CASA EX89/09 - 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 establish comprehensive regulations governing civil aviation in Australia, aimed at ensuring safety and efficiency in the sector. This regulation specifically addresses a gap by providing an exemption to certain provisions of the Civil Aviation Regulations for flight training conducted using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated at West Sale Aerodrome. This exemption was introduced by the Civil Aviation Authority of Australia (CASA) under the authority granted by Section 98 of the Civil Aviation Act 1988. The policy objective of this regulation is to facilitate flight training activities while maintaining the safety standards set forth by the Civil Aviation Order 95.55, ensuring that training can occur without the restrictions of flying in designated prohibited or restricted airspaces. The exemption is contingent upon the fulfilment of certain conditions by the operator and is subject to disallowance in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988, as modified by the exemption outlined in Civil Aviation Order 95.55, provide specific allowances for flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated (RAA) at West Sale Aerodrome. This exemption applies to Edge Aerospace Pty Ltd, trading as Edge Aviation, and its students who are undertaking training flights under the supervision of a suitably qualified pilot. The exemption permits operations within controlled airspace, with the key condition being that the flights do not occur within areas designated as prohibited or restricted by the Aeronautical Information Publication (AIP) when these areas are active. The exemption extends to the geographic area of West Sale Aerodrome and is specifically tailored to the operations conducted by Edge Aviation under the agreement with RAA. The exemption is subject to the legislative framework set out in the Civil Aviation Act 1988 and is recognised as a legislative instrument under the Legislative Instruments Act 2003, meaning it is subject to parliamentary disallowance procedures. The exemption is in effect from the day after its registration and will cease to have effect either when the agreement between Edge Aviation and RAAF East Sale ends or on 30 September 2011, whichever comes first.

Key Provisions

The key operative sections of this legislation pertain to flight training using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated (RAA) at West Sale Aerodrome, as detailed in Civil Aviation Order 95.55 (CAO 95.55). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the Act, with the aim of ensuring the safety of air navigation. CAO 95.55 exempts certain RAA-registered aeroplanes from some provisions of the Civil Aviation Regulations 1988 (CAR 1988). Specifically, RAA can conduct flight training in controlled airspace if the aeroplane is registered with RAA and the pilot is suitably qualified and trained. However, RAA students and pilots undertaking training flights under the control of Edge Aerospace Pty Ltd, trading as Edge Aviation, are prohibited from flying inside areas designated as prohibited or restricted areas in the Aeronautical Information Publication (AIP) when such areas are active. This exemption allows Edge Aviation to conduct flight training for its students using ultralight aeroplanes registered with RAA at West Sale Aerodrome in an area that has been designated as a prohibited or restricted area. The obligations and requirements imposed by this Act on the parties involved, specifically Edge Aerospace Pty Ltd trading as Edge Aviation, are multifaceted. Firstly, the operator must ensure that all conditions stipulated in CAO 95.55 for ultralight operations are met, except for the requirement not to fly in restricted airspace without a valid private pilot licence. This means that while the exemption allows for operations in restricted airspace, all other safety and operational standards must still be adhered to. Furthermore, Edge Aviation must not permit its students or pilots to fly within prohibited or restricted areas as designated in the AIP, even when these areas are not active. The operator is also required to maintain an ongoing agreement with RAAF East Sale, which was achieved through consultation under section 17 of the Legislative Instruments Act 2003 (LIA). The Act also outlines the potential consequences for breaches of its provisions. As stated in subregulation 308(4) of the CAR 1988, the exemption is a disallowable instrument, meaning it can be subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. The exemption is therefore considered a legislative instrument, which must be formally tabled and can be disallowed by Parliament. Civil and criminal penalties may also apply for breaches of the conditions outlined in CAO 95.55 and the Civil Aviation Regulations 1988. Although the specific penalties are not detailed in the explanatory statement, violations of civil aviation regulations can result in substantial fines, suspension or revocation of licences, and other regulatory sanctions. The instrument itself commences on the day after it is registered and ceases to have effect on the earlier of the cessation of the agreement between Edge Aviation and RAAF East Sale or 30 September 2011. The instrument has been made by the Director of Aviation Safety, on behalf of the Civil Aviation Safety Authority (CASA), in accordance with subsection 84A(2) of the Act.