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