CASA EX96/09 - Exemption - solo flight training using ultralight aeroplanes registered with the RAA at Coffs Harbour Aerodrome

Overview

The Civil Aviation Regulations 1988, as amended by F2009L04087, introduce an exemption to allow Coffs Harbour and District Aero Club Limited to conduct solo flight training for student pilots using ultralight aeroplanes registered with Recreational Aviation Australia Inc (RAA) at Coffs Harbour Aerodrome. This legislation was enacted to address the specific need for solo flight training in controlled airspace for RAA student pilots who, due to the lack of a private pilot licence, are not otherwise permitted to conduct solo operations. The exemption aligns with the broader objective of ensuring the safety of air navigation while providing necessary training opportunities, as mandated by section 98 of the Civil Aviation Act 1988. The exemption is subject to various conditions, including the requirement that students hold a valid class 2 medical certificate and that the RAA training syllabus is adhered to. This legislative instrument is subject to disallowance in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988, specifically Exemption CASA EX96/09, pertains to the conduct of solo flight training for student pilots using ultralight aeroplanes registered with Recreational Aviation Australia (RAA) at Coffs Harbour Aerodrome. This exemption applies to the Coffs Harbour and District Aero Club Limited, which must adhere to the conditions stipulated in Civil Aviation Order 95.55, with the exception of the requirement for a valid private pilot licence to operate solo in controlled airspace. The exemption is designed to facilitate flight training under controlled airspace, provided that each student holds a valid class 2 medical certificate and the RAA training syllabus is followed. This exemption is applicable within the geographic limits of Coffs Harbour Aerodrome and is subject to the legislative oversight and disallowance provisions outlined in the Legislative Instruments Act 2003. It is important to note that while consultation was not undertaken specifically for this exemption, it is based on previous instruments, including CASA EX73/08, which have been subject to consultation and regulatory scrutiny. This exemption is effective from the day of registration and will cease to have effect at the end of 31 October 2011.

Key Provisions

The primary operative sections of this legislation are Section 98 of the Civil Aviation Act 1988, which allows the Governor-General to create regulations for the Act to ensure air navigation safety, and Civil Aviation Order 95.55 (CAO 95.55), which permits specific aircraft registered with Recreational Aviation Australia Inc (RAA) to operate in controlled airspace under certain conditions. The exemption under discussion allows Coffs Harbour and District Aero Club Limited to conduct solo flight training for student pilots using ultralight aeroplanes registered with RAA. This exemption permits the operations to proceed under the conditions of CAO 95.55, with the exception of the requirement that solo flights in controlled airspace must be conducted by a pilot with a valid private pilot licence. The Act imposes several obligations on the parties involved. The operator, Coffs Harbour and District Aero Club Limited, must ensure that each student pilot holds a valid class 2 medical certificate and that the training follows the RAA training syllabus. Furthermore, the exemption is subject to the conditions stipulated in CAO 95.55, which include adherence to specific operational protocols to ensure safety and compliance with aviation regulations. The exemption also stipulates that the operations are limited to the use of ultralight aeroplanes registered with RAA and only for the purpose of solo flight training. The legislation also outlines potential consequences for non-compliance. Under the Legislative Instruments Act 2003, the exemption is considered a disallowable instrument and is subject to tabling and disallowance in the Parliament. This means that if the exemption is not approved, it can be annulled by either house of Parliament. Additionally, the exemption is effective from the day after it is registered and will cease to have effect at the end of 31 October 2011. Failure to adhere to the conditions of the exemption or the underlying regulations could result in penalties or other enforcement actions by the Civil Aviation Safety Authority (CASA). While the specific penalties are not detailed in the provided text, non-compliance with civil aviation regulations generally can lead to fines, suspension of licences, or other regulatory sanctions.