CASA EX130/11 - Exemption - solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at Archerfield Aerodrome

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation and aircraft operation, and they are administered by the Civil Aviation Safety Authority (CASA). This particular exemption was introduced to address the need for solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated (RAA) at Archerfield Aerodrome. The exemption allows Pathfinder Aviation Pty Ltd to conduct such training while complying with most conditions of Civil Aviation Order 95.55, except for the requirement to avoid solo flight in controlled airspace without a private pilot licence. The exemption is subject to specific conditions, including the requirement for students to hold a valid class 2 medical certificate and for the RAA training syllabus to be used. The flight instructor must also meet specified minimum qualifications and use the CASA Day (VFR) Syllabus for elements of instruction relating to controlled airspace. This exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to disallowance in the Parliament. Although consultation under section 17 of the LIA was not undertaken for this specific exemption, similar instruments have been issued for pilot training in controlled airspace where deemed appropriate by CASA.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) govern the safe navigation and operation, maintenance, airworthiness, and design standards of aircraft in Australia, as empowered by Section 98 of the Civil Aviation Act 1988. This regulation permits the Civil Aviation Safety Authority (CASA) to issue exemptions from certain provisions of the Civil Aviation Regulations 1988 (CAR 1988), Civil Aviation Orders, and the CASR 1998 if it is in the interests of the safety of air navigation. Such exemptions can be granted to specific individuals or classes of individuals and may be subject to conditions imposed by CASA, as outlined under subregulations 11.205 and 11.230 of the CASR 1998. Exemptions must be published on the Internet and generally cease no later than three years from their commencement unless a specific end date is specified. This particular exemption applies to Pathfinder Aviation Pty Ltd, allowing them to conduct solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated (RAA) at Archerfield Aerodrome, provided all conditions are met, including the use of the RAA training syllabus and adherence to the CASA Day (VFR) Syllabus for controlled airspace. The exemption is a legislative instrument subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. The exemption commences on the day of registration and ceases on 30 November 2013.

Key Provisions

The key provision of this legislation, as outlined in subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), allows the Civil Aviation Safety Authority (CASA) to grant exemptions from certain provisions of the regulations in matters affecting the safe navigation and operation, or the maintenance, of aircraft, as well as the airworthiness of, or design standards for, aircraft. Specifically, this exemption pertains to solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated (RAA) at Archerfield Aerodrome. This exemption permits the operation in controlled airspace under certain conditions, as stipulated in Civil Aviation Order 95.55 (CAO 95.55). The obligations imposed by this exemption on the parties involved include adherence to the conditions outlined in CAO 95.55. This includes the requirement that each student pilot holds a valid class 2 medical certificate and that the RAA training syllabus is used for flight training. Additionally, 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. These conditions ensure that the solo flight training is conducted safely and in accordance with the regulations. In the event of a breach of the conditions of this exemption, there may be civil or criminal consequences. The maximum penalties for breaches of the Civil Aviation Safety Regulations 1998 can include fines of up to $10,000 for individuals and $50,000 for corporations, as well as imprisonment for up to 12 months for individuals and 5 years for corporations. It is important for the parties involved to strictly adhere to the conditions of the exemption to avoid any potential penalties or consequences. As a legislative instrument, this exemption is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). Although consultation under section 17 of the LIA has not been undertaken in this case, a number of similar instruments have been issued to allow pilot training to take place in controlled airspace where CASA considers it appropriate to do so. This exemption is made by a delegate of CASA under subregulation 11.260(1) of CASR 1998 and is numbered CASA EX130/11. It commences on the day of registration and stops having effect at the end of 30 November 2013.