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.
Instrument CASA EX02/06 was signed on 12 January 2006 and registered on the Federal Register of Legislative Instruments on 17 January 2006. It came into effect on 18 January 2006.
The Sport and Recreational Aviation Section of CASA has determined that condition 3 in the instrument does not accurately reflect the policy intentions and might lead to unintended consequences. This instrument revokes CASA EX02/06 and remakes it by changing the condition to accurately reflect the policy intention.
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 made for a minor technical correction.
The instrument commences on the day after it is registered and stops having effect at the end of 31 January 2007.
It has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX07/06]
Overview
The Civil Aviation Regulations 1988, enacted by the Australian Government, were established to regulate aviation safety and air navigation, ensuring the interests of the public and the industry are met. This legislation was introduced to address the need for a comprehensive regulatory framework governing civil aviation in Australia. The Civil Aviation Order 95.55 (CAO 95.55) is an instrumental part of these regulations, allowing certain aircraft registered with Recreational Aviation Australia (RAA) to operate in controlled airspace under specific conditions. In 2006, CASA EX02/06 was introduced to provide an exemption for solo flight training using ultralight aeroplanes registered with RAA at Cambridge Airport. However, due to the identified need for a technical correction to condition 3, CASA EX02/06 was revoked and remade by CASA EX07/06 on 18 January 2006 to more accurately reflect policy intentions and avoid unintended consequences. This exemption is a legislative instrument and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Regulations 1988, as amended by Instrument CASA EX07/06, provides an exemption for solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia (RAA) at Cambridge Airport. This exemption applies to entities and individuals who are operating within the specified parameters, namely RAA and its students who are engaged in flight training at Cambridge Airport using ultralight aeroplanes registered with RAA. The exemption is intended to ensure the safety of air navigation and is specifically tailored to the operational conditions at Cambridge Airport. The exemption is a legislative instrument subject to the Legislative Instruments Act 2003, which mandates tabling and potential disallowance in Parliament. Notably, this exemption does not extend beyond the geographical confines of Cambridge Airport and is limited to the operation of RAA registered ultralight aeroplanes. The exemption is temporary, ceasing to have effect at the end of 31 January 2007, and was enacted without formal consultation as it represents a minor technical correction to a previously issued instrument, CASA EX02/06.
Key Provisions
The primary operative sections of the Civil Aviation Regulations 1988, as modified by CASA EX07/06, relate to the exemption granted for solo flight training using ultralight aeroplanes registered with RAA at Cambridge Airport (Section 98 of the Civil Aviation Act 1988). This exemption was established to ensure that the training activities comply with the safety standards of air navigation and permit the operation of specific RAA-registered aircraft within controlled airspace, provided certain conditions are met. Specifically, this regulation allows RAA to conduct flight training in controlled airspace if the aeroplane is registered with RAA and the pilot is suitably qualified and trained. It is important to note that RAA students are not permitted to conduct solo operations in controlled airspace unless they are specifically authorised, as they do not possess private pilot licences.
The Act imposes several obligations and requirements on the parties involved, primarily ensuring that all flight training activities are conducted in accordance with the specified conditions. For RAA, this means ensuring that only qualified and trained pilots operate the aircraft within the controlled airspace. Furthermore, RAA must ensure that any solo flight training does not contravene the conditions set out in CAO 95.55, and any deviation from these conditions could result in the exemption being revoked or modified. Pilots involved in the training must adhere strictly to the regulations, and RAA must maintain records and provide evidence of compliance to CASA upon request.
There are potential consequences for breaches of this legislation. Although the specific penalties are not detailed in the provided text, under the Civil Aviation Act 1988 and related regulations, violations of the Civil Aviation Regulations can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties could include imprisonment, depending on the severity and nature of the breach. The exact penalties would be determined by the courts, taking into account the specific circumstances of each case. It is essential for all parties involved to comply with the regulations to avoid these potential consequences.