Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — carriage of passengers on training flight
Section 98 of the Civil Aviation Act 1988 (the Act) enables the Governor-General to regulate for the purposes of the Act and towards the safety of air navigation.
Subregulation 249 (1) of Civil Aviation Regulations 1988 (CAR 1988) provides that the pilot in command of an aircraft that carries a passenger must not engage in certain specified types of flying. In particular, paragraph 249 (1) (b) provides that the pilot in command must not engage in practice of emergency procedures in the aircraft, and paragraph 249 (1) (c) provides that he or she must not engage in low flying practice.
Applicants for an instrument of delegation as an approved testing officer (ATO) or for approval as a check pilot in a training and checking organisation are assessed by CASA following completion of a course of training. The course of training may include training with an industry mentor or a training and checking captain. The training usually includes flights where the applicant observes the conduct of a flight test or check in which the control seats are occupied by the mentor or training and checking captain and another pilot undergoing a check or a flight test. These checks may include simulated emergency procedures or low flying practice.
This practice is of great benefit to the observer. He or she is enabled to observe the techniques employed by an experienced ATO or training and checking captain. They may also be contrary to paragraph 249 (1) (b) or (c) of CAR 1988. As a result, an exemption is required to allow the practice to continue.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that CASA may exempt a person or class of persons from compliance with a provision of CASR 1998. Subregulation 11.170 (3) provides that CASA must regard the preservation of a level of aviation safety that is at least acceptable as paramount. Regulation 11.205 provides that CASA may impose on an exemption any condition necessary in the interests of safety and set out that condition in the instrument of exemption.
The instrument of exemption has been issued subject to several conditions that are mentioned in Schedule 2. The presence of the observer as part of his or her training is permitted only if it is required under the procedures contained in an approved training and checking manual or, if it is approved by CASA, as part of a training program, or if the observer is a CASA inspector or examiner under training. Flight manoeuvres are limited to those that are specifically authorised for the aircraft and required for the flight test or check being conducted. The observer must minimise movement, noise and other distractions, and must adhere to sterile cockpit procedures where applicable.
Legislative Instruments Act
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or Civil Aviation Orders. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The instrument applies to a class of persons undergoing training and is, therefore, legislative. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003.
Consultation
There has been no consultation with the industry. This instrument is issued to enable persons undergoing training to benefit from a recognised and suitable procedure. As such, it is of benefit to the aviation industry. The instrument also renews a previous instrument EX33/10 which ceases to have effect at the end of April 2012.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms.
Commencement and making
The instrument commences on the day of registration and stops having effect at the end of 30 April 2015.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX70/12]