licence; and
(d) holds a valid overseas pilot licence:
(i) that is current; and
(ii) that is not suspended or cancelled; and
(iii) that is the equivalent of the pilot licence for which the
applicant has applied.
(2) CASA must not issue a pilot licence to a person if the person:
(a) has knowingly or recklessly made a false or misleading statement
in relation to the person’s application for the licence; or
(b) does not satisfy the requirements of subregulation (1).
(3) In deciding whether an applicant is a fit and proper person to hold a
pilot licence, CASA must only take into account:
(a) any action taken by CASA, or a responsible organisation, in
relation to any authority to fly aircraft that was given to the
applicant by CASA or the organisation; and
(b) any other matter that relates to the safety of air navigation.
(4) An applicant for a pilot licence must disclose to CASA information of
which the applicant is aware and that is relevant to a matter that
CASA must take into account under subregulation (3).
Penalty: 25 penalty units.
Civil Aviation Regulations 1988 283
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(5) In subregulation (4), strict liability applies to the physical element that
CASA must take a matter into account under subregulation (3).
Note For strict liability, see section 6.1 of the Criminal Code.
(6) If CASA decides not to issue the licence, it must give the applicant
notice of the reasons for that decision.
(7) For the purposes of this regulation, an overseas pilot licence is the
equivalent of a pilot licence if, in the country in which it was issued,
the overseas pilot licence would authorise the holder to perform the
same duties in aircraft of the same category in the same operations as
the pilot licence authorises.
5.199 Licence may be subject to conditions
(1) CASA may issue a special pilot licence subject to any condition that is
necessary in the interests of the safety of air navigation.
(2) A condition must be set out:
(a) on the licence; or
(b) in Civil Aviation Orders under regulation 303.
(3) A person must not contravene a condition subject to which his or her
licence is issued.
Penalty: 50 penalty units.
(3A) An offence against subregulation (3) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(4) Nothing in this Part limits the effect of a condition to which a licence
is subject under subregulation (3).
5.200 Aircraft endorsements
(1) If CASA issues a special pilot licence to a person, it must also issue to
the person the aircraft endorsements that authorise the person to fly the
types of aircraft that he or she is authorised to fly by the overseas pilot
licence or an associated qualification.
(2) In this regulation:
associated qualification means a qualification (whether it is called a
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