Explanatory Statement
Civil Aviation Act 1988
Exemption — carriage of passengers on training flight
Section 98 of the Civil Aviation Act 1988 (the Act) enables the Governor-General to regulate for the purposes of the Act and towards the safety of air navigation.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (2) provides that before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Subregulation 308 (3) provides that CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety.
Subregulation 249 (1) of CAR 1988 provides that the pilot in command of an aircraft that carries a passenger must not engage in certain specified types of flying. In particular, paragraph 249 (1) (b) provides that the pilot in command must not engage in practice of emergency procedures in the aircraft, and paragraph 249 (1) (c) provides that he or she must not engage in low flying practice.
Applicants for an instrument of delegation as an approved testing officer (ATO) or for approval as a check pilot in a training and checking organisation are assessed by CASA following completion of a course of training. The course of training may include training with an industry mentor or a training and checking captain. The training usually includes flights where the applicant observes the conduct of a flight test or check, in which the control seats are occupied by the mentor or training and checking captain and another pilot undergoing a check or a flight test. These checks may include simulated emergency procedures or low flying practice.
This practice is of great benefit to the observer. He or she is enabled to observe the techniques employed by an experienced ATO or training and checking captain. They may also be contrary to paragraph 249 (1) (b) or (c). As a result, this exemption was issued to allow the practice to continue.
The instrument has been issued subject to several conditions that are mentioned in Schedule 2. The presence of the observer as part of his or her training is permitted only if it is required under the procedures contained in an approved training and checking manual, or if it is approved by CASA as part of a training program, or if the observer is a CASA inspector or examiner under training. Flight manoeuvres are limited to those that are specifically authorised for the aircraft and required for the flight test or check being conducted. The observer must minimise movement, noise and other distractions, and must adhere to sterile cockpit procedures where applicable.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 provides that an exemption is a disallowable instrument. Under the Legislative Instruments Act 2003 (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. The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
There has been no consultation with the industry. This instrument is issued to enable
persons undergoing training to benefit from a recognised and suitable procedure. As such it is of benefit to the aviation industry.
The instrument commences on the day after it is registered and stops having effect at the end of 30 April 2012.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX33/10]