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him or her to carry out the activity in that capacity in the
aeroplane; or
(b) in dual flying—unless the holder is receiving training in carrying
out the activity from a person approved by CASA under
regulation 5.20 to give flying training in relation to the rating, or
grade of rating.
(2) The holder of a private pilot (aeroplane) licence may fly as pilot in
command of an aeroplane at night under the V.F.R. without holding an
aeroplane grade of night V.F.R. rating, if:
(a) the aeroplane is flying in a traffic pattern; and
186 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(b) weather conditions in the traffic pattern are such that the flight
can be conducted as a V.F.R. flight; and
(c) an authorised flight instructor has made an entry in the holder’s
personal log book to the effect that the holder has satisfied the
night V.F.R. handling requirements in an aeroplane; and
(d) the holder has, within 90 days before the day of the flight, carried
out:
(i) at least 3 take-offs and 3 landings at night while flying an
aeroplane under the V.F.R. as pilot in command; or
(ii) at least 1 take-off and 1 landing at night while dual flying in
an aeroplane under the V.F.R.; and
(e) the holder conducts the flight under the direct supervision of an
authorised flight instructor; and
(f) there are no passengers in the aeroplane.
(3) If the holder of a private pilot (aeroplane) licence is approved under
regulation 5.21 to give aeroplane conversion training, the licence
authorises the holder to give the training without holding a flight
instructor rating:
(a) in an aeroplane for which the holder also holds an aircraft
endorsement; and
(b) to a person who holds an aeroplane pilot licence.
5.81 Private (aeroplane) pilot: regular flight reviews required
(1) A private (aeroplane) pilot must not fly an aeroplane as pilot in
command if the pilot has not, within the period of 2 years immediately
before the day of the proposed flight, satisfactorily completed an
aeroplane flight review.
Penalty: 50 penalty units.
(2) An aeroplane flight review must be conducted only by an appropriate
person and, unless the person otherwise approves having regard to the
circumstances of the case, must be conducted in:
(a) an aeroplane:
(i) of the type in which the pilot flew the greatest amount of
flight time during the 10 flights the pilot undertook as pilot
in command immediately before the flight review; and
Civil Aviation Regulations 1988 187
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(ii) unless the type of aeroplane mentioned in subparagraph (i)
is a single place aeroplane—that is fitted with fully
functioning dual controls; and
(iii) unless the type of aeroplane mentioned in subparagraph (i)
is a single place aeroplane or is not fitted with wheel
brakes—that is fitted with dual control brakes; or
(b) an approved synthetic flight trainer appropriate to the type of
aeroplane mentioned in subparagraph (a) (i) .
[Note For appropriate person see subregulation (8).]
(3) If:
(a) a private (aeroplane) pilot undertakes an aeroplane flight review;
and
(b) the requirements of subregulation (2) are not satisfied in relation
to the review;
the pilot is taken not to have satisfactorily completed the review.
(4) If a private (aeroplane) pilot satisfactorily completes an aeroplane
flight review, the person conducting the review must make an entry in
the pilot’s personal log book to the effect that the pilot has
satisfactorily completed the aeroplane flight review.
Penalty: 10 penalty units.
(4A) An offence against subregulation (1) or (4) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(5) A private (aeroplane) pilot who, within the period of 2 years
immediately before the day of the proposed flight, has:
(a) passed a flight test conducted for the purpose of:
(i) the issue of an aeroplane pilot licence; or
(ii) the issue, or renewal, of an aeroplane pilot rating; or
(b) satisfactorily completed an aeroplane proficiency check; or
(c) satisfactorily completed aeroplane conversion training given by
the holder of a grade of flight instructor (aeroplane) rating that
authorises him or her to conduct aeroplane flight reviews;
is taken to have satisfactorily completed an aeroplane flight review.
(6) For the purposes of paragraph (5) (b), a private (aeroplane) pilot is not
taken to have satisfactorily completed an aeroplane proficiency check
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