CASA EX60/10 – Exemption – solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at Camden Aerodrome

Overview

The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation, were amended by the instrument F2010L02055 to provide an exemption for Gostner Aviation Pty Ltd, trading as Gostner Aviation, allowing it to conduct solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at Camden Aerodrome. This exemption was made under section 98 of the Civil Aviation Act 1988, empowering the Governor-General to create regulations for the Act. The instrument was developed in line with Civil Aviation Order 95.55, which permits specific RAA registered aircraft to operate in controlled airspace under certain conditions. The exemption is tailored to allow Gostner Aviation to train its students in solo flight operations within controlled airspace, notwithstanding the absence of a private pilot licence for the trainees, provided they adhere to all other conditions of CAO 95.55. This measure is subject to parliamentary disallowance and, although consultation under the Legislative Instruments Act 2003 was not undertaken, it follows precedents set by previous similar exemptions.

Scope and Application

The exemption provided under the Civil Aviation Regulations 1988 allows Gostner Aviation Pty Ltd, trading as Gostner Aviation, to conduct solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at Camden Aerodrome. This exemption is specifically designed to facilitate training operations within controlled airspace, which otherwise would not be permitted for student pilots without a private pilot licence. The exemption applies to the operator and its students, provided they adhere to all conditions stipulated in Civil Aviation Order 95.55 for ultralight operations, with the exception of the solo flight restriction in controlled airspace. The exemption is contingent on the presence of suitably qualified instructors and adherence to a specified syllabus of instruction. As a legislative instrument, the exemption is subject to the provisions of the Legislative Instruments Act 2003, including tabling and disallowance in the Parliament. This particular exemption does not require consultation as per section 17 of the LIA, considering that similar exemptions have been issued previously. The instrument will take effect on the day after its registration and will cease to have effect by the end of 31 July 2012.

Key Provisions

The Civil Aviation Regulations 1988, as amended, include a specific exemption concerning solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated (RAA) at Camden Aerodrome. This exemption is outlined in Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act in the interests of the safety of air navigation. According to Civil Aviation Order 95.55 (CAO 95.55), RAA can conduct flight training in controlled airspace if the aircraft meets certain conditions and the pilot is suitably qualified and trained. However, RAA students cannot conduct solo operations in controlled airspace unless specifically authorised because they do not hold private pilot licences. This exemption allows Gostner Aviation Pty Ltd, trading as Gostner Aviation (the operator), to conduct solo flight training for its students using ultralight aeroplanes registered with the RAA. To do so, the operator must comply with all conditions set out in CAO 95.55 for ultralight operations, except for the requirement not to fly solo in controlled airspace without a valid private pilot licence. The exemption is also subject to specific conditions concerning instructors and the syllabus of instruction. This arrangement ensures that the training provided by Gostner Aviation adheres to safety standards while accommodating the unique requirements of ultralight aircraft operations. The obligations imposed by the exemption include ensuring that all instructors are appropriately qualified and that the syllabus of instruction meets the standards set forth in CAO 95.55. The operator must also ensure that all solo flight training is conducted in accordance with the exemption conditions and that all students participating in the training are aware of and comply with these conditions. Additionally, the exemption is subject to the provisions of the Legislative Instruments Act 2003 (LIA). Subregulation 308(4) of the Civil Aviation Regulations 1988 declares this exemption to be a disallowable instrument. Under section 6(d)(i) of the LIA, this instrument is considered a legislative instrument for section 5 of the LIA as it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Therefore, the exemption is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. Failure to comply with the conditions of the exemption may result in civil or criminal penalties. Although specific penalties are not detailed in the explanatory statement, breaches of the Civil Aviation Regulations 1988 can lead to fines and other sanctions under the Civil Aviation Act 1988. The instrument, numbered CASA EX60/10, is made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) in accordance with subsection 73(2) of the Act. The exemption commences on the day after it is registered and ceases to have effect at the end of 31 July 2012.