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 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. Among these is flying training given to a person who has not passed a general flying progress flight test for aircraft of the category concerned (paragraph 249 (1) (a)).
In cooperation with a charitable organisation “Wheelies with Wings”, Brindabella Airlines Pty Ltd has, for several years, provided an opportunity for people with lower limb disabilities to participate in flying training, using an approved hand control for rudder operation. The Australian Broadcasting Corporation wishes to record and document the training by having a journalist on the aircraft for that purpose.
Having considered the safety implications of the request for the exemption in the context of a controlled training environment, CASA does not consider that such an exemption would be detrimental to aviation safety and has agreed to grant the exemption from the requirements of paragraph 249 (1) (a) of CAR 1988.
The instrument has been issued subject to several conditions. The exemption will only apply to 1 training flight conducted by a qualified flight instructor. The passenger must be a journalist employed by, or contracted to, the Australian Broadcasting Corporation. The student pilot must be a person suffering from lower limb disabilities and using an approved hand control for rudder operation. There are also other conditions relating to the conduct of the flight and the briefing of the journalist on the degree of risk involved.
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 for the purpose of reporting on a single training flight organised in cooperation with a charitable organisation.
The instrument commences on the day after it is registered and stops having effect at the end of 30 September 2007.
The instrument has been made by the Acting Deputy Chief Executive Officer, Strategy and Support, a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX34/07]