CASA EX29/11 – Exemption – Christopher Thomas Keating

Overview

The Civil Aviation Regulation 1988, enacted by the Australian Government, addresses the need for regulations governing the safety of air navigation. Specifically, this legislation allows the Governor-General to create regulations that ensure the safety of air navigation in line with the Civil Aviation Act 1988. The Civil Aviation (Christopher Thomas Keating) Exemption 2011 was introduced to provide a solution for a particular case where Christopher Thomas Keating, who holds a UK/Joint Aviation Authority instrument rating since 1991, sought permission to undertake an initial issue command instrument rating flight test in a simulator instead of undergoing flight testing in an aircraft. The exemption was issued by the Civil Aviation Safety Authority (CASA) after careful consideration of all relevant safety concerns, and it is subject to disallowance by the Parliament under the Legislative Instruments Act 2003. This exemption is unique in that it was prepared at the request of the individual it concerns, thereby negating the need for formal consultation. The exemption was effective from 1 March 2011 until 30 April 2011.

Scope and Application

The Civil Aviation Regulation 1988 Exemption for Christopher Thomas Keating pertains to the issuance of a command instrument rating flight test in a simulator, deviating from the standard requirement of conducting the test in an aircraft. This exemption applies specifically to Christopher Thomas Keating, who holds a UK/Joint Aviation Authority instrument rating since 1991 and has requested permission to undertake an initial issue command instrument rating flight test in a simulator. The exemption was issued by the Civil Aviation Safety Authority (CASA) after considering all relevant safety considerations. The exemption is subject to the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, specifically under section 98 of the Act, which empowers the Governor-General to make regulations for the Act and the safety of air navigation. The exemption also falls under the Civil Aviation Orders, particularly CAO 40.2.1, which sets out the directions relating to the issue and renewal of instrument ratings, including the conduct of flight tests. The exemption is a legislative instrument declared under the Legislative Instruments Act 2003, and as such, it is subject to tabling and disallowance in the Parliament. The exemption commenced on 1 March 2011 and ceased on 30 April 2011, and it was issued by the Director of Aviation Safety on behalf of CASA.

Key Provisions

The Civil Aviation Regulation 1988, specifically under section 98 of the Civil Aviation Act 1988, empowers the Governor-General to create regulations that ensure the safety of air navigation. The key provisions of this regulation, as outlined in the explanatory statement, allow the Civil Aviation Safety Authority (CASA) to issue directions in Civil Aviation Orders (CAOs) regarding the issuance of flight crew ratings, as detailed in subregulation 5.14(1) and (2) of the Civil Aviation Regulations 1988 (CAR 1988). These provisions state that CASA can set the requirements for issuing a flight crew rating to a person, which includes ensuring the person has passed the necessary flight tests and met other stipulated requirements. Furthermore, under regulation 5.16 of CAR 1988, CASA has the authority to issue or renew a flight crew rating subject to certain conditions. Regulation 5.18 allows CASA to specify the authority granted by a flight crew rating, any limitations on that authority, and the flight tests required before exercising that authority. The obligations imposed by the Act on the parties and entities it governs are stringent, focusing primarily on ensuring the safety of air navigation and the competency of flight crew. According to CAR 1988, CASA must ensure that any person who wishes to obtain or renew a flight crew rating has met all the necessary requirements, including passing the required flight tests and fulfilling any additional conditions specified in the CAOs. For instance, Civil Aviation Order 40.2.1 (CAO 40.2.1) sets out the detailed directions for the issue and renewal of instrument ratings, including the conduct of flight tests. Paragraph 12A.1 of CAO 40.2.1 allows for the renewal of an instrument rating to be conducted in a recognised flight simulator, while Paragraph 1.3 of Appendix I of CAO 40.2.1 permits the demonstration of specified manoeuvres and procedures in an approved synthetic trainer where authorised. Failure to comply with the provisions of the Act or the regulations can result in significant consequences. The explanatory statement indicates that the exemption issued for Christopher Thomas Keating is subject to the Legislative Instruments Act 2003 (LIA), which means it is a disallowable instrument under regulation 5A of CAR 1988. As a legislative instrument, it is subject to tabling and disallowance in Parliament under sections 38 and 42 of the LIA. While specific offences and penalties are not detailed in the explanatory statement, it is clear that any breach of the safety regulations or failure to comply with CASA's directions could lead to severe civil or criminal penalties, reflecting the high stakes involved in aviation safety. The exemption itself is time-bound, commencing on 1 March 2011 and ceasing to have effect on 30 April 2011, underscoring the temporary nature of such regulatory interventions.