Explanatory Statement
Civil Aviation Regulations 1988
Exemption — instrument rating flight tests in a synthetic flight training device
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and 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 these Regulations (including the Civil Aviation Regulations 1988) or a provision of the Civil Aviation Orders (CAOs) 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.
Regulation 5.14 of the Civil Aviation Regulations 1988 (CAR 1988) permits CASA to give directions in CAOs for the issue of a flight crew rating, or a grade of flight crew rating, to a person.
Subregulation 5.14 (2) states that CASA must issue a flight crew rating to a person only if, among other things, the person has passed the necessary flight tests as required under paragraph (2) (a). Subregulation 5.14 (3) states that CASA must not issue a flight crew rating, or a grade of flight crew rating, to a person if, as stated in paragraph (3) (b), the person does not satisfy the requirements of subregulation 5.14 (2).
Regulation 5.19 permits CASA to issue CAOs that describe the flight tests for the issue of a flight crew rating, or a grade of flight crew rating, to a person.
CAO 40.2.1 sets out, in Appendix I, requirements for flight tests for instrument ratings. CAO 40.2.1, Appendix I, sections 2 and 4 set out limitations on the use of a synthetic flight training device (SFTD) to demonstrate manoeuvres and state that an initial issue instrument rating flight test must be conducted wholly in an aircraft with the exception of a DME or GPS arrival.
It was considered that these requirements should be relaxed in 3 instances:
(a) when the holder of a commercial pilot licence or an air transport pilot licence wishes to convert an overseas instrument rating to an Australian qualification; and
(b) when the holder of an Australian Defence Force rating wishes to convert to an Australian civil qualification; and
(c) when the holder of an instrument rating has let his or her rating lapse for more than 12 months, but not more than 24 months, in which case CAO 40.2.1 requires a flight test for renewal to be conducted as if it were for initial issue.
The upper limit of 24 months may be extended in circumstances where a person has let a grade of rating lapse for more than 24 months but, during part of that time, has held an equivalent rating mentioned in the exemption, allowing him or her to carry out operations of a sort to which the lapsed grade of rating would have applied.
The exemption was granted for the following reasons. Frequently pilots who operate air transport category aeroplanes have to take the test in a light twin engine aeroplane due to questions of cost and availability. This does not necessarily enhance safety, and those pilots may not have flown this type of light aircraft for a while, thereby possibly increasing the risk.
Appendix II to CAO 40.2.1 sets out the purposes for which synthetic flight trainers may be used. This Appendix casts doubt on whether an SFTD may be used for the issue or renewal of an instrument rating in any of the 3 instances mentioned above. Therefore, the exemption is stated, in Schedule 1, to exclude the requirements of Appendix I, sections 2 and 4, and Appendix II. In these circumstances, it was considered desirable to allow the use of SFTD. The exemption allows the use of an SFTD only if it belongs to one of the 2 specified categories.
Legislative Instruments Act
Subsection 98(5A) of the Act, in paragraph (a), states that the regulations may empower CASA to issue an instrument relating to the safe navigation and operation, or the maintenance, of aircraft. Subsection (5AA) states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons. This exemption is accordingly a legislative instrument.
As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Formal consultation under section 17 of the LIA has not been undertaken in this case. The exemption has been issued at the request of simulator operators and other individuals who have sought the amendment to facilitate the issue of instrument ratings in the limited circumstances in which the exemption applies.
The exemption has been issued by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
[Instrument number CASA EX68/11]