CASA EX28/09 - Exemption - single-pilot operations in Cessna 550/560 aeroplanes

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide detailed rules and regulations to ensure the safety and efficiency of civil aviation in Australia. This legislation was introduced to address the need for comprehensive regulatory oversight of civil aviation activities, including aircraft operations, pilot licensing, and maintenance standards. The regulations empower the Civil Aviation Safety Authority (CASA) to exempt aircraft from certain compliance requirements, provided that safety conditions are met. The problem this legislation aimed to address was the lack of a structured regulatory framework for civil aviation, which could potentially lead to safety risks and inefficiencies. CASA, as the enforcing body, was given the authority to issue exemptions under section 98 of the Civil Aviation Act 1988, subject to conditions that ensure safety. The policy objective behind these regulations is to maintain high safety standards in civil aviation while allowing flexibility for specific operational needs.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988, as amended by the instrument CASA EX28/09, provides for a specific exemption concerning single-pilot operations in Cessna 550/560 class aeroplanes. This exemption applies to pilots of Australian registered Cessna 550/560 aeroplanes involved in private operations, allowing them to operate these aircraft as single pilots under certain conditions. These conditions include the pilot undergoing training and a flight test specific to each type of aircraft within the class, as well as the carriage of certain equipment on the aircraft. The exemption is subject to safety conditions set by the Civil Aviation Safety Authority (CASA) and is consistent with those previously outlined in flight manual supplements for individual aircraft. This legislative instrument is a disallowable instrument under the Legislative Instruments Act 2003 and, as such, it is subject to tabling and disallowance in the Parliament. The exemption is effective from 1 April 2009 until 31 March 2011 and has been made by a delegate of CASA under subregulation 7(1) of CAR 1988.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) contain provisions that permit the exemption of specific aircraft from certain regulatory requirements. Under subregulation 308(1) of CAR 1988, the Civil Aviation Safety Authority (CASA) can issue exemptions for aircraft to operate without full compliance with specified regulations. Such exemptions are conditional upon the aircraft meeting any safety-related conditions that CASA specifies, as detailed in subregulation 308(3). The authority to issue these exemptions is granted under section 98 of the Civil Aviation Act 1988. Additionally, the pilot in command of an aircraft must adhere to operational requirements, instructions, procedures, and limitations set out in the aircraft's flight manual as per subregulation 138(1). The minimum crew requirements for an aircraft, as outlined in regulation 208, must also be met, ensuring that the number of pilots does not fall below the specifications in the aircraft’s certificate of airworthiness or flight manual. The exemption in question allows single-pilot operations for Australian-registered Cessna 550/560 class aeroplanes employed in private operations, subject to compliance with specific conditions. These conditions include the pilot undergoing specific training and a flight test for each type of aircraft within the class, and the carriage of certain required equipment on board. This exemption mirrors the conditions previously set out in flight manual supplements issued by CASA but is now formalized under a single exemption instrument, CASA EX28/09. This approach ensures that all necessary safety conditions are uniformly applied across all eligible aircraft, reflecting current regulatory standards. Entities governed by this exemption must ensure that their operations comply with the detailed conditions stipulated by CASA. This includes ensuring that pilots are adequately trained and tested, and that the specified equipment is carried on board during each flight. The conditions are designed to maintain the safety standards required for single-pilot operations in these types of aircraft. Failure to comply with these conditions could result in the exemption being revoked, thereby requiring the aircraft to revert to the standard two-pilot operation requirement. Breaching the conditions of the exemption can have significant legal consequences. Under subparagraph 6(d)(i) of the Legislative Instruments Act 2003, the exemption is a disallowable instrument and thus a legislative instrument. As such, it is subject to tabling and disallowance in Parliament under sections 38 and 42 of the LIA. Non-compliance may also lead to civil or criminal penalties, although the specific penalties are not detailed in the provided text. The exemption is made by a delegate of CASA under subregulation 7(1) of CAR 1988, and it commenced on 1 April 2009, expiring at the end of 31 March 2011.