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standard set by the responsible authority of the State.
5.07 Medical certificate: flight tests and assessments
(1) A person who does not hold a flight crew licence, a special pilot
licence or a certificate of validation must not:
(a) attempt a flight test for a flight crew licence; or
(b) undertake an assessment with a chief flying instructor for the
purpose of enabling the instructor to make a determination under
subregulation 5.83 (2);
if the person does not hold a class 1 or a class 2 medical certificate.
Penalty: 50 penalty units.
[Note A determination under subregulation 5.83 (2) in relation to a person affects
the training that the person must complete to be qualified for a private pilot
(aeroplane) licence.]
(2) An approved testing officer may conduct a flight test for the issue of a
flight crew licence, or for the issue, or renewal, of a flight crew rating,
only if the person attempting the test:
(a) holds a current class 1 or class 2 medical certificate; or
(b) holds:
(i) a certificate of validation, or a special pilot licence; and
(ii) a current overseas medical certificate for the overseas
authorisation he or she used to qualify for the certificate of
validation or licence.
Replacement Page Amdt No. 1
September 2003
142 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(3) A chief flying instructor may conduct an assessment of a person for
the purpose of making a determination under subregulation 5.83 (2)
only if the person:
(a) holds a current class 1 or class 2 medical certificate; or
(b) holds:
(i) a certificate of validation, or a special pilot licence; and
(ii) a current overseas medical certificate for the overseas
authorisation he or she used to qualify for the certificate of
validation or licence.
Penalty: 50 penalty units.
(4) An offence against subregulation (1), (2) or (3) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
5.08 Flight crew licence: application
Subject to Division 18, a person may apply to CASA, in writing, for
the issue of 1 or more of the following licences:
(a) a flight radiotelephone operator licence;
(b) a student pilot licence;
(c) a private pilot (aeroplane) licence;
(d) a private pilot (helicopter) licence;
(e) a private pilot (gyroplane) licence;
(f) a commercial pilot (aeroplane) licence;
(g) a commercial pilot (helicopter) licence;
(h) a commercial pilot (gyroplane) licence;
(i) a commercial pilot (balloon) licence;
(j) a commercial pilot (airship) licence;
(k) an air transport pilot (aeroplane) licence;
(m) an air transport pilot (helicopter) licence;
(n) a student flight engineer licence;
(o) a flight engineer licence;
(p) a restricted flight engineer licence.
[Note Division 18 empowers CASA to issue a pilot licence (called a special pilot
licence in these Regulations) to the holder of an overseas pilot licence who does not
satisfy the qualification requirements for the licence. Special pilot licences can be
used only in private operations.]
Replacement Page Amdt No. 1
September 2003
Civil Aviation Regulations 1988 143
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
5.09 Flight crew licence: issue and refusal
(1) Subject to subregulation (2), CASA must issue a flight crew licence to
an applicant if, and only if, the applicant:
(a) possesses a knowledge of the English language that is sufficient
to enable him or her to exercise safely the authority given by the
licence; and
(b) is qualified to hold the licence; and
(c) is a fit and proper person to hold the licence.
(2) CASA must not issue a 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 a licence; or
(b) does not satisfy the requirements of subregulation (1) .
(3) In deciding whether an applicant for a licence is a fit and proper
person to hold the licence, CASA must only take into account:
(a) any action taken by CASA, or a responsible organisation, in
relation to any authority to perform duties essential to the
operation of an aircraft during flight time 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 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).
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