CASA EX164/14 - Exemption — solo flight training using ultralight aeroplanes registered with the RAA at Coffs Harbour Aerodrome

Overview

The Civil Aviation Safety Regulations 1998, amended through the instrument F2014L01621, were enacted to address the specific operational needs of the Coffs Harbour and District Aero Club Limited, allowing them to conduct solo flight training for student pilots using ultralight aeroplanes registered with Recreational Aviation Australia (RAA) at Coffs Harbour Aerodrome. This exemption was necessary because RAA students are generally not permitted to perform solo operations in controlled airspace unless they hold a valid private pilot licence. The exemption enables the operator to bypass the requirement to fly solo in controlled airspace without such a licence, provided they meet stringent conditions set by the Civil Aviation Safety Authority (CASA). These conditions include ensuring that each student holds a valid CASA recreational aviation medical practitioner’s certificate, adheres to the RAA training syllabus, and uses the CASA Day (VFR) Syllabus – Aeroplanes for instruction related to controlled airspace. Additionally, the flight instructor must possess the specified minimum qualifications. This legislative instrument was enacted by a delegate of CASA under the authority granted by the Civil Aviation Act 1988 and the Legislative Instruments Act 2003, and it is subject to parliamentary scrutiny and disallowance. The exemption is compatible with human rights as it does not engage any of the rights or freedoms outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, provide for the regulation of civil aviation safety, including the granting of exemptions by the Civil Aviation Safety Authority (CASA). Specifically, the exemption under discussion allows the Coffs Harbour and District Aero Club Limited to conduct solo flight training for student pilots using ultralight aeroplanes registered with the Recreational Aviation Australia (RAA) at Coffs Harbour Aerodrome. This exemption applies to student pilots and other pilots who are under the control of the named operator. The exemption, subject to specific conditions, allows these pilots to operate in controlled airspace without holding a valid private pilot licence, which is a departure from the usual requirement under Civil Aviation Order 95.55. Conditions include that each student must hold a valid CASA recreational aviation medical practitioner’s certificate and adhere to the RAA training syllabus. The exemption is legislative as it applies to a class of persons undergoing training and is subject to tabling and disallowance in the Parliament. The exemption is also subject to a Statement of Compatibility with Human Rights, which confirms that the exemption does not engage any applicable rights or freedoms. The exemption commences on the day of registration and expires at the end of October 2016.

Key Provisions

The key provisions of the Civil Aviation Safety Regulations 1998 (CASR 1998) relevant to this exemption are found in subregulations 11.160 and 11.205. Subregulation 11.160(1) allows the Civil Aviation Safety Authority (CASA) to grant exemptions from provisions of the regulations if it is necessary for the safety of air navigation. Subregulation 11.205(1) allows CASA to impose conditions on an exemption to ensure safety. Under this exemption, Coffs Harbour and District Aero Club Limited (the operator) can conduct solo flight training for student pilots using ultralight aeroplanes registered with Recreational Aviation Australia (RAA) at Coffs Harbour Aerodrome. The exemption allows the operator to deviate from certain conditions in Civil Aviation Order 95.55 (CAO 95.55) but requires compliance with others. For example, the exemption allows solo flights in controlled airspace, which CAO 95.55 otherwise prohibits for RAA students. The obligations imposed by the exemption on the operator and student pilots are significant. Each student must hold a valid CASA recreational aviation medical practitioner’s certificate and must follow the RAA training syllabus. The operator must use the CASA Day (VFR) Syllabus – Aeroplanes for elements of instruction relating to controlled airspace. Additionally, the flight instructor must hold the specified minimum qualifications as per the conditions outlined in the exemption. The operator must also ensure that all flights are conducted safely and in compliance with the exemption conditions. There are potential civil and criminal consequences for non-compliance with the conditions of the exemption. Under the Civil Aviation Act 1988, any person who contravenes the terms of an exemption may be liable to penalties. For example, an individual may be fined up to $22,200 for an individual offence and up to $111,000 for a corporate offence. Furthermore, CASA has the authority to cancel the exemption if it determines that continued operation under the exemption is unsafe. Such actions could also lead to further regulatory scrutiny or legal proceedings. This exemption, being a legislative instrument, is subject to parliamentary scrutiny and potential disallowance under the Legislative Instruments Act 2003. CASA must table the instrument in Parliament and allow for a period of disallowance. The exemption itself is effective from the date of registration and expires at the end of October 2016, or earlier if repealed by another instrument. This ensures that the exemption is temporary and subject to review, maintaining a high standard of safety in aviation operations.