CASA EX104/10 – Exemption – solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at Jandakot Aerodrome

Overview

The Civil Aviation Regulations 1988, enacted to regulate the safety of civil aviation in Australia, introduced this exemption to address a gap in the ability for ultralight aeroplanes registered with Recreational Aviation Australia Incorporated to conduct solo flight training in controlled airspace. This exemption was introduced by the Civil Aviation Safety Authority (CASA), acting on behalf of the Australian Government, to facilitate the operations of Cloud Dancer Pilot Training Pty Ltd. The policy objective is to maintain the safety of air navigation while enabling authorised training activities that comply with specified conditions. The exemption allows the operator to conduct solo flight training for its students using ultralight aeroplanes registered with the RAA, provided all other conditions set out in Civil Aviation Order 95.55 are met, except the requirement for a valid private pilot licence to fly solo in controlled airspace. This exemption is subject to parliamentary disallowance under the Legislative Instruments Act 2003 and will cease to have effect by the end of 30 November 2012.

Scope and Application

The Civil Aviation Regulations 1988, specifically under the authority of Section 98 of the Civil Aviation Act 1988, have been extended to accommodate a unique exemption for solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated (RAA) at Jandakot Aerodrome. This exemption is directed towards Cloud Dancer Pilot Training Pty Ltd, allowing the company to conduct solo flight training for its students using these ultralight aeroplanes within controlled airspace. This exemption is applicable to the entity and the specific aircraft registered with RAA, as well as the qualified instructors and the training syllabus as outlined in Civil Aviation Order 95.55. The exemption permits these operations under the conditions of CAO 95.55, except for the usual requirement that solo flights in controlled airspace must be conducted by pilots holding a valid private pilot licence. The exemption is subject to parliamentary disallowance under the Legislative Instruments Act 2003, and while consultation was not undertaken in this instance, similar exemptions have been granted previously under the same conditions. The exemption is effective from the day following its registration and will cease on 30 November 2012.

Key Provisions

The key provisions of the Civil Aviation Regulations 1988, as modified by this legislation, pertain to the exemption granted to Cloud Dancer Pilot Training Pty Ltd for conducting solo flight training using ultralight aeroplanes registered with the RAA at Jandakot Aerodrome. This exemption, outlined under section 98 of the Civil Aviation Act 1988, allows for specific operations to be conducted in controlled airspace provided certain conditions are met. The operator must comply with all conditions stipulated in Civil Aviation Order 95.55 (CAO 95.55) except for the requirement that solo flights in controlled airspace be conducted only by pilots holding a valid private pilot licence. This exemption is limited to students who are suitably qualified and trained under the RAA, and it is subject to conditions regarding instructors and the syllabus of instruction. The obligations imposed on Cloud Dancer Pilot Training Pty Ltd and its students are significant. They must ensure that all operations are conducted in accordance with CAO 95.55, with the specified exception regarding solo flight in controlled airspace. This includes adhering to any other operational standards and safety measures as stipulated in the Order. The exemption also necessitates that the training syllabus and the qualifications of the instructors meet the requirements set forth in the regulations, ensuring that the training provided is both effective and safe. Failure to comply with the conditions of this exemption may result in serious consequences. Under the Civil Aviation Act 1988, any breach of the regulations could lead to civil or criminal penalties. The specific penalties for non-compliance are not detailed in the provided text, but typically, violations of aviation regulations can result in fines, enforcement actions, or other legal repercussions. Additionally, as this exemption is a legislative instrument subject to the Legislative Instruments Act 2003, it is also subject to disallowance by Parliament, which could further impact the operator's ability to conduct these training activities if not properly adhered to.