Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — solo flight training at Rockhampton Aerodrome using ultralight aeroplanes registered with the RAA
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Subsection 98 (5A) of the Act provides that the Regulations may empower CASA to issue instruments in relation to the following:
(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or
(b) the airworthiness of, or design standards for, 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 the Regulations, including the Civil Aviation Regulations 1988 or a provision of the Civil Aviation Orders, 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.
Civil Aviation Order 95.55 (CAO 95.55) permits certain aircraft registered with Recreational Aviation Australia Inc (the RAA) to operate in controlled airspace if they comply with conditions set out in CAO 95.55. The RAA may conduct flight training in controlled airspace under CAO 95.55 if the aeroplane is registered with the RAA and the pilot is suitably qualified and trained. RAA students cannot conduct solo operations in controlled airspace unless specifically authorised because they do not have private pilot licences.
The exemption is to allow Peace Aviation Pty Ltd (the operator) to conduct solo flight training for student pilots using ultralight aeroplanes registered with the RAA. The operator is required to meet all the conditions of CAO 95.55 except the requirement not to fly solo in controlled airspace without a valid private pilot licence. The exemption is subject to conditions. The conditions include a requirement that each student holds a valid class 2 medical certificate and that the RAA training syllabus is used. In addition, 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. In addition, the pilot must be a pupil of the operator or carrying out training sequences authorised by the operator. The chief flying instructor must be approved by CASA.
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 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 instrument applies to a class of persons undergoing training and is, therefore, legislative. 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
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 in ultralight aircraft where CASA considers it appropriate to do so.
Human rights implications
The instrument sets out an exemption from legislative requirements as described above. The instrument does not engage any of the applicable rights or freedoms.
Commencement and making
The instrument commences on the day after registration and stops having effect at the end of August 2014.
The exemption has been made by a delegate of CASA under regulation 11.260 of CASR 1998.
[Instrument number CASA EX148/12]
Overview
The Civil Aviation Safety Regulations 1998, enacted to ensure the safety of air navigation, include provisions that allow the Civil Aviation Safety Authority (CASA) to grant exemptions under specific circumstances. One such exemption, detailed in the Explanatory Statement for F2012L01983, permits Peace Aviation Pty Ltd to conduct solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Inc (RAA) at Rockhampton Aerodrome. This exemption addresses the gap where RAA students are unable to conduct solo operations in controlled airspace without a private pilot licence. The exemption is subject to conditions, including the requirement for each student to hold a valid class 2 medical certificate and the use of the RAA training syllabus, as well as CASA Day (VFR) Syllabus for controlled airspace elements. This measure aligns with the overarching policy objective of the Civil Aviation Act 1988, which is to enhance the safety of air navigation through regulated exemptions. The exemption was introduced under the authority of the Governor-General, as empowered by Section 98 of the Act, and is subject to parliamentary oversight under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Safety Regulations 1998 provide a comprehensive framework for the safe navigation and operation of aircraft, including the maintenance of aircraft and the airworthiness and design standards for aircraft. Under the authority of the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) is empowered to issue exemptions from these regulations to ensure safety without unduly restricting aviation activities. One such exemption allows Peace Aviation Pty Ltd to conduct solo flight training for student pilots using ultralight aeroplanes registered with Recreational Aviation Australia Inc (RAA). This exemption is limited to specific conditions, such as the requirement for each student to hold a valid class 2 medical certificate and adherence to the RAA training syllabus. Additionally, the exemption stipulates that elements of instruction relating to controlled airspace must follow the CASA Day (VFR) Syllabus—Aeroplanes, and the flight instructor must meet specified minimum qualifications. The exemption also requires that the pilot must be a pupil of the operator or carrying out training sequences authorised by the operator, and the chief flying instructor must be approved by CASA. The exemption applies nationally and is subject to conditions that align with the broader objectives of the Civil Aviation Safety Regulations.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) empower the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory requirements under specific conditions, as per section 98 of the Civil Aviation Act 1988. This particular exemption, detailed in subregulation 11.160, allows Peace Aviation Pty Ltd to conduct solo flight training for student pilots using ultralight aeroplanes registered with Recreational Aviation Australia Inc (RAA) at Rockhampton Aerodrome. This exemption applies to the solo flight training operations of Peace Aviation Pty Ltd and is valid until August 2014. The exemption allows these ultralight aeroplanes to operate in controlled airspace, which is typically restricted to solo operations by pilots holding a valid private pilot licence. Instead, this exemption applies to RAA students who are appropriately qualified and trained but do not yet hold a private pilot licence.
Under the terms of this exemption, Peace Aviation Pty Ltd must adhere to several conditions to ensure the safety of air navigation. These conditions include requirements for each student pilot to hold a valid class 2 medical certificate, use the RAA training syllabus, and follow the CASA Day (VFR) Syllabus – Aeroplanes for controlled airspace instruction. The flight instructor must hold specified minimum qualifications, and the chief flying instructor must be approved by CASA. Additionally, the pilot must be a pupil of Peace Aviation Pty Ltd or conducting training sequences authorised by the operator. These stringent conditions are designed to mitigate risks associated with solo flight training in controlled airspace.
Breaching the conditions of this exemption can lead to serious consequences. As per regulation 11.205 of the CASR 1998, any violation of the exemption conditions can be considered a breach of the Civil Aviation Act 1988. Such breaches may result in civil or criminal penalties, depending on the severity of the violation and the potential risk to aviation safety. The specific penalties can range from fines to more severe sanctions, including potential imprisonment, depending on the nature and impact of the breach. The exemption, being a legislative instrument, is also subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003, adding an additional layer of oversight and accountability.