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]
Overview
The Civil Aviation Safety Regulations 1998, as amended by the legislative instrument F2012L01196, provide an exemption to enable Sunshine Coast Aero Club Limited to conduct solo flight training using ultralight aeroplanes registered with the Recreational Aviation Australia (RAA) at Sunshine Coast Airport. This exemption addresses the gap where RAA students, who lack private pilot licences, are unable to conduct solo operations in controlled airspace. The exemption is enacted under section 98 of the Civil Aviation Act 1988, with the policy objective being to ensure the safety of air navigation while allowing for necessary training activities. The exemption is subject to specific conditions, such as the requirement for students to hold a valid class 2 medical certificate and the use of the CASA Day (VFR) Syllabus – Aeroplanes for controlled airspace elements. The instrument, being a legislative instrument, is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. It has been determined to be compatible with human rights and freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011, with no engagement of applicable rights or freedoms. The exemption was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) and comes into effect on the day of registration, ceasing to have effect at the end of 31 May 2015.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) contain provisions for granting exemptions under Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations in the interest of air navigation safety. Specifically, the exemption pertains to solo flight training using ultralight aeroplanes registered with the RAA at Sunshine Coast Airport. The exemption applies to Sunshine Coast Aero Club Limited, which is authorised to conduct solo flight training under certain conditions. This exemption allows the operator to conduct training in controlled airspace under Civil Aviation Order 95.55, except for the requirement that the pilot must have a valid private pilot licence to fly solo in controlled airspace. To be eligible for the exemption, each student pilot must hold a valid class 2 medical certificate, and the CASA Day (VFR) Syllabus – Aeroplanes must be used for controlled airspace elements. Additionally, the exemption is subject to specific conditions, such as restricting flight operations within controlled airspace to Class D airspace in the Maroochydore area for training purposes only, and requiring authorisation by the Chief Flying Instructor. This exemption is a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in Parliament. The exemption is compatible with human rights and freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011, and it has been made in consultation with relevant parties, including the RAA and Airservices Australia. The exemption comes into effect on the day of registration and will cease on 31 May 2015.
Key Provisions
The key provisions of the instrument primarily revolve around the exemption granted to Sunshine Coast Aero Club Limited for conducting solo flight training at Sunshine Coast Airport using ultralight aeroplanes registered with Recreational Aviation Australia (RAA). Section 98 of the Civil Aviation Act 1988 allows for the creation of regulations to ensure the safety of air navigation, and this instrument operates within that framework. Specifically, the exemption under subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) allows the Civil Aviation Safety Authority (CASA) to waive certain conditions stipulated in Civil Aviation Orders (CAO) 95.55, such as the requirement for RAA students to have a private pilot licence to fly solo in controlled airspace. This exemption, however, is not without conditions and must adhere to the provisions outlined in subregulation 11.205(1) of CASR 1998, which mandates that conditions can be imposed on exemptions to ensure safety.
The obligations imposed by this instrument on the parties involved are quite specific. Sunshine Coast Aero Club Limited, as the operator, must ensure that all student pilots hold a valid class 2 medical certificate and must use the CASA Day (VFR) Syllabus – Aeroplanes for training in controlled airspace. Moreover, the ultralight aeroplanes used for training must not enter controlled airspace unless the flight is in Class D airspace within the Maroochydore area, is for training purposes, and has been authorised by the Chief Flying Instructor. These conditions are designed to mitigate risks and maintain the safety standards set forth by CASA.
Failure to comply with the conditions of the exemption can result in significant consequences. Although the specific penalties are not detailed in the instrument, the Civil Aviation Safety Regulations 1998 and associated orders provide a framework for penalties that can be imposed for breaches of safety regulations. Typically, these could include fines, suspension or revocation of licences, or even criminal charges for serious violations, depending on the severity and impact of the breach. The maximum penalties can vary widely but often include substantial financial penalties and potential imprisonment for severe infractions.
The instrument is subject to the Legislative Instruments Act 2003, which requires that it be tabled and potentially disallowed by Parliament. Additionally, the exemption has been vetted to ensure it does not conflict with any human rights or freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011, indicating that it does not raise any human rights issues. The process of creating this exemption involved consultation with relevant parties, including the RAA and Airservices Australia, as well as internal consultation within CASA, ensuring that the exemption is both necessary and well-supported by those who will be directly affected by it.