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The purpose of this Subpart is to empower the Director to issue requirements in a notice in respect of flight training or persons performing an aircraft operation or aviation activity in an aircraft under rule 61.365.
(a) After complying with rule 61.367, the Director may issue a notice under this Subpart in relation to the operation and use of an aircraft for the following—
(1) the training required before a person can manipulate the controls or fly an aircraft solo in a particular aircraft type:
(2) a person performing a particular operation or aviation activity in an aircraft:
(3) the nature of training specified in paragraph (1) including minimum training, training syllabi and flight hours:
(4) the requirements for dual instruction, including the nature of dual instruction:
(5) the requirements for recording the required training in the pilot logbook:
(6) the person who provides training specified in paragraph (1):
(7) the eligibility and other requirements for flight instructors to conduct the training specified in paragraph (1):
(8) the eligibility and other requirements for flight examiners to assess the training specified in paragraph (1).
(b) If a pilot with an existing type rating for an aircraft is required to undergo further instruction, training or assessment in relation to the type rating, the pilot cannot exercise the privileges of that type rating until the pilot has complied with the requirements specified in the notice.
(c) Any person specified in a notice referred to in paragraph (a) as having to comply with a requirement in the notice must comply with that requirement.
Before issuing or amending a notice referred to in rule 61.365, the Director must—
(1) conduct a safety review to assess the risk to aviation safety of the operation of an aircraft giving rise to particular safety concerns by taking into account—
(i) relevant safety information concerning the operation of a particular aircraft type or the operation of aircraft in particular conditions; and
(ii) information about how ICAO or other ICAO Contracting States are responding to the risk; and
(iii) any other information that the Director considers may be relevant; and
(2) consult publicly by publishing the initial or amended notice on the CAA website; and
(3) consider—
(i) if the aircraft manufacturer or other party can mitigate or eliminate any identified risk to aviation safety; and
(ii) whether, if the actions identified under paragraph(i) are taken, the risks to aviation safety will be managed to a level the Director considers appropriate; and
(4) determine, after conducting the safety review, if requirements in a notice should be issued because—
(i) there is a significant risk to aviation safety regarding the make and model of the aircraft, including the operation of the aircraft in particular conditions; and
(ii) the risk may be managed by the pilot of the aircraft undergoing instruction, training or assessment additional to those required under this Part before a student pilot is authorised to manipulate the controls of the aircraft or make a solo flight, or a pilot licence is endorsed with a type rating, or a pilot with an existing licence or type rating can fly the aircraft.
The Director must, as soon as practicable after issuing or amending or revoking a notice referred to in rule 61.365, publish on the CAA website—
(1) the notice; and
(2) the reasons for the notice.
(a) A notice made under rule 61.365 comes into force on the date specified by the Director.
(b) In determining the date of a notice, the Director must provide reasonable time for affected parties to be made aware of the notice before it comes into force.
(a) The Director may amend a notice made under rule 61.365 at any time.
(b) Rules 61.367, 61.369 and 61.371, with the necessary modifications, apply to any amendment.
(c) Despite paragraphs (a), and (b), rules 61.367 and 61.371(b) do not apply to any amendment or correction that is minor and non-controversial.
The Director may revoke a notice made under rule 61.365 at any time if the Director is satisfied that rule 61.367 is no longer necessary after having consulted publicly.
(a) The Robinson safety awareness training conditions first issued under section 21 of the Civil Aviation Act 1990 on 29 October 2015 and last amended on 28 June 2017 are deemed to be requirements made under rule 61.365(a) and to have met the requirements of rule 61.367.
(b) The requirements referred to in paragraph (a) continue in force despite the expiry of the warrant under section 21 of that Act, until amended, or revoked and replaced under this Subpart.
