Explanatory Statement
Civil Aviation Regulation 1988
Exemption — Christopher Thomas Keating
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
CAR 1988
Under subregulation 5.14 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions in Civil Aviation Orders (the CAOs), setting out the requirements for the issue to a person of a grade of flight crew rating. Under subregulation 5.14 (2) of CAR 1988, CASA must issue the grade of flight crew rating by entering it in the person’s log book only if the person has passed the necessary flight tests and satisfied the other requirements and conditions.
Regulation 5.16 of CAR 1988 provides that CASA may issue or renew a flight crew rating subject to conditions. Regulation 5.18 provides that CASA may give directions in the CAOs setting out the authority that is given by a flight crew rating, the limitation on that authority and the flight tests that must be passed before the authority is exercised.
Civil Aviation Order 40.2.1 (CAO 40.2.1) sets out the directions relating to the issue and renewal of instrument ratings, including the conduct of flight tests. It also contains conditions relating to the duration of an instrument rating and to recent experience requirements.
Paragraph 12A.1 of CAO 40.2.1 provides that renewal of a grade of instrument rating may be undertaken in a recognised flight simulator.
Paragraph 1.3 of Appendix I of CAO 40.2.1 provides that the manoeuvres and procedures specified in CAO 40.2.1 may be demonstrated in flight or, where authorised in the section, in an approved synthetic trainer. Appendix II of CAO 40.2.1 provides the instrument rating credits for approved synthetic trainers.
There is no provision to allow the initial issue of a grade of instrument rating to Christopher Thomas Keating except by flight testing in an aircraft. He has held a UK/Joint Aviation Authority instrument rating since 1991 and has applied for permission to undertake an initial issue command instrument rating flight test in a simulator. CASA, after taking into account all relevant considerations relating to the interests of safety, has issued this exemption.
Legislative Instruments Act 2003 (the LIA)
Because the exemption affects the operation of CAO 40.2.1, it is declared to be a disallowable instrument under regulation 5A of CAR 1988. Under subparagraph 6 (d) (i) of the LIA, an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. Under section 18 of the LIA, consultation is not necessary. This is an instrument prepared at the request of the person to whom it applies. The instrument remakes instrument CASA EX14/11.
The instrument commences on 1 March 2011 and stops having effect at the end of 30 April 2011.
The instrument has been issued by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
[Instrument number CASA EX29/11]