Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — solo flight training at Coffs Harbour Aerodrome using ultralight aeroplanes and weight shift controlled aeroplanes registered with the RAA
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.
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), 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.
Civil Aviation Order 95.55 (CAO 95.55) permits certain aircraft registered with Recreational Aviation Australia Inc (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. RAA students cannot conduct solo operations in controlled airspace unless specifically authorised because they do not have private pilot licences.
The exemption is to allow Mark White, trading as Midcoast Microlights, (the operator) to conduct solo flight training for student pilots using ultralight aeroplanes and weight shift controlled aeroplanes registered with RAA. The operator is required to meet all the conditions of 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 RAA training syllabus is used. In addition, the operator must use the CASA Day (VFR) Syllabus – Aeroplanes for elements of instruction relating to controlled airspace, and the flight instructor must hold the specified minimum qualifications. In addition, the pilot must be a pupil of the operator or carrying out training sequences authorised by the operator.
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 instrument applies to a class of persons undergoing training and is, therefore, legislative. 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
Consultation under section 17 of the LIA has not been undertaken in this case. A number of similar instruments have been issued to allow pilot training to take place in controlled airspace in ultralight aircraft where CASA considers it appropriate to do so.
Human rights implications
The instrument sets out an exemption from legislative requirements as described above. The instrument does not engage any of the applicable rights or freedoms.
Commencement and making
The instrument commences on the day after registration and stops having effect at the end of 31 May 2015.
The exemption has been made by a delegate of CASA under regulation 11.260 of CASR 1998.
[Instrument number CASA EX91/12]
Overview
The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation and the airworthiness of aircraft in Australia. Section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to create regulations for these purposes, with the Civil Aviation Safety Authority (CASA) empowered to issue instruments under specific subsections related to air navigation, operation, maintenance, and aircraft standards. One such exemption pertains to solo flight training at Coffs Harbour Aerodrome using ultralight aeroplanes and weight shift controlled aeroplanes registered with Recreational Aviation Australia Inc. This exemption, detailed in the Civil Aviation Safety Regulations, allows Mark White, trading as Midcoast Microlights, to conduct solo flight training under certain conditions, facilitating the training of student pilots while maintaining safety standards. The exemption is subject to conditions, including the use of a specific training syllabus and medical requirements for students. As a legislative instrument, this exemption is subject to parliamentary oversight under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue exemptions from certain provisions of the Regulations or Civil Aviation Orders. This particular exemption targets solo flight training conducted at Coffs Harbour Aerodrome by Mark White, trading as Midcoast Microlights, using ultralight aeroplanes and weight shift controlled aeroplanes registered with Recreational Aviation Australia Inc (RAA). The exemption aims to facilitate solo flight training for student pilots, provided specific conditions are met, such as the use of the RAA training syllabus and adherence to the CASA Day (VFR) Syllabus—Aeroplanes for instruction relating to controlled airspace. Importantly, this exemption applies only to the operator, Mark White, and his student pilots, and it is subject to stringent conditions including the requirement that students hold a valid class 2 medical certificate and that the flight instructor possesses the specified minimum qualifications. The exemption is also subject to the broader conditions outlined in Civil Aviation Order 95.55, which governs the operation of certain RAA-registered aircraft in controlled airspace. This exemption does not extend beyond the specified conditions and the geographic reach is limited to Coffs Harbour Aerodrome, ensuring that the exemption serves its intended safety purpose without compromising the overall regulatory framework.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) provide that the Civil Aviation Safety Authority (CASA) may grant exemptions from certain provisions of the Regulations and Civil Aviation Orders, as per subregulation 11.160(1). This allows specific activities to be conducted in controlled airspace, provided they adhere to certain conditions. For instance, the exemption allows Mark White, trading as Midcoast Microlights, to conduct solo flight training at Coffs Harbour Aerodrome using ultralight aeroplanes and weight shift controlled aeroplanes registered with Recreational Aviation Australia Inc (RAA), as outlined in section 11.160(2) of the CASR 1998. This exemption is subject to certain conditions, including the requirement that each student holds a valid class 2 medical certificate and the use of the RAA training syllabus. Furthermore, the operator must follow the CASA Day (VFR) Syllabus – Aeroplanes for elements of instruction relating to controlled airspace and ensure that the flight instructor holds the specified minimum qualifications. Additionally, the pilot must be a pupil of the operator or carrying out training sequences authorised by the operator.
The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, the operator must ensure that all students undergoing training hold a valid class 2 medical certificate, as per the conditions of the exemption. Secondly, the RAA training syllabus must be used for training purposes, and the CASA Day (VFR) Syllabus – Aeroplanes must be followed for elements of instruction relating to controlled airspace. Thirdly, the flight instructor must hold the specified minimum qualifications, as outlined in the conditions of the exemption. Fourthly, the pilot must be a pupil of the operator or carrying out training sequences authorised by the operator. Lastly, the exemption must be published on the internet, as per regulation 11.225 of the CASR 1998, and it 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.
The Act also outlines various offences, penalties, and civil or criminal consequences for breach. Firstly, if the operator fails to meet any of the conditions outlined in the exemption, they may be subject to enforcement action by CASA. This may include the revocation of the exemption or the imposition of fines, as per section 11.245 of the CASR 1998. Secondly, if a pilot violates any of the conditions of the exemption, they may be subject to disciplinary action by the RAA, which may include suspension or revocation of their licence. Lastly, if an individual or entity breaches any of the conditions of the exemption, they may be subject to civil or criminal liability, as per the relevant legislation. However, the maximum penalties for breach are not specified in the Act.