Proposed flight operations miscellaneous amendments - Tranche 1 - (CD 2605OS)
Exemptions and directions relating to complying with Part 121, 133, 135 and 138 rules during private operations
Current requirements
Throughout the development of the flight operations regulations (FOR), CASA consulted extensively with industry on the interrelationship between Part 91 of the Civil Aviation Safety Regulations 1998 (CASR) and Parts 121, 133, 135 and 138 of CASR. This led to the development of regulation 91.035 of CASR, which contains a table that turns off elements of Part 91 of CASR when a an alternative specified section of Part 121, 133, 135 or 138 is applicable to the flight.
Closer to the commencement of the FOR, operators conducting Part 121, 133, 135 and 138 operations under an air operator’s certificate or aerial work certificate asked CASA to allow for the reverse situation to occur. This would allow operators, when conducting private flights that are not air transport or aerial work, to comply with certain Part 121, 133, 135 or 138 regulations on specified topics instead of the relevant Part 91 regulations.
CASA agreed with this request provided the Part 121, 133, 135 or 138 regulations offered an equivalent or greater level of aviation safety than the relevant Part 91 regulation. This regulatory flexibility enabled operators to use the same operational procedures for their crew members and other operational safety-critical personnel.
The exemptions contained in the legal instrument sections mentioned in the fact bank below facilitated this outcome on a temporary basis.
Applicable exemptions and direction instruments
CASA EX69/24 - Part 121 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2024
- Part 3 - Exemptions from Part 91 and related directions
CASA EX70/24 - Part 133 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2024
- Part 3 - Exemptions from Part 91 and related directions
CASA EX71/24 - Part 135, Subpart 121.Z and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2024
- section 10 - Use of Part 135 flight-related documents,
- section 11 - Application of Part 135 fuel requirements,
- section 12 - Application of Part 135 fuelling requirements,
- section 13 - Application of Part 135 passenger safety briefings,
- section 14 - Application of Part 135 performance requirements,
- section 15 - Application of Part 135 weight and balance requirements,
- section 16 - Application of Part 135 equipment requirements.
CASA EX72/24 - Part 138 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2024
- section 11 - Application of Part 138 fuelling safety procedures instead of Part 91 fuelling requirements – persons on, boarding, or disembarking from, aircraft
- section 13 - Application of Part 138 performance requirements instead of Part 91 performance requirements — exemption and direction
- section 14 - Application of Part 138 weight and balance requirements instead of certain Part 91 weight and balance requirements