CASA EX04/16 - Exemption - solo flight training using ultralight aeroplanes registered with the RAA at Camden Aerodrome

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2016L00132 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — solo flight training using ultralight aeroplanes registered with the RAA at Camden Aerodrome

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.

 

Subsection 98 (5A) of the Act provides that the Regulations may empower CASA to issue instruments in relation to the following:

(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or

(b) the airworthiness of, or design standards for, aircraft.

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the Regulations, including the Civil Aviation Regulations 1988, or a provision of the Civil Aviation Orders, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), the maximum duration of an exemption is 3 years.

 

Civil Aviation Order 95.55 (CAO 95.55) permits certain aircraft registered with Recreational Aviation Australia Incorporated (the RAA) to operate in controlled airspace if they comply with conditions set out in CAO 95.55. The RAA may conduct flight training in controlled airspace under CAO 95.55 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 hold a valid pilot licence as required under paragraph 7.3 of CAO 95.55.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Instrument

The exemption is to allow Gostner Aviation Pty Ltd, trading as Gostner Aviation, (the operator), to conduct solo flight training for student pilots using ultralight aeroplanes registered with the RAA. The operator is required to meet all the conditions of CAO 95.55 except the requirement not to fly solo in controlled airspace without a valid pilot licence.

 

The exemption is subject to conditions. The conditions include a requirement that each student holds a class 1 or class 2 medical certificate or a CASA recreational aviation medical practitioner’s certificate, and that the RAA syllabus for instructing students may be used. In addition, the operator must ensure that the pilot in command has been assessed as competent to the standards specified in the Part 61 Manual of Standards for the controlled aerodrome endorsement, the controlled airspace endorsement and the flight radio endorsement, and the flight instructor must hold the specified minimum qualifications.

 

The instrument also formally repeals instrument CASA EX135/12, which was an instrument on the same subject that expired at the end of August 2015.

 

Legislative Instruments Act 2003 (the LIA)

Under section 5 of the LIA, subject to sections 6, 7 and 9 of the LIA, a legislative instrument is an instrument in writing that is of a legislative character, and that is or was made in the exercise of a power delegated by the Parliament.

 

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The instrument applies to a class of persons, namely, students and pilots under the control of the operator, and to a class of aircraft, namely, ultralight aeroplanes registered with the RAA, and is, therefore, a legislative instrument. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

The operator applied for the exemption. CASA consulted with the RAA and Airservices Australia (AA). RAA supported the operator’s application. AA supported the granting of the exemption subject to conditions, set out in this instrument, relating to interaction with air traffic services.

 

Following initial consultation and agreements, previous exemptions have been granted to allow operations of this kind in the same class of airspace using ultralight aeroplanes registered with the RAA. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).

 

Making and commencement

The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

The instrument commences on the day of registration. It expires at the end of January 2019, as if it had been repealed by another instrument.

 

[Instrument number CASA EX04/16]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption — solo flight training using ultralight aeroplanes registered with the RAA at Camden Aerodrome

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The legislative instrument permits solo flying in controlled airspace by student pilots and other pilots using ultralight aeroplanes registered with Recreational Aviation Australia (RAA) at Camden Aerodrome. The pilots have to be under the control of Gostner Aviation Pty Ltd, trading as Gostner Aviation, which is an RAA flight training facility.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998, amended by the legislative instrument F2016L00132, introduce an exemption allowing Gostner Aviation Pty Ltd, trading as Gostner Aviation, to conduct solo flight training for student pilots using ultralight aeroplanes registered with Recreational Aviation Australia at Camden Aerodrome. Enacted by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988, this exemption addresses the gap that prevents RAA students from conducting solo operations in controlled airspace due to the lack of a valid pilot licence, as required under Civil Aviation Order 95.55. The exemption is subject to specific conditions, such as medical certification requirements for students and competency assessments for pilots in command and flight instructors. CASA consulted with the RAA and Airservices Australia in drafting this exemption, which formally repeals the previous exemption CASA EX135/12. The legislative instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms. The instrument is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. The exemption instrument aims to facilitate solo flight training while ensuring safety in air navigation, in line with the policy objectives of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. It ensures that the exemption is granted under conditions that protect the safety of air navigation, and it allows for the continuation of operations that have been safely managed under previous exemptions. The exemption is in force from the date of registration and will expire at the end of January 2019.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, provide for the safe navigation and operation of aircraft, including the issuance of exemptions by the Civil Aviation Safety Authority (CASA) under certain conditions to ensure the safety of air navigation. This particular exemption allows Gostner Aviation Pty Ltd, trading as Gostner Aviation, to conduct solo flight training using ultralight aeroplanes registered with the RAA at Camden Aerodrome, thereby deviating from the usual requirement that solo flights in controlled airspace can only be conducted by pilots with a valid licence. The exemption applies to student pilots under the control of the operator and to ultralight aeroplanes registered with the RAA, and is subject to specific conditions designed to mitigate safety risks, such as the requirement that student pilots hold certain medical certificates and that the pilot in command meets specified competency standards. The exemption also repeals a previous exemption that had expired. The instrument, being a legislative instrument, must be tabled in Parliament and is subject to disallowance. A Statement of Compatibility with Human Rights confirms the exemption's compatibility with human rights as it does not engage any of the applicable rights or freedoms. The exemption operates within the Commonwealth jurisdiction and applies to specific persons and entities involved in flight training using the specified ultralight aeroplanes at the specified aerodrome. It does not extend to other aerodromes or operators, nor to other types of aircraft not registered with the RAA. The exemption is subject to renewal and can be amended or revoked by CASA if necessary for safety reasons. The application process, consultation with relevant parties, and the rationale for the exemption are detailed, ensuring transparency and adherence to legislative requirements.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) allow the Civil Aviation Safety Authority (CASA) to issue exemptions under certain conditions to ensure the safety of air navigation. Specifically, Section 11.160(1) of CASR 1998 allows CASA to grant exemptions from provisions of the regulations for matters affecting safe navigation and operation of aircraft, airworthiness, or design standards. An exemption may be granted to a specific person or a class of persons, as detailed in subregulation 11.160(2). Additionally, CASA can impose conditions on an exemption if necessary for safety, as stated in subregulation 11.205(1), and such exemptions must be published on the Internet and are subject to a maximum duration of three years (subregulation 11.230(1)). Civil Aviation Order 95.55 (CAO 95.55) also permits certain RAA-registered aircraft to operate in controlled airspace if they meet specified conditions. The obligations imposed by the Act on Gostner Aviation Pty Ltd, trading as Gostner Aviation, include ensuring that all student pilots hold either a class 1 or class 2 medical certificate or a CASA recreational aviation medical practitioner’s certificate. The operator must also use the RAA syllabus for instructing students and ensure that the pilot in command is assessed as competent to the standards specified in the Part 61 Manual of Standards for the controlled aerodrome endorsement, the controlled airspace endorsement, and the flight radio endorsement. Furthermore, the flight instructor must hold the specified minimum qualifications as outlined in the regulations. Failure to comply with the conditions of the exemption can lead to civil or criminal consequences. While specific penalties are not detailed in the explanatory statement, breaches of civil aviation regulations can generally result in significant fines, suspension or revocation of pilot licenses, and other administrative actions. Additionally, serious violations may lead to criminal charges, which could result in imprisonment, reflecting the importance of adhering to safety regulations in aviation. The exemption instrument also formally repeals the previous exemption CASA EX135/12, which expired at the end of August 2015, ensuring that the regulatory framework is up-to-date and relevant.

Legal classification tags

Area of Law
Civil Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Exemptions & Exclusions
Compliance Obligations
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.