Part 61
Part 61
It must be remembered that in the Commercial Pilot Licence examination all of the content
of both RPL and PPL air law will be examined again. In fact a large proportion of the ques-
tions on air law will be on the topics already covered in these lower levels. Make sure you are
thoroughly familiar with the content for these levels before you sit the examination.
Not surprisingly the CPL exam will also include questions on those areas that are particularly
relevant to commercial operations. These include:
Classification of operations:
In this section we will discuss these topics in particular and then revise the other areas of air
law from RPL and PPL.
(a) Act as pilot in command, any aircraft in any operation, other than:
(i) a multi-crew aircraft in a charter or regular public transport operation; or
(ii) an aeroplane certificated for single-pilot operation, that has a maximum
certificated take-off weight of more than 5,700 kg, in a regular public transport
operation; or
(iii) a turbojet aeroplane with a maximum certificated take-off weight of more than
3,500 kg in a regular public transport operation.
Also, when you fly you must have the following documents with you -
(i) Your pilot licence. [CASR 61.415]
(ii) Your medical certificate. [CASR 61.415]
(iii) A photo identification. [CASR 61.420]
Remember however that even though you may hold a CPL, you cannot exercise the privileges
of that licence unless you also -
(i) hold a category rating for the category of aircraft concerned.
[Category means fixed wing, helicopter, balloon, gyroplane etc CASR 61.015].
(ii) hold a class rating for the class of aircraft concerned.
[Class means single or multi engine CASR 61.020].
(iii) hold any design feature endorsements required for the aircraft concerned.
[Design feature endorsements include retractable undercarriage, constant
speed propeller, pressurisation etc CASR 61.760].
(iv) Hold a type rating, if required, for the aircraft concerned.
[Your class rating allows you to fly any single or multi engine aircraft except
for some specific types of single or multi engine aircraft which require a
specific type rating CASR 61 definitions and CASR 61.755.]
(v) have completed a flight review on the category and class of the aircraft
concerned.
[In the previous 24 months you must have successfully completed a flight
review or flight proficiency check CASR 61.400].
You cannot carry passengers in an aircraft of a particular category unless, within the last 90
days you have;
(i) Carried out a flight that included at least 3 take-offs and three landings in an
aircraft of that category; or
(ii) successfully completed a flight check or flight review in an aircraft of that
category; or
(iii) passed a flight test that included at least one landing, for a pilot licence or
rating; or
(iv) you are participating in your operator's approved training and checking system.
CASR 61.395
This CAO will come into force in 2016. In the meantime, operators may continue to operate
under the old CAO 48 which we have just considered, or choose one of the systems outlined
in Appendix 1 to Appendix 6 of this new CAO 48. For simplicity we will assume that your
operator has decided to comply with the requirements of Appendix 1. This is the most basic
example which would include a typical light VFR charter and or training organisation.
The full CAO 48 Instrument 2013 may be downloaded from the CASA web site, however
here are some of the main points of difference.
Rest Period. Whereas the old CAO 48 describes a rest period as being a period during which
you are relieved of all duties associated with your employment, the new CAO 48 describes
two different rest periods [containing 'sleep opportunities'] depending on whether you are
located at your home base or are away from home base.
Firstly, in any 24 hour period, you must have had 12 hours off duty and that 12 hour period
must have contained a period of sleep opportunity.
If you are at your home base, you cannot be called to duty unless within the previous 12 hours
you have had at least 8 hours of sleep opportunity.
If you are away from your home base, you cannot be called to duty unless within the previous
10 hours you have had at least 8 hours of sleep opportunity. Note that in this case, you would
still need the 12 hours off duty, but the sleep opportunity would have to be during the last 10
hours of that 12 hour period.
Also you must be given at least 2 days off duty [not necessarily consecutively] in any seven
day period. What was called a tour of duty in the old CAO is called a flight duty period
[FDP] in the new CAO.
Your FDP must commence after 7.00 am and finish before 10.00 pm local time and be no
longer than 9 hours with no more than 7 hours actual flight time.
The FDP may be extended by up to 1 hour and/or the flight time within the FDP may be ex-
tended by up to 30 minutes providing;
(i) the FDP has already commenced; [you didn't deliberately plan the extension]
(ii) the extension is necessary due to unforeseen operational circumstances;
(iii) the extension is necessary to allow the completion of the FDP.
