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]
Overview
The Civil Aviation Regulations 1988 were enacted to establish a comprehensive regulatory framework for civil aviation within Australia, addressing the need for safety and efficiency in air navigation and operations. This regulatory framework is supported by the Civil Aviation Act 1988, which empowers the Governor-General to make regulations in the interests of safety. The specific exemption in question was introduced to address a gap in the Civil Aviation Regulations 1988, particularly concerning the flying training practices of the Singapore Flying College Pte Ltd. This exemption was deemed necessary as the College's training syllabus allows student pilots to fly for more than three consecutive hours, which is inconsistent with the regulatory requirement that student pilots should not fly for more than three consecutive hours without dual flying under an authorised flight instructor. The exemption aims to balance safety considerations with the operational needs of the College, which exclusively trains Singapore Airlines staff. The exemption is subject to conditions to ensure safety, including the types of aircraft used, the experience level of the student pilots, and the purpose of the training. This legislative instrument is subject to parliamentary oversight and disallowance under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) have been amended to provide an exemption for authorised flying instructors employed by Singapore Flying College Pte Ltd (the College) from compliance with certain provisions of CAR 1988, specifically paragraph 5.70(1)(a). This exemption applies to these instructors when conducting flying training in accordance with the College's syllabus. The exemption is granted under the authority provided by Section 98 of the Civil Aviation Act 1988 and is subject to specific conditions that are deemed necessary for safety. These conditions include limiting the exemption to the operation of Cessna 172 and Beechcraft 58 aircraft, ensuring that student pilots have a minimum of 20 hours of aeronautical experience, and stipulating that the training is conducted solely for the purposes of the authorised flying instructors' employment by the College. The exemption is effective from the day after its registration and will cease at the end of November 2010. This instrument is a legislative instrument as it is declared to be a disallowable instrument under CAR 1988 and is therefore subject to the provisions of the Legislative Instruments Act 2003 regarding tabling and disallowance in the Parliament.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) have been amended to provide an exemption for authorised flying instructors employed by the Singapore Flying College Pte Ltd (the College). This exemption is granted under section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act, and in the interests of the safety of air navigation (section 98). Specifically, subregulation 308(1)(b) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt certain persons from compliance with specified provisions of CAR 1988 while they are in, on, or otherwise associated with the operation of a particular aircraft or specified type or category of aircraft, provided it is in the interests of safety. The exemption for the College’s authorised flying instructors is subject to any conditions specified as necessary for safety (subregulation 308(3)).
The exemption addresses a discrepancy between the College's flying training syllabus and the requirements of paragraph 5.70(1)(a) of CAR 1988, which mandates that a student pilot must undertake dual flying after every 3 consecutive hours unless they have passed a general flying progress flight test for the category of aircraft they are flying. The College’s syllabus permits student pilots to fly as pilot in command for more than 3 consecutive hours, which is inconsistent with CAR 1988. The exemption allows authorised flying instructors employed by the College to conduct flying training under certain conditions that ensure safety. These conditions include that the training must be conducted in Cessna 172 and Beechcraft 58 type aircraft, that the student pilots must have a minimum of 20 hours of aeronautical experience, and that the training is conducted solely for the purposes of the authorised flying instructors' employment by the College.
Under the Legislative Instruments Act 2003 (LIA), the exemption is considered a legislative instrument as it is declared to be a disallowable instrument under CAR 1988 (subregulation 308(4)). Consequently, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA (subsection 6(d)(i) of the LIA). Despite the requirement to consult under section 17 of the LIA, consultation was not undertaken as the exemption applies only to the College and essentially remakes a previous instrument, CASA EX35/06, which expired at the end of July 2008. The exemption is effective from the day after its registration and will cease at the end of November 2010.
Should any party breach the conditions of this exemption, there could be significant civil or criminal consequences. While the specific penalties are not detailed in the text, breaches of aviation safety regulations can result in severe penalties, including fines and imprisonment. The College and its instructors are therefore required to adhere strictly to the conditions outlined to avoid any legal ramifications.