CASA EX116/13 - Exemption — instrument rating flight tests in a synthetic flight training device

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Legislation au F2013L01869 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — instrument rating flight tests in a synthetic flight training device

Legislation

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.

 

Paragraph 98 (5A) (a) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of 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 these Regulations (including the Civil Aviation Regulations 1988 (CAR 1988)) or a provision of the Civil Aviation Orders (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.

 

Regulation 5.14 of CAR 1988 permits CASA to give directions in CAOs for the issue of a flight crew rating, or a grade of flight crew rating, to a person.

 

Subregulation 5.14 (2) states that CASA must issue a flight crew rating to a person only if, among other things, the person has passed the necessary flight tests as required under paragraph (2) (a). Subregulation 5.14 (3) states that CASA must not issue a flight crew rating, or a grade of flight crew rating, to a person if, as stated in paragraph (3) (b), the person does not satisfy the requirements of subregulation 5.14 (2).

 

Regulation 5.19 permits CASA to issue CAOs that describe the flight tests for the issue of a flight crew rating, or a grade of flight crew rating, to a person.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

CAO 40.2.1 sets out, in Appendix I, requirements for flight tests for instrument ratings. Sections 2 and 4 of Appendix I of CAO 40.2.1 set out limitations on the use of a synthetic flight training device (SFTD) to demonstrate manoeuvres and state that an initial issue instrument rating flight test must be conducted wholly in an aircraft with the exception of a DME or GPS arrival.

 

It was considered that these requirements should be relaxed in 3 instances:

(a) when the holder of a commercial pilot licence or an air transport pilot licence wishes to convert an overseas instrument rating to an Australian qualification; and

(b) when the holder of an Australian Defence Force rating wishes to convert to an Australian civil qualification; and

(c) when the holder of an instrument rating has let his or her rating lapse for more than 12 months, but not more than 24 months, in which case CAO 40.2.1 requires a flight test for renewal to be conducted as if it were for initial issue.

The upper limit of 24 months may be extended in circumstances where a person has let a grade of rating lapse for more than 24 months but, during part of that time, has held an equivalent rating mentioned in the exemption, allowing him or her to carry out operations of a sort to which the lapsed grade of rating would have applied.

 

The exemption was granted for the following reasons. Frequently pilots who operate air transport category aeroplanes have to take the test in a light twin engine aeroplane due to questions of cost and availability. This does not necessarily enhance safety, and those pilots may not have flown this type of light aircraft for a while, thereby possibly increasing the risk.

 

Appendix II to CAO 40.2.1 sets out the purposes for which synthetic flight trainers may be used. This Appendix casts doubt on whether an SFTD may be used for the issue or renewal of an instrument rating in any of the 3 instances mentioned above. Therefore, the exemption is stated, in Schedule 1, to exclude the requirements of Appendix I, sections 2 and 4, and Appendix II. In these circumstances, it was considered desirable to allow the use of SFTD. The exemption allows the use of an SFTD only if it belongs to one of the 2 specified categories.

 

The instrument renews the exemption in instrument number CASA EX68/11, which expired at the end of July 2013.

 

The instrument expires at the end of 3 December 2013, to coincide with the commencement of Part 61 of CASR 1998, when the requirement for the exemption will cease as Part 61 allows for the use of synthetic flight trainers for the flight test for the initial issue of an instrument rating.

 

Legislative Instruments Act

Subsection 98 (5AA) of the Act states that an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if it applies to a class of persons. This exemption applies to a class of persons and is accordingly a legislative instrument. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).

 

Consultation

CASA EX68/11 was issued at the request of simulator operators and other individuals who sought the exemption to facilitate the issue of instrument ratings in the limited circumstances in which the exemption applied. A simulator operator has requested the renewal of the exemption. This instrument renews the exemption.

 

The instrument is consistent with the policy reflected in the Civil Aviation Legislation Amendment Regulation 2013 (No. 1) (the Amendment Regulation), which inserts Part 61 into CASR 1998 on 4 December 2013. Consultations with industry and the public on the proposals for licensing and training in the Amendment Regulation took place over an extended period of time and are detailed in the explanatory statement for the Amendment Regulation.

 

In these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA in relation to this instrument.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).

