CASA EX15/07 - Exemption - solo flight training using ultralight aeroplanes registered with Recreational Aviation Airfield Inc at Parafield Aerodrome

Overview

The Civil Aviation Regulations 1988, as amended by F2007L01028, introduce an exemption to facilitate solo flight training for students using ultralight aeroplanes registered with Recreational Aviation Australia Inc (RAA) at Parafield Aerodrome. Enacted under Section 98 of the Civil Aviation Act 1988 by the Australian Parliament, this regulation aims to enhance the safety of air navigation while accommodating the unique training needs of RAA students. The exemption allows Forsyth Aviation, an RAA-registered operator, to conduct solo flight training in controlled airspace, subject to specific conditions outlined in Civil Aviation Order 95.55, such as instructor qualifications and the syllabus of instruction. This measure addresses the gap in RAA students' ability to conduct solo operations in controlled airspace without holding a private pilot licence, thereby enabling them to gain necessary flight experience in a controlled environment. The exemption is a legislative instrument subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, reflecting the importance of oversight in aviation safety regulations.

Scope and Application

The exemption under F2007L01028 pertains to the Civil Aviation Regulations 1988, specifically addressing solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Inc at Parafield Aerodrome. This exemption allows Forsyth Aviation to conduct solo flight training in controlled airspace for its students, provided that the ultralight aeroplanes meet the conditions set out in Civil Aviation Order 95.55. It is pertinent to note that while RAA students are generally not permitted to conduct solo operations in controlled airspace due to the lack of a private pilot licence, this exemption allows for such operations under specific conditions. The exemption is subject to certain stipulations concerning the instructors and the syllabus of instruction. This legislative instrument is subject to tabling and disallowance in the Parliament as per the Legislative Instruments Act 2003. Notably, this exemption is a renewal of a previous instrument, thus consultation under section 17 of the LIA was not undertaken. The exemption is effective from the day after registration and ceases to have effect at the end of 31 January 2010. The instrument was authorised by a delegate of CASA under subregulation 7(1) of CAR 1988.

Key Provisions

The Civil Aviation Regulations 1988, as amended by this instrument, provide an exemption (section 1) that allows Forsyth Aviation to conduct solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Inc (RAA) at Parafield Aerodrome. This exemption is granted under 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. This specific exemption enables Forsyth Aviation to operate solo flight training, a departure from the general requirement under Civil Aviation Order 95.55 (CAO 95.55) that solo operations in controlled airspace must be conducted by a pilot with a valid private pilot licence. However, the exemption is subject to conditions that ensure safety and compliance with the regulations. Forsyth Aviation, as the operator, must adhere to all the conditions outlined in CAO 95.55 for ultralight operations, with the exception of the solo flight restriction in controlled airspace. This includes ensuring that all instructors meet specific qualifications and that the syllabus of instruction complies with regulatory standards. The exemption also imposes a responsibility on Forsyth Aviation to maintain records and reports as required by the Civil Aviation Safety Authority (CASA), ensuring transparency and accountability in their training operations. Breach of the conditions set out in the exemption or failure to comply with the regulations could result in significant consequences. Under the Civil Aviation Act 1988, any non-compliance could lead to enforcement actions by CASA, which may include fines, suspension or revocation of the exemption, or other regulatory penalties. The severity of these penalties can vary depending on the nature and extent of the breach, with potential maximum penalties outlined in the Civil Aviation Act and associated regulations. Additionally, any failure to meet the statutory obligations could also result in legal action by affected parties, further underscoring the importance of strict adherence to the conditions of the exemption. In summary, the exemption granted to Forsyth Aviation to conduct solo flight training using RAA-registered ultralight aeroplanes at Parafield Aerodrome is subject to stringent conditions aimed at maintaining safety and compliance. The operator must ensure that all regulatory requirements are met, and any breach of these conditions could result in severe penalties, including potential legal action. The exemption is a legislative instrument and is subject to tabling and disallowance in Parliament, reflecting the importance of oversight and accountability in aviation safety regulations.