Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — solo flight training using ultralight aeroplanes registered with the RAA at Sunshine Coast Airport
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.
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. However, RAA students cannot conduct solo operations in controlled airspace unless specifically authorised because they do not have private pilot licences.
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) of the Act, CASA may grant an exemption from a provision of the regulations, including the Civil Aviation Regulations 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.
Instrument
The exemption is to allow Sunshine Coast Aero Club Limited (the operator) to conduct solo flight training at Sunshine Coast Airport for student pilots using ultralight aeroplanes registered with the RAA. The operator is required to meet conditions that would normally apply under CAO 95.55 except the requirement not to fly solo in controlled airspace without a valid private pilot licence. The exemption is subject to conditions. The conditions include a requirement that each student holds a valid class 2 medical certificate and that the CASA Day (VFR) Syllabus – Aeroplanes is used for controlled airspace elements. The aeroplane must not be flown inside controlled airspace unless the flight is conducted in Class D airspace in the Maroochydore area, is for training purposes and is authorised by the Chief Flying Instructor.
Legislative Instruments Act
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or Civil Aviation Orders. 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 exemption applies to a class of persons and aircraft. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (the LIA).
Compatibility with human rights and freedoms
This 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 as it does not raise any human rights issues. It does not engage any of the applicable rights or freedoms.
Consultation
The operator has requested this instrument. The RAA and Airservices Australia support that request. The exemption has also been the subject of consultation within CASA. Further consultation under section 17 of the LIA has not been undertaken in this case because the instrument is similar in substance to CASA EX40/10, which stops having effect at the end of 31 May 2012. The instrument is also similar to instruments prepared for the Aero Club of Tasmania and the Coffs Harbour and District Aero Club Limited. Those instruments were prepared after consultation.
Making and commencement
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, under regulation 11.160 of CASR 1998.
The instrument comes into effect on the day of registration. It stops having effect at the end of 31 May 2015.
[Instrument number CASA EX86/12]