CASA EX48/13 - Exemption - for round Australia flight by David Brian Jacka

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide comprehensive regulations for ensuring the safety of air navigation, and are administered by the Civil Aviation Safety Authority (CASA). The problem this piece of legislation addresses is the need to provide an exemption to specific regulatory requirements to allow David Brian Jacka, a quadriplegic pilot, to undertake a round Australia flight in his ultralight Jabiru J230 aeroplane. This exemption is necessary to accommodate Mr Jacka's unique circumstances while ensuring the safety of air navigation is not compromised. The exemption was made under the authority of the Civil Aviation Act 1988 and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The policy objective is to facilitate Mr Jacka's flight by granting an exemption from certain conditions of Civil Aviation Order 95.55, while maintaining all other conditions and ensuring additional safety measures are in place. The exemption allows Mr Jacka to fly in controlled airspace without needing to comply with specific conditions of CAO 95.55, such as holding a valid pilot licence that permits flight in controlled airspace and completing an aeroplane flight review. Instead, Mr Jacka must undergo specialised training, have specific equipment installed on his aircraft, and provide a risk acceptance statement. This exemption, made by a delegate of CASA, ensures Mr Jacka's flight can proceed safely while adhering to the overarching goal of maintaining the safety of air navigation.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by this exemption, apply to David Brian Jacka, a quadriplegic pilot holding a certificate issued by Recreational Aviation Australia (RAA), who intends to undertake a round Australia flight in his ultralight Jabiru J230 aeroplane. The exemption specifically targets the conditions of Civil Aviation Order 95.55 that restrict Mr Jacka's ability to fly in controlled airspace, namely the requirement for a valid pilot licence for flights in Class A, B, C or D airspace and the need for an aeroplane flight review. This exemption allows Mr Jacka to undertake his flight without complying with these two conditions while ensuring all other conditions of CAO 95.55, including the fitting of a transponder and two-way communication radio, and the use of approved hand controls, remain in effect. The exemption is subject to geographic and jurisdictional reach under Australian law, with CASA's authority stemming from the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The exemption is subject to disallowance under the Legislative Instruments Act 2003, and it is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The key operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) pertinent to this exemption include subregulation 11.160(1), which provides the authority for the Civil Aviation Safety Australia (CASA) to grant exemptions from regulatory provisions. This is crucial as it allows for tailored exemptions that can be applied to specific individuals or classes of persons, enabling the accommodation of unique circumstances while maintaining the overarching safety framework. Subregulation 11.160(2) further details the scope of who can be exempted, allowing for exemptions to be granted to a person or a class of persons, defined by their membership or other characteristics. Subregulation 11.205(1) empowers CASA to impose conditions on such exemptions if necessary for the safety of air navigation, ensuring that even in exemption cases, safety standards are not compromised. Regulation 11.225 requires the publication of these exemptions on the internet, ensuring transparency and accessibility for all stakeholders. Lastly, regulation 11.230(1) dictates the duration of the exemption, with a maximum of three years from the date of commencement unless otherwise specified. The obligations imposed by the Act on David Brian Jacka include several stringent requirements to ensure the safety of his round Australia flight. Primarily, he must comply with all other conditions of Civil Aviation Order 95.55 (CAO 95.55) while being exempt from certain specific conditions that restrict his ability to fly in controlled airspace. His ultralight Jabiru J230 aeroplane must be fitted with a transponder and a radio capable of two-way communication with Air Traffic Control and Certified Air/Ground Radio Service. The aircraft must also be equipped with all necessary hand controls approved by the manufacturer, enabling him to independently operate the aircraft despite his quadriplegia. Additionally, Jacka must undergo specific training in radio procedures, airspace procedures, and navigation, conducted by an instructor holding a current grade 1 flight instructor (aeroplane) rating and an RAA instructor rating, and in accordance with the CASA Day V.F.R. syllabus. Furthermore, he must provide CASA with a risk acceptance statement signed by him, affirming his understanding and acceptance of the risks associated with the flight. Lastly, Jacka must hold a valid RAA pilot certificate and a valid RAA radio operator’s certificate at all times. The Civil Aviation Safety Regulations 1998 and associated orders impose specific penalties and consequences for any breaches of the regulations or the conditions of exemptions. Under subregulation 11.205(1) of CASR 1998, CASA has the authority to impose conditions on exemptions to ensure compliance with safety standards. Failure to adhere to the conditions set forth in the exemption or the regulations themselves could result in enforcement actions by CASA, potentially including the revocation of the exemption, suspension of flight privileges, or other administrative penalties. While the specific penalties are not detailed in the text, they are likely to align with the broader regulatory framework, which includes fines and other sanctions for non-compliance with aviation safety regulations. The legislative instrument is also subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003, ensuring parliamentary oversight and accountability.