CASA EX127/13 - Exemption — instrument rating flight tests in a synthetic flight training device

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Legislation au F2013L02034 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 revokes and replaces the exemption in instrument number CASA EX116/13, which would have expired at the end of 3 December 2013.

 

The instrument expires at the end of 31 August 2014, 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

A previous similar exemption (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 requested the renewal of the exemption, and CASA did so in CASA EX116/13. This instrument renews the exemption to take into account the postponement of the commencement date of the Civil Aviation Legislation Amendment Regulation 2013 (No. 1) (the Amendment Regulation), which inserts Part 61 into CASR 1998, by the Civil Aviation Legislation Amendment (Flight Crew Licensing Suite) Regulation 2013.

 

The instrument is consistent with the policy reflected in the Amendment Regulation. 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 31 August 2014, as if it had been repealed by another instrument.

 

[Instrument number CASA EX127/13]

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 (CASR 1998) were enacted to ensure the safety of air navigation and operation of aircraft within Australian airspace. This legislative instrument, F2013L02034, was introduced to address specific gaps in the regulatory framework concerning the use of synthetic flight training devices (SFTD) for instrument rating flight tests. The exemption was made under the authority granted to the Civil Aviation Safety Authority (CASA) by subsection 98(5A) of the Civil Aviation Act 1988, enabling CASA to issue regulations for the safe navigation and operation of aircraft. The exemption allows certain categories of pilot licence holders to use SFTD for instrument rating flight tests, which was previously restricted, thereby improving safety and accommodating the practical needs of pilots. This legislative instrument was subject to consultation with industry stakeholders and the public, aligning with broader regulatory amendments aimed at modernising flight crew licensing practices. It is consistent with the legislative intent to enhance safety while providing flexibility in training modalities.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the authority for the Civil Aviation Safety Authority (CASA) to issue exemptions from certain aviation regulations and orders, including flight test requirements for instrument ratings. This particular exemption applies to specific individuals who hold a commercial pilot licence, an air transport pilot licence, or an Australian Defence Force rating, and those who have let their instrument rating lapse for more than 12 months but less than 24 months. The exemption allows these individuals to undertake their instrument rating flight tests in a synthetic flight training device (SFTD), instead of being restricted to an actual aircraft, as previously required. The exemption is applicable on a national level within Australia and is subject to the provisions of the Civil Aviation Act 1988 and associated regulations, orders, and legislative instruments. It expires at the end of 31 August 2014, when the new Part 61 of CASR 1998 will come into effect, allowing for the use of SFTD for the initial issue of an instrument rating. This exemption does not apply to cases where a pilot's instrument rating has lapsed for more than 24 months unless they held an equivalent rating during that period.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include a provision under subregulation 11.160(1) that allows the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulations, including those set out in the Civil Aviation Orders (CAOs). Specifically, subregulation 11.160(2) permits the exemption to apply to an individual or a class of persons, identified by membership in a specified body or other characteristics. Furthermore, under subregulation 11.205(1), CASA may impose conditions on such an exemption if necessary for the safety of air navigation, and regulation 11.225 requires that any exemption be published on the internet. The exemption in question expires no later than three years from its commencement, as per subregulation 11.230(1). The obligations imposed on the parties governed by this legislation include adherence to the terms and conditions of the exemption granted by CASA. This means that any person or class of persons covered by the exemption must comply with the specific conditions set by CASA to ensure that the exemption does not compromise the safety of air navigation. Furthermore, the exemption must be used strictly within the parameters outlined by CASA, and any use outside these parameters could lead to the revocation of the exemption. The legislation also outlines the potential consequences for breaches of the conditions set out in the exemption. Under the Civil Aviation Act 1988, subsection 98(5A), CASA has the power to issue instruments for matters affecting the safe navigation and operation of aircraft. The potential penalties for non-compliance with these regulations could include civil or criminal penalties, depending on the severity of the breach. However, the specific penalties are not outlined in the text provided, and would need to be referred to in the relevant sections of the Civil Aviation Act 1988 or other applicable legislation.

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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.