Merged: CASA Regulatory Reform

[dogcharlietree]

I asked a simple question, Do I still have a SCPL?

Dear Mr xxx
I refer to your telephone conversation with Diane Shelback on xxxx regarding the validity of your Senior Commercial Pilot Licence.

I am pleased to confirm that your Senior Commercial Pilot Licence Number xxxxxx is valid. This means that you are Authorised to exercise all of the privileges of this licence as specified in Civil Aviation Regulation 56(1)(a)(iv) of Statutory Rule 1988 No.158.

The grounds upon which this declaration is made are:

a) your Senior Commercial Pilot Licence is one to which Regulation 43 of Statutory Rule No 279 of 1992 applies.

b) although you have been issued with a First Class Airline Transport Pilot Licence, your First Class Airline Transport Pilot Licence is not a "new air transport pilot (aeroplane) licence" as mentioned in paragraph 43.2(b) of subregulation 43.2 of Statutory Rule No 279 of 1992. The significance of this point is that the issue of your ATPL has not nullified your SCPL. The considerations which lead to your ATPL not being regarded as a new ATPL are:

i) the term "new air transport pilot (aeroplane) licence" is not defined in Statutory Rule No 279 of 1992.

ii) a comparison of the definitions of new and old licences in subregulation 35.1 of that Statutory Rule shows that the determining factor as to whether a licence is a new or old licence is the regulation under which the licence was issued; licences issued under subregulation 55B of the old regulations are old licences, and licences issued under new subregulation 5.09(1) are new licences

iii) your ATPL was issued in xxxx, which date was before new subregulation 5.09(1) existed, and therefore your ATPL, is not a new licence.

In regard to your old Senior Commercial Pilot Licence, my duty of care obligee me to alert you to the following aspects:

i) while the licence is valid and you may exercise all of the privileges of the licence, these privilege do not include privileges pertaining to any rating that was endorsed on the licence unless that rating has been renewed and is current. Under the provisions of regulation 59 of the Civil Aviation Regulations of Statutory Rule 1988 No 158, ratings expired at the effluxion of the time periods specified in Civil Aviation Orders. I mention this particularly because in the Civil Aviation Act 1988 a licence is defined as including any rating that is endorsed on the licence. I do not want you to be under the misconception that the privileges of the licence include privileges pertaining to a rating endorsed on the licence; and ii) subregulation 66(2) of the Civil Aviation Regulations of Statutory Rule 1988 No 158 specified that "the types and categories of aircraft for which a licence is valid shall be specified by endorsement in the licence". This means that you may fly, as a privilege of your Senior Commercial Pilot Licence No. xxxxx, only those aircraft that are endorsed in that licence. An endorsement of an aircraft type in another licence, (e.g. your First Class Airline Transport Pilot Licence), or in your pilot log-book under the provisions of CAR 5.23 (2), does not entitle you to fly that aircraft as a privilege of your Senior Commercial Pilot Licence. An endorsement in your pilot log-book does not apply to your SCPL because under tho terms of CAR Part 5, a SCPL is not a flight crew licence (see CAR 2, and CAR
5.08).

Should you have any further queries in this matter, please do not hesitate to contact Graeme Smith, telephone [phone] or facsimile [phone].


Yours sincerely,

BOB COOK
Manager Flight Crew Licensing
Directorate of Aviation Safety Regulation