CASA EX95/10 – Exemption – Mark Alan Woodward

Overview

The Civil Aviation Regulation 1988, enacted by the Australian Parliament, was introduced to ensure the safety of air navigation and to regulate civil aviation within Australia. It grants the Governor-General the power to make regulations for the Act and the safety of air navigation, delegating authority to the Civil Aviation Safety Authority (CASA) to issue flight crew ratings under specific conditions and requirements. Recently, an exemption was granted to Mark Alan Woodward, a pilot with extensive experience in the UK, to transfer his license to an Australian one without the need to perform an initial command instrument rating in a simulator. This exemption, issued by CASA, was made after careful consideration of safety interests and is subject to disallowance in the Parliament as a legislative instrument. This regulation underscores the importance of ensuring the safety of aviation operations while providing flexibility in exceptional cases to qualified professionals.

Scope and Application

The Civil Aviation Regulation 1988 (CAR 1988) applies to all persons and entities involved in the operation of aircraft within Australia, including pilots, aircraft owners, operators, and maintenance personnel. The regulation governs the issuance and renewal of flight crew ratings and sets out the conditions and requirements for obtaining these ratings, including passing flight tests and meeting recent experience requirements. This applies to the entire Commonwealth of Australia, ensuring uniform safety standards across the country. Exemptions to these requirements can be granted under specific circumstances, such as the exemption granted to Mark Alan Woodward, who has been granted a temporary exemption from the requirement to perform an initial issue command instrument rating in a simulator. The exemption is declared to be a disallowable instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in Parliament. The exemption applies only to Mark Alan Woodward and is in effect from 10 November 2010 until the end of 20 November 2010.

Key Provisions

The key sections of the Civil Aviation Regulation 1988 (CAR 1988) that are relevant to this legislation include subregulation 5.14(1) and (2), which allow the Civil Aviation Safety Authority (CASA) to issue directions through Civil Aviation Orders (CAOs) regarding the issuance of flight crew ratings and the conditions under which they are granted. Specifically, subregulation 5.14(2) mandates that CASA issues the flight crew rating by entering it into the person’s log book only if they have passed the necessary flight tests and met all other specified requirements. Additionally, regulation 5.16 of CAR 1988 allows CASA to issue or renew a flight crew rating subject to certain conditions, while regulation 5.18 provides that CASA can set out the authority granted by a flight crew rating, its limitations, and the flight tests required before exercising that authority in CAOs. Civil Aviation Order 40.2.1 (CAO 40.2.1) contains detailed directions for the issuance and renewal of instrument ratings, including the conduct of flight tests and conditions relating to the duration and recent experience requirements of such ratings. The obligations imposed by this legislation on Mark Alan Woodward, who holds a UK licence and wishes to transfer to an Australian licence, are primarily centred around meeting the conditions set forth by CASA. These include demonstrating compliance with the flight tests and other requirements specified in CAO 40.2.1. Notably, Mark Woodward has applied for an exemption from the requirement to perform an initial issue command instrument rating in a simulator, a request that CASA has granted after considering all relevant safety considerations. This exemption means that Mark Woodward is not required to perform the simulator-based tests but must still meet all other criteria for the transfer of his licence. In terms of penalties and consequences for breach, the legislation does not explicitly state any criminal or civil penalties for non-compliance with the directions and conditions set out in the CAOs. However, failure to adhere to the requirements for issuing or renewing a flight crew rating could result in CASA not issuing or renewing the rating. This would effectively prevent Mark Woodward from exercising the authority granted by a flight crew rating, thereby impacting his ability to operate aircraft in Australia. Additionally, the legislative instruments affected by this exemption, being disallowable instruments under regulation 5A of CAR 1988, are subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003 (LIA). This underscores the regulatory oversight and potential parliamentary review of such instruments.