EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
EXEMPTION OF AUTHORISED FLYING INSTRUCTORS EMPLOYED BY SINGAPORE FLYING COLLEGE PTE LTD
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Paragraph 308 (1) (b) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may, in relation to a particular aircraft or specified type or category of aircraft, exempt persons from compliance with specified provisions of CAR 1988 while they are in, on, or otherwise associated with the operation of, that aircraft, or aircraft of the specified type or category. Such an exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Subregulation 308 (3) of CAR 1988 provides that CASA is authorised to give an exemption subject to any condition specified in the exemption as being necessary in the interests of safety.
Paragraph 5.70 (a) of CAR 1988 provides that if a student pilot has not passed a general flying progress flight test for the category of aircraft that the student proposes to fly, an authorised flight instructor must not permit the student to fly as pilot in command of an aircraft for more than 3 consecutive hours of flight time in aircraft of that category, unless after each period of 3 hours the student has undertaken dual flying in an aircraft of that category.
The Singapore Flying College PTE Ltd (the College) holds an Air Operator’s Certificate authorising domestic flying training operations. The College’s flying training syllabus permits student pilots to fly as pilot in command of an aircraft for more than 3 consecutive hours. This is inconsistent with the requirement in paragraph 5.70 (a) of CAR 988.
This instrument exempts authorised flying instructors employed by the College from compliance with paragraph 5.70 (a) of CAR 1988 when conducting flying training.
The College has demonstrated for more than a decade that it can safely conduct student flying training operations in accordance with its syllabus of flying training and trains only Singapore Airlines staff who, upon completion of training, return to Singapore to obtain the appropriate licence.
The exemption is subject to conditions which are considered necessary in the interests of safety. Under these conditions, the flying training must be conducted in Cessna 172 and Beechcraft 58 type aircraft, the student pilots of the College must have a minimum of 20 hours aeronautical experience and the training must be conducted only for the purposes of the authorised flying instructors’ employment by the College.
The exemption has been signed by a delegate of CASA appointed under regulation 7 of CAR 1988.
The exemption starts having effect on 1 August 2004 and stops having effect at the end of July 2006.
[Exemption Number: CASA EX28/2004]
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive framework for the regulation of civil aviation in Australia, with a strong emphasis on safety and efficient air navigation. This legislation empowers the Governor-General to issue regulations, ensuring that the Civil Aviation Safety Authority (CASA) can enforce standards that promote the safety and orderly development of civil aviation. One such regulation, the Civil Aviation Regulations 1988, was introduced to provide detailed rules and standards for aviation operations, including the operation of aircraft and the qualifications of personnel involved. This regulatory framework is essential to address the complexities and risks associated with the aviation industry, ensuring that all operations adhere to high safety and operational standards.
The exemption for authorised flying instructors employed by Singapore Flying College PTE Ltd was introduced to reconcile a specific operational inconsistency identified in the Civil Aviation Regulations 1988. While paragraph 5.70(a) mandates that student pilots should not fly as the pilot in command for more than three consecutive hours without dual flying, the College’s approved syllabus permits such extended solo flights. This exemption, issued under the authority granted in section 98 of the Civil Aviation Act 1988 and regulation 308 of the Civil Aviation Regulations 1988, allows the College to continue its established training practices under strict safety conditions. The exemption is intended to maintain operational consistency while ensuring that safety remains the paramount concern, as demonstrated by the College’s long-standing safety record.
Scope and Application
The Civil Aviation Regulations 1988 Exemption of Authorised Flying Instructors Employed by Singapore Flying College PTE Ltd pertains to authorised flying instructors employed by the Singapore Flying College PTE Ltd, a company that has been granted an Air Operator’s Certificate authorising domestic flying training operations. This exemption applies to the specific context of the College’s flying training operations which allow student pilots to fly as pilot in command of an aircraft for more than three consecutive hours, a practice that is inconsistent with the general requirement under the Civil Aviation Regulations 1988. The exemption is limited to operations conducted in Cessna 172 and Beechcraft 58 type aircraft and is contingent on the student pilots having a minimum of 20 hours of aeronautical experience. Furthermore, the exemption is designed exclusively for the purposes of the authorised flying instructors' employment by the College, which exclusively trains Singapore Airlines staff. This exemption is in effect from 1 August 2004 until the end of July 2006, and is subject to conditions deemed necessary for safety, as authorised by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988.
Key Provisions
Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations regarding the safety of air navigation. Specifically, Paragraph 308(1)(b) of the Civil Aviation Regulations 1988 empowers the Civil Aviation Safety Authority (CASA) to exempt individuals from certain regulatory requirements when they are involved in the operation of a specific aircraft or type of aircraft, provided such exemptions do not compromise safety. This exemption can be subject to conditions deemed necessary for safety, as outlined in Subregulation 308(3). Paragraph 5.70(a) of the Civil Aviation Regulations 1988 generally mandates that student pilots must undertake dual flying in an aircraft of the category they propose to fly if they have not passed a general flying progress flight test for that category and wish to fly as pilot in command for more than three consecutive hours.
The Civil Aviation Regulations 1988, as amended by this instrument, impose certain obligations on the Singapore Flying College PTE Ltd and its authorised flying instructors. The exemption allows the College's authorised flying instructors to conduct flying training in Cessna 172 and Beechcraft 58 type aircraft without adhering to the requirement that student pilots should not fly as pilot in command for more than three consecutive hours unless they have undertaken dual flying. However, this exemption comes with conditions: student pilots must have a minimum of 20 hours of aeronautical experience, and the training must be for the purposes of their employment by the College. These conditions are in place to ensure that the exemption does not compromise safety.
Failure to comply with the conditions of this exemption could result in civil or criminal penalties. The Civil Aviation Regulations 1988 may impose fines or other penalties for non-compliance with conditions set forth in such exemptions. Additionally, CASA has the authority to revoke the exemption if it is found that the conditions necessary for safety are not being met, which could further lead to legal consequences for the College or its instructors. The maximum penalties for non-compliance with Civil Aviation Regulations are not specified in this particular exemption but can include fines or imprisonment under the general provisions of the Civil Aviation Act 1988.