Explanatory Statement
Civil Aviation Regulations 1988
Exemption — solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Inc at Cambridge Aerodrome
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.
Civil Aviation Order 95.55 (CAO 95.55) permits certain aircraft registered with Recreational Aviation Australia Inc (the RAA) to operate in controlled airspace if they comply with conditions set out in the Order. The RAA may conduct flight training in controlled airspace under the Order if the aeroplane is registered with the RAA and the pilot is suitably qualified and trained. RAA students cannot conduct solo operations in controlled airspace unless specifically authorised because they do not have private pilot licences.
The exemption is to allow the Aero Club of Southern Tasmania (the operator) to conduct solo flight training for its students using ultralight aeroplanes registered with the RAA at Cambridge Aerodrome (YCBG).
The operator is required to meet all the conditions in CAO 95.55 for ultralight operations except the requirement not to fly solo in controlled airspace without a valid private pilot licence.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case because the instrument is a renewal of a previous instrument issued after consultation.
The instrument commences on the day after it is registered. It stops having effect at the end of 31 January 2010.
The instrument has been made by the Deputy Chief Executive Officer, Strategy and Support, a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX19/07]
Overview
The Civil Aviation Regulations 1988, as amended by F2007L01285, were enacted to provide a comprehensive regulatory framework for civil aviation safety in Australia, addressing various aspects of aircraft operations, pilot qualifications, and airspace management. This particular amendment introduces an exemption for the Aero Club of Southern Tasmania to conduct solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Inc at Cambridge Aerodrome. The problem it addresses is the restriction on RAA students conducting solo operations in controlled airspace due to their lack of private pilot licences. The exemption aims to facilitate flight training while maintaining safety standards, aligning with the overarching policy objective of the Civil Aviation Act 1988 to ensure the safety of air navigation. The instrument is subject to disallowance in the Parliament and follows a previous exemption, with the consultation process deemed unnecessary for this renewal.
Scope and Application
The Civil Aviation Regulations 1988 provide the framework for safe air navigation in Australia, and section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to enact regulations for this purpose. An exemption under these regulations allows the Aero Club of Southern Tasmania to conduct solo flight training for its students using ultralight aeroplanes registered with Recreational Aviation Australia Inc at Cambridge Aerodrome. This exemption applies specifically to the operation of ultralight aeroplanes in controlled airspace, subject to compliance with conditions outlined in Civil Aviation Order 95.55, with the exception of the requirement for a private pilot licence for solo operations. This exemption is designed to facilitate training activities while maintaining safety standards, and it is subject to disallowance under the Legislative Instruments Act 2003 as a legislative instrument. Notably, this exemption is a renewal of a previous instrument, thereby obviating the need for additional consultation, and it will cease to have effect at the end of 31 January 2010.
Key Provisions
The Civil Aviation Regulations 1988, as amended, include specific provisions that allow for exemptions to certain regulatory requirements, such as the exemption for solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Inc at Cambridge Aerodrome. Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to enact regulations for the Act, with a particular focus on ensuring the safety of air navigation. Civil Aviation Order 95.55 (CAO 95.55) further specifies conditions under which aircraft registered with the RAA can operate within controlled airspace. Notably, RAA students are generally prohibited from conducting solo operations in controlled airspace unless they have a valid private pilot licence, a condition from which this exemption deviates.
The obligations imposed by this legislation on the parties involved, particularly the Aero Club of Southern Tasmania (the operator), are stringent. The operator must ensure that all other conditions stipulated in CAO 95.55 for ultralight operations are met, with the sole exception being the requirement for solo operations in controlled airspace, which does not necessitate a private pilot licence. This means that while the operator can conduct solo flight training using RAA-registered ultralight aeroplanes at Cambridge Aerodrome, they must still comply with all other operational safety standards and requirements as outlined in CAO 95.55.
Failure to adhere to the conditions of this exemption or the broader regulations can lead to serious consequences. Under the Legislative Instruments Act 2003 (LIA), this exemption is classified as a disallowable instrument. Consequently, it is subject to tabling and potential disallowance in Parliament as per sections 38 and 42 of the LIA. Any breach of the terms of this exemption could result in both civil and criminal liabilities, though specific penalties are not detailed in the explanatory statement. The instrument itself is a legislative instrument and comes into effect on the day following its registration, ceasing to have effect at the end of 31 January 2010. It is important to note that consultation under section 17 of the LIA was not necessary in this instance as the exemption is a renewal of a previous instrument issued after consultation.