Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — Sydney Jabiru Flying School solo flight training at Bankstown aerodrome
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Subsection 98 (5A) of the Act provides that the Regulations may empower CASA to issue instruments in relation to the following:
(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or
(b) the airworthiness of, or design standards for, aircraft.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A), CASA may grant an exemption from a provision of the Regulations, including the Civil Aviation Regulations 1988 or a provision of the Civil Aviation Orders (the CAOs), in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
CAO 95.55 permits certain aircraft registered with Recreational Aviation Australia Incorporated (the RAA) to operate in controlled airspace if they comply with conditions set out in CAO 95.55. The RAA may conduct flight training in controlled airspace under CAO 95.55 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.
The exemption is to allow Sydney Jabiru Flying School Pty Ltd (the operator) to conduct solo flight training for student pilots and other pilots using ultralight aeroplanes registered with the RAA. The operator is required to meet all the conditions of CAO 95.55 except the requirement not to fly solo in controlled airspace without a valid private pilot licence.
The exemption is subject to conditions, including that each pilot holds at least a valid class 2 medical certificate and that the RAA training syllabus is used. In addition, the operator must use the CASA Day (VFR) Syllabus – Aeroplanes for elements of instruction relating to controlled airspace, and the flight instructor must hold the specified minimum qualifications. The pilot must be a pupil of the operator or carrying out training sequences authorised by the operator. The aeroplane must also meet the specified design standards and criteria.
Legislative Instruments Act
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the Regulations or the CAOs. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The instrument applies to a class of persons, being students undergoing training and is, therefore, a legislative instrument.
In addition, 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. Under regulation 5A of the Civil Aviation Regulations 1988, if CASA has issued a CAO, and CASA later issues an exemption that affects the operation of the CAO, the later document is declared to be a disallowable instrument. This instrument affects the operation of paragraph 7.3 of CAO 95.55 and is, therefore, a legislative instrument.
As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Consultation
CASA consulted with the RAA, which supported the operator’s application. In addition, the Self-Administering Sports Aviation Organisations Section in CASA consulted the Sydney Region Office of CASA, which did not oppose the application.
Commencement and making
The instrument commences on the day of registration. It stops having effect at the end of 30 September 2016, as if it had been repealed by another instrument.
The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX111/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — Sydney Jabiru Flying School solo flight training at Bankstown aerodrome
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The legislative instrument permits student pilots of Sydney Jabiru Flying School Pty Ltd (the operator) to undertake solo flying in ultralight aeroplanes registered with Recreational Aviation Australia in Bankstown aerodrome controlled airspace. The pilots must be under the control of the operator.
The exemption is subject to conditions imposed by CASA in the interests of the safety of air navigation.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority