Safety Issue

In its response to this safety issue, CASA advised that: CASA agrees there is evidence of confusion regarding the qualifications required to supervise an Ag2 rated pilot. Civil Aviation Safety Regulation (CASR) 137 and Civil Aviation Order (CAO) 40.6 are not directly related or interactive legislative components and must therefore be dealt with and considered separately. The following explains: CASR 137 - is applicable to a person applying for or who holds an Air Operator Certificate (AOC) authorising "aerial application operations - other than rotorcraft". This means aeroplanes only. In other words, it is the how to do business and flying operations regulations for aeroplane aerial application operators. There is no relevant CAO for aeroplane aerial application AOC holders as CASR 137 has already superseded CAO 20.21 is this regard for aeroplanes. CAO 20.21 - is applicable to "aircraft engaged in agricultural operations" not aircraft engaged in "aerial application operations" (refer CASR 137). However, CAO 20.21 is still applicable to helicopters as CASR 137 does not refer to helicopter aerial application operations as yet. In other words, it is the how to do business and flying operations directions for helicopter agricultural operators and therefore CAO 20.21 cannot be repealed until CASR 137 includes rotorcraft. CAO 40.6 - is a set of directions issued under sub regulation 5.14(1), regulations 5.16 and 5.18 of Civil Aviation Regulations (CAR) 1988 for the purposes of describing the flight tests that must be passed, other requirements that must be satisfied, the authority given by and the limitations of that authority for people who wish to train persons for the issue of and obtain an agricultural rating in either aeroplanes or helicopters. In other words, it is a set of ground and flying training, flight testing and limiting directions empowered by CAR 1988 Part 5. Therefore, it is the how to do business and flying operations regulations for ALL providers of "agricultural flying training" and not directly linked to CASR 137, other than 137 requiring an operator to ensure their pilots are correctly qualified. The supervision requirements in CAO 40.6 are risk mitigators for new AG rating holding pilots, added for the same reasons new flying instructor rating holding pilots require supervision as outlined in CAO 40.1.7 (instructor ratings aeroplanes) and CAO 40.3.7 (instructor ratings helicopters). CASA intends to promulgate information and provide education to industry to clarify the requirements in CASR Part 137 and CAO 40.6.