Document ID: chunk:federal_register_of_legislation:F2025C00162:body:0:p24
Version: federal_register_of_legislation:F2025C00162
Segment Type: other
Provision Reference: 
Character Range: 59635–62334

CASR to conduct, and who is conducting, a flight test or a proficiency check in the aircraft;
(d) an officer of CASA whose duties include conducting, and who is conducting, a flight test or a proficiency check in the aircraft.
Note   An officer, defined in the Act, means a member of the staff of CASA.
       (3) The only persons who may be on board an aircraft for a flight mentioned in subsection (2) (the relevant flight) are the following:
(a) the pilot in command who is conducting the relevant flight test or proficiency check;
(b) the person who is undertaking the relevant test or check;
(c) one passenger (the observer) who is observing the relevant test or check, being a person who is:
           (i) where the flight is a flight test or a proficiency check — undertaking an approved course of training for the flight examiner rating (the FER); or
          Note   Approved means approved by CASA. An approved course includes a course conducted by CASA.
           (ii) where the flight is a proficiency check — undergoing training, to qualify as a check pilot, within the training and checking system of an operator to whom Part 119 or Part 138 of CASR applies; or
           (iii) where the flight is a test or a check — an officer of CASA who is receiving on-the-job training that involves the observation of flight tests or proficiency checks;
(d) where the flight is in a rotorcraft conducting a simulation (other than verbally) of an emergency or abnormal situation (as mentioned in subparagraph 91.725(2)(b)(ii)), that is, or is part of, a flight test or a proficiency check — one air crew member, but only if the pilot in command is satisfied that the person's presence on board the rotorcraft is essential for the safe conduct of the test or check.
Note 1   The effect of paragraph 35(3)(c) is that not more than one observer may be on board. However, if paragraph 35(3)(d) applies then, for a rotorcraft, in addition to one observer, one air crew member may also be on board.
Note 2   For paragraph 35(3)(d), the expression "simulation (other than verbally) of an emergency or abnormal situation", as mentioned in subparagraph 91.725(2)(b)(ii) of CASR, is taken to encompass the rotorcraft simulations mentioned in regulations 91.715, 91.765 and 91.775.

36 Further conditions that apply to exemptions under sections 28, 29, 30, 31, 32, 33 and 34
       (1) In this section:
sterile cockpit procedures means any procedures requiring the persons piloting an aircraft to refrain from non-essential activities during critical phases of flight.
       (2) For an observer who is not an officer of CASA, the pilot in command of an aircraft mentioned in a relevant section (the pilot