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]
Overview
The Civil Aviation Safety Regulations 1998 were amended in 2012 to include an exemption concerning the carriage of passengers during training flights, as outlined in F2012L00994. This legislative instrument was enacted to address the issue of trainees observing experienced pilots during flight tests or checks, which could include simulated emergency procedures or low flying practice, activities explicitly prohibited by existing regulations for pilots carrying passengers. The Australian Civil Aviation Safety Authority (CASA), acting under the authority granted by Section 98 of the Civil Aviation Act 1988, introduced this exemption to ensure that trainees could benefit from observing such practices without compromising safety. The exemption is subject to conditions outlined in Schedule 2, including the necessity of the observer's presence as per approved training procedures, limitations on the flight manoeuvres performed, and adherence to protocols such as minimising distractions and maintaining sterile cockpit procedures. This instrument, which is considered a legislative one under the Legislative Instruments Act, was introduced without industry consultation but is deemed beneficial to the aviation industry and renews a previous exemption that was set to expire in April 2012.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the instrument CASA EX70/12, pertain to the exemption of certain activities during training flights for aviation professionals. This legislation applies to individuals undergoing training as approved testing officers or check pilots within a training and checking organisation. The exemption allows these trainees to observe simulated emergency procedures and low flying practice, activities that would otherwise be prohibited under the Civil Aviation Regulations 1988. The exemption is conditional and must align with approved training programs or be endorsed by the Civil Aviation Safety Authority (CASA), ensuring that the presence of trainees does not compromise safety. CASA retains the authority to impose additional conditions to safeguard aviation safety, and these are detailed in Schedule 2 of the exemption instrument. This legislative instrument operates within the broader framework of the Civil Aviation Act 1988 and is subject to the legislative processes outlined in the Legislative Instruments Act 2003, including parliamentary scrutiny. The exemption, which is in effect from the date of registration until 30 April 2015, aims to enhance training standards while maintaining stringent safety protocols.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998 (CASR 1998) relevant to this legislative instrument are found in subregulation 11.160(1), which allows the Civil Aviation Safety Authority (CASA) to exempt individuals or classes of individuals from certain regulatory requirements. This is specifically pertinent to the exemption for carrying passengers on training flights as outlined in the explanatory statement. Subregulation 11.170(3) reinforces the importance of maintaining an acceptable level of aviation safety when considering such exemptions. Furthermore, regulation 11.205 permits CASA to impose conditions on such exemptions if necessary for safety, and these conditions can be detailed in the exemption instrument.
The obligations imposed by this legislation on the parties involved, particularly those undergoing training, include strict adherence to the conditions specified in the exemption instrument. This includes ensuring that the presence of an observer during training flights is in line with the approved training and checking manual or approved training programs. Additionally, the observer must limit their movements, noise, and distractions, and must follow sterile cockpit procedures where applicable. The flight manoeuvres must be those specifically authorised for the aircraft and required for the flight test or check being conducted.
There are no specific offences outlined in the explanatory statement; however, failure to comply with the conditions of the exemption could potentially lead to safety concerns or regulatory breaches. The consequences for such breaches could include the suspension or revocation of the exemption, which would in turn affect the ability of the individuals to continue their training. Given that the primary focus of this exemption is on maintaining safety standards, any deviation from the specified conditions could be seen as contravening the overarching objective of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The regulatory framework does not specify monetary penalties but rather focuses on ensuring that the highest safety standards are maintained through compliance with the conditions set out in the exemption.