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Aviation Legislation > Personnel Licensing > Flashcards

Personnel Licensing Flashcards

1
Q

Which parts of CASR does flying training fall under?

A

141 & 142

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2
Q

What does part 141 of CASR refer to?

A

Non-integrated training for a:

  • recreational pilot licence (RPL)
  • private pilot licence (PPL)
  • commercial pilot licence (CPL)
  • single pilot aircraft ratings
  • operational ratings not involving multi-crew operations
  • specified type aircraft rating.
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3
Q

What does non-integrated training refer to?

A

Smaller training schools not affiliated with universities and has less structured training.

A flight training operation only that conducts these activities does not need to apply for an AOC.

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4
Q

What does part 142 of CASR apply to?

A

Integrated training for:
- multi-crew flight training activities
- contracted recurrent training
- contracted checking
- integrated training for a PPL, CPL, air transport pilot licence (ATPL) and multi-pilot crew licences (MPL)
- training for aircraft type ratings other than those that are listed as Part 141 training.

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5
Q

What is integrated training?

A

Usually full time structured training.

A flight training organisation conducting activities under part 142 will require an AOC.

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6
Q

Do either part 141 or 142 require obtaining a training certificate from CASA?

A

Yes. Both.

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7
Q

What is the Chief Pilot also known as?

A

Head of Flight Operations (HOFO)

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8
Q

Who must approve the Chief Pilot or HOFO and why?

A

Section 28(3) of the Civil Aviation Act 1988.

The Chief Pilot is identified as one of the key personnel of an air operator’s certificate.

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9
Q

Can an organisation exercise the privileges of an AOC without an approved chief pilot?

A

No.

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10
Q

Where are the SARP for licensing of aviation personnel (including ATC) found?

A

Annex 1 - Personnel Licensing of the Chicago Convention 1944

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11
Q

What is a licensing authority?

A

The Authority designated by a Contracting State as responsible for the licensing of personnel.

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12
Q

What are the duties of a licensing authority?

A
  1. assessment of qualifications to hold a licence and ratings,
  2. issue and endorsement of licence and ratings,
  3. designation and authorisation of approved person,
  4. approval of training courses,
  5. approval of the use of synthetic flight trainers and their use to gain experience or demonstrating a skill required for the issue of a licence and/or rating and,
  6. Validation of licences issued by other Contracting States
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13
Q

Where are the requirements and standards for the issue of flight crew licences, ratings and other authorisations found?

A

CASR part 61

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14
Q

Who must conduct all training for the grant of a part 61 license?

A

A holder of a part 141 or part 142 certificate

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15
Q

CASR 61 also directs that a Manual of Standards be issued that sets out the standards for what?

A
  • knowledge required for the grant of a licence, rating or endorsement,
  • flight training, and
  • aviation and general English language proficiency
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16
Q

Who is the designated licensing authority in Australia?

A

CASA

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17
Q

What is CASA responsible for under CASR part 65?

A
  • the initial issue of an ATC licence
  • amending a licence to add additional ratings
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18
Q

What delegated powers does airservices have under part 65 of CASR?

A

issue renewals to
existing ratings

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19
Q

What are the eligibility requirements of an ATC license?

A

CASR 65.070

  1. Age 18+
  2. Hold a Class 3 Medical
  3. Has successfully completed both theoretical and practical components of a training course
  4. Has passed Rating and Endorsement examinations
  5. Meets Endorsement competency standards in a formal setting
  6. Meets language proficiency requirements
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20
Q

What are the classes of medical certificate?

A

Class 1
Class 2
Class 2 Basic
Class 3
RAMPC

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21
Q

Who requires a Class 1 Medical Certificate?

A

Anyone with or seeking a:
- air transport pilot licence
- commercial pilot licence (other than balloons)
- multi-crew pilot (aeroplane) licence
- flight engineer licence
- student flight engineer licence.

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22
Q

How long is a Class 1 Medical valid?

A

Generally one year.

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23
Q

Who requires a Class 2 Medical Certificate?

A

Anyone holding or seeking a:
- recreational pilot licence
- private pilot licence
- commercial pilot (balloon) licence.

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24
Q

How long is a Class 2 Medical valid?

