Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at Moorabbin Aerodrome
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Subsection 98 (5A) of the Act provides that the Regulations may empower CASA to issue instruments in relation to the following:
(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or
(b) the airworthiness of, or design standards for, aircraft.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A), CASA may grant an exemption from a provision of the Regulations, including the Civil Aviation Regulations 1988 (CAR 1988) or a provision of the Civil Aviation Orders, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
Civil Aviation Order 95.55 (CAO 95.55) permits certain aircraft registered with Recreational Aviation Australia Incorporated (the RAA) to operate in controlled airspace if they comply with conditions set out in CAO 95.55. The RAA may conduct flight training in controlled airspace under CAO 95.55 if the aeroplane is registered with the RAA and the pilot is suitably qualified and trained. RAA students cannot conduct solo operations in controlled airspace unless specifically authorised because they do not have private pilot licences.
The exemption is to allow Melbourne Aviation Pty Ltd (the operator) to conduct solo flight training for student pilots using ultralight aeroplanes registered with the RAA. The operator is required to meet all the conditions of CAO 95.55 except the requirement not to fly solo in controlled airspace without a valid private pilot licence. The exemption is subject to conditions. The conditions include a requirement that each student holds a valid class 2 medical certificate and that the RAA training syllabus is used. In addition, the operator must use the CASA Day (VFR) Syllabus – Aeroplanes for elements of instruction relating to controlled airspace, and the flight instructor must hold the specified minimum qualifications.
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. 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 in this case. A number of similar instruments have been issued to allow pilot training to take place in controlled airspace where CASA considers it appropriate to do so.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human rights implications
The instrument sets out an exemption from legislative requirements as described above. The instrument does not engage any of the applicable rights or freedoms.
Commencement and making
The instrument commences on the day of registration. It stops having effect at the end of February 2015.
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX45/12]
Overview
The Civil Aviation Safety Regulations 1998, as amended by F2012L00786, address the need for streamlined procedures in conducting solo flight training for student pilots using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at Moorabbin Aerodrome. Enacted by the Australian Parliament under the Civil Aviation Act 1988, these regulations empower the Civil Aviation Safety Authority (CASA) to issue instruments that facilitate safe navigation and operation of aircraft. The policy objective is to ensure that training can occur in controlled airspace while maintaining the highest safety standards, thereby fostering a safer aviation environment. This exemption allows Melbourne Aviation Pty Ltd to conduct solo flight training under specific conditions, which include compliance with the Civil Aviation Orders and additional requirements such as the use of a valid class 2 medical certificate and adherence to the RAA training syllabus. The exemption is subject to parliamentary scrutiny and is designed to cease by the end of February 2015, reflecting CASA’s commitment to periodically review and adjust regulations in line with evolving safety needs.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, provide for the Governor-General to make regulations concerning the safety of air navigation. Specifically, the Act empowers the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory provisions related to the safe navigation and operation of aircraft, airworthiness, and design standards. The exemption discussed pertains to solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at Moorabbin Aerodrome. This exemption applies to Melbourne Aviation Pty Ltd, the operator, who can conduct solo flight training for student pilots under specific conditions. These conditions include the requirement that students hold a valid class 2 medical certificate, use the RAA training syllabus, and adhere to the CASA Day (VFR) Syllabus for controlled airspace instruction. The flight instructor must also meet specified qualifications. The exemption is subject to conditions and is published on the Internet, ceasing to have effect three years after its commencement or a specified date, whichever is later. This exemption is a legislative instrument and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption is also compatible with human rights and freedoms as declared in relevant international instruments.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) outline several key provisions pertinent to the exemption for solo flight training using ultralight aeroplanes. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, which include the CASR 1998, for the Act's objectives, particularly the safety of air navigation. Subsection 98(5A) further allows the Civil Aviation Safety Authority (CASA) to issue instruments concerning the safe navigation and operation of aircraft, airworthiness, or design standards. Subregulation 11.160(1) of the CASR 1998 enables CASA to grant exemptions from the regulations or orders in matters related to safe navigation and operation, airworthiness, or design standards. This exemption can be granted to a specific person or class of persons, as per subregulation 11.160(2).
Under the exemption granted, Melbourne Aviation Pty Ltd is authorised to conduct solo flight training for student pilots using ultralight aeroplanes registered with the Recreational Aviation Australia Incorporated (RAA) at Moorabbin Aerodrome. However, this exemption comes with certain conditions to ensure safety. For example, each student must hold a valid class 2 medical certificate, and the RAA training syllabus must be used. Furthermore, the CASA Day (VFR) Syllabus – Aeroplanes must be used for instruction related to controlled airspace, and the flight instructor must meet specified qualifications. Subregulation 11.205(1) of the CASR 1998 allows CASA to impose these conditions on the exemption if necessary for the safety of air navigation.
Failure to comply with the conditions set forth in the exemption or any other provisions of the CASR 1998 can result in civil or criminal consequences. The exemption, as a legislative instrument, is subject to disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The exemption is also subject to the provisions of the Civil Aviation Regulations 1988 (CAR 1988), which declare an exemption to be a disallowable instrument under subregulation 308(4). The exemption is effective until the end of February 2015 and has been made by the Director of Aviation Safety on behalf of CASA, in accordance with subsection 73(2) of the Act.