Explanatory Statement
Civil Aviation Regulations 1988
Exemption — single-pilot operations in Cessna 550/560 aeroplanes
Legislation
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, among other things, exempt an aircraft from compliance with specified provisions of CAR 1988. Subregulation 308 (3) provides that such an exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary in the interests of safety.
Subregulation 138 (1) of CAR 1988 provides that the pilot in command of an aircraft must comply with a requirement, instruction, procedure or limitation concerning the operation of the aircraft that is set out in the flight manual.
Regulation 208 of CAR 1988 provides that the minimum operating crew for an aircraft must not be less in number than that specified in the certificate of airworthiness of, or flight manual for, the aircraft.
Although the normal operation of Cessna 550/560 class aeroplanes requires 2 pilots, single-pilot operations in Cessna 550/560 class aeroplanes are allowed in the United States of America under Exemption 4050 as issued from time to time by the Federal Aviation Administration.
Under Exemption 4050 a single pilot is allowed to operate a Cessna aeroplane included in that class if he or she has undergone training and a flight test in accordance with the exemption. Separate training and testing are required in respect of each type of aircraft included in the class. Exemption 4050 also requires the carriage of certain equipment on the aircraft.
CASA previously allowed single-pilot operations in Cessna 550/560 class aeroplanes by issuing flight manual supplements for individual aircraft. Those supplements contained certain requirements that would not now be considered appropriate for inclusion. In addition, following amendments of CAR 1988, CASA no longer had its original power of issue. As a result, it was decided to allow single‑pilot operations by means of 1 overall exemption under regulation 308 of CAR 1988.
The exemption allows pilots of Australian registered Cessna 550/560 class aeroplanes employed in private operations to operate the aircraft as single pilots. The exemption is subject to compliance with substantially the same conditions as in the previous instrument.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. Under subparagraph 6 (d) (i) of 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. Under subregulation 308 (4), such an exemption is a disallowable instrument. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken because the instrument is of a minor or machinery nature. It also renews instrument CASA EX28/09 which ceases to have effect on 31 March 2011.
The instrument commences on 1 April 2011 and stops having effect at the end of 31 March 2013.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX43/11]
Overview
The Civil Aviation Regulations 1988 were amended to allow for single-pilot operations in Cessna 550/560 aeroplanes, a practice already permitted in the United States under Exemption 4050 issued by the Federal Aviation Administration. The Civil Aviation Act 1988 provides the authority for the Governor-General to enact regulations, and under the Civil Aviation Regulations 1988, the Civil Aviation Safety Authority (CASA) can exempt aircraft from certain provisions of the regulations subject to safety conditions. The exemption enables pilots of Australian registered Cessna 550/560 class aeroplanes used in private operations to fly single-pilot, subject to compliance with conditions similar to those previously stipulated in flight manual supplements. This legislative instrument is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. The instrument, which renews CASA EX28/09, commences on 1 April 2011 and ceases to have effect on 31 March 2013.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 provide a framework for the regulation of civil aviation in Australia, including the authority for the Civil Aviation Safety Authority (CASA) to issue exemptions for specific types of aircraft operations. The exemption in question, effective under subregulation 308(1) of CAR 1988, applies to the operation of Cessna 550/560 class aeroplanes by a single pilot in Australian-registered aircraft employed in private operations. This exemption allows for operations that would otherwise require two pilots, subject to CASA-specified conditions necessary for safety. These conditions are substantially similar to those previously stipulated in flight manual supplements, which have been rendered obsolete by amendments to CAR 1988. The exemption is applicable nationwide and is designed to align with the conditions set by the Federal Aviation Administration in the United States for similar operations. The exemption is a disallowable instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in Parliament, although consultation under section 17 of the LIA was not undertaken due to the minor nature of the instrument. This exemption commences on 1 April 2011 and remains in effect until 31 March 2013.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) have been amended to allow for a specific exemption under subregulation 308(1) for single-pilot operations in Cessna 550/560 class aeroplanes. This amendment is made under the authority provided by Section 98 of the Civil Aviation Act 1988. The exemption, as per subregulation 308(3) of CAR 1988, is conditional on the aircraft complying with any safety conditions specified by the Civil Aviation Safety Authority (CASA). Additionally, subregulation 138(1) of CAR 1988 stipulates that the pilot in command must adhere to the flight manual's requirements, instructions, procedures, and limitations. Regulation 208 further mandates that the minimum operating crew must meet the specifications in the certificate of airworthiness or the flight manual. This exemption allows Australian registered Cessna 550/560 aeroplanes, employed in private operations, to be flown by a single pilot, provided certain conditions are met.
The obligations imposed by this exemption require pilots to ensure that they have undergone specific training and passed a flight test for each type of aircraft within the Cessna 550/560 class they intend to operate. Additionally, the aircraft must carry certain equipment as stipulated in the exemption. These requirements mirror the conditions previously set out in flight manual supplements for individual aircraft. The exemption also mandates that pilots comply with the flight manual's provisions regarding operation and crew requirements. CASA retains the authority to specify any necessary safety conditions and to ensure compliance with these conditions.
Violations of the conditions specified in the exemption may result in significant consequences. Firstly, under subregulation 308(4) of CAR 1988, the exemption is classified as a disallowable instrument. This classification means it falls under the purview of the Legislative Instruments Act 2003 (LIA). As a disallowable instrument, the exemption is subject to tabling and potential disallowance in the Parliament as per sections 38 and 42 of the LIA. For practical purposes, however, the exemption does not require consultation under section 17 of the LIA because it is considered a minor or machinery instrument, and it also renews the previous exemption CASA EX28/09, which ceases to have effect on 31 March 2011. The new exemption, CASA EX43/11, commences on 1 April 2011 and will cease to have effect at the end of 31 March 2013. The instrument has been authorised by a delegate of CASA under subregulation 7(1) of CAR 1988.