CASA EX18/07 - Exemption - solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Inc at Launceston Aerodrome

Overview

The Civil Aviation Regulations 1988, enacted to establish a regulatory framework ensuring the safety and efficiency of civil aviation in Australia, was introduced by the Commonwealth Parliament to address issues surrounding air navigation safety and regulation. This legislation serves as a foundational statute that empowers the Governor-General to create regulations to achieve these objectives. Specifically, Section 98 of the Act allows for the creation of detailed rules and orders to ensure the safety of air navigation. Civil Aviation Order 95.55 (CAO 95.55) under the Civil Aviation Regulations 1988 facilitates the operation of certain aircraft registered with Recreational Aviation Australia Inc in controlled airspace, provided they meet specified conditions. However, RAA students, lacking private pilot licenses, are currently prohibited from conducting solo operations in controlled airspace, which the exemption aims to address by allowing the Tasmanian Aero Club Inc to conduct solo flight training using ultralight aeroplanes registered with RAA at Launceston Aerodrome. This exemption, a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, is a renewal of a previous instrument and does not require further consultation.

Scope and Application

The Civil Aviation Regulations 1988, specifically through the exemption detailed in F2007L01284, apply to the Tasmanian Aero Club Inc, which operates under the registration of ultralight aeroplanes with Recreational Aviation Australia Inc (RAA). This exemption pertains to solo flight training conducted using these ultralight aeroplanes at Launceston Aerodrome. It is aimed at facilitating flight training for students of the operator while adhering to safety standards set out in Civil Aviation Order 95.55. The exemption allows the operator to conduct solo flight training in controlled airspace, an exception to the general rule that solo operations in such airspace require a valid private pilot licence. This exemption is subject to all other conditions specified in CAO 95.55, ensuring the safety of air navigation as mandated by Section 98 of the Civil Aviation Act 1988. Furthermore, as a legislative instrument, this exemption is subject to the scrutiny and potential disallowance under the Legislative Instruments Act 2003.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) establish an exemption under Section 98 of the Civil Aviation Act 1988 (the Act) to allow the Tasmanian Aero Club Inc to conduct solo flight training for its students using ultralight aeroplanes registered with Recreational Aviation Australia Inc (RAA) at Launceston Aerodrome. This exemption is necessary for the safety of air navigation and aligns with the provisions of Civil Aviation Order 95.55 (CAO 95.55), which permits certain RAA-registered aircraft to operate in controlled airspace, provided they adhere to specified conditions. The exemption, however, does not require RAA students to hold a private pilot licence to conduct solo operations in controlled airspace, which is typically a prerequisite under CAO 95.55. The obligations under this exemption are stringent, necessitating the operator to comply with all conditions outlined in CAO 95.55, with the sole exception being the requirement for solo flights in controlled airspace without a valid private pilot licence. This means the operator must ensure that all other safety and operational conditions are met, such as proper registration of the aircraft, adherence to flight training protocols, and ensuring that the training is conducted in a manner that does not compromise air navigation safety. Failure to comply with the conditions set out in this exemption could result in various civil or criminal consequences. As the exemption is a legislative instrument declared under the Legislative Instruments Act 2003 (LIA), it is subject to tabling and disallowance in Parliament. The Deputy Chief Executive Officer, Strategy and Support, acting as a delegate of the Civil Aviation Safety Authority (CASA), made this instrument under subregulation 7(1) of CAR 1988. Although consultation under section 17 of the LIA was not necessary for this exemption as it is a renewal of a previously issued instrument, any breach of the conditions could potentially lead to regulatory scrutiny, enforcement actions, or further legislative measures to ensure compliance. The instrument will remain in effect until 31 January 2010, underscoring the temporary nature of this regulatory provision.