Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at Launceston Aerodrome
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 Incorporated (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 the Tasmanian Aero Club (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. 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 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 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 31 August 2015.
The exemption has been made by a delegate of CASA under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX149/12]
Overview
The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation and aircraft operations, with the overarching aim of protecting public safety. The authority to create these regulations stems from Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to enact regulations for the Act. These regulations are designed to cover a broad array of issues, from the safe navigation and operation of aircraft to their airworthiness and design standards. The Civil Aviation Safety Regulations 1998, along with the Civil Aviation Orders, form the backbone of aviation safety governance in Australia, allowing for the flexibility to issue exemptions when necessary for the safety of air navigation. This legislative framework ensures that aviation safety standards are both met and can be adapted to new circumstances or technologies as needed.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the instrument F2012L01899, establish an exemption that allows the Tasmanian Aero Club to conduct solo flight training for student pilots using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated (RAA) at Launceston Aerodrome. This exemption applies to individuals undergoing flight training and is intended to facilitate the training of student pilots in controlled airspace while ensuring adherence to stringent safety conditions. The exemption is subject to specific requirements, such as the use of the RAA training syllabus, adherence to the CASA Day (VFR) Syllabus for elements related to controlled airspace, and the requirement that the flight instructor holds the specified minimum qualifications. Additionally, each student must possess a valid class 2 medical certificate, and the chief flying instructor must be approved by the Civil Aviation Safety Authority (CASA). This exemption is legislative in nature as it applies to a class of persons undergoing training and is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. The exemption is in effect until the end of 31 August 2015.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) relevant to this exemption concern granting exemptions from compliance with the Regulations (section 11.160) and the conditions under which such exemptions can be imposed (section 11.205). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, and subsection 98(5A) of the Act allows for the creation of instruments regarding the safe navigation, operation, maintenance, airworthiness, or design of aircraft. Subregulation 11.160(1) of the CASR 1998 specifies that the Civil Aviation Safety Authority (CASA) can grant exemptions from provisions of the Regulations or Civil Aviation Orders, and subregulation 11.205(1) allows CASA to impose conditions on these exemptions as necessary for air navigation safety. The exemption in question allows the Tasmanian Aero Club to conduct solo flight training for student pilots using ultralight aeroplanes registered with the Recreational Aviation Australia Incorporated (RAA) at Launceston Aerodrome, subject to specific conditions.
The obligations imposed on the parties governed by this Act include adherence to the conditions of Civil Aviation Order 95.55 (CAO 95.55), which permits certain aircraft registered with the RAA to operate in controlled airspace under specified conditions. Specifically, the operator must ensure that each student holds a valid class 2 medical certificate and uses the RAA training syllabus. The operator must also employ the CASA Day (VFR) Syllabus – Aeroplanes for instruction relating to controlled airspace, and the flight instructor must meet the specified minimum qualifications. Additionally, 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. All these conditions are necessary to maintain safety standards during the solo flight training sessions.
The Act outlines potential offences, penalties, and consequences for non-compliance with the regulations and conditions of the exemption. Under subregulation 11.205(1) of the CASR 1998, CASA can impose conditions on an exemption if necessary for the safety of air navigation, and failure to comply with these conditions can lead to revocation of the exemption. Additionally, any breach of the conditions may result in civil or criminal consequences, including fines and imprisonment, as stipulated under relevant aviation laws. The maximum penalties for non-compliance with civil aviation regulations can vary, but they are significant, reflecting the critical importance of maintaining safety in air navigation.