CASA EX191/12 - Exemption - solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at Jandakot Aerodrome

Overview

The Civil Aviation Safety Regulations 1998 were amended by the instrument F2012L02521 to grant a specific exemption for solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at Jandakot Aerodrome. Enacted under section 98 of the Civil Aviation Act 1988, this regulation was introduced to address the need for a streamlined training process that allows suitably qualified students to conduct solo operations in controlled airspace without the requirement of a private pilot licence, thereby enhancing training opportunities for aspiring pilots. The exemption is overseen by the Civil Aviation Safety Authority (CASA) and is subject to conditions that ensure the safety of air navigation, including requirements for medical certification and adherence to specified training syllabi. This legislative instrument is subject to parliamentary oversight under the Legislative Instruments Act 2003 and is set to cease operation by the end of 30 November 2015.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for ensuring the safety of aviation in Australia, and under section 98 of the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) has the authority to issue instruments that affect the safe navigation and operation of aircraft, their airworthiness, or design standards. Pursuant to this authority, CASA has issued an exemption to allow Cloud Dancer Pilot Training Pty Ltd to conduct solo flight training using ultralight aeroplanes registered with the Recreational Aviation Australia Incorporated at Jandakot Aerodrome. This exemption applies to the specific class of persons undergoing flight training with the operator, subject to specified conditions designed to ensure safety, such as the requirement for each student to hold a valid class 2 medical certificate and for the use of the RAA training syllabus. The exemption is subject to conditions and is published on the Internet, aligning with subregulation 11.230(1) of CASR 1998, which mandates that such exemptions must be published and have a duration of up to three years. This exemption is a legislative instrument under the Legislative Instruments Act 2003 and, as such, is subject to tabling and disallowance in the Parliament, although consultation under the Legislative Instruments Act was not undertaken in this instance. The exemption is effective from the day after its registration and ceases on 30 November 2015.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) allow the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulations to ensure the safe navigation and operation of aircraft. Specifically, subregulation 11.160(1) of the CASR 1998 empowers CASA to issue exemptions from the Civil Aviation Orders (CAOs), while subregulation 11.205(1) allows for the imposition of conditions on these exemptions to maintain safety standards. Subregulation 11.230(1) specifies that an exemption ceases either on a specified date or, if not specified, three years after it commences. In this context, the exemption under discussion (CASA EX191/12) permits Cloud Dancer Pilot Training Pty Ltd to conduct solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia (RAA) at Jandakot Aerodrome. This exemption modifies the standard requirement under CAO 95.55 that solo flights in controlled airspace must be conducted by pilots with a valid private pilot licence, a condition not met by RAA students. The obligations imposed on Cloud Dancer Pilot Training Pty Ltd by this exemption are stringent to ensure safety. Each student must hold a valid class 2 medical certificate, and the RAA training syllabus must be used for training. Moreover, the CASA Day (VFR) Syllabus – Aeroplanes must be employed for instruction related to controlled airspace. The flight instructor must possess the specified minimum qualifications, and the pilot must either be a pupil of the operator or be performing training sequences authorised by the operator. These requirements are designed to maintain high safety standards during the training process. Failure to comply with the conditions of the exemption may result in civil or criminal consequences. While the specific penalties are not detailed in the text, it is common for breaches of aviation safety regulations to incur substantial fines and, in severe cases, criminal charges. The exemption itself is subject to parliamentary oversight under the Legislative Instruments Act 2003 (LIA), which mandates that legislative instruments be tabled and allows for their disallowance. However, this particular exemption does not appear to have been subject to formal consultation or parliamentary disallowance, as noted in the explanatory statement. Given the safety-critical nature of aviation, any breaches of the exemption conditions could lead to severe repercussions, including the revocation of the exemption and potential legal action against the operator. The exemption is not only a legislative instrument but also subject to the broader framework of Australian aviation law. Under subregulation 11.260(1) of CASR 1998, CASA can delegate the authority to make such exemptions, which is how this exemption was granted. The exemption is effective from the day after its registration and will cease to have effect by the end of 30 November 2015, ensuring that it remains in place for a defined period. This time-bound nature of the exemption allows CASA to periodically review its effectiveness and make any necessary adjustments to maintain the highest safety standards in aviation training.