Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — Cessna 500 series aeroplanes single-pilot private operation
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Subregulation 138 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that the pilot in command of an aircraft must comply with a requirement, instruction, procedure or limitation concerning the operation of the aircraft that is set out in the flight manual.
Regulation 208 of CAR 1988 provides that the minimum operating crew for an aircraft must not be less in number than that specified in the certificate of airworthiness of, or flight manual for, the aircraft.
Subregulation 61.805 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that the holder of a pilot type rating is authorised to exercise the privileges of that rating under instrument flight rules only if the holder has a valid instrument proficiency check for the aircraft type covered by the rating. Subregulation 61.805 (3) provides that the holder is taken to have a valid instrument proficiency check for a single-pilot turbojet aeroplane type during a 12 month period after passing the last flight test, or for other periods prescribed in that subregulation.
Subregulation 11.160 (1) of CASR 1998 provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including CAR 1988, 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.
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.
Background
Although the normal operation of Cessna 500 series aeroplanes requires 2 pilots (being a pilot and a co-pilot), single-pilot operations in Cessna 500 series aeroplanes are permitted in the United States of America in accordance with Exemption 11045 issued on 28 August 2014, and revised and reissued from time to time.
Under Exemption 11045, a single pilot is allowed to operate a Cessna 500 series aeroplane if he or she has undergone training and a flight test in accordance with the exemption. Separate training and testing are required in respect of each type of aircraft included in the series. Exemption 11045 also requires the carriage of certain equipment on the aircraft.
Instrument CASA EX20/14 is a current exemption, in force since 25 March 2014, that allows pilots to conduct single-pilot operations on Cessna 500 series aeroplanes in Australia, subject to the pilot completing a training program approved by the Federal Aviation Administration of the United States of America (FAA) in accordance with Exemption 10527. Due to regulatory developments, including the superseding of Exemption 10527 by Exemption 11045 and the introduction of Part 61 of CASR 1998, dealing with flight crew licensing, on 1 September 2014, CASA has decided to repeal CASA EX20/14 and issue this new exemption, CASA EX131/14, to streamline regulatory oversight.
Instrument
This instrument applies to a pilot who holds a C500/550/560(SP) type rating and who conducts private operations. The pilot is exempt from compliance with subregulation 138 (1) of CAR 1988, but only in relation to the aircraft requiring a minimum flight crew of 2 persons. The operator of an aircraft being operated by the pilot is also exempt from compliance with subregulation 208 (1) of CAR 1988, but also only in relation to the aircraft requiring a minimum flight crew of 2 persons. The 2 exemptions operate so that, for private operations, the type rated pilot and operator may operate a Cessna 500 series aeroplane with only 1 pilot in the cockpit.
It is a condition of the instrument that the pilot must undergo an annual instrument proficiency check in accordance with regulation 61.805 of CASR 1998 and the Part 61 Manual of Standards, which specifies technical and knowledge components for a flight review. It is also a condition that the pilot must carry a copy of the instrument and documentation from the Cessna Aircraft Company demonstrating that the pilot has completed the single-pilot training program approved by the FAA.
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 Civil Aviation Orders. 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 exemption applies to classes of persons, being pilots and operators of Cessna 500 series aeroplanes. The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
Consultation
At the request of industry, in September 2014 CASA conducted a review of the requirements for Cessna 500 series aeroplane single-pilot operations in Australia and decided to issue a new exemption that aligned with instrument proficiency check requirements in Part 61 of CASR 1998, in lieu of annual testing requirements specified in Exemption 11045. This ensured that single-pilot typed rated pilots could undertake an annual instrument proficiency check in Australia instead of undertaking a similar flight review in the United States. The instrument is permissive and accords with current industry understanding on the applicability of Exemption 11045. CASA believes that no further consultation is necessary or appropriate under section 17 of the LIA.
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 instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (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. It expires at the end of February 2017, as if it had been repealed by another instrument.
[Instrument number CASA EX131/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — Cessna 500 series aeroplanes single-pilot private operation
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 pilots and operators of Cessna 500 series aeroplanes to operate those aeroplanes without meeting the normal requirement for a pilot and co-pilot. The exemption is subject to conditions imposed by CASA in the interest of aviation safety, including that the pilot must undergo an annual instrument proficiency check for the aircraft type in accordance with regulation 61.805 of the Civil Aviation Safety Regulations 1998 and the Part 61 Manual of Standards.
The primary purpose of the legislative instrument is to allow type rated pilots to operate Cessna 500 series aeroplanes as a single pilot for private operations.
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