CASA EX83/10 – Exemption – S-211 aircraft endorsement for Willie Swee Lim Chew

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide a comprehensive framework for the safety and regulation of civil aviation in Australia. This legislation, stemming from the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue exemptions from certain regulatory requirements when it is deemed necessary in the interests of safety. In this particular case, an exemption has been granted to Willie Swee Lim Chew, a qualified instructor with extensive experience in operating the S-211 aircraft. The exemption allows Mr. Chew to obtain an S-211 class endorsement despite the absence of provisions for Australian pilots to do so under Civil Aviation Order 40.1.0. CASA has determined that the exemption will not compromise safety and has made this decision in accordance with the legislative framework provided by the Civil Aviation Act 1988 and the Legislative Instruments Act 2003. This legislative instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, although in this instance, consultation was deemed unnecessary due to the minor and short-term nature of the exemption.

Scope and Application

The Civil Aviation Regulations 1988, as amended, provide the regulatory framework for the exemption of specific requirements for the issuance of an S-211 aircraft endorsement for Willie Swee Lim Chew, a qualified instructor with extensive experience in flying the S-211 aircraft within the Republic of Singapore Air Force. This exemption is made under the authority conferred by subsection 98(1) of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act, and under subregulation 308(1) of the Civil Aviation Regulations 1988, which allows the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons associated with the operation of aircraft from specified provisions of the regulations. The exemption is issued in the interests of safety, taking into account relevant considerations and can be subject to conditions specified as necessary for safety, as outlined in subregulation 308(2) and (3). The exemption pertains specifically to Willie Swee Lim Chew and his eligibility for the S-211 class endorsement, given the absence of any other pilots qualified to conduct the necessary training in Australia. This exemption is a legislative instrument subject to tabling and disallowance in the Parliament, as declared under subregulation 308(4) of the Civil Aviation Regulations 1988 and subparagraph 6(d)(i) of the Legislative Instruments Act 2003. The exemption will be in effect until the end of 31 December 2010.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) provide that the Civil Aviation Safety Authority (CASA) can exempt aircraft or individuals associated with the operation of an aircraft from certain regulatory requirements, provided that the exemption is in the interest of safety (subsection 98(1) of the Civil Aviation Act 1988). The authority to grant such exemptions is detailed in subregulation 308(1) of CAR 1988, which stipulates that CASA must consider relevant safety considerations before making an exemption (subregulation 308(2)) and can impose conditions necessary for safety (subregulation 308(3)). Regulation 5.22 of CAR 1988 further empowers CASA to direct the issuance of aircraft endorsements through Civil Aviation Orders (CAO), while regulation 5.23 sets out the requirements for these endorsements. The specific endorsement in question, the S-211 class endorsement for aeroplanes, is detailed in Appendix 1A, Part 1A of CAO 40.1.0. However, there are no provisions for Australian pilots to obtain this endorsement, which is why an exemption is necessary for the applicant. The obligations imposed by the exemption include ensuring that the exemption is granted only if CASA determines that safety will not be compromised (subregulation 308(2) of CAR 1988). This entails a thorough assessment of the applicant's competence and experience, as demonstrated by Willie Swee Lim Chew, who has extensive experience flying the S-211 aircraft. CASA must also ensure that the exemption conditions are strictly adhered to and that any conditions set are necessary for maintaining safety standards. Furthermore, CASA must ensure that the exemption is in line with the legislative requirements, such as the Legislative Instruments Act 2003 (LIA), which makes the exemption a disallowable instrument subject to tabling and disallowance in Parliament (subregulation 308(4) of CAR 1988 and subparagraph 6(d)(i) of the LIA). The consequences for breaching the provisions of this exemption are significant, as the exemption is subject to disallowance under sections 38 and 42 of the LIA. If CASA fails to ensure that safety is maintained or if the exemption conditions are not met, it could lead to safety risks, which could potentially result in severe penalties. The exemption, which is in effect from the day after registration until the end of 31 December 2010, must be carefully managed to avoid any breaches that could compromise safety. The authority to make such exemptions is exercised by the Director of Aviation Safety on behalf of CASA, in accordance with subsection 73(2) of the Civil Aviation Act 1988. This structured approach ensures that the exemption is both necessary and safe, protecting the interests of all parties involved in aviation operations.