CASA EX42/06 - Exemption - solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at Parafield Airport

Overview

The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulations for civil aviation in Australia, ensuring the safety of air navigation and facilitating the efficient operation of civil aviation. The exemption granted under this regulation, specifically targeting solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia (RAA) at Parafield Airport, addresses a particular need identified by Forsyth Aviation. This exemption allows Mr David Forsyth, trading as Forsyth Aviation, to conduct solo flight training for students without private pilot licenses in controlled airspace, a practice not otherwise permitted under Civil Aviation Order 95.55. The exemption was issued by the Civil Aviation Safety Authority (CASA) and is subject to specific conditions outlined in CAO 95.55, with the exception of the solo flight restriction. This measure ensures that flight training can proceed safely at Parafield Airport, which is a well-established facility for flight training and general aviation activities. The exemption is classified as a disallowable instrument under the Legislative Instruments Act 2003 and thus subject to tabling and disallowance in Parliament, though consultation under the Legislative Instruments Act was not necessary in this instance as the exemption was specifically requested and tailored to the operator's needs.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the exemption issued under Section 98 of the Civil Aviation Act 1988, specifically apply to Mr David Forsyth, trading as Forsyth Aviation, and to students participating in solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia at Parafield Airport. This exemption allows the operation of such ultralight aeroplanes in controlled airspace, which is otherwise restricted under Civil Aviation Order 95.55, provided that certain conditions are met. The exemption is geographically limited to Parafield Airport, located approximately 11 nautical miles north-east of Adelaide International Airport, an established facility for flight training and light general aviation. The exemption does not extend to other operators unless they meet the same CASA requirements and conditions. The exemption is subject to disallowance under the Legislative Instruments Act 2003 and ceases to have effect by the end of 30 July 2007.

Key Provisions

The Civil Aviation Regulations 1988, as amended by F2006L02965, grant an exemption for Forsyth Aviation, trading as Mr David Forsyth, to conduct solo flight training for students without private pilot licences using ultralight aeroplanes registered with RAA within controlled airspace at Parafield Airport (YPPF) (section 98 of the Civil Aviation Act 1988). This exemption is grounded in the need to enhance safety in air navigation and follows the conditions set forth in Civil Aviation Order 95.55 (CAO 95.55). Under this exemption, RAA students can partake in solo operations within controlled airspace, a privilege not typically afforded to them due to their lack of private pilot licences. This exemption allows Forsyth Aviation to conduct such training, provided all other conditions of CAO 95.55 for ultralight operations are met, except for the solo flight restriction in controlled airspace. The Civil Aviation Regulations 1988, in conjunction with the exemption, impose specific obligations on Forsyth Aviation. Firstly, the operator must ensure that all ultralight aeroplanes used for solo flight training are registered with RAA. Secondly, the pilot trainees must be suitably qualified and trained to meet the safety standards stipulated in CAO 95.55. Additionally, Forsyth Aviation must comply with all other operational requirements of CAO 95.55, except the prohibition on solo flights in controlled airspace for unlicensed pilots. These obligations are essential to maintain the safety and integrity of the airspace around Parafield Airport, which is situated approximately 11 nautical miles north-east of Adelaide International Airport. Any breach of the conditions outlined in the exemption or the regulations may result in civil or criminal consequences. Under the Legislative Instruments Act 2003, the exemption is classified as a disallowable instrument, meaning it is subject to tabling and potential disallowance in Parliament (subregulation 308(4) of Civil Aviation Regulations 1988 and subparagraph 6(d)(i) of the Legislative Instruments Act 2003). Failure to adhere to the specified conditions could lead to enforcement actions by the Civil Aviation Safety Authority (CASA), including the revocation of the exemption or other regulatory penalties. The exemption is in effect from the day after it is registered and will cease on 30 July 2007, unless otherwise extended by CASA.