CASA EX08/10 - Exemption - solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at Cambridge Aerodrome

Overview

The Civil Aviation Regulations 1988, enacted by the Commonwealth Parliament, establish the legal framework for aviation safety in Australia. The legislation aims to ensure the safety of air navigation by imposing various regulations and standards on all aspects of civil aviation operations. This includes the regulation of ultralight aeroplanes and the training of pilots operating these aircraft. The Civil Aviation Regulations 1988 provide the authority for the Civil Aviation Safety Authority (CASA) to issue exemptions and orders to ensure compliance with safety standards, including the exemption for solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at Cambridge Aerodrome. This exemption was introduced to address the specific need for solo flight training for students of The Aero Club of Southern Tasmania, while ensuring that all safety conditions are met to maintain the integrity of controlled airspace. The exemption allows for the operation of ultralight aeroplanes in controlled airspace under certain conditions, as outlined in Civil Aviation Order 95.55, with the primary condition being that the operator, The Aero Club of Southern Tasmania, adheres to all stipulated conditions except the requirement for solo pilots to hold a valid private pilot licence.

Scope and Application

The Civil Aviation Regulations 1988 provide for the safety and efficiency of air navigation in Australia, and are supported by subordinate instruments that specify operational conditions and standards. One such instrument, the exemption under consideration, allows The Aero Club of Southern Tasmania to conduct solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at Cambridge Aerodrome. This exemption applies specifically to the operator and its students, allowing them to perform solo operations in controlled airspace, an activity typically restricted to pilots holding a valid private pilot licence. This exemption is granted under Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act, and is subject to the conditions outlined in Civil Aviation Order 95.55, except for the requirement that solo operations in controlled airspace must be conducted by a pilot with a private pilot licence. This exemption is also a legislative instrument as declared under the Legislative Instruments Act 2003, and thus is subject to tabling and disallowance in the Parliament. The exemption is a renewal of a previous instrument and thus consultation under the Legislative Instruments Act was not undertaken. The exemption is effective from 1 February 2010 until 31 January 2012.

Key Provisions

The main operative sections of this legislation (F2010L00147) pertain to the exemption granted under section 98 of the Civil Aviation Act 1988 (the Act). This exemption allows The Aero Club of Southern Tasmania to conduct solo flight training for its students using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated (RAA) at Cambridge Aerodrome (YCBG). Specifically, section 308(4) of the Civil Aviation Regulations 1988 (CAR 1988) declares this exemption to be a disallowable instrument, and it is subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). This exemption allows operations that would otherwise be restricted under Civil Aviation Order 95.55 (CAO 95.55), particularly the requirement for solo operations in controlled airspace to be conducted by a pilot with a valid private pilot licence. The obligations and requirements imposed by this legislation on the parties involved are significant. The Aero Club of Southern Tasmania, as the operator, must ensure that all conditions stipulated in CAO 95.55 for ultralight operations are met, except for the solo flight condition that requires a private pilot licence. This means that the operator must comply with all other safety and operational requirements set out in CAO 95.55, ensuring that the ultralight aeroplanes are operated safely and in accordance with the prescribed conditions. The RAA must also ensure that the aeroplanes are registered and maintained in a manner that meets the regulatory standards, and the pilots must be suitably qualified and trained to conduct these operations. The legislation also outlines specific consequences for any breaches of the conditions set out in the exemption. While the text does not detail specific offences or penalties, it is implied that any deviation from the established conditions could result in enforcement actions under the Civil Aviation Act 1988 and other relevant regulations. The Director of Aviation Safety, acting on behalf of the Civil Aviation Safety Authority (CASA), retains the authority to enforce compliance, which could potentially lead to revocation of the exemption or other regulatory penalties. The exemption itself is a legislative instrument and must be tabled in Parliament and is subject to disallowance, reinforcing the importance of adherence to the specified conditions. This exemption, which commences on 1 February 2010 and ceases on 31 January 2012, has been made by the Director of Aviation Safety on behalf of CASA in accordance with subsection 84A(2) of the Act. It is noteworthy that consultation under section 17 of the LIA was not undertaken for this instrument as it is a renewal of a previous exemption (CASA EX19/07), which had been issued following consultation. The renewal process ensures continuity and adherence to the established safety standards, allowing The Aero Club of Southern Tasmania to continue its training operations under the specified conditions.