EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
EXEMPTION UNDER REGULATION 308
SINGLE-PILOT OPERATIONS IN CESSNA 550/560 CLASS AEROPLANES
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, among other things, exempt an aircraft from compliance with specified provisions of CAR 1988. Subregulation 308 (3) provides that such an exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary in the interests of safety. Under subregulation 308 (4) such an exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Subregulation 138 (1) of CAR 1988 provides that the pilot in command of an aircraft must comply with a requirement, instruction, procedure or limitation concerning the operation of the aircraft that is set out in the flight manual.
Regulation 208 of CAR 1988 provides that the minimum operating crew for an aircraft must not be less in number than that specified in the certificate of airworthiness of, or flight manual for, the aircraft.
Although the normal operation of Cessna 550/560 class aeroplanes requires 2 pilots, single-pilot operations in Cessna 550/560 class aeroplanes are allowed in the United States of America under Exemption 4050 as reissued from time to time by the Federal Aviation Administration (FAA).
Under Exemption 4050 a single pilot is allowed to operate a Cessna aeroplane included in that class if he or she has undergone training and a flight test in accordance with the exemption. Separate training and testing are required in respect of each type of aircraft included in the class. Exemption 4050 also requires the carriage of certain equipment on the aircraft.
In Australia, CASA previously allowed single-pilot operations in Cessna 550/560 class aeroplanes by issuing flight manual supplements for individual aircraft. Those supplements contained certain requirements that would not now be considered appropriate for inclusion. In addition, following amendments of CAR 1988, CASA no longer had its original power of issue. As a result, it was decided to allow single-pilot operations by means of one overall exemption under regulation 308. CASA then issued exemption CASA EX17/2001.
The exemption reissues Exemption CASA EX17/2001. As with the previous instrument, it allows pilots of Australian registered Cessna 550/560 class aeroplanes employed in private operations to operate the aircraft as single pilots. The exemption is subject to compliance with substantially the same conditions. In addition, for the avoidance of doubt, it now requires a single pilot to treat the exemption as having priority over previously issued flight manual supplements, in case of an inconsistency.
The exemption came into effect on gazettal and stops having effect at the end of March 2006.
The exemption was issued by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, appointed under regulation 7 of CAR 1988.
[Exemption Number: CASA EX20/2004]
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to regulate civil aviation and ensure safety within the industry. This Act empowers the Governor-General to make regulations that govern the civil aviation sector, including the operation of aircraft. The Civil Aviation Regulations 1988 (CAR 1988) were established under this Act and provide detailed rules and standards for the aviation industry. One such regulation, subregulation 308(1) of CAR 1988, allows the Civil Aviation Safety Authority (CASA) to exempt aircraft from specific provisions of the regulations, subject to safety conditions. The exemption under discussion allows single-pilot operations for certain Cessna 550/560 class aeroplanes, aligning with similar practices in the United States, and is intended to ensure that safety standards are maintained while providing operational flexibility. This exemption, CASA EX20/2004, supersedes previous flight manual supplements and was issued to address the need for updated and consistent regulations for single-pilot operations in these aircraft.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) Exemption under regulation 308 for Single-Pilot Operations in Cessna 550/560 Class Aeroplanes pertains to the operation of aircraft registered in Australia. This exemption applies specifically to pilots operating these aircraft in private capacity. The exemption allows single-pilot operations subject to compliance with certain conditions designed to ensure safety, mirroring the requirements of the Federal Aviation Administration's Exemption 4050 in the United States. These conditions include specific training and flight tests for each type of aircraft within the class, as well as the carriage of certain equipment on board. The exemption is issued under the authority of the Civil Aviation Safety Authority (CASA) and supersedes any conflicting requirements in previously issued flight manual supplements. This regulatory measure was implemented to streamline the regulatory framework for such operations in Australia, ensuring that safety standards are maintained while providing flexibility for pilots. The exemption is effective from the date of its gazette until the end of March 2006.
Key Provisions
The key operative sections of this legislation are section 98 of the Civil Aviation Act 1988 (CAA 1988) and subregulation 308 of the Civil Aviation Regulations 1988 (CAR 1988). Section 98 of the CAA 1988 allows the Governor-General to make regulations, while subregulation 308(1) of CAR 1988 provides the Civil Aviation Safety Authority (CASA) with the authority to exempt aircraft from specified provisions of the CAR 1988, subject to certain conditions. This particular exemption under regulation 308 allows single-pilot operations for Cessna 550/560 class aeroplanes, provided that the aircraft complies with the conditions specified by CASA for safety purposes.
The obligations imposed by this legislation are primarily on CASA and the pilots operating the Cessna 550/560 class aeroplanes. CASA is responsible for issuing the exemption, which includes the conditions necessary to ensure safety. Pilots must comply with these conditions, which include having undergone specific training and a flight test for each type of aircraft in the class, as well as carrying certain required equipment on board. Moreover, the exemption takes precedence over any conflicting requirements in previously issued flight manual supplements.
Failure to comply with the conditions set out in this exemption may result in various consequences. Firstly, under subregulation 308(4) of CAR 1988, such an exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. This means that the exemption can be disallowed by either house of the Parliament. In terms of safety, non-compliance with the conditions may result in CASA taking enforcement action, which could include fines or other penalties. The maximum penalties for breaches of the Civil Aviation Act 1988 can include fines of up to $504,000 for individuals and $2,520,000 for bodies corporate, as well as potential imprisonment for serious offences. These penalties are in addition to any other civil or criminal consequences that may arise from non-compliance with the conditions set out in this exemption.