Explanatory Statement
Civil Aviation Regulation 1988
Exemption — Christopher Thomas Keating
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.
CAR 1988
Under subregulation 5.14 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions in Civil Aviation Orders (the CAOs), setting out the requirements for the issue to a person of a grade of flight crew rating. Under subregulation 5.14 (2) of CAR 1988, CASA must issue the grade of flight crew rating by entering it in the person’s log book only if the person has passed the necessary flight tests and satisfied the other requirements and conditions.
Regulation 5.16 of CAR 1988 provides that CASA may issue or renew a flight crew rating subject to conditions. Regulation 5.18 provides that CASA may give directions in the CAOs setting out the authority that is given by a flight crew rating, the limitation on that authority and the flight tests that must be passed before the authority is exercised.
Civil Aviation Order 40.2.1 (CAO 40.2.1) sets out the directions relating to the issue and renewal of instrument ratings, including the conduct of flight tests. It also contains conditions relating to the duration of an instrument rating and to recent experience requirements.
Paragraph 12A.1 of CAO 40.2.1 provides that renewal of a grade of instrument rating may be undertaken in a recognised flight simulator.
Paragraph 1.3 of Appendix I of CAO 40.2.1 provides that the manoeuvres and procedures specified in CAO 40.2.1 may be demonstrated in flight or, where authorised in the section, in an approved synthetic trainer. Appendix II of CAO 40.2.1 provides the instrument rating credits for approved synthetic trainers.
There is no provision to allow the initial issue of a grade of instrument rating to Christopher Thomas Keating except by flight testing in an aircraft. He has held a UK/Joint Aviation Authority instrument rating since 1991 and has applied for permission to undertake an initial issue command instrument rating flight test in a simulator. CASA, after taking into account all relevant considerations relating to the interests of safety, has issued this exemption.
Legislative Instruments Act 2003 (the LIA)
Because the exemption affects the operation of CAO 40.2.1, it is declared to be a disallowable instrument under regulation 5A of CAR 1988. Under subparagraph 6 (d) (i) of the LIA, an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. Under section 18 of the LIA, consultation is not necessary. This is an instrument prepared at the request of the person to whom it applies.
The instrument commences on the day of registration and stops having effect at the end of 28 February 2011.
The instrument has been issued by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
[Instrument number CASA EX14/11]
Overview
The Civil Aviation Regulation 1988, enacted by the Parliament of Australia, provides the framework for the regulation of civil aviation within the country, including the issuance of flight crew ratings. This legislation was introduced to address the need for a structured and safety-oriented approach to the certification of pilots, ensuring that all flight crew members meet the required standards for operating aircraft safely. The regulation empowers the Civil Aviation Safety Authority (CASA) to issue and renew flight crew ratings, with specific conditions and requirements outlined in the Civil Aviation Regulations 1988 and the Civil Aviation Orders. In a specific case involving Christopher Thomas Keating, CASA issued an exemption allowing him to undertake an initial issue command instrument rating flight test in a simulator, instead of the standard flight test in an aircraft, based on his previous qualifications and experience. This exemption, declared as a disallowable instrument under the Legislative Instruments Act 2003, was issued without the need for consultation as it was prepared at the request of the individual concerned.
Scope and Application
The Civil Aviation Regulation 1988, as amended by F2011L00210, applies to the issuance of flight crew ratings, specifically addressing the exemption for Christopher Thomas Keating to undertake an initial issue command instrument rating flight test in a simulator, which is typically only allowed through flight testing in an aircraft. This regulation extends to individuals holding instrument ratings from other jurisdictions, such as Keating's UK/Joint Aviation Authority instrument rating. The exemption is issued under the authority of the Civil Aviation Act 1988, which empowers the Governor-General to establish regulations for civil aviation safety. The exemption affects the operation of Civil Aviation Orders 40.2.1, which otherwise only permit the renewal of instrument ratings in recognised flight simulators, not the initial issue of such ratings. The exemption is a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in the Parliament, although no consultation was deemed necessary as the exemption was requested by the individual to whom it applies. This exemption is effective from the day of registration and will cease on 28 February 2011.
Key Provisions
The main operative sections of the instrument concern the exemption granted to Christopher Thomas Keating to undertake an initial issue command instrument rating flight test in a simulator, as outlined in Regulation 5.14(2) of the Civil Aviation Regulations 1988 (CAR 1988). Under this regulation, the Civil Aviation Safety Authority (CASA) is required to issue a grade of flight crew rating to a person by entering it in their logbook, provided the person has passed the necessary flight tests and satisfied other requirements and conditions. Section 5.18 of CAR 1988 allows CASA to issue or renew a flight crew rating subject to conditions, and Civil Aviation Order 40.2.1 (CAO 40.2.1) sets out the directions for the issue and renewal of instrument ratings, including the conduct of flight tests.
The instrument imposes specific obligations on CASA, including the requirement to issue the exemption to Christopher Thomas Keating, allowing him to undertake the initial issue command instrument rating flight test in a simulator. CASA must also ensure that the exemption is granted in accordance with the safety considerations outlined in the instrument. Furthermore, CASA must adhere to the conditions set out in CAO 40.2.1 for the issue and renewal of instrument ratings, including the demonstration of manoeuvres and procedures in flight or in an approved synthetic trainer as specified in Appendix I and II of CAO 40.2.1.
The instrument does not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, any breach of the conditions set out in CAO 40.2.1 or failure to comply with the requirements of the Civil Aviation Regulations 1988 may result in CASA taking appropriate enforcement action, such as the suspension or revocation of a flight crew rating. Under section 17 of the Legislative Instruments Act 2003 (LIA), an instrument is subject to tabling and disallowance in the Parliament, which could result in the instrument being declared invalid if disallowed by either House of Parliament. The instrument is declared to be a disallowable instrument under regulation 5A of CAR 1988 and is subject to the provisions of the LIA, including sections 38 and 42, which relate to tabling and disallowance.