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Australian aircraft during flight time without holding a flight crew
licence, a special pilot licence or a certificate of validation if:
(a) the person:
(i) is accompanied by an authorised flight instructor; and
(ii) is receiving flying training; or
(b) the person is attempting a flight test for the purpose of qualifying
for a flight crew licence; or
(c) the person is being assessed by a chief flying instructor for the
purpose of enabling the instructor to make a determination under
subregulation 5.83 (2) .
[Note A determination under subregulation 5.83 (2) in relation to a person affects
the training that the person must complete to be qualified for a private pilot
(aeroplane) licence.]
Replacement Page Amdt No. 1
September 2003
140 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
5.04 Medical certificate: flight crew licence
(1) Without the permission of CASA, the holder of a flight crew licence
must not perform a duty authorised by the licence if the person does
not hold a current medical certificate that is appropriate to the licence.
Penalty: 50 penalty units.
(1A) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(2) CASA may, on the written or oral application of the holder of a flight
crew licence, permit the holder to perform a duty essential to the
operation of an Australian aircraft during flight time without holding a
current appropriate medical certificate if:
(a) in all the circumstances it is reasonable to allow the holder to
perform the duty without holding the certificate; and
(b) the performance of the duty by the holder without holding the
certificate will not adversely affect the safety of air navigation.
(3) For the purposes of this regulation, a medical certificate is appropriate
to a flight crew licence if:
(a) in the case of an air transport pilot licence, a commercial pilot
licence (other than a commercial pilot (balloon) licence), a flight
engineer licence or a student flight engineer licence—the medical
certificate is a class 1 medical certificate; and
(b) in the case of a commercial pilot (balloon) licence, a private pilot
licence, a student pilot licence or a flight radiotelephone
licence—the medical certificate is a class 1 or class 2 medical
certificate.
[Note 1 Class 1 and class 2 medical certificates are issued under Part 67 of CASR.
Note 2 The medical standards for obtaining each class of medical certificate are set
out in Part 67 of CASR.]
5.05 Medical certificate: certificate of validation
(1) If:
(a) a person holds a certificate of validation for an overseas
authorisation; and
(b) the person is required to hold an overseas medical certificate for
the authorisation to exercise the authority given by the
authorisation in the country in which the authorisation was
issued;
the person must not perform a duty authorised by the certificate of
validation if the person does not hold an overseas medical certificate
for the authorisation that:
(c) is valid; and
(d) is current; and
(e) is not suspended or cancelled.
Penalty: 50 penalty units.
Replacement Page Amdt No. 1
September 2003
Civil Aviation Regulations 1988 141
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
5.06 Medical certificate: special pilot licence
(1) The holder of a special pilot licence must not perform a duty
authorised by the licence if the person does not hold a class 1 or class
2 medical certificate, or an overseas medical certificate, that:
(a) is valid; and
(b) is current; and
(c) is not suspended or cancelled.
Penalty: 50 penalty units.
[Note 1 Class 1 and class 2 medical certificates are issued under Part 67 of CASR.
Note 2 The medical standards for obtaining each class of medical certificate are set
out in Part 67 of CASR.]
(1A) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(2) In this regulation:
overseas medical certificate means a certificate:
(a) issued by the responsible authority of the Contracting State that
issued the overseas pilot licence used by the holder of a special
pilot licence to qualify for that licence; and
(b) that indicates that the holder of the certificate meets the medical
　
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