CASA EX93/09 - Exemption - flight instructor (aeroplane) rating

Overview

The Civil Aviation Regulations 1988 were enacted to provide a framework for the regulation of civil aviation in Australia, aiming to ensure the safety of air navigation as mandated by the Civil Aviation Act 1988. The 1988 Regulations allow the Civil Aviation Safety Authority (CASA) to exempt individuals or aircraft from certain regulatory requirements if it is deemed necessary for safety reasons, subject to specific conditions. In this context, the 2009 exemption under consideration pertains to a flight instructor (aeroplane) rating for a particular individual who does not meet the standard qualifications for a grade 3 rating as outlined in Civil Aviation Order 40.1.7. Despite the applicant holding an overseas commercial pilot (aeroplane) licence and a command (aeroplane) instrument rating, CASA has determined that issuing an exemption would not compromise safety, thereby facilitating the granting of the desired rating. The exemption, being a legislative instrument, is subject to tabling and disallowance procedures under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 (the Act) apply to individuals and entities involved in civil aviation operations in Australia, including aircraft, pilots, and flight instructors. The Act allows the Civil Aviation Safety Authority (CASA) to make exemptions from specified provisions of the CAR 1988 to ensure safety in air navigation. An exemption under subregulation 308(1) of the CAR 1988 can be granted to aircraft or persons associated with the operation of an aircraft, subject to CASA considering relevant safety considerations and potentially imposing conditions necessary for safety. The exemption in question pertains to an individual seeking a flight instructor (aeroplane) rating grade 3, who, despite having completed a training course and holding a certificate of validation, does not meet the usual qualifications of holding a commercial pilot (aeroplane) licence (CP(A)L) or an air transport pilot (aeroplane) licence (ATP(A)L) along with either an aeroplane night VFR rating (NVFR) or a command (aeroplane) instrument rating (CIR). CASA has determined that an exemption will not compromise safety, thus allowing the applicant to proceed with the rating. This exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to disallowance by Parliament, although consultation was deemed unnecessary due to the minor nature of the exemption. The exemption will take effect upon registration and will cease at the end of March 2010.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) and the associated Civil Aviation Orders (CAO) set forth the regulatory framework for aviation safety in Australia, with specific provisions for the issue and renewal of flight crew ratings. Subregulation 308(1) of CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to exempt aircraft or persons from specific regulatory requirements if deemed necessary for safety. This regulatory flexibility allows CASA to consider unique circumstances that may otherwise prevent compliance with certain regulations, as long as safety is not compromised. For instance, an individual who meets most requirements for a flight instructor (aeroplane) rating but falls short in specific licensing or rating criteria may be granted an exemption by CASA, as outlined in the explanatory statement. The obligations imposed by the Civil Aviation Regulations 1988 on the parties it governs are primarily centred around ensuring the safety of air navigation. Under subregulation 308(2) of CAR 1988, CASA must carefully consider any relevant safety factors before granting an exemption. This process ensures that the exemption does not introduce undue risk into the aviation system. Furthermore, any exemption granted by CASA may be subject to specific conditions, as stipulated in subregulation 308(3) of CAR 1988, to mitigate any potential safety concerns further. Additionally, the exemption must align with the overarching safety objectives outlined in the Civil Aviation Act 1988, specifically under subsection 98(1). In terms of penalties and consequences for breach, subregulation 308(4) of CAR 1988 indicates that exemptions are considered disallowable instruments under the Legislative Instruments Act 2003 (LIA). This means that any exemption granted by CASA must be tabled in Parliament and could be subject to disallowance if deemed inappropriate. There are no direct criminal or civil penalties specified for the breach of conditions within the exemption itself, but the overarching regulations and orders provide a framework for enforcing compliance and addressing non-compliance through administrative actions. Failure to adhere to the conditions of the exemption could potentially lead to the revocation of the exemption and the imposition of further regulatory actions as deemed necessary by CASA to ensure continued safety.