CASA EX73/08 – Exemption – solo flight training using ultralight aeroplanes registered with RAA at Coffs Harbour Aerodrome

Overview

The Civil Aviation Regulations 1988, as amended by F2008L03907, aim to address a specific operational gap concerning solo flight training for student pilots using ultralight aeroplanes registered with Recreational Aviation Australia Inc (RAA) at Coffs Harbour Aerodrome. Enacted under the authority of the Civil Aviation Act 1988, the primary objective of this legislation is to ensure the safety of air navigation while facilitating practical flight training for student pilots. This exemption, which was authorised by a delegate of the Civil Aviation Safety Authority (CASA), allows Coffs Harbour and District Aero Club Limited to conduct solo flight training under conditions outlined in Civil Aviation Order 95.55, with modifications to accommodate RAA student pilots who are not yet holders of a private pilot licence. The exemption is subject to conditions, including the requirement that each student holds a valid class 2 medical certificate and adheres to the RAA training syllabus. As a legislative instrument declared under the Legislative Instruments Act 2003, this exemption is subject to disallowance in the Parliament, although formal consultation was deemed unnecessary due to its similarity to previous exemptions granted to the Aero Club of Tasmania.

Scope and Application

The Civil Aviation Regulations 1988, as amended, provide the legal framework under which the Civil Aviation Authority of Australia (CASA) operates, with specific provisions allowing for exemptions to certain regulations in the interest of safety and operational efficiency. This particular exemption concerns solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia Inc (RAA) at Coffs Harbour Aerodrome. It is designed to facilitate flight training operations by the Coffs Harbour and District Aero Club Limited while adhering to safety standards. The exemption applies to the operator and its student pilots who are registered with RAA and conducting training in controlled airspace. This exemption extends to the specific conditions outlined in Civil Aviation Order 95.55, with the exception of the requirement that solo flights in controlled airspace must be conducted by a pilot holding a valid private pilot licence. The exemption is subject to conditions, such as the requirement that each student holds a valid class 2 medical certificate and that the RAA training syllabus is followed. This exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to disallowance by Parliament. Notably, consultation with stakeholders was deemed unnecessary as the exemption mirrors a previously consulted instrument from the Aero Club of Tasmania. The exemption will remain in effect until the earlier of the operator's Chief Flying Instructor ceasing to hold that position or the end of 31 October 2009.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1988 (CAR) that pertain to this exemption involve section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations. These regulations are made in the interests of the safety of air navigation. Specifically, Civil Aviation Order 95.55 (CAO 95.55) outlines the conditions under which certain aircraft registered with Recreational Aviation Australia Inc (RAA) may operate in controlled airspace. This exemption allows the Coffs Harbour and District Aero Club Limited to conduct solo flight training for student pilots using ultralight aeroplanes registered with RAA, under the conditions of CAO 95.55, except the requirement to avoid solo flying in controlled airspace without a valid private pilot licence. This Act imposes certain obligations and requirements on the Coffs Harbour and District Aero Club Limited to ensure the safety and compliance of the solo flight training. Firstly, each student must hold a valid class 2 medical certificate. Secondly, the RAA training syllabus must be strictly adhered to during the training sessions. The exemption is also subject to the conditions outlined in CAO 95.55, ensuring that the operations are conducted safely within the controlled airspace of Coffs Harbour Aerodrome. The legislation also outlines the consequences for breach of the conditions set forth in the exemption. As the exemption is a legislative instrument under the Legislative Instruments Act 2003, it is subject to tabling and disallowance in the Parliament. Any failure to comply with the conditions could potentially lead to the instrument being disallowed. Moreover, the exemption ceases to have effect if Charles George Smith ceases to be the operator’s Chief Flying Instructor or if the exemption expires at the end of 31 October 2009, whichever comes first. It is also important to note that, as a legislative instrument, the exemption is disallowable, meaning that if it is not disallowed within the specified period, it remains in effect. Non-compliance with the conditions may lead to enforcement actions by the Civil Aviation Safety Authority (CASA), and depending on the severity, could potentially incur civil or criminal penalties.