A
  • 4 years if you are under 40 years on the day of your medical examination
  • 2 years if you are over 40 years.
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25
Q

What restrictions apply to commercial pilots under a Class 2 Medical?

A

Commercial pilots with a Class 2 medical certificate can only fly commercial flights without passengers if the maximum take-off weight is less than 8618 kg.

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26
Q

Which class of medical certificate must students learning to fly have before they are permitted to fly solo?

A

Class 2 or Basic Class 2

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27
Q

Who is a Basic Class 2 Medial Certificate for?

A

Anyone seeking or holding:
- recreational pilot licence
- private pilot licence.

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28
Q

What restrictions apply to a Basic Class 2 Medical?

A
  • only private day operations under the visual flight rules (VFR) and below 10,000 feet
  • a maximum of 5 passengers
  • only piston engine aircraft
  • maximum take-off weight (MTOW) of less than 8618 kg
  • no use of operational ratings (such as instructor rating or instrument rating)
  • no use of flight activity endorsements (for example, aerobatics and low level).
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29
Q

When do Basic Class 2 restrictions not apply?

A

If a qualified pilot with a valid Class 1 or Class 2 medical certificate is in the control seat.

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30
Q

Who can issue a Basic Class 2 Medical?

A

Any medical practitioner who does medicals for commercial motor vehicle drivers.

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31
Q

Who requires a Class 3 Medical?

A

Anyone holding or seeking:
- air traffic control license
- flight service officer license

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32
Q

How long is a Class 3 Medical valid?

A

2 years, unless otherwise advised

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33
Q

Where a condition is placed on a Class 3 Medial Certificate in accordance with CASR part 6 what else must occur?

A

The holder’s Air Traffic Control license is to be annotated to reflect the condition.

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34
Q

What is an RAMPC?

A

Recreational Aviation Medical Practitioner’s Certificate

An easier alternative for a recreational pilot license.

Cheaper and the application process is easier than that for Class 1 and Class 2 certificates.

The standards are the same as those for Austroads unconditional private driver’s license

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35
Q

What restrictions apply to an RAMPC?

A
  • only single engine piston aircraft (fixed wing or helicopter) with a maximum take-off weight of 1500 kg or less
  • only day operations under the visual flight rules (VFR) and below 10,000 feet
  • no more than one passenger on board
  • no acrobatic flight.
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36
Q

Where are the ATC competencies found?

A

CASR 61 Chapter 5

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37
Q

How long is an ATC license valid in Australia?

A

Perpetually.

38
Q

What are the privileges of ATC license holders?

A

To provide and supervise the provision of air traffic services appropriate to the ratings held.

Before exercising these privileges, the licence holder shall be familiar with all pertinent and current information

39
Q

What are the categories of ATC rating and where is this information found?

A

CASR 65.075

  • aerodrome control rating
  • approach control rating
  • approach radar control rating
  • area control rating, and
  • area radar control rating
40
Q

What are the conditions to carry out the an ATC function?

CASR 65.035

A

A person may carry out an air traffic control function in Australian territory if, at the time the person carries out the function:
(a) he or she holds an ATC licence with a rating for the function and an endorsement
(b) for the place where, or the airspace in relation to which, he or she carries it out; and
(c) the licence, rating and endorsement are in force; and he or she:
i. satisfies the recency and currency requirements in relation to the endorsement; and
ii. satisfies the currency requirement in relation to the rating, and
(d) he or she holds a Class 3 medical certificate.

41
Q

What does CASR 65.045 state?

A

(1) A person who is not authorised to do so by sub-regulation 65.035 (1) must not carry out an air traffic control function in Australian territory.

(2) A person to whom sub-regulation 65.035 applies must not carry out an air traffic control function in Australian territory if the person is not acting under the supervision of a person who meets the requirements of sub-regulation 65.035.

42
Q

Explain the function of a holder each category of ATC rating.

A

Aerodrome: to provide, or supervise the provision of, aerodrome control service (including traffic information, flight information and alerting services) for the aerodrome for which the licence holder holds an endorsement

Approach: to provide, or supervise the provision of, approach control service (including traffic information, flight information and alerting services) for the airspace for which the licence holder holds an endorsement

Approach Radar: to provide, or supervise the provision of, approach control service (including traffic information, flight information and alerting services) with the use of radar or another surveillance system for the airspace for which the licence holder holds an endorsement.

