Explanatory Statement
Civil Aviation Regulations 1988
Exemption — instrument rating flight tests for navigation aid endorsements
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and 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) of the Act, CASA may grant an exemption from a provision of these Regulations (including the Civil Aviation Regulations 1988 (CAR 1988)) or a provision of the Civil Aviation Orders (CAOs) in relation to a matter mentioned in that subsection.
Under subregulation 11.160 (2) of CASR 1998, 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.
Regulation 5.14 of CAR 1988 permits CASA to give directions in CAOs for the issue of a flight crew rating, or a grade of flight crew rating, to a person.
Subregulation 5.14 (2) states that CASA must issue a flight crew rating to a person only if, among other things, the person has passed the necessary flight tests as required under paragraph (2) (a). Subregulation 5.14 (3) states that CASA must not issue a flight crew rating, or a grade of flight crew rating, to a person if, as stated in paragraph (3) (b), the person does not satisfy the requirements of subregulation 5.14 (2).
Regulation 5.19 permits CASA to issue CAOs that describe the flight tests for the issue of a flight crew rating, or a grade of flight crew rating, to a person.
CAO 40.2.1 sets out in Appendix I requirements for flight tests for instrument ratings. CAO 40.2.1, Appendix I, sections 2 and 4 set out limitations on the use of a synthetic flight training device (SFTD) to demonstrate manoeuvres. Under subparagraph 2.1 (d) of Appendix I to CAO 40.2.1, competence for the initial endorsement of the VOR navigation aid is required to be demonstrated in flight. This requires demonstration of proficiency in sector entry and holding procedures. The exemption permits this competence to be demonstrated in a synthetic flight training device for the initial issue of an instrument rating in order to avoid restrictions on carrying out such procedures in an aircraft in controlled airspace.
Subparagraph 2.1 (d) also requires that to demonstrate competence in the use of the ILS navigation aid competence should be demonstrated in accordance with a published approach procedure. Due to constraints on the use of airspace, there is almost no likelihood of the ATC permitting the demonstration of proficiency in holding patterns for the ILS as required by subparagraph 2 (1) (d). Accordingly, the exemption allows competence to be demonstrated by following what are normal air traffic control procedures in conducting approaches.
The exemption also allows competence in the use of an NDB or VOR approach to be demonstrated without complying with required tolerances specified in subparagraphs 3.5 (a) and (b). Instead, the usual operational procedures mentioned in the Aeronautical Information Publications, or ATC instructions, have to be followed.
The exemption also allows the use of SFTDs for VOR sector entry and holding procedures, although that use may otherwise be excluded by Appendix II to CAO 40.2.1, which sets limitations on the use of SFTDs.
SFTDs may be used in accordance with the exemption only if approved to a required level as a category B or C SFTD. In addition, the person conducting the test in an SFTD must be approved to do so in a current delegation.
Legislative Instruments Act
Exemptions issued under regulation 11.160 are issued under subsection 98 (5A) of the Act. Subsection 98 (5A), in paragraph (a), states that the regulations may empower CASA to issue an instrument relating to the safe navigation and operation, or the maintenance, of aircraft. Subsection (5AA) states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons. This exemption is accordingly a legislative instrument.
As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
Consultation
Formal consultation under section 17 of the LIA has not been undertaken in this case. The exemption has been issued at the request of simulator operators and other individuals who have sought the amendment to facilitate the issue of instrument ratings in the limited circumstances in which the exemption applies.
The exemption has been issued by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
[Instrument number CASA EX88/11]