CASA EX86/09 - Exemption - flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at West Sale Aerodrome

Overview

The Civil Aviation Regulations 1988 were enacted to ensure the safety and efficiency of air navigation in Australia. The Civil Aviation Order 95.55 provides exemptions from certain provisions of the Civil Aviation Regulations for aeroplanes registered with Recreational Aviation Australia Incorporated (RAA), allowing flight training in controlled airspace under specific conditions. However, a gap in this framework was identified regarding the operation of ultralight aeroplanes registered with RAA at West Sale Aerodrome, particularly in areas designated as prohibited or restricted areas. To address this, the Civil Aviation (Exemption) Regulations 2009 were introduced by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), pursuant to Section 98 of the Civil Aviation Act 1988. The policy objective of this exemption is to facilitate flight training operations while ensuring compliance with safety regulations, subject to conditions outlined in CAO 95.55. The exemption is also subject to disallowance in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988, under section 98 of the Civil Aviation Act 1988, provide the legislative framework within which the Governor-General can establish regulations for the safety of air navigation. Specifically, Civil Aviation Order 95.55 (CAO 95.55) exempts certain aeroplanes registered with Recreational Aviation Australia Incorporated (RAA) from certain provisions of the Civil Aviation Regulations. This exemption permits RAA to conduct flight training in controlled airspace, provided the aeroplane is registered with RAA and the pilot holds the appropriate qualifications and training. This arrangement is further governed by the requirement that RAA students and pilots undergoing training flights under the control of Gippsland Flight Centre, a trading entity of A.W. & W.E. Peters Pty Ltd, must avoid flying within areas designated as prohibited or restricted in the Aeronautical Information Publication (AIP) when such areas are active. The exemption serves to allow the operator to conduct flight training for its students using ultralight aeroplanes registered with RAA at West Sale Aerodrome (YWSL) within a designated prohibited or restricted area, subject to the conditions outlined in CAO 95.55 for ultralight operations, with the exception of the requirement to avoid flying in restricted airspace without a valid private pilot licence. This legislative instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, having been declared a disallowable instrument under the Civil Aviation Regulations 1988.

Key Provisions

The key provisions of the Civil Aviation Regulations 1988 (CAR 1988) as outlined in the Explanatory Statement focus on the exemption of certain ultralight aeroplanes registered with Recreational Aviation Australia Incorporated (RAA) for flight training purposes. Specifically, section 98 of the Civil Aviation Act 1988 allows for the creation of regulations that enhance the safety of air navigation. Under Civil Aviation Order 95.55 (CAO 95.55), aeroplanes registered with RAA are exempt from certain provisions of the Civil Aviation Regulations if they meet the specified conditions. This includes allowing RAA to conduct flight training in controlled airspace, provided that the pilot is suitably qualified and trained. A notable condition is that RAA students and pilots cannot fly within designated prohibited or restricted areas when these areas are active. The Act imposes obligations on the operator, which in this case is A.W. & W.E. Peters Pty Ltd trading as Gippsland Flight Centre. The operator must adhere to all the conditions stipulated in CAO 95.55 for ultralight operations. However, they are exempt from the requirement of having a valid private pilot licence when flying in restricted airspace. It is crucial for the operator to ensure that all flight training activities are conducted in accordance with the terms of the exemption, particularly by avoiding designated prohibited or restricted areas during their operation times. For breaches of the conditions outlined in the exemption, there are potential civil and criminal consequences. Although the specific penalties are not detailed in the Explanatory Statement, it is implied that violations could result in legal action under the Civil Aviation Act 1988. The legislation also references the Legislative Instruments Act 2003, which classifies the exemption as a disallowable instrument, subject to tabling and disallowance in the Parliament. This means that the exemption is scrutinized and can be reviewed by parliamentary processes, ensuring that it remains compliant with legislative standards and safety requirements.