Area: to provide, or supervise the provision of, area control service (including traffic information, flight information and alerting services) for the airspace for which the licence holder holds an endorsement.

Area Radar: to provide, or supervise the provision of, area control service (including traffic information, flight information and alerting services) with the use of radar or another surveillance system for the airspace for which the licence holder holds an endorsement.

43
Q

How long is an ATC rating valid?

A

12 months - CASR 65.115 (1)

44
Q

When shall an ATC rating become invalid?

A

When an ATC has ceased to exercise the privileges of the rating for a period determined by the licensing authority.

This period shall not exceed 6 months.

CASR 65.115 (1)

45
Q

What is an endorsement?

A

A qualification indicating that the person has been assessed as competent in providing Air Traffic Services relevant to a particular operating position

CASR 65.115 (2)

46
Q

What three criteria need to be met for an endorsement to be valid?

A
  • recency in operating the position
  • valid rating within the past 12 months
  • recency in having demonstrated proficiency at the position in the last 6 months.
47
Q

How is the currency requirement satisfied?

A

CASR 65.030

(1) The holder of an ATC licence or a flight service licence satisfies the currency requirement in relation to an endorsement at a particular time if:
a. within the previous 12 months, he or she has passed, to the standard required by the Manual of Standards, an examination in the subject-matter specific to the endorsement; and
b. within the previous 6 months, his or her performance of the relevant function at the aerodrome, or in relation to the airspace, to which the endorsement relates, has been assessed as satisfactory.

48
Q

How is the recency requirement satisfied?

A

CASR 65.025

(1) The holder of an ATC licence or a flight service licence satisfies the recency requirement in relation to an endorsement at a particular time if he or she has performed the duties required by the relevant function at the aerodrome or in relation to the airspace to which the endorsement relates, for at least 5 hours within the previous 21 days.

49
Q

When shall the privileges of the licence, authority or ratings shall not be exercised?

CAR 105

A

Where the holder of an ATS licence suffers an incapacity resulting from an illness or injury (even if only temporary or minor in nature) that is likely to impair the controller’s performance, the privileges of the licence, authority or ratings shall not be exercised for the duration of the incapacity.

50
Q

What does CASR 67.270 state?

A

The holder of an ATC license must not do an act authorised by the license if they are suffering a medically significant condition, and the condition has the result that his or her ability to do the act is impaired.

51
Q

What must occur if an ATC license holders impairment lasts more than 30 days?

CASR 67.270 (3) & (4)

A

if an ATC license holder’s impairment lasts for 30 days or more the holder must not do an act authorised by the licence until a DAME gives a certificate to the holder to the effect that the person‘s ability to do such acts is no longer impaired.

52
Q

What is considered a Medically Significant Condition?

A

CASR 67.010

  • any illness or injury;
  • any bodily infirmity, defect or incapacity;
  • any mental infirmity, defect or incapacity;
  • any sequela of an illness, injury, infirmity, defect or incapacity
  • any abnormal psychological state; and
  • drug addiction and drug dependence; and
  • for a woman — pregnancy and the physiological and psychological consequences of pregnancy or of termination of pregnancy
53
Q

Who issues an Aircraft and Aeronautical Mobile Station Class License?

A

The Australian Communications Authority (ACA)

54
Q

What does an Aircraft and Aeronautical Mobile Station Class License authorise?

A

The operation of a range of aeronautical radio communications and radio navigation equipment fixed to, or carried on-board, all aircraft including recreational aircraft.

55
Q

True or False: Airservices Australia owns all HF and VHF frequencies used in civil aviation.

A

True

56
Q

Who must approve all frequency assignments in the aviation band?

A

Airservices Australia

57
Q

Do all transmitters require an individual identification or callsign?

A

Yes

58
Q

What are transmitters to be used for?

A
  • The safe and expeditious conduct of flight
  • An emergency
59
Q

Define Aeronautical Mobile Radio Service

A

A radio service between aircraft radio stations and land stations and between two or more aircraft radio stations.

