Explanatory Statement
Civil Aviation Regulations 1988
Exemption — of authorised flying instructors employed by Singapore Flying College Pte Ltd
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Paragraph 308 (1) (b) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may, in relation to a particular aircraft or specified type or category of aircraft, exempt persons from compliance with specified provisions of CAR 1988 while they are in, on, or otherwise associated with the operation of, that aircraft, or aircraft of the specified type or category. Subregulation 308 (3) provides that CASA is authorised to give an exemption subject to any condition specified in the exemption as being necessary in the interests of safety.
Paragraph 5.70 (1) (a) of CAR 1988 provides that if a student pilot has not passed a general flying progress flight test for the category of aircraft that the student proposes to fly, an authorised flight instructor must not permit the student to fly as pilot in command of an aircraft for more than 3 consecutive hours of flight time in aircraft of that category unless, after each period of 3 hours, the student has undertaken dual flying in an aircraft of that category.
The Singapore Flying College Pte Ltd (the College) holds an Air Operator’s Certificate authorising domestic flying training operations. The College’s flying training syllabus permits student pilots to fly as pilot in command of an aircraft for more than 3 consecutive hours. This is inconsistent with the requirement in paragraph 5.70 (1) (a) of CAR 1988.
This instrument exempts authorised flying instructors employed by the College from compliance with paragraph 5.70 (1) (a) of CAR 1988 when conducting flying training.
The College has demonstrated for more than a decade that it can safely conduct student flying training operations in accordance with its syllabus of flying training and trains only Singapore Airlines staff who, upon completion of training, return to Singapore to obtain the appropriate licence.
The exemption is subject to conditions which are considered necessary in the interests of safety. Under these conditions, the flying training must be conducted in Cessna 172 and Beechcraft 58 type aircraft, the student pilots of the College must have a minimum of 20 hours aeronautical experience and the training must be conducted only for the purposes of the authorised flying instructors’ employment by the College.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken because the instrument applies only to the College and remakes a previous instrument, CASA EX35/06, which ceased at the end of July 2008 and preserves an existing arrangement.
The exemption commences on the day after it is registered. It stops having effect at the end of November 2010.
The exemption has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX78/08]