Document ID: chunk:federal_register_of_legislation:F2024L00136:body:0:p11
Version: federal_register_of_legislation:F2024L00136
Segment Type: other
Provision Reference: 
Character Range: 25756–28618

conducting authorised Part 141 flight training of a recreational pilot licence applicant or rating applicant undertaking the authorised Part 141 flight training, and the operator's head of operations, are exempt from compliance with regulation 141.210 of CASR to the extent that the regulation requires them to ensure that the applicant is eligible under regulation 61.235 of CASR to undertake a flight test if the operator, or the head of operations, as the case may be:
(a) has sighted the applicant's record of class 5 medical self-declaration; and
(b) is satisfied with assurances given by the applicant that the applicant has not been required to surrender that record of class 5 medical self-declaration by the condition mentioned in subsection 21(2); and
(c) is satisfied that the flight test is conducted before the renewal date specified in the applicant's record of class 5 medical self-declaration.
       (2) The exemption in subsection (1) is subject to the Part 141 operator being satisfied that the recreational pilot licence applicant or rating applicant concerned will comply with the conditions mentioned in subsection 22(1), section 23 and subsection 24(1).

19 Exemption — certain Part 142 operators and their head of operations
       (1) A Part 142 operator conducting an authorised Part 142 activity of a recreational pilot licence applicant or rating applicant who flies an aircraft as pilot in command is exempt from compliance with regulations 142.245 and 142.365 of CASR to the extent mentioned in subsection (2).
       (2) The operator conducting the authorised Part 142 activity is exempt to the extent that regulation 142.365 of CASR requires the operator not to permit the recreational pilot licence applicant or rating applicant to fly an aircraft as pilot in command in the conduct of an authorised Part 142 activity for the operator unless the applicant is authorised under Part 61 of CASR to fly the aircraft as pilot in command if the operator:
(a) has sighted the applicant's record of class 5 medical self-declaration; and
(b) is satisfied that the flight test is conducted before the renewal date specified in the applicant's record of class 5 medical self-declaration; and
(c) is satisfied with assurances given by the applicant that the applicant has not been required to surrender that record of class 5 medical self-declaration by the condition mentioned in subsection 21(2).
Note   See also subsections 15(1) and 16(1). The combined effect of those subsections exempts a Part 142 operator conducting an authorised Part 142 activity of a recreational pilot licence applicant or rating applicant, and the operator's head of operations, from compliance with regulation 142.245 of CASR to the extent that the regulation requires the operator or head of operations to ensure that the applicant is eligible under regulation