60
Q

Air-ground Control Station

A

An aeronautical telecommunication station having primary responsibility for handling communications pertaining to the operation and control of aircraft in a given area.

61
Q

Define Aircraft Station

A

A mobile station in the aeronautical mobile service, other than a survival craft station, located on board an aircraft.

62
Q

Define Air-Ground Communications

A

Two-way communication between aircraft and stations or locations on the surface of the earth.

63
Q

Define Readback

A

A procedure whereby the receiving station repeats a received message or an appropriate part thereof back to the transmitting station so as to obtain confirmation of correct reception.

64
Q

Define Primary Frequency

A

The radiotelephony frequency assigned to an aircraft as a first choice for air-ground communication in a radiotelephony network.

65
Q

Define a Secondary Frequency

A

The radiotelephony frequency assigned to an aircraft as a second choice for air-ground communication in a radiotelephony network.

66
Q

What is an AROC and who requires it?

A

An Aeronautical Radio Operator Certificate.

Required by anyone who needs to communicate on an aviation air-band radio frequency and is not already licensed or qualified

67
Q

What is the holder of an AROC authorised to do?

A
  1. Transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation.
  2. Make the transmission only if the holder has a current aviation English language proficiency assessment.
68
Q

What does Part 64 of the Civil Aviation Safety Regulations set out?

A

The privileges of, and outlines the requirements a person must satisfy to be granted, an authorisation to operate an aeronautical radio.

The owner of a radio-communication system used to ensure the safety of air navigation, but not installed in, or carried on, an aircraft:
a. must not operate the radio-communication system if he or she is not the holder of a certificate or licence.
b. must not permit the operation of the radio-communication system by a person who is not the holder of a certificate or licence.

A person must not operate, for the purpose of ensuring the safety of air navigation, a radio-communication system that is:
a. not installed in, or carried on, an aircraft; or
b. installed in, or carried on, an aircraft that is on the ground; if the person does not hold:
c. an aircraft radiotelephone operator certificate of proficiency; or
d. a flight radiotelephone operator licence; or
e. a licence issued under the Radio-communications Act 1992 that authorises the holder of the licence to operate a radio-communication system of the kind concerned.

69
Q

What does regulation 65.065 set out?

A

(1) a person may operate, for the purpose of performing an air traffic control function or a flight service function, a radio-communication system used for the purpose of ensuring the safety of air navigation but not installed in or carried on an aircraft.

(2) This subregulation applies to the following:
a) a person who may, under regulation 65.035, carry out an air traffic control function or, under regulation 65.050, carry out a flight service function in Australian territory;
b) a person who is engaged by an ATS provider (whether or not as an employee), and who is acting in the course of his or her duties.

(3) For paragraph (2)b, ATS provider means an ATS provider that is approved to provide a flight information service.

70
Q

Is a person entitled to carry out an air traffic control function required to hold an additional license to enable the use of ground-based radio-communications equipment?

A

No.

71
Q

When is a carrier (airline) liable for death, wounding, or bodily harm sustained by a passenger?

A

When the cause of the damage occurred either on the aircraft or during the act of embarking or disembarking.

72
Q

When is the carrier liable for damage to baggage or cargo?

A

When the occurrence which caused the damage occurred during carriage by air.

Carriage by air is defined as when the baggage is in the charge of the carrier.

73
Q

What is strict liability and which convention imposes it?

A

A claimant has only to prove they suffered damage, rather than prove the airline was at fault.

Damages payable by the airline is limited to a fixed maximum.

This is imposed by the Warsaw Convention 1929

74
Q

How is liability affected if a carrier is in breach of the Warsaw convention?

A

The limit to damages payable becomes unlimited.

75
Q

What is the current limit on liability under the Warsaw Convention?

A

$100,000 USD per person.

76
Q

When and by which act was the Warsaw Convention ratified in Australia?

A

Civil Aviation (Carrier’s Liability) Act 1959

77
Q

Other than ratify the Warsaw Convention, what did the Civil Aviation (Carrier’s Liability) Act 1959 do?

A

Established a similar liability system for domestic carriers.

