CASA EX03/07 - Exemption – solo flight training using ultralight aeroplanes registered with the RAA at Cambridge Airport

Overview

The Civil Aviation Regulations 1988, amended by F2007L00211, were enacted to address the gap in current regulations that prevent RAA-registered ultralight aeroplanes from conducting solo flight training in controlled airspace by appropriately qualified students. The problem this legislation seeks to resolve is the restriction on solo flight operations for student pilots who are registered with RAA but lack a private pilot licence, which prevents them from training in controlled airspace. The Civil Aviation Act 1988 empowers the Governor-General to implement regulations that ensure the safety of air navigation, and this exemption under section 98 of the Act, facilitated by the Deputy Chief Executive Officer, Operations, a delegate of the Civil Aviation Safety Authority (CASA), allows the Tasmanian Aero Club Inc to conduct such training at Cambridge Aerodrome, subject to meeting all other conditions specified in Civil Aviation Order 95.55. The exemption is a legislative instrument subject to tabling and disallowance in Parliament, as declared under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988, through an exemption under Section 98 of the Civil Aviation Act 1988, authorises the Tasmanian Aero Club Inc to conduct solo flight training for its students using ultralight aeroplanes registered with Recreational Aviation Australia (RAA) at Cambridge Aerodrome. This exemption is tailored to ensure that the operations adhere to all conditions outlined in Civil Aviation Order 95.55, except for the stipulation that solo flight operations in controlled airspace require a valid private pilot licence, a condition from which RAA students are exempt. The exemption applies specifically to the operations of the Tasmanian Aero Club Inc and the ultralight aeroplanes registered with RAA, extending only to the geographic limits of Cambridge Aerodrome. The exemption is a legislative instrument, subject to the scrutiny of Parliament under the Legislative Instruments Act 2003, and it will cease to have effect by the end of 31 January 2010. This legislative exemption allows for safe and controlled solo flight training operations, enhancing the training capabilities of the Tasmanian Aero Club Inc while maintaining stringent safety standards.

Key Provisions

The key provisions of the Civil Aviation Regulations 1988 (CAR 1988) concerning solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia (RAA) at Cambridge Airport are outlined in section 98 of the Civil Aviation Act 1988 (the Act). This section allows the Governor-General to create regulations for the Act, particularly for the safety of air navigation. Civil Aviation Order 95.55 (CAO 95.55) further permits certain RAA-registered aircraft to operate in controlled airspace, provided they meet specific conditions. Under this order, RAA can conduct flight training in controlled airspace if the aeroplane is registered with RAA and the pilot is suitably qualified and trained. However, RAA students cannot conduct solo operations in controlled airspace unless they have a valid private pilot licence and are specifically authorised to do so. The exemption in question allows the Tasmanian Aero Club Inc (the operator) to conduct solo flight training for its students using ultralight aeroplanes registered with RAA at Cambridge Aerodrome. The operator must adhere to all the conditions set out in CAO 95.55 for ultralight operations, except for the requirement to not fly solo in controlled airspace without a valid private pilot licence. This exemption facilitates the training of students under specific conditions that ensure safety while allowing for the practical training necessary for pilot qualifications. Under the Legislative Instruments Act 2003 (LIA), subregulation 308(4) of CAR 1988 identifies this exemption as a disallowable instrument. According to subparagraph 6(d)(i) of the LIA, any instrument declared to be a disallowable instrument under legislation in force before the LIA's commencement is considered a legislative instrument for section 5 of the LIA. Consequently, this exemption is subject to tabling and disallowance in the Parliament, as per sections 38 and 42 of the LIA. The exemption has been issued by the Deputy Chief Executive Officer, Operations, a delegate of the Civil Aviation Safety Authority (CASA), under subregulation 7(1) of CAR 1988. The instrument, identified as CASA EX03/07, comes into effect the day after it is registered and remains in effect until the end of 31 January 2010. Notably, consultation under section 17 of the LIA was not required for this exemption as it is a renewal of a previous instrument issued following consultation. The exemption is designed to provide a specific operational flexibility for the operator while ensuring compliance with overarching safety regulations.