 

Making and commencement

The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

The instrument commences on the day of registration and expires at the end of 3 December 2013, as if it had been repealed by another instrument.

 

[Instrument number CASA EX116/13]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption — instrument rating flight tests in a synthetic flight training device

 

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 exempts some pilot licence holders from having to comply with the requirement in Civil Aviation Order 40.2.1 to conduct a flight test for an instrument rating in an aeroplane.

 

The primary purpose of the legislative instrument is to improve the level of safety by allowing the conduct of the flight test in an approved synthetic flight training device.

 

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

 

Overview

The Civil Aviation Safety Regulations 1998, as amended, include a specific exemption concerning instrument rating flight tests in synthetic flight training devices, detailed in F2013L01869. Enacted by the Civil Aviation Safety Authority (CASA), this regulation addresses the need to ensure the safety of air navigation while providing flexibility for certain pilot licence holders. The exemption was introduced to cater to the practical challenges faced by pilots, particularly those transitioning from overseas qualifications, those from the Australian Defence Force, and those whose instrument ratings have lapsed. The policy objective is to enhance safety by allowing the use of synthetic flight training devices in specific situations, which CASA considers equivalent in terms of safety to traditional flight tests in actual aircraft. This regulation was made under the authority of the Civil Aviation Act 1988 and is subject to parliamentary scrutiny as per the Legislative Instruments Act 2003. The exemption, which was initially issued and subsequently renewed, aligns with broader regulatory reforms that permit the use of synthetic flight trainers, set to be fully integrated into the Civil Aviation Safety Regulations by December 2013.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, provide the legal framework for the safety of civil aviation in Australia, with the Civil Aviation Safety Authority (CASA) being the regulatory body responsible for their administration. This legislation applies to all persons and entities involved in civil aviation operations within Australia, including pilots, aircraft operators, and flight training organisations. The regulations cover a wide range of activities, including aircraft maintenance, pilot licensing, and the operation of aircraft. The scope of the Act includes both domestic and international flights, as well as the manufacture and maintenance of aircraft within Australia. Exemptions and thresholds may apply to certain small aircraft operations, as detailed within the regulations. The Act's application can be extended or restricted through subordinate instruments, such as Civil Aviation Orders (CAOs), which provide additional detail on specific regulatory requirements. Exemptions from certain provisions of the Civil Aviation Safety Regulations 1998 or Civil Aviation Orders can be granted under specific conditions to ensure the safety of air navigation, with these exemptions subject to conditions and a maximum duration of three years.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) establish the framework for the safe navigation and operation of aircraft within Australia. Specifically, subregulation 11.160(1) empowers the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory provisions, while subregulation 11.205(1) allows CASA to impose conditions on these exemptions if necessary for air navigation safety. Regulation 5.14 of the Civil Aviation Regulations 1988 (CAR 1988) mandates that CASA can only issue flight crew ratings if certain conditions, including passing flight tests, are met. Regulation 11.225 of CASR 1998 requires that any granted exemptions be published on the Internet, and subregulation 11.230(1) stipulates that these exemptions must cease no later than three years after their commencement unless otherwise specified. Under these provisions, CASA is obligated to ensure that any granted exemptions adhere to safety standards and are clearly communicated to the public. The authority must also consider the specific needs and circumstances of the applicants, particularly in relation to the safe conduct of flight tests for instrument ratings. CASA is required to publish any granted exemptions and ensure that they are enforced according to the specified conditions and timelines. These obligations are designed to maintain the highest standards of aviation safety while providing flexibility where necessary. Breaching the conditions of an exemption can lead to significant consequences. Under the Acts Interpretation Act 1901, any non-compliance with the terms and conditions of the exemption could result in the exemption being deemed invalid. This could lead to CASA revoking the exemption, which may necessitate the individual to undertake the flight test in an aircraft rather than a synthetic flight training device (SFTD), potentially increasing costs and logistical challenges. Furthermore, failing to comply with the conditions could result in CASA taking further regulatory action, including the imposition of fines or other penalties as deemed necessary to ensure compliance with aviation safety standards. The specific penalties for non-compliance are not detailed in the explanatory statement, but they would align with the broader regulatory framework governing civil aviation in Australia.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.