I sent an email to Ms Spence today (Friday 29 September 2023), attaching a letter in the following terms:
Duration of Part 141 Flight Training Certificates
I am writing to you in my personal capacity.
Background
You may recall my letter, dated 7 August 2023, about CASR Subpart E and medical certificates. Dr Aleck has subsequently confirmed that your position is that CASR 11.140 does not apply to a medical certificate. Thank you for that.
In the course of correspondence with CASA’s Regulatory Guidance Centre (the Centre) about the application of CASR Subpart 11.E to medical certificates, I asked for an example of a certificate to which, in the Centre’s opinion, CASR 11.140 does apply. By email dated 1 August 2023, the Centre nominated “a flight training certificate issued under Part 141 of CASR.”
I sought a clarification of that answer by email to the Centre dated 1 August 2023. My email said:
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.
By email to the Centre dated 23 August 2023 I sought an update on progress on a response to my 1 August 2023 email.
As I had no (and still have no) record of any response to either my email of 1 August or 23 August, I sent another email to the Centre on 21 September 2023. My email said:
As more than 30 working days have passed since I sent my clarification question and more than 15 working days have passed since I sought an update on progress, and because I have received nothing in response, could you at least do me the courtesy of:
- confirming receipt of this email, my email of 23 August 2023 and my email of 1 August 2023, and
- informing me of whether you intend to provide an answer to the clarification question I put in my email of 1 August 2023 and reiterated in my email of 23 August 2023 (in the trail below).
I have no record of any response from the Centre. It is now the last working day of September and two working months from the date of my original clarification question. I have little choice but to conclude that I am being ignored or CASA’s processes have malfunctioned. Accordingly, I make a request to directly to you.
My request to you
I request that you inform me of what CASA considers to be the provision of CASR that 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.
Yours sincerely