The current limit for domestic flights is AUD $500,000 per person. This was raised from $180,000 per person in 1993.

78
Q

What are the general principles influencing aviation insurance?

A
  • The nature of aviation is such that a sudden shift in the risk factors with a highly safe situation changing quickly into a dangerous situation,
  • it is more difficult to assist aircraft passengers than passengers in other modes of transport,
  • total hull losses are common in aviation,
  • the qualifications of the aircraft commander are significant and,
  • the nature of the operation (high risk undertakings) and reputation of the operator are important.
79
Q

Is there an international agreement which limits the liability of Air Traffic Service providers?

A

No. Air Traffic Controllers are governed by the same civil and criminal laws as the rest of society.

In the event of an accident, it is the Controller’s employer that is more likely to be sued as the employer has the resources to pay damages that may be awarded by a court.

A claimant will need to prove an ATC was at fault and damages will not be limited.

80
Q

When is an action of negligence shown?

A

When the following is true:

a. a duty of care exists;
b. that duty of care was breached;
c. damage resulted from the breach.

81
Q

What is the duty of care in an ATS context?

A

A duty to take reasonable care to give all such instructions and advice as may be necessary to promote the safety of aircraft.

82
Q

What two cases have influenced duty of care for Air Traffic Controllers?

A

Nichols v. Simmonds and Commonwealth 1975

Skyways Pty Ltd and Navair Pty Ltd v. Commonwealth 1974

83
Q

With regards to duty of care, what obligations are there on Air Traffic Controllers?

A

a) air traffic controllers are obliged by law to maintain an adequate lookout and safe separation between aircraft. Controllers must take reasonable care and give all instructions and advice as is necessary to advance the safe operation of aircraft within their area of responsibility,

b) the duty of care exists between the controller and pilot, both positions have an expectation of the other in as far as the duty of care exists

c) the duty of care exists for all aircraft in the controller’s area

84
Q

Which conventions have been ratified by the Crimes (Aviation) Act 1991?

A

a) Convention on Offences and Certain Other Acts Committed on Board Aircraft, Tokyo 1963, the Tokyo Convention,
b) Convention for the Suppression of Unlawful Seizure of Aircraft at The Hague 1970, the Hijacking Convention
c) Convention for the Suppression on Unlawful Acts Against the Safety of Civil Aviation, Montreal 1971, the Sabotage Convention.

85
Q

What are the key pieces of legislation that apply to Airservices’ obligations?

A
  • Air Services Act 1995, which requires Airservices to exercise its powers and perform its functions in a manner that ensures the environment is protected from the effects of, and the effects associated with, the operation and use of aircraft;
  • Airports Act 1996 (and associated Regulations), which regulates activities undertaken at ‘airport sites’ and imposes environmental standards at airports;
  • Environment Protection and Biodiversity Conservation Act 1999, which prohibits the taking of certain actions that will or will likely have a significant impact on the environment without approval from the Commonwealth Environment Minister
86
Q

Who assesses all proposals for airspace and air route changes?

A

The CASA Office of Airspace Regulation

87
Q

When must a proposed airspace or air route be reassessed?

A

When the proposal has been modified.

When over 12 months have passed since the proposal was last assessed.

88
Q

At what point after departure should the pilot of a VFR flight set Area QNH?

A

Just prior to the top of the climb.

89
Q

In what circumstances may ATC issue a special VFR clearance?

A

By day, when VMC do not exist, at pilot request and providing an IFR flight will not be unduly delayed in either the CTR or a CTA next to the CTR.

90
Q

How is NGT VFR LSALT determined?

A

1000ft above the highest obstacle on the ground or water within 10NM ahead of, and to either side of, the aircraft at that point on the route or route segment.

91
Q

When determining LSALT, what tolerances are applied to:
1. conventional RNAV systems
2. RNP2

A
  1. 30NM either side of track
  2. 5NM either side of track
92
Q

When may an IFR aircraft be flown lower than a published or calculated LSALT?

A
  1. When being assigned levels in accordance with radar terrain clearance procedures
  2. When being flown in accordance with a published DME arrival procedure
  3. When necessary during climb after departure from an aerodrome
  4. By day during VMC

Aviation Legislation (4 decks)

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