CASA EX18/13 - Exemption - recency flying at night by holders of night V.F.R. agricultural ratings

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2013L00276 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — recency flying at night by holders of night V.F.R. agricultural ratings

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.

 

Under subregulation 5.14 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions in Civil Aviation Orders (the CAOs) setting out the requirements for the issue of a flight crew rating to a person. Under subregulation 5.14 (1A) of CAR 1988, the CAOs may include any requirements and conditions to be satisfied by the person.

 

CASA has issued a direction in Civil Aviation Order 40.2.2 (the Order). Under subparagraph 5 (1) (a) of Appendix II of the Order, the holder of a night V.F.R. agricultural rating must not exercise the authority given by the rating unless he or she has obtained a minimum of 20 hours’ flying experience at night in agricultural operations in the 12 months preceding the flight. Agricultural pilots are not able to meet the recency requirements because of the nature of the operations.

 

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 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 instrument exempts the holder of a night V.F.R. agricultural rating from the requirement to have obtained a minimum of 20 hours’ flying experience at night in agricultural operations in the 12 months preceding the flight. However, as a condition of the exemption, a recency requirement option of either 10 hours’ flying experience or assessment of competence is substituted. Further restrictions are placed on beginning an agricultural operation later than 20 minutes before night, including a requirement for recent experience in agricultural operations, or practice of the necessary manoeuvres in an unladen aircraft, at night. CASA does not think that safety will be compromised if the conditions are met.

 

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. 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 instrument applies to a class of persons, namely agricultural pilots. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).

 

Consultation

Consultation under section 17 of the LIA has been undertaken in the form of discussions with the Aerial Agricultural Association of Australia. The instrument remakes a previous instrument, CASA EX28/11, which ceases to have effect at the end of February 2013.

Human Rights Compatibility Statement

A statement of compatibility with human rights is at Attachment 1.

Making and commencement

The exemption commences on 1 March 2013 and stops having effect at the end of February 2016.

This exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

[Instrument number CASA EX18/11]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption — recency flying at night by holders of night V.F.R. agricultural ratings

 

This legislative 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.

 

Overview of the legislative instrument

The legislative instrument permits a pilot, who is the holder of a night V.F.R. agricultural rating, to exercise the authority given by that rating despite not having met the standard recent experience requirements set out in Civil Aviation Order 40.2.2. The exemption is subject to conditions imposed by CASA in the interest of safety which require the pilot to meet an alternative recent experience requirement or to have recently demonstrated competence in conducting agricultural operations at night.

The primary purpose of the legislative instrument is to allow pilots to continue to conduct agricultural operations at night, with appropriate safeguards, in circumstances where they are not able to meet the standard recent experience requirements.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation, as empowered by section 98 of the Civil Aviation Act 1988. The regulations provide the framework for the Civil Aviation Safety Authority (CASA) to issue directions and set requirements for flight crew ratings. A gap identified in these regulations concerned the holders of night Visual Flight Rules (VFR) agricultural ratings, who often find it difficult to meet the minimum 20 hours' flying experience at night in agricultural operations within the preceding 12 months, as stipulated in Civil Aviation Order 40.2.2. This difficulty arises from the nature of agricultural operations. To address this issue, the Civil Aviation Safety Regulations 1998 were amended to allow CASA to grant exemptions from these recency requirements, subject to specific conditions designed to maintain safety standards. These conditions include alternative recency requirements or assessments of competence, ensuring that safety is not compromised. The policy objective is to enable agricultural pilots to continue their night operations while maintaining the highest safety standards.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by F2013L00276, establish an exemption for holders of a night Visual Flight Rules (VFR) agricultural rating from the requirement of having a minimum of 20 hours of flying experience at night in agricultural operations within the 12 months preceding the flight. This exemption is granted under the authority of the Civil Aviation Act 1988, specifically section 98, which empowers the Governor-General to make regulations in the interests of the safety of air navigation. The exemption applies to agricultural pilots who are unable to meet the standard recency requirements due to the nature of their operations. As a legislative instrument, this exemption applies to a class of persons, specifically agricultural pilots, and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption includes conditions imposed by the Civil Aviation Safety Authority (CASA) to ensure safety, such as requiring either 10 hours of flying experience or an assessment of competence, along with restrictions on beginning agricultural operations later than 20 minutes before night. The exemption is effective from 1 March 2013 until the end of February 2016.

Key Provisions

The Civil Aviation Safety Regulations 1998, as amended, establish the framework under which the Civil Aviation Safety Authority (CASA) can grant exemptions to certain regulatory requirements to ensure the safety of air navigation. Specifically, subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998 allows CASA to grant an exemption from compliance with a provision of the regulations, including the Civil Aviation Regulations 1998 and the Civil Aviation Orders, in matters specified under the Act. This is provided that the exemption is in the interest of the safety of air navigation. The regulations also allow for conditions to be imposed on such exemptions (subregulation 11.205(1)) and mandate that the exemption be published on the internet (regulation 11.225). The exemption will cease no later than three years after its commencement unless a specific end date is stated (subregulation 11.230(1)). In the case of holders of a night V.F.R. agricultural rating, the regulations permit an exemption from the requirement to have obtained a minimum of 20 hours’ flying experience at night in agricultural operations in the 12 months preceding the flight. Instead, CASA imposes a condition that requires either 10 hours’ flying experience or an assessment of competence. Further, there is a restriction that an agricultural operation must not commence later than 20 minutes before night, unless the pilot has had recent experience in agricultural operations, or has practiced the necessary manoeuvres in an unladen aircraft, at night. These conditions are considered sufficient to ensure the safety of air navigation. Failure to comply with the conditions of the exemption could result in civil or criminal penalties. Under section 38 of the Legislative Instruments Act 2003, an instrument issued under section 98(5A) of the Civil Aviation Act 1988 is subject to tabling and disallowance in the Parliament. If an exemption is granted without proper authority or if a pilot operates an aircraft in a manner that contravenes the conditions of the exemption, they could face legal consequences. The specific penalties for breaches of aviation regulations are not detailed in the provided text, but they could include fines, suspension or revocation of the pilot's licence, or other enforcement actions deemed necessary by CASA to ensure compliance and safety. The legislative instrument was developed in consultation with the Aerial Agricultural Association of Australia, and it remakes a previous instrument, CASA EX28/11, which ceased to have effect at the end of February 2013. The exemption, CASA EX18/11, is subject to parliamentary scrutiny and is compatible with human rights as it does not engage any of the applicable rights or freedoms. It is designed to allow pilots to continue conducting agricultural operations at night, with appropriate safeguards, in circumstances where they are unable to meet the standard recent experience requirements.

Legal classification tags

Area of Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Exemptions & Exclusions
Compliance Obligations
Prohibited Conduct

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.