(iv) you consider yourself capable of operating to the extended times.
The cumulative flight time accrued by a flight crew member [FCM] during any consecutive
28 day period must not exceed 100 hours.
The cumulative flight time accrued by an FCM during any consecutive 365 day period must
not exceed 1 000 hours.
Other publications that are useful but not essential at the RPL/PPL level are-
The Aeronautical Information Publication [AIP]
The Civil Aviation Orders [CAO],
The Civil Aviation Regulations CAR and
The Civil Aviation Safety Regulations.
The AIP can be downloaded from the Air Services web site and the other publications can be
downloaded from the CASA web site.
The air law content of this book has been organised into a question and answer format. The
answers to each question are given in a generalised and simple form to assist comprehension.
It is important to check each VFRG reference so that you can read the precise answer as it is
worded in the relevant publication. For information not included in the VFRG, an extract from
the relevant publication is included. The more familiar you become with the CASA publica-
tions, the easier your life will be in future studies. Have fun!
Question No 1 Answer
Question No 3 Answer
When may you fly solo? Only after a flight instructor has assessed you as competent to
conduct a solo flight in the aircraft type according to the manual
of standards.
If you hold an appropriate medical certificate.
If you satisfy the recency requirements.
Page 11.2 Recreational Pilot Licence Bob Tait's Aviation Theory School
Question No 4 Answer
What are the recent expe- You must have had a dual check in the previous 14 days and
rience requirements for a you must not exceed three hours of solo flight since the last dual
student pilot? check unless you are enrolled in an integrated training course.
Question No 5 Answer
What are the requirements You must maintain a log book containing the details of each
concerning pilot log books? flight in accordance with CASR 61.345.
Question No 12 Answer
What are the recent experi- You cannot carry passengers on board an aircraft unless you
ence requirements for pas- have done three take-offs and three landings in the last 90 days
senger carrying flights? or have passed a flight check, review or test for a licence or
rating in the last 90 days.
Reference: CASR 61.395 & VFRG page 1.10
61.395 Limitations on exercise of privileges of pilot licences—recent experience
(1) The holder of a pilot licence is authorised to pilot, during take-off or landing, an
aircraft of a particular category carrying a passenger by day only if the holder has,
within the previous 90 days, in an aircraft of that category or an approved flight
simulator for the purpose, conducted, by day or night:
(a) at least 3 take-offs; and
(b) at least 3 landings;
while controlling the aircraft or flight simulator.
Question No 8 Answer
When can you operate a You must have a student pilot licence (and be approved
radio? by an instructor). Alternatively you could have an RPL
(Recreational Pilot licence) with flight radio endorsement,
PPL,CPL or ATPL licence.
Reference: CASR 61.435
61.435 When are holders of pilot licences authorised to operate aircraft radio
(1) A person is authorised to transmit on a radio frequency of a kind used for the
purpose of ensuring the safety of air navigation if the person:
(c) holds a student pilot licence and is approved to operate the radio by a pilot
instructor.
Page 11.4 Recreational Pilot Licence Bob Tait's Aviation Theory School
Question No 9 Answer
What are the requirements A Class 1 or Class 2 medical certificate or a recreational
for medical certificates for aviation medical certificate is required.
student and recreational
pilot licences?
Question No 10 Answer
What is the period of valid- Class 1: One year
ity of an aviation medical
certificate? Class 2: Four years or two years for pilots 40 years and older.
Recreational Pilot Medical: Two years for pilots who are 65 years
old or younger. One year for pilots who are older than 65 years.
(a) in the case of a class 1 medical certificate—1 year after the day when the certificate
comes into force; and
(b) in the case of a class 2 medical certificate:(i) if the person is less than 40 years old when
the certificate is issued to him or her—4 years after the day when the certificate comes into
force; or (ii) if the person is 40 years old or older when the certificate is issued to him or
her—2 years after the day when the certificate comes into force;
A recreational aviation medical practitioner’s certificate for the holder of a student pilot
licence or recreational pilot licence is current for the shortest of the following periods:
(a) the period beginning on the day the certificate was signed by the medical
practitioner and ending 24 months after that day;
(b) if, when the holder exercises the privileges of the licence, the holder is at least
65—the period beginning on the day the certificate was signed by the medical
practitioner and ending 12 months after that day;
(2) The holder of a recreational pilot licence is authorised to pilot an aircraft in controlled
airspace only if the holder also holds a controlled airspace endorsement.
