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the cancellation.
5.37 Flight engineer training
(1) A person must not, during flight time in an aircraft, give training in
carrying out the duties of a flight engineer if the person is not a check
flight engineer or a training flight engineer.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
5.38 Further examination of holders of flight crew licence etc.
(1) If CASA considers it necessary in the interests of the safety of air
navigation, CASA may give the holder of a flight crew licence, a
special pilot licence, a certificate of validation, a flight crew rating or
an aircraft endorsement, notice in writing:
(a) requiring the holder to undertake an examination specified by
CASA to demonstrate that the holder continues to possess the
aeronautical skills and aeronautical knowledge appropriate to the
licence, certificate, rating or endorsement; and
(b) setting out the reasons for CASA’s decision; and
(c) setting out the time and place of the examination.
Note A decision to require a person to undertake an examination is reviewable by
the Administrative Appeals Tribunal — see regulation 297A.
(1A) CASA must not set out a time under paragraph (1) (c) that is within 21
days after the date of the notice.
(2) A person who is given a notice under subregulation (1) must not:
(a) refuse to undertake an examination; or
(b) fail to attend at the time and place set out in the notice.
Penalty: 25 penalty units.
160 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(3) An offence against subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(4) It is a defence to a prosecution under paragraph (2) (b) if the
defendant had a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter in
subregulation (4) (see subsection 13.3 (3) of the Criminal Code).
5.40 Pilot acting in command under supervision
(1) A person may fly an aircraft as pilot acting in command under
supervision only if:
(a) the person holds:
(i) a commercial pilot licence or an air transport pilot licence;
or
(i) a certificate of validation that has effect as if it were a
commercial pilot licence or an air transport pilot licence;
and
(b) the person holds an aircraft endorsement that authorises him or
her to fly the aircraft as pilot in command; and
(c) if the person proposes to carry out an activity for which a flight
crew rating is required—the person holds a flight crew rating, or
grade of flight crew rating, that permits him or her to carry out
that activity as pilot in command of the aircraft concerned; and
(d) the person is the co-pilot of the aircraft; and
(e) the operator of the aircraft permits the person to fly the aircraft as
pilot acting in command under supervision; and
(f) the pilot in command of the aircraft is appointed for the purpose
by the operator of the aircraft.
Penalty: 10 penalty units.
(2) The operator of an aircraft may permit a person to fly an aircraft as
pilot acting in command only if:
(a) the person holds:
(i) a commercial pilot licence, or an air transport pilot licence,
that authorises him or her to fly the aircraft; or
(ii) a certificate of validation that has effect as if it were such a
licence; and
(b) the person holds an endorsement that authorises him or her to fly
the aircraft as pilot in command; and
(c) if the person carries out an activity for which a flight crew rating
is required—the person holds a flight crew rating, or grade of
flight crew rating, that permits him or her to carry out that
activity as pilot in command of the aircraft concerned.
Penalty: 10 penalty units.
(3) An offence against subregulation (1) or (2) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
Civil Aviation Regulations 1988 161
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
5.41 Flight crew licence: CASA may set tests and examinations
(1) CASA may set and conduct the following theory examinations:
(a) air transport pilot (aeroplane) licence theory examination;
(b) air transport pilot (helicopter) licence theory examination;
(c) basic flight engineer theory examination;
(d) commercial pilot (aeroplane) licence theory examination;
(e) commercial pilot (airship) licence theory examination;
(f) commercial pilot (balloon) licence theory examination;
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