CASA EX28/15 - Exemption — solo flight training using ultralight aeroplanes registered with the RAA at Bankstown Aerodrome

Overview

The Civil Aviation Safety Regulations 1998, as amended by F2015L00154, introduce an exemption to allow Soar Aviation-Bankstown to conduct solo flight training for student pilots using ultralight aeroplanes registered with the Recreational Aviation Australia (RAA) at Bankstown Aerodrome. This exemption addresses the gap that currently prevents RAA students from conducting solo operations in controlled airspace due to the lack of a private pilot licence. The exemption is intended to enhance safety and training standards while ensuring compliance with existing regulations. Enacted by the Civil Aviation Safety Authority (CASA) under the authority granted by Section 98 of the Civil Aviation Act 1988, the primary policy objective is to maintain the safety of air navigation. The exemption is subject to conditions, including medical certification for students and adherence to specific training syllabuses, and it is also subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. A Statement of Compatibility with Human Rights confirms that this legislative instrument does not engage any applicable rights or freedoms.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to grant exemptions to ensure the safety of air navigation, including the safe operation and maintenance of aircraft and their airworthiness. The authority to grant such exemptions is conferred by section 98 of the Act, which enables the Governor-General to make regulations in the interests of air navigation safety. Specifically, subregulation 11.160 of the Civil Aviation Safety Regulations 1998 allows CASA to issue exemptions from certain provisions of the regulations, including the Civil Aviation Regulations 1988 and Civil Aviation Orders, provided these exemptions pertain to safe navigation, operation, maintenance, or airworthiness of aircraft. The exemption granted to Soar Aviation-Bankstown for conducting solo flight training using ultralight aeroplanes registered with the Recreational Aviation Australia at Bankstown Aerodrome is subject to stringent conditions to ensure compliance with safety standards. These conditions include requirements for students to hold specific medical certificates and for flight instructors to meet certain qualifications. Additionally, the exemption is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, and it has been declared a disallowable instrument as it affects the operation of Civil Aviation Order 20.18. The exemption is applicable only to the named operator and is limited to the specified ultralight aeroplanes registered with the Recreational Aviation Australia. The exemption is also subject to a Statement of Compatibility with Human Rights, which confirms that the instrument does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) empower the Civil Aviation Safety Authority (CASA) to issue exemptions from certain regulations in the interest of air navigation safety. Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations concerning safe navigation, operation, maintenance, and airworthiness of aircraft. Subregulation 11.160(1) of the CASR 1998 further provides that CASA can grant exemptions from the provisions of the Civil Aviation Regulations 1988 (CAR 1988) or Civil Aviation Orders, subject to certain conditions. The exemption in question allows Soar Aviation-Bankstown to conduct solo flight training for student pilots using ultralight aeroplanes registered with the Recreational Aviation Australia (RAA). This exemption is subject to various conditions, including the requirement that each student holds a class 1 or class 2 medical certificate or a CASA recreational aviation medical practitioner's certificate, and that the RAA syllabus for instructing students is used. Additionally, the operator must use the CASA Day (VFR) Syllabus for elements of instruction relating to controlled airspace, and the flight instructor must hold the specified minimum qualifications. The exemption imposes several obligations on the parties it governs. Soar Aviation-Bankstown must ensure that all student pilots hold the appropriate medical certificates and that the RAA syllabus is used for instructing students. Moreover, the flight instructor must meet CASA's minimum qualification requirements. The operator is also required to use the CASA Day (VFR) Syllabus for elements of instruction relating to controlled airspace. These conditions are designed to ensure that solo flight training is conducted safely and in compliance with the necessary standards. The legislation also outlines the consequences for non-compliance with the regulations. Under subregulation 11.205(1) of the CASR 1998, CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Failure to meet these conditions could result in the revocation of the exemption, potentially leading to the cessation of solo flight training activities. Additionally, under regulation 5A of the CAR 1988, if CASA has issued a Civil Aviation Order (CAO) and CASA later issues an exemption that affects the operation of that CAO, the later document is declared to be a disallowable instrument. This instrument is subject to tabling and disallowance in the Parliament, under sections 24, 38, and 42 of the Legislative Instruments Act 2003 (LIA). Non-compliance could, therefore, lead to broader regulatory scrutiny and potential legislative consequences. The exemption is also subject to a Statement of Compatibility with Human Rights, which confirms that the legislative instrument does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement concludes that the legislative instrument is compatible with human rights as it does not raise any human rights issues. CASA consulted with the RAA and Airservices Australia during the development of this exemption, ensuring that the proposed operations align with safety standards and do not pose risks to other airspace users. This consultation process involved reviewing previous exemptions for similar operations, which have been successfully implemented.