Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — of authorised flying instructors employed by Singapore Flying College Pte Ltd
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Paragraph 5.70 (1) (a) of Civil Aviation Regulations 1988 (CAR 1988) provides that, if a student pilot has not passed a general flying progress flight test for the category of aircraft that the student proposes to fly, an authorised flight instructor must not permit the student to fly as pilot in command of an aircraft for more than 3 consecutive hours of flight time in aircraft of that category unless, after each period of 3 hours, the student has undertaken dual flying in an aircraft of that category.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including CAR 1988 or a provision of the Civil Aviation Orders (the CAOs), 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.
The Singapore Flying College Pte Ltd (the College), holds an Air Operator’s Certificate authorising domestic flying training operations. The College’s flying training syllabus permits student pilots to fly as pilot in command of an aircraft for more than 3 consecutive hours. This is inconsistent with the requirement in paragraph 5.70 (1) (a) of CAR 1988.
This instrument exempts authorised flying instructors employed by the College from compliance with paragraph 5.70 (1) (a) of CAR 1988 when conducting flying training.
The College has demonstrated for more than a decade that it can safely conduct student flying training operations in accordance with its syllabus of flying training and trains Singapore Airlines staff who, upon completion of training, return to Singapore to obtain the appropriate licence. The instrument expressly states that the exemption only applies to students seeking a Singapore commercial pilot’s licence.
The exemption is subject to conditions which are considered necessary in the interests of safety. Under these conditions, the flying training must be conducted in Cessna 172 and Raytheon Beechcraft 58 type aircraft, the student pilots of the College must have a minimum of 20 hours’ aeronautical experience and the training must be conducted only for the purposes of the authorised flying instructor’s employment by the College. The instrument also stipulates a 15 hour limit on solo flying without a dual check.
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 CAOs. 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 exemption applies to a class of persons. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (the LIA).
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 as it does not raise any human rights issues. It does not engage any of the applicable rights or freedoms.
Consultation
Consultation within the aviation industry as a whole under section 17 of the LIA has not been undertaken because the instrument applies only to the College and its flying instructors. It renews a previous exemption, CASA EX96/10, granted to the same entity.
Commencement and making
The exemption commences on 1 December 2012. It stops having effect at the end of November 2015.
The exemption has been made by a delegate of CASA under regulation 11.260 of CASR 1998.
[Instrument number CASA EX170/12]
Overview
The Civil Aviation Safety Regulations 1998, as amended by the instrument F2012L02268, introduce an exemption for authorised flying instructors employed by the Singapore Flying College Pte Ltd, addressing a gap in compliance with the Civil Aviation Regulations 1988. Specifically, this exemption allows the College to conduct flying training operations where student pilots can fly as pilot in command for more than the stipulated 3 consecutive hours, which is otherwise inconsistent with the requirements set forth in the Civil Aviation Regulations 1988. The exemption was introduced to facilitate the College's unique training program, which has a proven track record of safely training student pilots, including those who will become Singapore Airlines staff. This legislative instrument, issued under the authority of the Civil Aviation Act 1988, is subject to the conditions necessary for maintaining the safety of air navigation and was made by a delegate of the Civil Aviation Safety Authority (CASA) in accordance with the Civil Aviation Safety Regulations 1998. The exemption is also subject to the Legislative Instruments Act 2003, requiring tabling and disallowance in the Parliament.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) establish a regulatory framework for civil aviation safety in Australia, with the aim of ensuring safe and efficient air navigation. Under Section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the Act, and in the interests of air navigation safety. Specifically, the exemption granted to Singapore Flying College Pte Ltd pertains to authorised flying instructors employed by the college, exempting them from certain requirements of the Civil Aviation Regulations 1988 (CAR 1988) when conducting flying training. This exemption applies to the college’s student pilots who are seeking a Singapore commercial pilot’s licence, allowing them to fly as pilot in command for more than 3 consecutive hours, which is otherwise restricted under CAR 1988. The exemption is subject to specific conditions deemed necessary for safety, including the types of aircraft used, the minimum aeronautical experience of student pilots, and a limit on solo flying hours. This exemption is subject to review and renewal, with a specified duration of three years, and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. It has been determined that this exemption does not raise any human rights issues and does not require broader industry consultation as it applies exclusively to the College and its instructors.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) include a specific exemption for authorised flying instructors employed by the Singapore Flying College Pte Ltd, as outlined in the explanatory statement. This exemption is detailed in subregulation 11.160(1) of the CASR 1998, which allows the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory provisions for matters specified in subsection 98(5A) of the Civil Aviation Act 1988. The exemption applies to the flying instructors of the College and allows them to permit student pilots to fly for more than 3 consecutive hours without requiring dual flying after each 3-hour period, as stipulated in paragraph 5.70(1)(a) of the Civil Aviation Regulations 1988 (CAR 1998). This exemption is subject to specific conditions, including the type of aircraft used (Cessna 172 and Raytheon Beechcraft 58), a minimum of 20 hours of aeronautical experience for the student pilots, and a 15-hour limit on solo flying without a dual check.
The obligations imposed on the parties governed by this Act include adherence to the conditions specified in the exemption. The Singapore Flying College Pte Ltd must ensure that all flying training is conducted within the parameters set by CASA, including the type of aircraft used, the experience level of the student pilots, and the limitation on solo flying hours. The authorised flying instructors must also comply with these conditions when conducting flying training, ensuring that student pilots meet the required aeronautical experience and adhere to the solo flying limit. The College must maintain records and evidence of compliance with these conditions to demonstrate that it can safely conduct student flying training operations in accordance with its syllabus.
Breaching the conditions of the exemption can result in civil and criminal consequences. While the specific penalties are not detailed in the explanatory statement, the Civil Aviation Safety Regulations 1998 generally provide for penalties for non-compliance with safety regulations. These can include fines and other civil penalties, as well as potential criminal charges if the breach results in harm or endangers the safety of air navigation. The maximum penalties for such offences can vary, but they are typically substantial, reflecting the importance of maintaining high safety standards in the aviation industry.