Explanatory Statement
Civil Aviation Regulations 1988
Exemption — single-pilot operations in Cessna 550/560 aeroplanes
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, among other things, exempt an aircraft from compliance with specified provisions of CAR 1988. Subregulation 308 (3) provides that such an exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary in the interests of safety.
Subregulation 138 (1) of 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.
Although the normal operation of Cessna 550/560 class aeroplanes requires 2 pilots, single-pilot operations in Cessna 550/560 class aeroplanes are allowed in the United States of America under Exemption 4050 as issued from time to time by the Federal Aviation Administration.
Under Exemption 4050 a single pilot is allowed to operate a Cessna aeroplane included in that class 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 class. Exemption 4050 also requires the carriage of certain equipment on the aircraft.
CASA previously allowed single-pilot operations in Cessna 550/560 class aeroplanes by issuing flight manual supplements for individual aircraft. Those supplements contained certain requirements that would not now be considered appropriate for inclusion. In addition, following amendments of CAR 1988, CASA no longer had its original power of issue. As a result, it was decided to allow single‑pilot operations by means of 1 overall exemption under regulation 308.
The exemption reissues Instrument number CASA EX20/2004. As with the previous instrument, it allows pilots of Australian registered Cessna 550/560 class aeroplanes employed in private operations to operate the aircraft as single pilots. The exemption is subject to compliance with substantially the same conditions.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (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. Under subregulation 308 (4) such an exemption is a disallowable instrument.
The exemption is, therefore, a legislative instrument and 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 because the instrument is of a minor or machinery nature.
The instrument commences on the day after it is registered and stops having effect at the end of 31 March 2009.
It has been made by the Deputy Chief Executive and Chief Operating Officer, on behalf of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX15/2006]
Overview
The Civil Aviation Regulations 1988 were enacted to provide a comprehensive regulatory framework for civil aviation in Australia, addressing the need for consistent and safe aviation practices across the country. This legislation is empowered by Section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations concerning civil aviation. Specifically, the regulations aim to ensure that aircraft operations meet stringent safety standards by detailing requirements for aircraft certification, pilot qualifications, and operational procedures. The Civil Aviation Regulations 1988 were introduced by the Australian Parliament to fill the gap in aviation safety and regulation, providing a structured approach to managing the complexities of civil aviation within the nation's airspace. The policy objective of these regulations is to maintain and enhance the safety and efficiency of civil aviation through well-defined standards and oversight mechanisms.
Scope and Application
The Civil Aviation Regulations 1988, as amended, provide for the exemption of certain aircraft from specified regulatory requirements under the Civil Aviation Act 1988. This particular exemption applies to single-pilot operations of Australian-registered Cessna 550/560 class aeroplanes involved in private operations. The exemption allows these aircraft to be operated by a single pilot, subject to compliance with specific conditions that are necessary for ensuring safety, which are outlined in the flight manual. The exemption is an instrument subject to the Legislative Instruments Act 2003, and it is subject to disallowance in Parliament under that Act. The exemption is not considered to require consultation as it is deemed minor or of a machinery nature. This exemption follows the format of a previously issued exemption and is effective until 31 March 2009.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) have been amended to allow for single-pilot operations in Cessna 550/560 class aeroplanes under a specific exemption. This exemption is issued under section 98 of the Civil Aviation Act 1988 (section 98), empowering the Governor-General to enact regulations. Subregulation 308(1) of CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to exempt an aircraft from certain provisions of the CAR 1988, provided the exemption is subject to conditions specified by CASA as necessary for safety (subregulation 308(3)). The exemption pertains to Australian-registered Cessna 550/560 aeroplanes operating in private capacities, allowing them to be operated by a single pilot under certain conditions. These conditions include the pilot undergoing specific training and a flight test, as well as carrying specified equipment on the aircraft, mirroring the requirements of the Federal Aviation Administration's Exemption 4050 in the United States.
Pilots operating under this exemption must ensure compliance with several obligations outlined in the CAR 1988. Firstly, the pilot in command must adhere to all requirements, instructions, procedures, and limitations outlined in the aircraft's flight manual (subregulation 138(1)). Furthermore, the minimum operating crew for the aircraft must not be less than the number specified in the certificate of airworthiness or the flight manual (regulation 208). The exemption is contingent upon meeting these conditions, which are designed to maintain the highest safety standards despite the reduced crew size.
Failure to comply with the conditions set forth in the exemption or the CAR 1988 can lead to significant consequences. Under the Legislative Instruments Act 2003 (LIA), the exemption is classified as a disallowable instrument (subregulation 308(4) of CAR 1988). This means that the exemption is subject to potential disallowance by Parliament, which can occur under sections 38 and 42 of the LIA. Additionally, any breaches of the conditions or the CAR 1988 could result in civil or criminal penalties, depending on the severity of the violation. The exact penalties are not specified in the document, but they could include fines, suspension or revocation of pilot licenses, and other regulatory actions deemed appropriate by CASA.