Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:22:p4
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 22 (pt 4/70)
Character Range: 4073004–4075842

(other than an AOC or an aerial work certificate) that is made after the main commencement time.

Subdivision 202.EAA.1.14—Other general transitional matters

202.418  Flight training and checking

When this regulation applies
 (1) This regulation applies in relation to a flight by an aircraft if:
 (a) after the main commencement time, a requirement (the new requirement) under a provision of these Regulations or an instrument made under, or for the purposes of, these Regulations, applies in relation to the flight; and
 (b) the new requirement is in relation to a training or checking event (the new event) that is:
 (i) specified in a determination made for the purposes of subregulation (3); and
 (ii) in relation to a person; and
 (c) a training or checking event (the old event) that is specified in the determination in relation to the new event happened in relation to the person before the main commencement time; and
 (d) the flight occurs:
 (i) after the main commencement time; and
 (ii) before the time (if any) specified in the determination in relation to the new event.

New event taken to have happened
 (2) After the main commencement time, for the purposes of these Regulations or an instrument made under, or for the purposes of, these Regulations, the new event is taken to have happened in relation to the person.

Determination
 (3) CASA may make a written determination for the purposes of this regulation.
Note: A determination made under this subregulation is a legislative instrument: see subsection 98(5AA) of the Act.

Training or checking events
 (4) In this regulation, a training or checking event includes any of the following:
 (a) satisfactory completion of training or education (however described);
 (b) successful completion of a check, a test, a flight review or an assessment of competency (however described);
 (c) obtaining a qualification or certificate;
 (d) completing experience;
 (e) completing a flight or series of flights;
 (f) successfully participating in a training and checking system (however described).

202.418A  Flights in progress
  If a flight of an aircraft begins before the main commencement time but has not ended by that time, then, despite the amending Regulations, the old Regulations continue to apply in relation to the flight.

202.418B  Manuals of Standards may deal with other transitional matters
  For the avoidance of doubt, a Manual of Standards made for a Part under these Regulations may provide for matters of a transitional nature (including prescribing any saving or application provisions) relating to a provision of the Manual of Standards.
Note: If there is an inconsistency between a MOS and a provision of the Act or these Regulations, the provision of the Act or these Regulations prevails to the extent of the inconsistency: see regulation 1.008.