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Pilot Certificates (Sport Aviation Bodies) Direction


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This new instrument requires pilots who have had their licence cancelled, suspended or varied by CASA to notify any Sport Aviation Body (SAB) from which they hold (or intend to hold) a pilot certificate. The SAB is then obliged to suspend a pilot certificate unless CASA has provided written approval. The content of the instrument has been drafted to closely align with legislation that currently exists under Civil Aviation Safety Regulation (CASR) Part 149.

 

Does this mean a pilot Certificate holder who also holds a Part 61 Licence could have his/her Pilot Certificate suspended if the Part 61 Licence medical was changed or declined in anyway?

 

 

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How about a very precise answer of MAYBE with a huge *

 

1. if your LICENCE is cancelled/suspended/varied by CASA the instrument comes into operation

 

2. does the suspension/cancellation/expiry of your medical  cancel/suspend/vary the LICENCE ?? or just mean that you cannot exercise the licence?

 

Hmmm - would really have to look into that which is why you get a MAYBE

 

The HUGE * is that the current RAAus ops manual DOES NOT give the OPs Manager the actual power to cancel/suspend or vary your RAAus pilots certificate ... but we are getting a new OPs Manual and we can expect that the Ops Managers powers to be expanded to align with what CASA instruments require. 

 

The only power to suspend of cancel a pilots cert is in 2.14 of the Ops manual and that can't be triggered by the operation of the instrument.

 

 

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If your licence was cancelled, suspended or varied is the wording. I interpret that as being something to do with the licence. The medical is not part of the licence, it is something you have to have to be able to make use of your licence.

 

No doubt CASA will say it means what they say it means, but as It stands I would say it is a separate issue.

 

CASA rule writing is hard to understand, mainly where it has "and" in the rule, where it may mean what I think or equally it may mean something else.

 

 

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My reading of the explanatory notes is it covers pilots who are subject to regulatory action. If one is unable to renew their medical they would not be subject to regulatory action unless they were caught flying a registered aircraft.

 

 

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Part 5 (1) infers that this Direction only applies to those who have a pilot's licence issued by CASA and at the same time a certificate issued by RAAus. 

 

Obviously, CASA is going to inform a pilot that their licence is cancelled, suspended or varied, and from then on the pilot cannot fly a VH aircraft. However, CASA has now put the onus on the pilot who also holds a certificate, to inform RAAus. On receipt of that notification, RAAus must cancel, suspend or vary the certificate. 

 

If a pilot only holds a certificate issued by RAAus, then the Direction does not apply. Leaving misconduct in the operation of aircraft aside, I suggest that a pilot would only have to notify RAAus if the pilot's physical health would cause the cancellation or suspension of a driver's licence. 

 

 

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 I suggest that a pilot would only have to notify RAAus if the pilot's physical health would cause the cancellation or suspension of a driver's licence. 

 

Is there a clause in the operations manual that requires this? 

 

 

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Is there a clause in the operations manual that requires this? 

 

No.  The RAAus medical declarations are not required to be declared to RAAus when they are not met ... but 

 

1. You can’t exercise your certificate privileges if you are not compliant with the Med reqs

 

2. If you are medically unfit for more than 7 days you are reqd to provide clearance notice to RAAus to make your medical active again.

 

3. To renew your membership and certificate you make declarations and if you’re 75 or above you have to provide written declarations 

 

but it nowhere is it a requirement to notify RAAus of becoming medically unfit you just must stop exercising your certificate privileges until you are fit again and have complied with doc notices to RAAus if they apply.  

 

Would be be really nice and useful if RAAus ops manager provided simple Q&As on things like this to help members comply with not just safe flight but legal flight. 

 

 

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If your licence was cancelled, suspended or varied is the wording. I interpret that as being something to do with the licence. The medical is not part of the licence, it is something you have to have to be able to make use of your licence.

 

No doubt CASA will say it means what they say it means, but as It stands I would say it is a separate issue.

 

CASA rule writing is hard to understand, mainly where it has "and" in the rule, where it may mean what I think or equally it may mean something else.

 

I'd agree. It sounds like if you do something stupid in a VH aircraft (low flying etc ) and you loose your licence you must advise any sport aviation organisation you have any other certificate with so they can decide what to do with you. Sounds reasonable to me.

 

 

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" I suggest that a pilot would only have to notify RAAus if the pilot's physical health would cause the cancellation or suspension of a driver's licence. "

 

Unlike the British pilot licence.

 

Everybody knows, you cannot drive a vehicle if blind.

 

BUT. The Blind Brits fly on, with a Long Long white cane.

 

spacesailor

 

 

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Is there a requirement that we have to notify RAAus if we are medicaly unfit?

 

I am not aware of one.

 

Only if you are an instructor it would seem from the Raaus webpage.

 

 

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I can't believe that some of you can't see what is going on.

 

CASA has already legislated to ensure that there is no bleed off from GA to RAA due to either misconduct or medical issues.

 

The SAO being RAA in the case of this discussion already has strict liability in this regard through the introduction of Part 149 and the MOS to Part 149.

 

Why do you think that apart from RAA all the other SAO's didn't want to go down the pathway of Part 149 because it boarders on being oppressive and illegal.

 

Part 149 is a totally different animal to that which CASA initially advised was going to be introduced.

 

The only way that we can pull ourselves out of the quicksand that is sucking our aviation interests from us is to push for a level playing field for all private operations in Australia.

 

That includes all things from medicals to regulations.

 

Think about it things have not improved they have only worsened for aviators in the private sector and they won't get better until there is a concerted push by the industry for a level playing field, right across the board.

 

This push is coming and that is why the stakeholders in the industry are now joining together under one banner to bring all this situation to an end and bring back some sanity and freedom to private aviation in Australia.  What is needed is less operational costs, lest red tape and more user friendly legislation based on sensible decision making and not government policy making through an out of control delegate.

 

It is my humble opinion at this time that the only SAO that will end up operating under P149.

 

If you don't think so before you make uninformed comment read Part 149 and the MOS in the entirety of each document cross referencing the 2 documents and you may then understand the situation a little better.

 

Also review the AOPA opposition and the SAAA opposition to the 2 tier playing field that presently exists.

 

Inform yourselves and maybe just maybe you will become one of the converted. 

 

Rick-p   

 

 

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It is my humble opinion at this time that the only SAO that will end up operating under P149.

 

Did you mean "It is my humble opinion at this time that the only SAO that will end up operating under P149 will be RAAus"?

 

 

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