CAA NZ Flight Instructor Theory - Instructor Air Law study materials
CAA NZ Flight Instructor Theory - Instructor Air Law study resources

CAA NZ Flight Instructor Theory - Instructor Air Law cheat sheet

CAA NZ Flight Instructor Theory - Instructor Air Law · Keep the key ideas within reach.

Quick reference

Regulatory framework and rule-making

  • Civil Aviation Act 1990 establishes the CAA, the Minister's powers, and the rule-making process; rules are made as ordinary legislation-level instruments under the Act, not as CAA policy.

  • CAR Part 1 contains definitions that bind every other Part: 'aircraft', 'pilot-in-command', 'flight time', 'solo flight', 'instructor' and 'rating' must be read from Part 1, not from Part 61 or 91.

  • Part 91 = general operating rules applying to all aircraft; Part 121 = large aeroplane air operations; Part 61 = pilot licences and ratings; Part 141 = aviation training organisations. Parts nest: a Part 141 school still operates under Part 91 for flight rules.

  • Advisory circulars (ACs) and acceptable means of compliance (ACMs) are not law: they describe one acceptable way of meeting a rule. An operator may use an alternative method if it achieves the same standard and can be justified.

  • Exemptions under section 37 of the Act (or equivalent rule exemption) must be in writing, time-limited, and subject to conditions; an instructor cannot grant an exemption to a student orally.

  • Rule amendment follows consultation (NPRM), Ministerial and Cabinet process, and comes into force by date stated in the amendment; the rule in force on the date of flight governs the flight.

  • Where a rule and an AC conflict, the rule prevails. Where the Act and a rule conflict, the Act prevails.

Quick reference

Instructor privileges, limitations and responsibilities

  • A Category A instructor may supervise a student's first solo and any solo; lower categories (B, C) are progressively restricted in the solo supervision and competency certification they may perform - check the current Part 61 category table before signing.

  • An instructor may only exercise privileges within the ratings and endorsements held and current at the time of the flight; an expired instructor rating means no instructional logging, no solo authorisation, no competency sign-off.

  • Solo flight requires: written authorisation by the instructor, student medical and licence in order, aircraft and weather within stated limits, and the authorisation recorded and signed before flight.

  • The instructor who authorises a solo remains accountable for the judgement that the student is competent for that specific flight, route and conditions - a general 'cleared to solo' is not sufficient.

  • Training records must be retained as required by Part 61/141 (typically the duration of training plus the prescribed retention period) and must show date, aircraft, duration, exercises covered, instructor name and signature.

  • Competency certification (e.g. for a flight test, BFR or licence issue) is a formal statement of fact; falsifying or signing without basis is grounds for enforcement against the instructor.

  • An instructor must not conduct instruction while unfit - including fatigue, illness, alcohol, drugs, or after donating blood - and must remove a student from flight if the student appears unfit.

Quick reference

Pilot licensing and training requirements

  • Progression: student → PPL → CPL → instructor. Each licence specifies minimum age, medical standard, experience and written/flight test requirements in Part 61; the instructor must verify eligibility before recommending a test.

  • Medical standards: Class 1 for CPL/ATPL and instructors exercising commercial privileges; Class 2 for PPL. A medical is valid only within its stated period and any limitations (e.g. corrective lenses, safety pilot) flow into the licence privileges.

  • Recency: a pilot may not carry passengers unless recent - the standard is three take-offs and three landings in the preceding 90 days on the same type/class; night recency requires those landings at night.

  • Type ratings are required for aircraft specified in Part 61 (e.g. multi-engine, turbine, pressurised types); class ratings cover the remainder. A type rating is aircraft-specific; a class rating is not.

  • Logbook entries must be made in ink or approved electronic form, signed by the pilot, and show date, type, registration, departure/arrival, flight time, and any instructional or solo time separately.

  • Flight time logging for licence purposes counts only time during which the pilot is manipulating the controls or under instruction; a student's solo time must be logged as solo PIC.

  • A flight test recommendation requires the instructor to certify the candidate meets the syllabus standard; the test itself is conducted by an independent examiner.

Quick reference

Flight operations and general operating rules

  • Pre-flight action: the PIC must study all available information (weather, NOTAM, aircraft documents, fuel, mass and balance, performance) before flight; this is a legal duty, not a checklist courtesy.

  • Fuel: VFR fixed-wing must carry enough for the planned flight plus a reserve of at least 30 minutes by day and 45 minutes by night (Part 91); IFR requires a 30-minute (or specified) alternate reserve.

  • Minimum safe altitude: over congested areas, 1,000 ft above the highest obstacle within 600 m; elsewhere 500 ft above ground or water, and always enough altitude to glide clear of persons and property if power fails.

  • VFR meteorological minima in controlled airspace: 1,500 m horizontal and 600 m vertical from cloud, flight visibility 8 km at/above 10,000 ft, 5 km below 10,000 ft; in uncontrolled airspace lower minima apply - know the table, do not approximate.

  • Special VFR may be granted in a control zone when VFR minima are not met but the aircraft can remain clear of cloud and in sight of ground; an ATC clearance is required and the pilot must comply with any conditions.

  • A flight plan is required for IFR and for flights crossing the NZ FIR boundary; VFR flight plans are recommended and required in certain designated areas - search and rescue alerting depends on it.

  • ATS communication: readback is mandatory for clearances, runway assignments, hold-short instructions, altimeter settings and frequency changes; a clearance not read back is not confirmed.

Quick reference

Airspace classification, controlled airspace and aerodrome operations

  • Class C: IFR and VFR both require ATC clearance; VFR must meet the Class C minima. Class D: ATC clearance required for both; Class G: no clearance, but see-and-avoid and mandatory broadcast zones apply.

