CASA EX81/15 - Exemption — solo flight training using ultralight aeroplanes registered with the RAA at Moorabbin Aerodrome

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2015L00984 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — solo flight training using ultralight aeroplanes registered with the RAA at Moorabbin Aerodrome

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.

 

Subsection 98 (5A) of the Act provides that the Regulations may empower CASA to issue instruments in relation to the following:

(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or

(b) the airworthiness of, or design standards for, aircraft.

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A), CASA may grant an exemption from a provision of the Regulations, including the Civil Aviation Regulations 1988 (CAR 1988), or a provision of the Civil Aviation Orders, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

 

Civil Aviation Order 95.55 (CAO 95.55) permits certain aircraft registered with Recreational Aviation Australia Incorporated (the RAA) to operate in controlled airspace if they comply with conditions set out in CAO 95.55. The RAA may conduct flight training in controlled airspace under CAO 95.55 if the aeroplane is registered with the RAA and the pilot is suitably qualified and trained. RAA students cannot conduct solo operations in controlled airspace unless specifically authorised because they do not hold a valid pilot licence as required under paragraph 7.3 of CAO 95.55.

 

The exemption is to allow Soar Aviation Pty. Ltd. (the operator) to conduct solo flight training for student pilots using ultralight aeroplanes registered with the RAA. The operator is required to meet all the conditions of CAO 95.55 except the requirement not to fly solo in controlled airspace without a valid pilot licence.

 

The exemption is subject to conditions. The conditions include a requirement that each student holds a class 1 or class 2 medical certificate or a CASA recreational aviation medical practitioner’s certificate, and that the RAA syllabus for instructing students may be used. In addition, the operator must ensure that the pilot in command has been assessed as competent to the standards specified in the Part 61 Manual of Standards for the controlled aerodrome endorsement, the controlled airspace endorsement and the flight radio endorsement, and the flight instructor must hold the specified minimum qualifications.

 

Legislative Instruments Act 2003 (the LIA)

Under section 5 of the LIA, subject to sections 6, 7 and 9 of the LIA, a legislative instrument is an instrument in writing that is of a legislative character, and that is or was made in the exercise of a power delegated by the Parliament.

 

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations. 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, namely, students and pilots under the control of the operator, and to a class of aircraft, namely, ultralight aeroplanes registered with the RAA, and is, therefore, a legislative instrument.

 

As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Consultation

CASA consulted with the operator and the RAA. The consultation also involved Airservices Australia which stated that it did not have any issues with the proposed operations.

 

Following initial consultation and agreements, previous exemptions have been granted to allow operations of this kind in the same class of airspace using ultralight aeroplanes registered with the RAA.

 

Making and commencement

The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

The instrument commences on the day of registration. It expires at the end of May 2018, as if it had been repealed by another instrument.

 

[Instrument number CASA EX81/15]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption — solo flight training using ultralight aeroplanes registered with the RAA at Moorabbin Aerodrome

 

This legislative 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.

 

Overview of the legislative instrument

The legislative instrument permits solo flying in controlled airspace by student pilots and other pilots using ultralight aeroplanes registered with Recreational Aviation Australia. The pilots have to be under the control of the named operator.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide comprehensive safety regulations in the interests of air navigation, as authorised under Section 98 of the Civil Aviation Act 1988. The regulations were established to address the need for stringent safety measures and operational standards for the aviation industry, ensuring both the safe navigation and operation of aircraft and the airworthiness and design standards for aircraft. The Civil Aviation Safety Authority (CASA) was empowered to issue instruments under these regulations, including the ability to grant exemptions to certain provisions, as outlined in subregulation 11.160 of the CASR 1998. The authority to make these regulations was vested in the Governor-General, who was acting on behalf of the Australian Parliament, with the overarching policy objective being the safety of air navigation. This legislative framework ensures that all aviation activities comply with stringent safety standards, thereby protecting the public and promoting efficient air navigation.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide a framework for the regulation of civil aviation safety in Australia. This includes the ability for the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory provisions, provided that they do not compromise the safety of air navigation. Specifically, the exemption discussed in this legislation allows Soar Aviation Pty. Ltd. to conduct solo flight training using ultralight aeroplanes registered with the Recreational Aviation Australia (RAA) at Moorabbin Aerodrome. This exemption applies to student pilots under the control of the operator and to ultralight aeroplanes registered with the RAA. The exemption is subject to certain conditions, such as ensuring the pilot in command meets specified competency standards and that students hold appropriate medical certificates. Additionally, the exemption is subject to the tabling and disallowance processes outlined in the Legislative Instruments Act 2003. The exemption is also compliant with human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011, as it does not engage any applicable rights or freedoms. The exemption is set to expire at the end of May 2018, unless otherwise repealed by another instrument.

Key Provisions

The key provisions of this legislative instrument revolve around granting an exemption from certain Civil Aviation Safety Regulations 1998 (CASR 1998) provisions to allow solo flight training using ultralight aeroplanes registered with Recreational Aviation Australia (RAA) at Moorabbin Aerodrome. Specifically, the exemption is grounded in section 98 of the Civil Aviation Act 1988 (the Act) and subregulation 11.160 of CASR 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue instruments for safe navigation, operation, maintenance, airworthiness, and design standards of aircraft (sections 98(5A) and 11.160). Under this authority, CASA can grant exemptions from regulatory provisions, subject to safety considerations, and impose conditions to ensure safe air navigation (subregulations 11.160(2) and 11.205). The exemption requires the operator, Soar Aviation Pty. Ltd., to meet several conditions. These include ensuring that each student holds a class 1 or class 2 medical certificate or a CASA recreational aviation medical practitioner’s certificate and that the RAA syllabus for instructing students can be used. Additionally, the pilot in command must be assessed as competent to the standards specified in the Part 61 Manual of Standards for the controlled aerodrome endorsement, the controlled airspace endorsement, and the flight radio endorsement. The flight instructor must also hold the specified minimum qualifications. The exemption is also subject to the conditions set out in Civil Aviation Order 95.55 (CAO 95.55), except for the requirement that students do not fly solo in controlled airspace without a valid pilot licence. Failure to comply with the conditions of the exemption may result in enforcement actions by CASA, which could include the revocation of the exemption or other regulatory measures. While the legislation does not explicitly state penalties for non-compliance, breaches of aviation safety regulations can typically lead to civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach. The legislative instrument is also subject to tabling and disallowance in Parliament, as it is considered a legislative instrument under the Legislative Instruments Act 2003. The exemption is compatible with human rights as it does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. CASA has consulted with the operator, the RAA, and Airservices Australia, which stated it did not have any issues with the proposed operations. The exemption, which has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260(1) of CASR 1998, commences on the day of registration and expires at the end of May 2018.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.