EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
EXEMPTION FROM SUPERVISION BY APPROVED AGRICULTURAL (AEROPLANE) PILOT
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, among other things, exempt a person from compliance with specified provisions of the CAR 1988. Under subregulation 308 (4), the exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Under regulation 5.18 of CAR 1988, CASA may give directions in Civil Aviation Orders setting out various matters relating to flight crew ratings. Paragraph 7.2 (1) of Civil Aviation Order 40.6 is a direction for regulation 5.18. It provides that, after the initial issue of an agricultural pilot (aeroplane) rating grade 2, a pilot must remain under the supervision of an approved agricultural (aeroplane) pilot for at least 110 hours flight time logged on agricultural operations.
A pilot, Kelly Hamblin, was under supervision for 230 hours flight time. She and her supervisor both believed that the supervisor was an approved agricultural (aeroplane) pilot. However, later examination showed this was not so. Ms Hamblin’s competency to met the standards, that paragraph 7.2 (1) seeks to ensure, has been assessed. She has been assessed as competent to fly as an agricultural pilot (aeroplane) without supervision.
In the circumstances, the exemption exempts Ms Hamblin from the requirement mentioned. The exemption came into effect on the day after it was registered.
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. 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 under section 17 of the LIA has not been undertaken in this case. The decision to make the instrument has been made after considering the interests of aviation safety in the circumstances of the case.
The exemption has been issued by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Exemption number CASA EX45/05]