CASA EX06/10 - Exemption - solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at Parafield Aerodrome

Overview

The Civil Aviation Regulations 1988, as amended, include provisions that allow for exemptions to certain regulations to be made in the interest of air navigation safety. One such exemption is the exemption for Forsyth Aviation to conduct solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at Parafield Aerodrome. This exemption was introduced to address the gap in the existing regulations that did not allow RAA students to conduct solo operations in controlled airspace due to their lack of a private pilot licence. The exemption allows the operator to conduct solo flight training under specific conditions, with the primary condition being that the operator must comply with all the requirements of CAO 95.55 for ultralight operations except for the prohibition on flying solo in controlled airspace without a valid private pilot licence. This exemption was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption is effective from 1 February 2010 and ceases to have effect on 31 January 2012.

Scope and Application

The Civil Aviation Regulations 1988, as amended, provide the framework for aviation safety in Australia, and under Section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to issue regulations for this purpose. The exemption in question pertains specifically to Forsyth Aviation, allowing the operator to conduct solo flight training for its students using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated (RAA) at Parafield Aerodrome. This exemption is intended to facilitate the training of pilots in controlled airspace, provided that all conditions stipulated in Civil Aviation Order 95.55 are met, except for the solo flight requirement which does not necessitate a valid private pilot licence for RAA-registered aircraft. The exemption is also subject to specific conditions regarding instructors and the syllabus of instruction. It is noteworthy that this exemption is classified as a disallowable instrument under the Legislative Instruments Act 2003, necessitating its tabling and potential disallowance in Parliament. The exemption, which is a renewal of a previous exemption (CASA EX15/07), is effective from 1 February 2010 and will cease to have effect at the end of 31 January 2012.

Key Provisions

The Civil Aviation Regulations 1988, through section 98, allow for the creation of regulations by the Governor-General, aimed at ensuring the safety of air navigation. Specifically, this legislation pertains to an exemption that allows Forsyth Aviation to conduct solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated (RAA) at Parafield Aerodrome. This exemption is outlined under Civil Aviation Order 95.55 (CAO 95.55), which stipulates that certain RAA-registered aircraft can operate in controlled airspace provided they adhere to the conditions set forth in the Order. Notably, RAA students are currently not permitted to conduct solo operations in controlled airspace without a private pilot licence; however, this exemption allows them to do so under certain conditions. Forsyth Aviation must comply with all conditions in CAO 95.55 for ultralight operations except the solo flight restriction in controlled airspace without a private pilot licence. This exemption is conditional upon the presence of qualified instructors and adherence to a specific syllabus of instruction. This means that while the exemption allows RAA students to fly solo, it mandates that an experienced instructor be present, ensuring that safety is not compromised. This regulation aims to facilitate the training process while maintaining stringent safety standards. The Legislative Instruments Act (LIA) classifies this exemption as a disallowable instrument under subregulation 308(4) of the Civil Aviation Regulations 1988 (CAR 1988). As per the LIA, such an exemption is considered a legislative instrument and must be tabled and potentially disallowed in Parliament under sections 38 and 42 of the LIA. This legislative framework ensures that the exemption undergoes parliamentary scrutiny, thereby maintaining checks and balances in the regulatory process. The consultation process under section 17 of the LIA was not undertaken for this exemption as it is a renewal of a previous exemption, CASA EX15/07, which was issued following consultation. This exemption, numbered CASA EX06/10, was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) in accordance with subsection 84A(2) of the Civil Aviation Act 1988. The exemption is effective from 1 February 2010 and ceases to have effect on 31 January 2012. Failure to comply with the conditions set out in the exemption could result in civil or criminal penalties, although specific penalties are not detailed in the explanatory statement.