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]
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for civil aviation in Australia, focusing on safety and regulation. The Act empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation, with the Civil Aviation Regulations 1988 (CAR 1988) playing a crucial role in this regard. One particular exemption issued under this Act allows for the carriage of passengers on training flights, which is intended to benefit trainees by enabling them to observe experienced pilots during flight tests and checks, including simulated emergency procedures and low flying practices. This exemption, issued by the Civil Aviation Safety Authority (CASA), is subject to several conditions aimed at maintaining safety standards, such as limiting flight manoeuvres to those authorised for the aircraft and requiring the observer to minimise distractions. The exemption is also subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. This legislative instrument is designed to enhance training outcomes for aviation personnel while ensuring compliance with safety regulations.
Scope and Application
The Civil Aviation Act 1988, under Section 98, empowers the Governor-General to establish regulations for the purposes of the Act and the safety of air navigation. Specifically, Subregulation 308(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or individuals involved in their operation from certain regulatory provisions, provided that the exemption serves the interests of safety. Before granting such an exemption, CASA must consider all relevant safety factors as stipulated in Subregulation 308(2), and may impose conditions on the exemption as necessary under Subregulation 308(3). This exemption is applicable to situations where 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 observe flight tests or checks during their training. These observations might include simulated emergency procedures or low flying practice, which are generally prohibited under Subregulation 249(1)(b) and (c) of CAR 1988 for the pilot in command of an aircraft carrying a passenger. The exemption allows these practices to continue for training purposes, subject to certain conditions outlined in Schedule 2, including adherence to approved training and checking manuals, specific flight manoeuvres authorised for the aircraft, and compliance with sterile cockpit procedures. The exemption is a disallowable instrument under the Legislative Instruments Act 2003 and must be tabled and potentially disallowed in Parliament. It applies nationally across Australia and is intended to benefit the aviation industry by facilitating effective training for future aviation professionals.
Key Provisions
The key provisions of this legislative instrument under the Civil Aviation Act 1988 (section 98) allow the Governor-General to regulate for the purposes of the Act, specifically towards the safety of air navigation. Subregulation 308(1) of the Civil Aviation Regulations 1988 (CAR 1988) grants the Civil Aviation Safety Authority (CASA) the authority to exempt aircraft, or individuals associated with their operation, from specified provisions of CAR 1988. This exemption process requires CASA to consider all relevant safety considerations (subregulation 308(2)) and can impose specific conditions on the exemption as necessary for safety (subregulation 308(3)). Subregulation 249(1) of CAR 1988 further restricts pilots in command from engaging in certain types of flying, such as practising emergency procedures (paragraph 249(1)(b)) and low flying practice (paragraph 249(1)(c)) when carrying passengers.
This exemption primarily serves 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. It allows these applicants to observe flight tests or checks conducted by mentors or training and checking captains, including simulated emergency procedures or low flying practice, which are typically prohibited under subregulation 249(1)(b) and (c). The exemption permits the presence of observers during such activities if it is part of an approved training and checking manual, approved by CASA as part of a training program, or if the observer is a CASA inspector or examiner in training. The exemption also imposes conditions such as limiting flight manoeuvres to those specifically authorised for the aircraft and required for the flight test or check, and mandates that observers minimise movement, noise, and distractions, and adhere to sterile cockpit procedures where applicable.
The obligations imposed by this Act on the parties it governs include adherence to the conditions specified in the exemption, such as ensuring that the presence of the observer is in line with an approved training and checking manual or approved by CASA, limiting the flight manoeuvres to those required for the flight test or check, and following sterile cockpit procedures. CASA inspectors and examiners in training must also ensure that their presence and activities do not compromise safety.
There are no specific offences or penalties mentioned in the Act for breach of the conditions set out in the exemption. However, any breach of the conditions could potentially lead to CASA taking enforcement actions, which may include the suspension or revocation of the exemption, or other regulatory actions. The exemption is also a disallowable instrument under the Legislative Instruments Act 2003, meaning it can be subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
The instrument comes into effect on the day after it is registered and will cease to have effect on 30 April 2012. It has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73(2) of the Act. This legislative instrument has been issued without consultation with the industry but aims to benefit the aviation industry by allowing recognised and suitable training procedures to continue.