(3) The holder of a recreational pilot licence is authorised to pilot an aircraft at a con-
trolled aerodrome only if the holder also holds a controlled aerodrome endorsement.
Question No 16 Answer
Is there a limit for consecutive Yes.
solo hours for a student pilot 3 consecutive hours
without a dual check?
(a) the holder has, within the previous 14 days and in the same type of aircraft, conduct-
ed a dual flight; and
(b) as a result of the flight, his or her accumulated solo flight time since last conducting a
dual flight would not exceed 3 hours.
(2) The holder is taken to meet the requirements of paragraph (1) (b) if the holder is en-
rolled in an integrated training course.
Page 11.18 Recreational Pilot Licence Bob Tait's Aviation Theory School
Question No 17 Answer
As a student pilot, you must not fly solo unless you have had a
What recent experience dual flight in the same type of aircraft in the last 14 days (and
must you have before you don't forget the 3 consecutive solo hours limit too).
fly in command? If you have an RPL, the standard recency requirements apply:
3 take-offs and landings if you wish to carry a passenger. Of
course, you still need a valid flight review in that case as well.
Reference: CASR 61.450 and VFRG page 1.7 , 1.9 and 1.10
(a) the holder has, within the previous 14 days and in the same type of aircraft, conduct-
ed a dual flight; and
(b) as a result of the flight, his or her accumulated solo flight time since last conducting a
dual flight would not exceed 3 hours.
(2) The holder is taken to meet the requirements of paragraph (1) (b) if the holder is en-
rolled in an integrated training course.
Question No 18 Answer
Can you carry passengers as No. A Student Pilot Licence does not authorise you to carry
a student pilot? passengers, even if you have gone solo.
To carry passengers, you need at least an RPL, and with an RPL,
you are limited to carrying only one passenger unless you also
hold a class 1 or class 2 medical.
Question No 20 Answer
What are the pilot's responsi- Immediately before take-off check for full free and correct
bilities regarding the free and movement of all control surfaces.
correct movement of controls
and the security of doors and Immediately before taxiing for the purpose of taking off, check
hatches? security of all doors and hatches.
Reference: CAR 244 (1) CAR 245 CAO 20.2.2.5 CAO 20.2.3 and VFRG page 1.25-1.26
(1) CASA may give directions specifying the tests to be carried out by the pilot in
command of an aircraft before the commencement of, and during a take-off run in
order to be satisfied that the engine and associated items of equipment are
functioning correctly within the permissible limits of performance.
(2) Before the commencement of, and during, a take-off run, the pilot in command of
an aircraft shall:
(a) carry out all tests required to be carried out in relation to the aircraft under
subregulation (1)
(b) test all flight instruments, and, in particular, all gyroscopic flight instruments,
that it is possible to test so as to ensure that they are functioning correctly.
Page 11.20 Recreational Pilot Licence Bob Tait's Aviation Theory School
Question No 22 Answer
When may passengers not During flying training if the pilot does not hold an RPL.
be carried aboard an aircraft
in flight? While practising emergency procedures.
Question No 23 Answer
What requirements apply Aerobatic flight is permitted only in VMC by day. Only if the
to aerobatic flight? aircraft flight manual specifies that aerobatics are permitted.
Not over a public area or gathering.
(1) An aircraft:
(a) shall not be flown in acrobatic flight at night;
(b) shall not be flown in acrobatic flight except in V.M.C.; and
(c) shall not be flown in acrobatic flight of a particular kind unless the
certificate of airworthiness of, or the flight manual for, the aircraft
specifies that the aircraft may perform that type of acrobatic flight.
(2) For the purposes of subregulation (1), straight and steady stalls or turns in which
the angle of bank does not exceed 60 degrees shall be deemed not to be
acrobatic flight.
(3) Except with the permission in writing of CASA, a person shall not engage in
acrobatic flight in an aircraft:
(a) at a height lower than 3,000 feet above the highest point of the terrain, or
any obstacle thereon, within a radius of 600 metres of a line extending
vertically below the aircraft; or
(b) over a city, town, populous area, regatta, race meeting or meeting for
public games or sports.
