Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — instrument rating flight tests for navigation aid endorsements
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to the following:
(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or
(b) the airworthiness of, or design standards for, aircraft.
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 these Regulations (including the Civil Aviation Regulations 1988 (CAR 1988)) or a provision of the Civil Aviation Orders (CAOs) in relation to a matter mentioned in that subsection.
Under subregulation 11.160 (2) of CASR 1998, 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.
Regulation 5.14 of CAR 1988 permits CASA to give directions in CAOs for the issue of a flight crew rating, or a grade of flight crew rating, to a person.
Subregulation 5.14 (2) states that CASA must issue a flight crew rating to a person only if, among other things, the person has passed the necessary flight tests as required under paragraph (2) (a). Subregulation 5.14 (3) states that CASA must not issue a flight crew rating, or a grade of flight crew rating, to a person if, as stated in paragraph (3) (b), the person does not satisfy the requirements of subregulation 5.14 (2).
Regulation 5.19 permits CASA to issue CAOs that describe the flight tests for the issue of a flight crew rating, or a grade of flight crew rating, to a person.
Instrument
CAO 40.2.1 sets out in Appendix I requirements for flight tests for instrument ratings. CAO 40.2.1, Appendix I, sections 2 and 4 set out limitations on the use of a synthetic trainer to demonstrate manoeuvres. Under subparagraph 2.1 (d) of Appendix I to CAO 40.2.1, competence for the initial endorsement of the VOR navigation aid is required to be demonstrated in flight. This requires demonstration of proficiency in sector entry and holding procedures. The exemption permits this competence to be demonstrated in a synthetic trainer for the initial issue of an instrument rating in order to avoid restrictions on carrying out such procedures in an aircraft in controlled airspace.
Subparagraph 2.1 (d) also requires that to demonstrate competence in the use of the ILS navigation aid, competence should be demonstrated in accordance with a published approach procedure. Due to constraints on the use of airspace, there is almost no likelihood of air traffic control (ATC) permitting the demonstration of proficiency in holding patterns for the ILS as required by subparagraph 2.1 (d). Accordingly, the exemption allows competence to be demonstrated by following what are normal ATC procedures in conducting approaches.
The exemption also allows competence in the use of an NDB or VOR approach to be demonstrated without complying with required tolerances specified in subparagraphs 3.5 (a) and (b). Instead, the usual operational procedures mentioned in the Aeronautical Information Publications, or ATC instructions, have to be followed.
The exemption also allows the use of synthetic trainers for VOR sector entry and holding procedures, although that use may otherwise be excluded by Appendix II to CAO 40.2.1, which sets limitations on the use of synthetic trainers.
Synthetic trainers may be used in accordance with the exemption only if approved to a required level as a category B or C synthetic trainer. In addition, the person conducting the test in a synthetic trainer must be approved to do so in a current delegation.
The requirement for the exemption will cease with the commencement of new Part 61 of CASR 1998 on 1 September 2014.
Legislative Instruments Act
Exemptions issued under regulation 11.160 are issued under subsection 98 (5A) of the Act. Subsection 98 (5A), in paragraph (a), states that the regulations may empower CASA to issue an instrument relating to the safe navigation and operation, or the maintenance, of aircraft. Subsection (5AA) states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons. This exemption is accordingly a legislative instrument.
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
The instrument is a reissue of an expired exemption (CASA EX88/11). It is of beneficial effect to people conducting and undertaking flights tests pending the commencement of new regulations. CASA EX88/11 was issued at the request of flight simulator operators and other individuals who have sought the exemption to facilitate the issue of instrument ratings in the limited circumstances in which the exemption applies. In these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).
Making and commencement
The exemption has been issued by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
The exemption commences on the day of registration and expires at the end of 31 August 2014, as if it had been repealed by another instrument.
[Instrument number CASA EX23/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — instrument rating flight tests for navigation aid endorsements
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 exempts aeroplane and helicopter pilots undertaking a flight test for the issue of specified navigation aid endorsements from compliance with some of the requirements in Civil Aviation Order 40.2.1, and replaces them with different requirements, such as the use of a synthetic trainer or compliance with air traffic control instructions.
The purpose of the legislative instrument is to exempt pilots from requirements that are not practical to undertake and instead require compliance with conditions in the exemption to preserve an acceptable level of aviation safety.
The instrument is a reissue of a previous exemption (CASA EX88/11), pending the commencement of Part 61 of the Civil Aviation Safety Regulations 1998 on 1 September 2014, after which the exemption will not be required.
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