CASA EX55/07 - Exemption - solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at West Sale Aerodrome

Overview

The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation in Australia. This legislation grants the Governor-General the authority to create regulations that facilitate the safe operation of aircraft, which is vital for maintaining the integrity of the nation's airspace. Specifically, the regulations allow for exemptions and controlled operations, as seen in the exemption for solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at West Sale Aerodrome. This exemption, introduced to address the gap in permitting solo operations for students without private pilot licenses, was established under Section 98 of the Civil Aviation Act 1988 by the Civil Aviation Safety Authority (CASA). The exemption is subject to the conditions set out in Civil Aviation Order 95.55, ensuring that all safety standards are met, and it is regulated under the Legislative Instruments Act 2003. The exemption allows Gippsland Flight Centre to conduct solo flight training for its students using ultralight aeroplanes registered with RAA at West Sale Aerodrome, with the exemption in effect until the end of 30 November 2010.

Scope and Application

The Civil Aviation Regulations 1988, as amended by F2007L04382, provide an exemption for A.W. & W.E. Peters Pty Ltd, trading as Gippsland Flight Centre, to conduct solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at West Sale Aerodrome. This exemption is specifically tailored to the unique operational needs of the Gippsland Flight Centre, allowing it to train its students in a controlled airspace while adhering to the conditions set forth in Civil Aviation Order 95.55, except for the requirement that solo flights cannot be conducted without a private pilot licence. The exemption is applicable to the mentioned operator and is geographically confined to West Sale Aerodrome. It is a legislative instrument subject to disallowance in Parliament, as per the Legislative Instruments Act 2003, though consultation under the Act was deemed unnecessary for this new operator. The exemption is effective from the day after registration and will cease on 30 November 2010, unless otherwise amended or extended.

Key Provisions

The Civil Aviation Regulations 1988, as amended by F2007L04382, establish an exemption for Gippsland Flight Centre, trading as A.W. & W.E. Peters Pty Ltd, to conduct solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at West Sale Aerodrome. This exemption (subregulation 308(4)) allows the operator to conduct such training under certain conditions, primarily because the students do not hold a private pilot licence, which is typically required for solo operations in controlled airspace. The exemption essentially waives the requirement for a private pilot licence for solo operations under specific circumstances, as outlined in Civil Aviation Order 95.55 (CAO 95.55). The obligations imposed on Gippsland Flight Centre are stringent, ensuring the safety of air navigation. The operator must comply with all conditions set forth in CAO 95.55, except for the solo flight restriction in controlled airspace. This means that while the exemption allows for solo training, the operator must still adhere to all other safety regulations and operational standards. This includes ensuring that all flight operations are conducted within the parameters of ultralight operations as defined by the RAA, and that all pilots, though not holding a private pilot licence, are suitably qualified and trained for the purpose of the exemption. Failure to comply with the conditions set out in the exemption can result in civil or criminal consequences. As a disallowable instrument under the Legislative Instruments Act 2003, the exemption is subject to tabling and disallowance in the Parliament. Any breach of the exemption conditions may lead to enforcement actions by the Civil Aviation Safety Authority (CASA), potentially resulting in penalties or other regulatory sanctions. Although the specific penalties are not detailed in the text, breaches of civil aviation regulations generally carry significant fines and potential criminal charges, depending on the severity and impact of the non-compliance. The instrument, effective from the day after its registration, will cease to have effect at the end of 30 November 2010. This time-limited exemption underscores the importance of adhering to the outlined conditions and regulatory requirements during its operation. The instrument has been authorised by the Director of Aviation Safety on behalf of CASA, ensuring that it aligns with the overarching objectives of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988.