  • A clearance is an authorisation, not an instruction to accept an unsafe situation: the PIC may request an amended clearance and must advise ATC if unable to comply.

  • Special VFR clearance is available only within a control zone and only when ATC can provide it; it does not relax the requirement to remain clear of cloud and in sight of the surface.

  • Aerodrome traffic circuit: standard is left-hand unless published otherwise; join downwind at circuit altitude, and do not enter the circuit without radio calls where a mandatory broadcast or control zone applies.

  • Transponder: Mode A/C or Mode S required in designated airspace and above specified altitudes; check the current AIP for the exact requirements and for Class G transponder mandates.

  • Mandatory broadcast zones (MBZ) require specified radio calls on the designated frequency at the prescribed points; failure to broadcast is an offence even if no other traffic is heard.

  • Radio failure in controlled airspace: squawk 7600, follow the published lost-communication procedure, and land as soon as practicable at the nearest suitable aerodrome.

Quick reference

Aircraft airworthiness, maintenance and documentation

  • A certificate of airworthiness (or permit to fly for specified aircraft) must be valid and in force for the flight; the PIC must confirm it is current before flight.

  • Maintenance programmes: aircraft are maintained under an approved programme (e.g. operator's programme or the manufacturer's schedule) with scheduled inspections, and any maintenance must be certified by an appropriately rated engineer.

  • Defect reporting: defects affecting airworthiness must be recorded in the aircraft technical log and reported to the operator/maintenance organisation; serious defects are reportable to the CAA under the occurrence scheme.

  • Mass and balance must be calculated before every flight against the aircraft's approved envelope, including fuel, occupants, baggage and any modifications; an out-of-balance aircraft is unairworthy for that flight.

  • Equipment requirements depend on operation: VFR day, VFR night, IFR, and over-water each carry different minimum equipment lists; check the rule and the aircraft's equipment list.

  • Documents to be carried: certificate of registration, certificate of airworthiness, licence and medical of crew, aircraft logbook/technical log as required, and the radio licence where applicable.

  • An aircraft with an expired annual review of airworthiness, an unresolved airworthiness directive, or an unapproved modification must not be flown.

Quick reference

Safety investigation, occurrence reporting and enforcement

  • TAIC (Transport Accident Investigation Commission) investigates accidents and serious incidents; the CAA investigates other incidents and administers the occurrence reporting scheme. The two roles are separate.

  • Accident definition (Civil Aviation Act): an occurrence associated with the operation of an aircraft in which a person is fatally or seriously injured, or the aircraft sustains damage or structural failure requiring major repair, or the aircraft is missing or inaccessible.

  • Incident: an occurrence, other than an accident, associated with the operation of an aircraft that affects or could affect the safety of operations - e.g. near miss, runway incursion, airspace infringement, serious defect.

  • Notification duties: the PIC/operator must notify the CAA (and TAIC for accidents/serious incidents) as soon as practicable, and in any event within the prescribed time; a written report follows on the prescribed form.

  • Privileged information: safety occurrence reports and investigation records attract protection from disclosure and from use in enforcement proceedings, except where the law provides an exception (e.g. deliberate acts, alcohol/drugs).

  • Enforcement tools: infringement notices (infringement fee), suspension or revocation of licences and ratings, and prosecution for offences against the Act or rules. Penalties can include imprisonment for serious offences.

  • An instructor who observes a breach by a student or colleague has a duty to report it through the operator's safety system; concealment can itself be an offence.

Quick reference

Dangerous goods, aviation security and environmental rules

  • Dangerous goods are carried under the ICAO Technical Instructions as adopted in NZ rules; the shipper is responsible for classification, packing, marking and documentation, and the operator for acceptance checks.

  • Passengers may not carry dangerous goods except in limited quantities permitted by the rules (e.g. toiletries, certain batteries in carry-on); lithium batteries have specific watt-hour limits and must not go in checked baggage if spare.

  • Security: screening and restricted articles are governed by the Civil Aviation Act and airport security rules; the pilot in command must ensure no unauthorised person or prohibited item is carried.

  • Noise: aircraft must comply with the noise certification standards applicable to their type; some aerodromes impose curfews, preferential runways or noise-abatement procedures that the PIC must follow.

  • Environmental operating restrictions may include altitude/fuel rules and local aerodrome noise limits; breach can result in infringement action independent of safety enforcement.

  • Carriage of dangerous goods without proper documentation or training is an offence; the operator must hold any required dangerous goods approval and train crew accordingly.

Quick reference

Human factors and instructor duty of care

  • Alcohol: the limit for flight crew is 20 mg per 100 mL of blood (or 50 mg per 100 mL of urine); a person must not act as crew while under the influence or within 8 hours of drinking - the stricter of the two applies.

  • Drugs: no person may act as flight crew while impaired by a drug, including prescription medication that affects performance; the pilot must self-assess and, if in doubt, not fly.

  • Fatigue: the rules require the pilot to be fit to fly; there is no 'legal' fatigue limit that makes an unfit pilot fit - instructors must manage duty and rest and must not pressure a fatigued student to fly.

  • Fitness to fly includes illness, injury, pregnancy, blood donation, scuba diving (minimum interval before flight) and psychological stress; a medical certificate does not override current unfitness.

  • Instructor duty of care: the instructor is accountable for the student's supervision, for the authorisation given, and for intervening when the student's performance or welfare indicates risk - including reporting concerns through the operator's system.

  • Threat and error management: brief, plan, and debrief every instructional flight; record the student's errors and corrective actions so competence certification rests on evidence, not impression.