Explanatory Statement
Civil Aviation Regulations 1988
Exemption — solo flight training using ultralight aeroplanes registered with the RAA at Coffs Harbour 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, 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.
Civil Aviation Order 95.55 (CAO 95.55) permits certain aircraft registered with Recreational Aviation Australia Inc (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 Coffs Harbour and District Aero Club Limited (the operator) to conduct solo flight training for student pilots using ultralight aeroplanes registered with 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. The conditions include a requirement that each student holds 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.
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. The instrument remakes a previous instrument, CASA EX96/09, which ceases to have effect at the end of 31 October 2011.
The instrument commences on 1 November 2011. It stops having effect at the end of 31 October 2014.
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in under subsection 73 (2) of the Act.
[Instrument number CASA EX116/11]
Overview
The Civil Aviation Regulations 1988, as amended by F2011L02149, were introduced to provide a regulatory framework ensuring the safe operation of aircraft in Australia. Enacted by the Australian Parliament, this legislation aims to maintain high safety standards in air navigation and aircraft operations. The specific exemption granted by this instrument addresses a gap in allowing solo flight training for student pilots using ultralight aeroplanes registered with the Recreational Aviation Australia (RAA) at Coffs Harbour Aerodrome, under strict conditions. The Civil Aviation Safety Authority (CASA) issues this exemption to ensure these training activities are conducted safely, aligning with the overarching policy objective of enhancing aviation safety while accommodating specific training needs. The exemption, which is subject to disallowance by Parliament, allows the Coffs Harbour and District Aero Club Limited to operate under conditions specified in Civil Aviation Order 95.55, with additional requirements to ensure safety.
Scope and Application
The Civil Aviation Regulations 1988, as amended by the exemption instrument F2011L02149, allow the Civil Aviation Safety Authority (CASA) to provide specific exemptions to certain regulations to facilitate solo flight training for student pilots using ultralight aeroplanes registered with Recreational Aviation Australia (RAA) at Coffs Harbour Aerodrome. This exemption applies to the operator, Coffs Harbour and District Aero Club Limited, and is subject to certain conditions that ensure the safety of air navigation. These conditions include requirements for student pilots to hold a valid class 2 medical certificate and for the RAA training syllabus to be used, among others. The exemption also mandates the use of the CASA Day (VFR) Syllabus – Aeroplanes for controlled airspace instruction. The exemption is effective for a period of three years from its commencement on 1 November 2011, and it ceases to have effect at the end of 31 October 2014. The exemption allows the operator to conduct solo flight training operations in controlled airspace, which would otherwise require a private pilot licence, by relaxing a specific condition in Civil Aviation Order 95.55. The exemption is a legislative instrument and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.
Key Provisions
The key sections of this legislation allow for an exemption to be granted to the Coffs Harbour and District Aero Club Limited, enabling them to conduct solo flight training for student pilots using ultralight aeroplanes registered with the Recreational Aviation Australia Inc (RAA) at Coffs Harbour Aerodrome. This exemption is under section 11.160(1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) which allows the Civil Aviation Safety Authority (CASA) to grant exemptions from certain provisions of the regulations in the interests of safety of air navigation. The exemption provided under this legislation is specifically for solo flight training and is subject to a number of conditions, including that each student holds a valid class 2 medical certificate and that the RAA training syllabus is used, among others.
The obligations imposed by this legislation are quite specific and detailed. The operator, Coffs Harbour and District Aero Club Limited, must meet all the conditions set out in Civil Aviation Order 95.55 (CAO 95.55) except for the requirement that solo flights in controlled airspace must not be conducted without a valid private pilot licence. This means that while RAA students can participate in solo flight training, they must adhere strictly to the conditions set out in the exemption and the RAO 95.55. The operator is also required to 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 as per the conditions.
In terms of offences, penalties, or consequences for breach, subregulation 308(4) of CAR 1988 declares the exemption to be a disallowable instrument under the Legislative Instruments Act 2003 (LIA). This means that the exemption is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. If the exemption is disallowed by Parliament, it would cease to have effect. Failure to comply with the conditions of the exemption could potentially lead to legal consequences, although the specific penalties for non-compliance are not detailed in the legislation. It is worth noting that the exemption is set to expire on 31 October 2014, unless it is renewed or replaced by another exemption.