Federal Register of Legislation - Australian Government

Primary content

CASA EX103/18 Exemptions as made
This instrument allows, and recognises, the conduct of basic instrument flight training by flight instructors who do not meet the qualification requirements set out in Part 61 of the Civil Aviation Safety Regulations 1998, subject to the flight instructors meeting alternative qualification requirements.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 30 Aug 2018
Tabling HistoryDate
Tabled HR10-Sep-2018
Tabled Senate10-Sep-2018
To be repealed 31 Aug 2021
Repealed by Self Repealing

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA EX103/18 — Basic Instrument Flight Training Exemption 2018

 

Purpose

The purpose of the instrument is to allow the conduct of basic instrument flight training (BIF training) by flight instructors who meet an alternative qualification requirement to that set out in Part 61 of the Civil Aviation Safety Regulations 1998 (CASR), and to recognise that training.

 

Legislation

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor‑General may make regulations for the Act and for the safety of air navigation. Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation of aircraft.

 

On 1 September 2014, new arrangements dealing with flight crew licensing commenced under Part 61 of CASR (Part 61). These arrangements replaced the previous regulatory framework under Part 5 of the Civil Aviation Regulations 1988 (CAR) and the Civil Aviation Orders (the CAOs), including CAO 40.1.7, which related to the flight instructor (aeroplane) rating, and CAO 40.3.7, which related to the flight instructor (helicopter) rating.

 

Regulation 61.035 of CASR empowers CASA to issue a Manual of Standards for Part 61 (the Part 61 MOS) that sets out matters relating to flight crew licences, including standards for flight training.

 

Regulation 61.010 of CASR contains definitions for Part 61. It defines basic instrument flight training to mean flight training in the units of competency for instrument flight mentioned in the Part 61 MOS for the grant of a private pilot licence or commercial pilot licence.

 

Under regulation 61.015 of CASR, each of the following is a category of aircraft: aeroplane; helicopter; powered‑lift aircraft; gyroplane; airship.

 

Under subregulation 61.065 (1) of CASR, the holder of a flight crew licence commits an offence if the holder conducts an activity mentioned in Part 61 while piloting a registered aircraft, and the holder is not authorised under Part 61 to conduct the activity.

 

Subregulation 61.195 (2) of CASR applies to an applicant for a flight crew licence, rating or endorsement, other than a design feature endorsement or a flight activity endorsement. Under paragraph 61.195 (2) (b) of CASR, if there is a requirement in Part 61 for the applicant to have completed flight training for the licence, rating or endorsement, the training must be conducted by an instructor for a Part 141 or 142 operator that is authorised to conduct flight training for the licence, rating or endorsement, or the holder of an approval under regulation 141.035 or 142.040 to conduct the training.

 

Part 141 operators and Part 142 operators are operators who are authorised under Parts 141 and 142, respectively, of CASR to conduct particular kinds of flight training and checking.

 

Subpart 61.T of CASR deals with flight instructor ratings and training endorsements. Under subregulation 61.1175 (1) of CASR, a flight instructor is authorised to conduct flight training mentioned in column 2 of an item in table 61.1235 only if the instructor also holds the endorsement mentioned in column 1 of the item.

 

Items 1, 2, 3 and 3A of table 61.1235 provide for 3 grades of training endorsement for each category of aircraft. Those training endorsements authorise a flight instructor to conduct various types of training, but not BIF training. The grade 1 training endorsement is the most advanced of the 3 grades of training endorsement and allows the holder to supervise holders of grade 2 and grade 3 training endorsements in the conduct of flight training in an aircraft of the relevant category.

 

Under items 8 and 9 of table 61.1235, conduct of BIF training for an aircraft of a specified category requires the flight instructor to hold an instrument rating training endorsement or a night VFR rating training endorsement in the relevant category.

 

Under item 14 of table 61.1235, conduct of flight training for a training endorsement in an aircraft of a specified category requires the flight instructor to hold an instructor rating training endorsement in the relevant category.

 

Exemptions

Subregulation 11.160 (1) of CASR provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic. Under subregulation 11.175 (4), in making its decision whether to renew an exemption on application by a person, CASA must regard as paramount the preservation of a level of aviation safety that is at least acceptable. In renewing an exemption on its own initiative, CASA applies the same test.

 

Under subregulation 11.205 (1) of CASR, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR, an exemption must be published on the Internet. Under subregulation 11.230 (1), the maximum duration of an exemption is 3 years.

 

Background

CASA considers that, provided appropriate training requirements are met and the flight instructor has been assessed as competent by an appropriately qualified person, the flight instructor should be allowed to conduct BIF training without holding an instrument rating training endorsement or a night VFR rating training endorsement. The person assessing whether the flight instructor is competent to conduct BIF training must hold a grade 1 training endorsement for the relevant category of aircraft and themselves be authorised to conduct BIF training.

 

Instrument

The instrument grants 3 exemptions: to a flight instructor who conducts BIF training; to the person who teaches the flight instructor how to conduct BIF training; and to the student who receives the BIF training from the flight instructor.

