Explanatory Statement
Civil Aviation Regulations 1988
Exemption — Solo flight training using ultralight aeroplanes registered with RAA at Cambridge airport
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Civil Aviation Order 95.55 (CAO 95.55) permits certain aircraft registered with Recreational Aviation Australia (RAA) to operate in controlled airspace if they comply with conditions set out in the Order. RAA may conduct flight training in controlled airspace under the Order if the aeroplane is registered with the RAA and the pilot is suitably qualified and trained. RAA students cannot conduct solo operations in controlled airspace unless specifically authorised because they do not have private pilot licences.
The exemption is to allow the Aero Club of Southern Tasmania (the operator) to conduct solo flight training for its students using ultralight aeroplanes registered with the RAA in controlled airspace at Cambridge Airport (YCBG). YCBG is approximately 12 nautical miles east of Hobart but only a short distance from Hobart Airport. It is an established facility that has been the main centre for flight training and light general aviation activities for many years.
CASA has issued the exemption subject to certain conditions. The operator is required to meet all the conditions in CAO 95.55 for ultralight operations except the requirement not to fly solo in controlled airspace without a valid private pilot licence.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case because the exemption has been specifically requested by the operator and a similar exemption would be issued to any appropriate operator who meets CASA requirements.
The instrument commences on the day after it is registered and stops having effect at the end of 31 July 2006.
It has been made by the Deputy Chief Executive and Chief Operating Officer, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Instrument number CASA EX02/06]
Overview
The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation, provide the framework for the regulation of civil aviation in Australia. A specific exemption under Section 98 of the Civil Aviation Act 1988 has been introduced to address a gap in the regulations concerning solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia (RAA) at Cambridge Airport. This exemption was made by the Civil Aviation Safety Authority (CASA) and is subject to the Legislative Instruments Act 2003, which outlines the processes for tabling and disallowance of such instruments in Parliament. The exemption aims to allow the Aero Club of Southern Tasmania to conduct solo flight training for its students in controlled airspace, subject to certain conditions designed to maintain safety standards. This exemption is not subject to consultation as it was specifically requested by the operator, and similar exemptions would be issued to other operators meeting CASA requirements. The exemption is effective from the day after its registration and will cease on 31 July 2006.
Scope and Application
The exemption detailed in the Civil Aviation Regulations 1988 allows the Aero Club of Southern Tasmania to conduct solo flight training for its students using ultralight aeroplanes registered with Recreational Aviation Australia (RAA) within controlled airspace at Cambridge Airport (YCBG). This exemption, issued under Section 98 of the Civil Aviation Act 1988, is specifically tailored to enable RAA to train its students in controlled airspace without requiring them to hold a private pilot licence, a condition generally mandated by Civil Aviation Order 95.55. The exemption applies to the Aero Club of Southern Tasmania and is subject to certain conditions that mirror those in CAO 95.55, ensuring that all other safety and operational standards are maintained. The exemption is geographically limited to Cambridge Airport and is in effect until 31 July 2006. While it does not require consultation as it was specifically requested by the operator, it is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) include provisions that allow for exemptions under certain conditions to ensure safety in air navigation. Section 98 of the Civil Aviation Act 1988 (the Act) enables the Governor-General to make regulations for the purposes of the Act. Specifically, Civil Aviation Order 95.55 (CAO 95.55) permits certain aircraft registered with Recreational Aviation Australia (RAA) to operate in controlled airspace, provided they meet the conditions set out in the Order. This includes allowing RAA to conduct flight training in controlled airspace if the aeroplane is registered with RAA and the pilot is suitably qualified and trained. However, RAA students are not permitted to conduct solo operations in controlled airspace unless specifically authorised because they do not hold private pilot licences.
The exemption granted to the Aero Club of Southern Tasmania allows them to conduct solo flight training for their students using ultralight aeroplanes registered with RAA in controlled airspace at Cambridge Airport (YCBG). This exemption permits the operator to conduct such activities at YCBG, which is approximately 12 nautical miles east of Hobart but close to Hobart Airport. Cambridge Airport has been a key facility for flight training and light general aviation for many years. The exemption issued by CASA requires the operator to comply with all conditions in CAO 95.55 for ultralight operations, except for the requirement prohibiting solo flights in controlled airspace without a valid private pilot licence.
The obligations imposed by this exemption on the Aero Club of Southern Tasmania include adhering strictly to the conditions set forth in CAO 95.55, ensuring that all flight training activities comply with safety standards and regulatory requirements. This includes maintaining proper communication with air traffic control, ensuring the safety of flight operations, and ensuring that all pilots conducting solo flights are suitably qualified and trained according to the standards set by CASA. Failure to comply with these conditions could result in the exemption being revoked.
Offences and penalties for breaching the conditions of this exemption are significant. The exemption is a legislative instrument, and under subregulation 308(4) of CAR 1988, it is a disallowable instrument. The Legislative Instruments Act 2003 (LIA) outlines that such instruments are subject to tabling and disallowance in Parliament. Any breach of the conditions could result in civil or criminal consequences, including fines and other penalties as prescribed by the Act. The specific maximum penalties would depend on the nature and severity of the breach, but they could potentially include substantial fines and other enforcement actions by CASA.