Page 11.22 Recreational Pilot Licence Bob Tait's Aviation Theory School
Note: You must be familiar with the BAK Air Law download if you are pre-
paring to sit the CASA PPL examination. If you haven't already done so, you
will need to obtain the BAK Air Law download as part of your study for the
PPL exam.
PUBLICATIONS REQUIRED.
All questions contained in this section are referenced to the Visual Flight Rules Guide [VFRG].
This publication may be downloaded from the CASA web site. Access to the down-loaded
version will not be permitted when you sit the CASA PPL examination.
To sit the CASA PPL examination, you will need access to a hard-copy version of the VFRG.
These publications may be ordered directly from the CASA web site.
Navigation equipment.
A non-programmable electronic calculator with
volatile memory.
Other documents available on line and useful in your study for the PPL examination are -
From the CASA web site: CAO, CAR, CASR, CAAP.
From the Air Services web site: AIP.
A brief description of each of these documents is given below. You may find them handy if
you wish to delve deeper into the rules relating to general aviation in Australia.
Like all laws, failure to comply leaves you liable to penalties such as
fines and/or imprisonment! You should take special notice of the use of
words like 'shall' and 'must' - they indicate a legal obligation on the pilot.
The CAOs expand on the CARs and give more specific details on the
day to day operation of an aircraft.
For example the CARs say that you cannot fly at night unless you hold
a night VFR or instrument rating - the CAOs detail the training required
to obtain such a rating along with the mandatory aircraft equipment.
This document contains advice to ensure that the CARs are satisfied.
For example the CARs say that you must carry sufficient fuel - the
CAAPs advise on how much fuel would be considered 'sufficient' for
various flights.
Remember you don't have to adopt the specific advice offered in the
CAAPs as long as you can convince a court that you did have suf-
ficient fuel!
Most general aviation operators simply require that their pilots comply
with the CAAPs.
The AIP book. This is a single volume handbook which contains detailed
operational information. As a VFR pilot much of the content of the
AIP book will not concern you. The vast majority of your study will be
confined to the following sections:
GEN General
ENR Enroute
AD Aerodromes
The AIP also includes......
This publication supplements the AIP and is intended for use in the cockpit
as well as in flight planning. It includes a detailed description of:
Information such as the elevation and any special procedures pertaining to your destination
aerodrome is essential for a safe approach and landing. Also included in the AIP are.......
Page 37 of the
Cost sharing is permitted providing the pilot and passengers share CARs
the cost equally and the number of persons carried, including the CAR 2 [7] (d)
pilot, does not exceed six. (i) to (viii)
and CAR 206
Question No 6 Question No 12
Where would you find details on restricted areas? Where would you look to find the recommended mini-
[a] CAR [b] CAO mum fuel reserves to ensure that you comply with the
[c] AIP [d] ERSA requirements of CAR 234?
[a] CAR [b] CAO
Question No 7 [c] CAAP [d] ERSA
Where would you look to find area forecast bounda-
ries? ANSWERS
[a] PCA [b] VTC
[c] ERC [d] ERSA 1 [a] 2 [b] 3 [d] 4 [c] 5 [d] 6 [d]
7 [a]
8 [d] 9 [d] 10 [b] 11 [a] 12 [c].
Much of this section has already been covered in the RPL STUDY GUIDE.
Be sure to revise Air Law [Section 11] of that volume. Additional areas of concern to the
private pilot are dealt with below.
The following documents must be carried on board any aircraft operating as Read
VFRG Page 1.16
a private flight wholly within Australian territory:
CAR 139
* The licence and medical certificate of each crew member.
* The aircraft's maintenance release [or an approved alternative].
* The aircraft's flight manual [or an approved alternative].
Note that the CAR refers to 'bills of lading and cargo manifests'. Since this
implies a commercial operation, it is not considered applicable for a pri-
vate flight.
Let's begin with circuit joining procedures. Imagine that the extended cen-
treline of the runway divides the airspace surrounding the aerodrome into
two zones. The
side that contains
Downwind
LIVE SIDE
the circuit is called
Crosswind
WIND
the side that does
Final Upwind not contain the
circuit is called the
'dead side'.
DEAD SIDE