Some of you may be aware of my ongoing correspondence with CASA about its position on the question whether CASR 11.140 keeps medical certificates ‘alive’ – provided an application for a new one in the same terms is made at least 21 days before the expiry of the holder’s old certificate. I’ve twice been given the answer ‘no’ by ‘Regulatory Guidance’, but upon writing to the CASA CEO to seek acknowledgment and confirmation of that as CASA’s position, that was not forthcoming. It’s now the subject of upcoming discussions.
However, in the course correspondence so far, I asked CASA for an example of a certificate to which, in CASA’s opinion, CASR 11.140 does apply. CASA’s answer was Flight Training Certificates issued under Part 141. I accordingly looked at CASR Part 141 and CASR Part 11 to find out the source of CASA’s power to issue those certificates with limited duration. I read and squinted a lot but could not find any provision to that effect.
I therefore asked CASA the following question, on 1 August 2023, and followed-up on 23 August 2023:
What provision of CASR results in flight training certificates issued under Part 141 ceasing after a particular period, or gives CASA power to issue flight training certificates issued under Part 141 with limited duration?
I have searched Part 141 for any provision to that effect, to no avail. I also note that even though CASR 11.010(3A) says that Subpart 11.BA “contains rules about granting authorisations, including the duration of, and the imposition of conditions on, authorisations”, no provision of Subpart 11.BA that I can find deals with the duration of authorisations. There is, for example, a provision dealing with when an authorisation comes into effect – CASR 11.065 – but I cannot find a provision of Subpart 11.BA dealing with when an authorisation expires or ceases to be in effect or operates for only a specified duration. (I do hope CASA would not seek to rely on the mere ‘note’ under CASR 11.065 as the source of any power to impose time limits on authorisations.) My apologies if I’ve overlooked the operative provision.
Nothing heard, as yet. I will keep everyone informed of a response, when I receive one.
(Just for the sake of completeness, I note that just because pilot licences don’t have any expiry date doesn’t mean a pilot’s licence can’t be suspended or cancelled. Nor does it mean, for example, that a pilot’s licence can’t cease to authorise the exercise its privileges if a flight review is not conducted within a specified period or, as another example, cease to authorise the carriage of passengers if a specified number of take-offs and landings have not been carried out by the holder in a specified period before the carriage of passengers. I don’t see why the some concept can’t apply to Flight Training Certificates issued under Part 141.)