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Penalty: 25 penalty units.
(5) For subregulation (4), strict liability applies to the physical element
that CASA must take the matter into account under subregulation (3).
Note For strict liability, see section 6.1 of the Criminal Code.
5.10 Notice of decision to issue or refuse licence
(1) CASA must, in writing, notify an applicant for a flight crew licence of
CASA’s decision in relation to the application.
(2) If CASA decides not to issue the licence, CASA must include in the
notice a statement of the reasons for that decision.
5.11 Licence may be subject to conditions
(1) CASA may issue a flight crew licence subject to any condition that is
necessary in the interests of the safety of air navigation.
(2) A condition must be set out:
(a) in the notice under subregulation 5.10 (1); or
(b) on the licence; or
(c) in Civil Aviation Orders under regulation 303.
144 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(3) A person must not contravene a condition subject to which his or her
licence is issued.
Penalty: 50 penalty units.
(3A) An offence against subregulation (3) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(4) Nothing in this Part limits the effect of a condition to which a licence
is subject under subregulation (1).
5.12 Duration of licence
A flight crew licence remains in force until it is suspended or
cancelled.
5.13 Flight crew rating: application
The holder of a flight crew licence, a special pilot licence or a
certificate of validation may apply to CASA for the issue of 1 or more
of the following flight crew ratings:
(a) an agricultural pilot (aeroplane) rating of one of the following
grades:
(i) grade 1;
(ii) grade 2;
(b) an agricultural pilot (helicopter) rating of one of the following
grades:
(i) grade 1;
(ii) grade 2;
(c) a flight instructor (aeroplane) rating of one of the following
grades:
(i) grade 1;
(ii) grade 2;
(iii) grade 3;
(d) a flight instructor (helicopter) rating of one of the following
grades:
(i) grade 1;
(ii) grade 2;
(e) a flight instructor (gyroplane) rating of one of the following
grades:
(i) grade 1;
(ii) grade 2;
(f) a flight instructor (balloon) rating;
(g) an instrument rating of one of the following grades:
(i) command (multi-engine aeroplane);
(ii) command (single engine aeroplane);
(iii) co-pilot (aeroplane);
(iv) command (multi-engine helicopter);
(v) command (single engine helicopter);
(vi) co-pilot (helicopter);
Civil Aviation Regulations 1988 145
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(ga) a private I.F.R. rating of one of the following grades:
(i) multi-engine aeroplane grade;
(ii) single-engine aeroplane grade;
(iii) multi-engine helicopter grade;
(iv) single-engine helicopter grade;
(h) a night V.F.R. rating of one of the following grades:
(i) aeroplane;
(ii) helicopter;
(iii) gyroplane;
(iv) balloon;
(v) airship;
(i) a night V.F.R. agricultural rating of one of the following grades:
(i) aeroplane;
(ii) helicopter.
5.14 Flight crew rating: issue and refusal
(1) CASA may give directions in Civil Aviation Orders setting out
requirements for the issue of a flight crew rating, or grade of flight
crew rating, to a person.
(1A) The Orders may include:
(a) the flight tests that must be passed by the person; and
(b) any other requirements that must be satisfied by the person; and
(c) any other condition that must be satisfied by, or in relation to, the
person.
(2) Subject to subregulation (3), CASA must issue a flight crew rating, or
grade of flight crew rating, to a qualified person, or renew the person’s
rating, or grade of rating, by entering the rating, or grade of rating, in
the person’s personal log book only if:
(a) the person has passed the necessary flight tests; and
(b) the person satisfies the other requirements; and
(c) any other condition to be met by, or in relation to, the person has
been met;
for the issue, or renewal, of a rating, or grade of rating.
(3) CASA must not issue a flight crew rating, or grade of flight crew
rating, to a person, or renew the person’s rating, or grade of rating, if
the person:
(a) has knowingly or recklessly made a false or misleading statement
in relation to the person’s application for a rating, or grade of
rating; or
(b) does not satisfy the requirements of subregulation (2).
　
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