Explanatory Statement
Civil Aviation Regulations 1988
Exemption — solo flight training using ultralight aeroplanes registered with the RAA at Coffs Harbour Aerodrome
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.
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 Coffs Harbour and District Aero Club Limited (the operator) to conduct solo flight training for student pilots using ultralight 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.
Legislative Instruments Act
Subregulation 308 (4) of the Civil Aviation Regulations 1988 declares an exemption to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case because the instrument is similar to instruments prepared for the Aero Club of Tasmania. Those instruments were prepared after consultation. It also remakes a previous instrument, CASA EX73/08, which ceases to have effect at the end of 31 October 2009.
The instrument commences on the day after it is registered. It stops having effect at the end of 31 October 2011.
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Instrument number CASA EX96/09]