CASA EX63/15 - Exemption — solo flight training using ultralight aeroplanes registered with the RAA at Archerfield Aerodrome

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation and aircraft operations in Australia. This legislation empowers the Civil Aviation Safety Authority (CASA) to issue instruments in relation to matters affecting safe navigation, operation, maintenance, airworthiness, and design standards for aircraft. One such instrument is the exemption issued under subregulation 11.160 of CASR 1998, allowing specific operations that otherwise would not comply with the general regulations. The exemption for solo flight training using ultralight aeroplanes registered with the Recreational Aviation Australia (RAA) at Archerfield Aerodrome is designed to address the gap for RAA students who do not hold a valid pilot licence but are otherwise suitably qualified and trained. This exemption is subject to conditions to ensure the safety of air navigation, including requirements for medical certification and instructor qualifications. The exemption was made under the authority of the Civil Aviation Act 1988 and is subject to parliamentary scrutiny and tabling under the Legislative Instruments Act 2003. The exemption has been approved following consultations with relevant parties, including the RAA and Airservices Australia, and is consistent with human rights as it does not raise any human rights issues.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide for exemptions to ensure the safety of air navigation, and in this case, the exemption applies specifically to the Airline Academy of Australia Pty Ltd, trading as Royal Queensland Aero Club, allowing it to conduct solo flight training for student pilots using ultralight aeroplanes registered with the Recreational Aviation Australia Incorporated (RAA) at Archerfield Aerodrome. This exemption pertains to a class of persons, specifically the students and pilots under the operator's control, and a class of aircraft, namely ultralight aeroplanes registered with the RAA. The exemption is subject to specific conditions, such as the requirement for each student to hold a class 1 or class 2 medical certificate or a CASA recreational aviation medical practitioner’s certificate, and that the RAA syllabus for instructing students may be used. Additionally, the pilot in command must be assessed as competent to the standards specified in the Part 61 Manual of Standards for various endorsements, and the flight instructor must hold the specified minimum qualifications. The exemption, being a legislative instrument, is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption was made by a delegate of the Civil Aviation Safety Authority (CASA) and it commenced on the day of registration, expiring at the end of March 2017. The exemption does not engage any of the applicable rights or freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011, thus being compatible with human rights.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for ensuring the safe operation of aircraft in Australia, with a particular focus on air navigation safety. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act, empowering the Civil Aviation Safety Authority (CASA) to issue instruments related to safe navigation, operation, maintenance, airworthiness, or design standards for aircraft (sections 98(5A) and 11.160). CASA can grant exemptions from the provisions of these regulations, including the Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Orders, if necessary for air navigation safety (sections 11.160 and 11.205). Exemptions must be published on the Internet and typically expire within three years (sections 11.225 and 11.230). This specific exemption allows the Airline Academy of Australia Pty Ltd, trading as Royal Queensland Aero Club, to conduct solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia (RAA) at Archerfield Aerodrome. The Act imposes several obligations on the operator, including adherence to the conditions outlined in Civil Aviation Order 95.55 (CAO 95.55). These conditions necessitate that each student pilot holds a class 1 or class 2 medical certificate or a CASA recreational aviation medical practitioner’s certificate, and that the RAA syllabus for instructing students is used. Furthermore, the pilot in command must be assessed as competent to the standards specified in the Part 61 Manual of Standards for the controlled aerodrome endorsement, the controlled airspace endorsement, and the flight radio endorsement. The flight instructor must also hold the specified minimum qualifications. These requirements are essential to ensure that the training conducted is safe and meets the necessary regulatory standards. Failure to comply with the conditions of the exemption or the regulations can result in significant consequences. Breaches of the Civil Aviation Safety Regulations 1998 can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can result in imprisonment, depending on the severity of the breach. The maximum penalties are not specified in the provided text, but they can vary widely based on the specific nature of the violation. CASA retains the authority to enforce these penalties to ensure compliance with the regulations and maintain the high safety standards required in aviation. The legislative instrument is a formal document subject to the Legislative Instruments Act 2003 (LIA), which governs the creation and operation of legislative instruments. As per section 5 of the LIA, this exemption is considered a legislative instrument because it applies to a class of persons and aircraft. Consequently, it must be tabled and is subject to disallowance in the Parliament, as per sections 38 and 42 of the LIA. This process ensures that the exemption is reviewed and approved by the appropriate legislative authorities, maintaining transparency and accountability in the regulatory framework.