 

Section 4 of the instrument applies to flight instructors who hold a grade 1, 2 or 3 training endorsement, have successfully completed a training course in the conduct of BIF training and have been assessed as competent to conduct BIF training. The requirements of the training course are set out in Schedule 1 of the instrument. Subsection 4 (2) exempts the flight instructor from subregulation 61.065 (1) of CASR, which is the general requirement that the holder of a flight crew licence must be authorised under Part 61 to conduct an activity. The exemption only applies to the extent that subregulation 61.065 (1) prohibits the flight instructor from conducting BIF training in the specified category of aircraft for which the person holds the grade 1, 2 or 3 training endorsement. Therefore, under this exemption, a flight instructor who meets the alternative qualification requirements may conduct BIF training in the relevant category of aircraft without holding an instrument rating training endorsement or a night VFR rating training endorsement.

 

Section 5 applies to a flight instructor who conducts a training course in the conduct of BIF training that meets the requirements of Schedule 1. It exempts that flight instructor from subregulation 61.065 (1) of CASR, but only to the extent that subregulation 61.065 (1) prohibits the flight instructor from conducting the training course in the specified category of aircraft. Therefore, under this exemption, flight instructors are not prohibited from conducting the training course if they meet the requirements of Schedule 1, including holding a grade 1 training endorsement for the relevant category of aircraft.

 

Section 6 applies to applicants for a flight crew licence, rating or endorsement who receive BIF training from a flight instructor who fulfils the requirements for the exemption in section 4. Section 6 exempts applicants from the requirement in paragraph 61.195 (2) (b) of CASR in relation to the BIF training. Therefore, under the exemption, the training does not need to have been conducted by an instructor or approval holder that is authorised under CASR to conduct the training.

 

Schedule 1 of the instrument sets out the requirements for the training course that the flight instructor must complete. The course will train the flight instructor in the conduct of BIF training.

 

Under clause 1 of Schedule 1, the course must be conducted by an instructor for a Part 141 operator or a Part 142 operator that can conduct training for the grant of a private pilot licence or a commercial pilot licence.

 

Clause 2 of Schedule 1 requires the training to be conducted as if it were flight training under the relevant Part of CASR, being either Part 141 or Part 142. This condition, therefore, requires the Part 141 operator or Part 142 operator to comply with requirements in the relevant Part, including record-keeping requirements and requirements about training in human factors and non-technical skills.

 

Under clause 3 of Schedule 1, the flight instructor who is conducting the course must hold a grade 1 training endorsement and be authorised by the head of operations of the relevant Part 141 operator or Part 142 operator. The flight instructor must also hold an instrument rating training endorsement or a night VFR rating training endorsement, or have held, immediately before 1 September 2014, a suitable similar authorisation under Part 5 of CAR or the CAOs. A person who held 1 of those qualifications was authorised to conduct BIF training.

 

The minimum length and content of the course are described in clauses 4 and 5 of Schedule 1. Clause 5 refers to the relevant units of competency in the Part 61 MOS.

 

Renewal of CASA EX143/16 and expected amendments to CASR

The exemption is expressed to commence on 1 September 2018, which is immediately after the repeal of the previous exemption on this topic, CASA EX143/16.

 

The exemption is expressed to operate until it is repealed at the end of 31 August 2021. However, the exemption is an interim measure, pending substantive amendments to Part 61 which will remove the need for the exemption. These amendments will be part of a larger set of amendments to Part 61 for which CASA has provided drafting instructions to the Office of Parliamentary Counsel (OPC). It is expected that, subject to the capacity of OPC to produce them in the context of competing priorities arising from government drafting demands, the amendments will be made and in force within the next 12 months to 2 years.

 

Legislation Act 2003 (the LA)

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. This instrument applies to classes of persons, being flight instructors with specified qualifications and applicants for flight crew licences, ratings and endorsements. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under the LA.

 

Consultation

The Part 61 Solutions Taskforce Advisory Panel (IAP) and Flight Crew Licensing Subcommittee of the Standards Consultative Committee (SCC) were established as consultation forums on regulatory and standards matters. The members of the IAP and the SCC include officers of CASA and representatives of the aviation community. The proposal reflected in CASA EX143/16 and this instrument was raised with the IAP and the SCC on 25 May 2016. 4 responses were received from the SCC forum and 1 response was received from the IAP forum. The responses were supportive of the proposal.

 

The Flight Training Panel is a discussion and consultation meeting on flight training and flight testing matters that includes officers of CASA and representatives of the aviation industry. CASA has consulted with the panel on this subject. The panel also supported the proposal.

 

This instrument continues the arrangement under CASA EX143/16. CASA has not received any feedback from industry that the exemption and the conditions on the exemption are not appropriate. In these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LA.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for an exemption (OBPR id: 14507).

 

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR.

 

The instrument commences on 1 September 2018 and ceases when it is repealed at the end of 31 August 2021.

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

CASA EX103/18 — Basic Instrument Flight Training Exemption 2018

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

This legislative instrument allows the conduct of basic instrument flight training by flight instructors who do not meet the qualification requirements set out in Part 61 of the Civil Aviation Safety Regulations 1998. The flight instructors are required to meet alternative qualification requirements before conducting basic instrument flight training.

 

The legislative instrument also recognises the basic instrument flight training conducted by the relevant flight instructors for the purposes of a student’s application to CASA for a flight crew licence, rating or endorsement.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority