CASA EX135/12 - Exemption - solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at Camden Aerodrome

Overview

The Civil Aviation Safety Regulations 1998, enacted to ensure the safety of air navigation and the operation of aircraft, include provisions allowing the Civil Aviation Safety Authority (CASA) to grant exemptions from specific regulatory requirements under certain conditions. These exemptions are primarily intended to facilitate aviation training while maintaining safety standards. Section 98 of the Civil Aviation Act 1988 empowers CASA to issue such exemptions, which can be subject to conditions deemed necessary for the safety of air navigation. The exemption under consideration allows Gostner Aviation to conduct solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia (RAA) at Camden Aerodrome, subject to stringent conditions to ensure safety. This exemption is specifically designed to accommodate the unique training needs of RAA students who, without this exemption, would be unable to conduct solo operations in controlled airspace due to the lack of a private pilot licence. The exemption is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, and it will cease to have effect by the end of 31 August 2015.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 empower the Civil Aviation Safety Authority (CASA) to grant exemptions from certain provisions of the regulations, orders, or acts, provided that it is in the interests of the safety of air navigation. Specifically, the exemption in question allows Gostner Aviation to conduct solo flight training for student pilots using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated (RAA) at Camden Aerodrome. This exemption pertains to individuals undergoing flight training and is subject to specific conditions to ensure safety, such as the requirement for each student to hold a valid class 2 medical certificate and the use of the RAA training syllabus. The exemption is applicable to a class of persons undergoing training and is thus considered legislative, subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption, which does not engage any of the applicable human rights, commences on the day of registration and ceases on 31 August 2015. The exemption is subject to conditions that include adherence to the CASA Day (VFR) Syllabus – Aeroplanes for elements of instruction relating to controlled airspace and ensuring that the flight instructor holds specified minimum qualifications. This exemption is part of a broader regulatory framework designed to balance the facilitation of flight training with stringent safety requirements.

Key Provisions

The main operative sections of this legislation are Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act in the interests of the safety of air navigation, and subregulation 11.160 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to grant exemptions from certain provisions of the Regulations, including the Civil Aviation Regulations 1988 and Civil Aviation Orders (CAOs), provided it is in the interests of the safety of air navigation. The exemption is specifically detailed in the Civil Aviation Order 95.55, which allows certain aircraft registered with Recreational Aviation Australia Incorporated (RAA) to operate in controlled airspace if they comply with specified conditions. The obligations and requirements imposed by this legislation on the parties it governs are multifaceted. Firstly, Gostner Aviation, the operator, must meet all the conditions stipulated in CAO 95.55, except the requirement prohibiting solo flight in controlled airspace without a valid private pilot licence. This includes ensuring that each student holds a valid class 2 medical certificate and that the RAA training syllabus is used. Furthermore, CASA Day (VFR) Syllabus – Aeroplanes must be utilized for elements of instruction relating to controlled airspace, and the flight instructor must hold the specified minimum qualifications. Additionally, the pilot must be a pupil of the operator or carrying out training sequences authorized by the operator. Failure to comply with the conditions of the exemption or any other provision of the Civil Aviation Safety Regulations 1998 can lead to several consequences. Offences under the Civil Aviation Act 1988 may result in civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties for breaches can vary widely, from fines to imprisonment, depending on the specific provision violated and the circumstances of the offence. The legislative instrument is also subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, adding another layer of accountability and oversight. The exemption is subject to stringent conditions and is strictly limited in duration, ceasing to have effect at the end of 31 August 2015, ensuring that any risks are managed within a defined timeframe.