CASA EX07/10 - Exemption - solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at Launceston Aerodrome

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to regulate and ensure the safety of civil aviation in Australia. The problem or gap that this legislation aimed to address includes the need for strict regulatory oversight in the interests of air navigation safety. The Civil Aviation Order 95.55 (CAO 95.55) provides specific conditions under which certain aircraft registered with Recreational Aviation Australia Incorporated (RAA) can operate in controlled airspace, including the requirement that solo operations must be conducted by pilots holding a valid private pilot licence. However, this requirement poses a challenge for RAA students who do not yet possess such licences. To address this, an exemption was introduced to allow the Tasmanian Aero Club to conduct solo flight training for its students using ultralight aeroplanes registered with RAA at Launceston Aerodrome. This exemption was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) under section 98 of the Civil Aviation Act 1988 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, include provisions that allow for exemptions under certain conditions to ensure the safety of air navigation as mandated by Section 98 of the Civil Aviation Act 1988. Specifically, this Act applies to the Tasmanian Aero Club, enabling them to conduct solo flight training for their students using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at Launceston Aerodrome. This exemption permits operations under Civil Aviation Order 95.55, with the condition that all other requirements of the Order are met, except for the restriction on solo flights in controlled airspace without a private pilot licence. This exemption is subject to the Legislative Instruments Act 2003, which classifies it as a disallowable instrument, thus requiring it to be tabled and subject to potential disallowance in the Parliament. The exemption is a renewal of a previous exemption and comes into effect on 1 February 2010, ceasing on 31 January 2012, unless otherwise extended or amended.

Key Provisions

The Civil Aviation Regulations 1988, as amended by F2010L00145, introduce an exemption allowing the Tasmanian Aero Club to conduct solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated (RAA) at Launceston Aerodrome. This exemption, which is in accordance with section 98 of the Civil Aviation Act 1988 (the Act), is made to ensure the safety of air navigation. Specifically, section 308(4) of the Civil Aviation Regulations 1988 (CAR 1988) declares this exemption to be a disallowable instrument, subject to the provisions of the Legislative Instruments Act 2003 (the LIA). The obligations imposed by the exemption on the Tasmanian Aero Club include complying with all the conditions outlined in Civil Aviation Order 95.55 (CAO 95.55) for ultralight operations. These conditions ensure the safe conduct of flight training, except for the requirement that solo operations cannot be conducted in controlled airspace without a valid private pilot licence. For RAA-registered aircraft, this condition is waived, allowing RAA students to conduct solo flights under the supervision and control of the operator. However, it is imperative that the operator adheres to all other stipulated conditions to maintain flight safety. In the event of non-compliance with the conditions set out in the Civil Aviation Order or the exemption, there could be significant legal consequences. Breaches of the regulations may lead to civil or criminal penalties, as outlined in the Civil Aviation Act 1988 and associated regulations. The maximum penalties for such breaches can vary, depending on the severity and nature of the offence, and may include fines and imprisonment. The authority to enforce these penalties lies with the Civil Aviation Safety Authority (CASA), which is tasked with ensuring adherence to aviation safety standards and regulations.