CASA EX88/11 – Exemption – instrument rating flight tests for navigation aid endorsements

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Legislation au F2011L01765 Not in force Legislative Instrument

Legislation content

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]

Overview

The Civil Aviation Regulations 1988, amended by F2011L01765, addresses specific challenges in the process of obtaining instrument ratings for pilots, particularly regarding flight tests for navigation aid endorsements. This regulation was enacted to provide flexibility and address practical constraints faced by pilot trainees and examiners, particularly in controlled airspace and when using synthetic flight training devices (SFTDs). The Civil Aviation Safety Authority (CASA), acting under the authority granted by the Civil Aviation Act 1988, issued this exemption to facilitate the demonstration of required competencies for initial instrument ratings under specific conditions. The policy objective is to enhance the efficiency and safety of pilot training while accommodating the limitations imposed by airspace restrictions and the use of approved SFTDs. The exemption allows for certain flight test requirements to be met using SFTDs or by following standard operational procedures, thereby avoiding unnecessary restrictions in real-world flight scenarios.

Scope and Application

The Civil Aviation Regulations 1988, specifically under the authority granted by the Civil Aviation Act 1988, allows the Civil Aviation Safety Authority (CASA) to issue exemptions from certain regulatory requirements in the interest of safe air navigation. This exemption, identified as CASA EX88/11, applies to individuals or classes of persons seeking an instrument rating in aviation, particularly concerning the flight tests required for navigation aid endorsements. It allows for flexibility in how certain flight test procedures are demonstrated, particularly in the use of synthetic flight training devices (SFTDs) for initial VOR navigation aid endorsements, as well as modifications to the tolerances required for demonstrating proficiency in NDB and VOR approaches. The exemption is geographically and jurisdictionally applicable across Australia as it is a Commonwealth regulation. Exemptions under this regulation are subject to the Legislative Instruments Act 2003, and while formal consultation was not undertaken, it was issued at the request of relevant stakeholders. The exemption, however, is not permanent and ceases no later than three years from its commencement, or on a specified date if provided within the exemption.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) have been amended through the issuance of an exemption under section 98(5A) of the Civil Aviation Act 1988. This amendment, detailed in subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), allows for exemptions from certain provisions of CAR 1988 and Civil Aviation Orders (CAOs) concerning the safe navigation and operation of aircraft. The exemption is specifically designed to address certain limitations in the demonstration of proficiency for instrument ratings, particularly for VOR navigation aids and ILS approach procedures. This amendment permits the use of synthetic flight training devices (SFTDs) to demonstrate competence in certain manoeuvres and approaches that are otherwise difficult to demonstrate in actual flight due to airspace constraints and operational procedures. The obligations under this exemption primarily concern the conditions CASA can impose to ensure the safety of air navigation. These conditions can include requirements for the approval of SFTDs and the approval of personnel conducting the tests in these devices, as outlined in subregulation 11.205(1) of CASR 1998. The exemption must also be published on the Internet under regulation 11.225 of CASR 1998 and will cease no later than three years after its commencement unless a specific termination date is specified, as per subregulation 11.230(1) of CASR 1998. Additionally, the exemption has been issued under subsection 73(2) of the Civil Aviation Act 1988 by the Director of Aviation Safety on behalf of CASA, reflecting the authority granted to CASA under subregulation 11.160(2) of CASR 1998. Breach of the conditions set out in this exemption or failure to comply with the terms of the exemption could lead to serious consequences. Under the Civil Aviation Act 1988, CASA may impose penalties for non-compliance with the regulations or exemptions, which can include fines or other sanctions. The severity of the penalty will depend on the nature and extent of the breach. The exemption is also subject to the Legislative Instruments Act 2003, which requires that legislative instruments such as this exemption be tabled and allows for disallowance in the Parliament under sections 38 and 42 of the LIA. Although formal consultation under section 17 of the LIA was not undertaken, the exemption was issued in response to requests from simulator operators and other stakeholders seeking to facilitate the issuance of instrument ratings in certain circumstances.

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Administrative Law
Civil Aviation Law
Instrument
Regulation
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Delegation & Subordinate Legislation
Exemptions & Exclusions
Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.