CASA EX40/10 – Exemption – solo flight training using ultralight aeroplanes registered with the RAA at Sunshine Coast Airport

Overview

The Civil Aviation Regulations 1988 were enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. This legislation allows the Governor-General to create regulations for the Act, focusing on maintaining the safety of air navigation. Specifically, this instrument addresses a gap in the Civil Aviation Order 95.55, which permits certain aircraft registered with Recreational Aviation Australia Incorporated (RAA) to operate in controlled airspace under specific conditions, including the prohibition of solo flights by students without a private pilot licence. The exemption allows Sunshine Coast Aero Club Limited to conduct solo flight training at Sunshine Coast Airport for student pilots using ultralight aeroplanes registered with RAA, subject to certain conditions that ensure safety and compliance with RAA training syllabus. The exemption is subject to disallowance in the Parliament, as it is considered a disallowable instrument under the Legislative Instruments Act 2003. This exemption does not require additional consultation as it closely mirrors previous exemptions granted to other aero clubs.

Scope and Application

The exemption under the Civil Aviation Regulations 1988, provided by the instrument CASA EX40/10, applies to the Sunshine Coast Aero Club Limited, allowing it to conduct solo flight training for student pilots using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated (RAA) at Sunshine Coast Airport. This exemption is made to facilitate the training of student pilots in a controlled environment, specifically within the Maroochydore area, in Class D airspace. The exemption operates under the conditions that the student pilots hold a valid class 2 medical certificate and adhere to the RAA training syllabus. Importantly, the exemption exempts the student pilots from the usual requirement of holding a valid private pilot licence to conduct solo operations in controlled airspace, as they are not permitted to do so under Civil Aviation Order 95.55. The exemption is subject to certain conditions, including the geographic limitation to the Maroochydore area and the mandatory use of the RAA training syllabus. The exemption is limited to the geographical jurisdiction of Australia, specifically affecting operations at Sunshine Coast Airport. The exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to disallowance under the Act. The instrument will cease to have effect at the end of 31 May 2012. This exemption does not extend to any other aero clubs or airports unless specifically authorised by a similar exemption.

Key Provisions

The Civil Aviation Regulations 1988, under section 98, empower the Governor-General to make regulations for the Act, focusing on the safety of air navigation. Specifically, the exemption under consideration pertains to solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated (RAA) at Sunshine Coast Airport. This exemption is outlined in the Civil Aviation Order 95.55 (CAO 95.55) which allows certain RAA-registered aircraft to operate in controlled airspace if they adhere to the stipulated conditions. For solo flight training, the exemption allows the Sunshine Coast Aero Club Limited to conduct such training under CAO 95.55, provided the aeroplane is registered with RAA and the pilot is suitably qualified and trained. However, RAA students cannot perform solo operations in controlled airspace unless specifically authorized because they do not possess private pilot licences. The exemption imposes several obligations on the Sunshine Coast Aero Club Limited. Firstly, it mandates that each student pilot holds a valid class 2 medical certificate, ensuring they are fit to fly. Secondly, the exemption requires the use of the RAA training syllabus for all flight training activities. Additionally, all training flights must be conducted within the Class D airspace in the Maroochydore area, limiting the operational zone to ensure safety and compliance with existing airspace regulations. These conditions are designed to mitigate risks associated with solo flight training in controlled airspace. The exemption is subject to certain conditions and any breach of these conditions may lead to civil or criminal consequences. While specific penalties are not outlined in the provided text, violations of the Civil Aviation Regulations 1988 can generally result in penalties ranging from fines to imprisonment, depending on the severity of the breach. For instance, operating an aircraft in a manner that endangers safety could attract significant penalties. The exemption is a legislative instrument, as declared under subregulation 308(4) of the Civil Aviation Regulations 1988 and section 6(d)(i) of the Legislative Instruments Act 2003 (LIA). Consequently, it is subject to tabling and disallowance in Parliament under sections 38 and 42 of the LIA. Although consultation was not undertaken for this specific exemption, it follows precedents set by similar exemptions granted to other aero clubs, which were developed following consultation. The exemption is effective from the day after its registration and will cease to have effect by the end of 31 May 2012.