CASA EX96/10 – Exemption – of authorised flying instructors employed by Singapore Flying College Pte Ltd

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were amended in 2010 to provide an exemption to the Singapore Flying College Pte Ltd from certain requirements for student pilots under paragraph 5.70(1)(a). The Civil Aviation Act 1988 authorised the Governor-General to make regulations in the interests of air navigation safety, and Section 98 of this Act allows for exemptions to be granted by the Civil Aviation Safety Authority (CASA) if they are deemed necessary for safety. The specific problem this legislation addresses is the inconsistency between the College's training syllabus, which permits student pilots to fly as pilot in command for more than 3 consecutive hours, and the regulatory requirement in CAR 1988 that an authorised flight instructor must not permit a student to fly for more than 3 consecutive hours unless dual flying occurs after each period of 3 hours. The policy objective of the exemption is to ensure that the College can safely continue its training operations while maintaining high safety standards. The exemption is subject to conditions that are considered necessary for safety and applies only to students seeking a Singapore commercial pilot's licence.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 (the Act) apply to various entities and individuals involved in civil aviation activities within Australia. This specific regulation pertains to authorised flying instructors employed by Singapore Flying College Pte Ltd, a company authorised to conduct domestic flying training operations in Australia. The exemption granted in this instance applies solely to the College and its authorised flying instructors when conducting flying training, specifically for students seeking a Singapore commercial pilot's licence. The exemption allows these instructors to deviate from the general requirement that student pilots must not fly as pilot in command for more than 3 consecutive hours unless they have undergone dual flying after each 3-hour period, as stipulated in paragraph 5.70(1)(a) of the CAR 1988. This exemption is contingent upon several safety conditions, including the type of aircraft used (Cessna 172 and Beechcraft 58), a minimum of 20 hours' aeronautical experience for student pilots, and a 15-hour limit on solo flying without a dual check. The exemption is also geographically confined to Australia, where the College conducts its operations. It is important to note that the exemption is subject to disallowance under the Legislative Instruments Act 2003 and will cease to have effect by the end of November 2012.

Key Provisions

The key provisions of this legislation relate to the exemption granted to authorised flying instructors employed by the Singapore Flying College Pte Ltd (the College) from certain requirements of the Civil Aviation Regulations 1988 (CAR 1988). Specifically, the exemption (paragraph 308(1)(b) of CAR 1988) allows these instructors to conduct flying training operations that would otherwise be prohibited under paragraph 5.70(1)(a) of CAR 1988, which generally requires dual flying after every three hours of flight time for student pilots who have not passed a general flying progress flight test. This exemption is granted to enable the College to continue its training operations, which have been conducted safely over more than a decade, in accordance with its specific syllabus, and to train student pilots who will eventually obtain a Singapore commercial pilot’s licence. The Act imposes specific obligations and conditions on the parties involved. The authorised flying instructors employed by the College must adhere to strict conditions to ensure safety, including the restriction that flying training must be conducted only in Cessna 172 and Beechcraft 58 type aircraft. Additionally, student pilots must have a minimum of 20 hours of aeronautical experience and solo flying is limited to 15 hours without a dual check. The exemption applies only to training conducted for the purposes of the authorised flying instructors’ employment by the College and it strictly pertains to students seeking a Singapore commercial pilot’s licence. Failure to comply with the conditions stipulated in the exemption may lead to significant consequences. As a legislative instrument, the exemption is subject to disallowance in the Parliament under the Legislative Instruments Act 2003. Any breach of the conditions could potentially be viewed as a violation of safety regulations, which might result in civil or criminal penalties. While the specific penalties are not detailed in the text, violations of civil aviation regulations generally carry significant fines and other penalties as prescribed under relevant legislation. Given the nature of the exemption and the critical importance of aviation safety, adherence to the conditions is paramount. Non-compliance could not only result in the revocation of the exemption but also in other regulatory actions against the College or the individuals involved. The exemption, having been registered, is effective from the date of registration and will cease to have effect at the end of November 2012, unless extended or renewed under the relevant legislative framework.