Federal Register of Legislation - Australian Government

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CASA EX107/19 Exemptions as made
This instrument exempts a student pilot, in limited circumstances, from the requirement (the relevant requirement) under paragraph 61.115(1)(b) of the Civil Aviation Safety Regulations 1998 (CASR), in relation to the pilot’s conduct of a solo flight in an aircraft, that, as a result of the flight, the pilot’s solo flight time since the pilot last successfully completed a dual flight check must not exceed 3 hours. Also, the instrument exempts a student pilot who holds a recreational pilot licence, in limited circumstances, from compliance with regulation 61.065 of CASR, in relation to the pilot’s conduct of a solo flight in an aircraft, despite not complying with the relevant requirement. Also, the instrument exempts a flight instructor, in limited circumstances, from compliance with subregulation 61.1225(1) of CASR to the extent the instructor approves a student pilot to pilot an aircraft, in relation to a solo flight, despite the pilot not complying with the relevant requirement. Also, the instrument exempts a Part 141 operator, in limited circumstances, from compliance with regulation 141.290 of CASR to the extent a student pilot flies an aircraft used in the Part 141 operator’s authorised Part 141 flight training, in relation to a solo flight, despite the pilot not complying with the relevant requirement.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 10 Oct 2019
Tabling HistoryDate
Tabled HR14-Oct-2019
Tabled Senate14-Oct-2019
To be repealed 30 Sep 2022
Repealed by Self Repealing

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA EX107/19 — Solo Flight Time Exceeding 3 Hours Between Dual Flight Checks (Student Pilots) Exemption 2019

 

Purpose

CASA EX107/19 — Solo Flight Time Exceeding 3 Hours Between Dual Flight Checks (Student Pilots) Exemption 2019 (the instrument) exempts a student pilot, in limited circumstances, from the requirement (the relevant requirement) under paragraph 61.115 (1) (b) of the Civil Aviation Safety Regulations 1998 (CASR), in relation to the pilot’s conduct of a solo flight in an aircraft, that, as a result of the flight, the pilot’s solo flight time since the pilot last successfully completed a dual flight check must not exceed 3 hours. Also, the instrument exempts a student pilot who holds a recreational pilot licence, in limited circumstances, from compliance with regulation 61.065 of CASR, in relation to the pilot’s conduct of a solo flight in an aircraft, despite not complying with the relevant requirement.

 

Also, the instrument exempts a flight instructor, in limited circumstances, from compliance with subregulation 61.1225 (1) of CASR to the extent the instructor approves a student pilot to pilot an aircraft, in relation to a solo flight, despite the pilot not complying with the relevant requirement.

 

Also, the instrument exempts a Part 141 operator, in limited circumstances, from compliance with regulation 141.290 of CASR to the extent a student pilot flies an aircraft used in the Part 141 operator’s authorised Part 141 flight training, in relation to a solo flight, despite the pilot not complying with the relevant requirement.

 

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. Relevantly, the Governor-General has made CASR.

 

Subregulation 11.160 (1) of CASR states, for subsection 98 (5A) of the Act, the Civil Aviation Safety Authority (CASA) may grant an exemption from compliance with a provision of CASR, in relation to a matter mentioned in that subsection.

 

Under subregulation 11.160 (2), an exemption may be granted to a person or a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.160 (3), an exemption may be granted on application by a person or on CASA’s own initiative.

 

Under subregulation 11.170 (3) of CASR, in deciding whether to grant an exemption, on application by a person, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety. CASA has regard to the same test when deciding whether to grant an exemption on its own initiative.

 

Regulation 11.205 of CASR states CASA may impose, on an exemption, any condition necessary in the interests of the safety of air navigation. Under regulation 11.210 of CASR, it is a strict liability offence for a person not to comply with an obligation imposed on the person by a condition of an exemption.

 

Regulation 11.225 of CASR requires an exemption to be published on the Internet. Under subregulation 11.230 (1) of CASR, the maximum duration of an exemption is 3 years.

 

Under the definition flight crew licence in Part 1 of the CASR Dictionary, a pilot licence is a type of flight crew licence. Under the definition pilot licence in Part 1 of the CASR Dictionary, a recreational pilot licence is a type of pilot licence.

 

Under Part 1 of the CASR Dictionary:

integrated training means an intensive course of training:

(a)   that is designed to ensure that a course participant receives ground theory training integrated with practical flight training; and

(b)   for which:

             (i)  the ground theory training and practical flight training are conducted by the same operator; or

            (ii)  the operator that conducts the practical flight training engages another person or organisation to conduct the ground theory training on behalf of the operator; and

(c)   that is conducted according to a syllabus that satisfies the knowledge and flight standards specified in the Part 61 Manual of Standards for the grant of a private or commercial pilot licence; and

(d)   that is designed to be completed within a condensed period of time.

 

As far as is relevant, the term student pilot is defined in Part 1 of the CASR Dictionary to mean a person who is authorised to pilot an aircraft under regulation 61.112 of CASR.

 

Under subsection 20AB (1) of the Act, a person must not perform any duty that is essential to the operation of an Australian aircraft during flight time unless:

(a)   the person holds a civil aviation authorisation that is in force and authorises the person to perform that duty; or

(b)   the person is authorised by or under the regulations to perform that duty without the civil aviation authorisation concerned.

 

As far as is relevant, under subregulation 61.065 (1) of CASR, the holder of a flight crew licence commits an offence if:

(a)   the holder conducts an activity mentioned in Part 61 of CASR (Part 61) while piloting a registered aircraft; and

(b)   the holder is not authorised, under Part 61, to conduct the activity.

As far as is relevant, an offence against regulation 61.065 of CASR is a strict liability offence.

 

Regulation 61.115 states:

61.115  Solo flights—recent experience requirements for student pilots

             (1)  A student pilot is authorised to conduct a solo flight in an aircraft only if:

                     (a)  the student pilot has, within the previous 14 days and in the same type of aircraft, successfully completed a dual flight check; and

                     (b)  as a result of the flight, his or her solo flight time since he or she last successfully completed a dual flight check would not exceed 3 hours.

             (2)  However, paragraph (1)(b) does not apply to the student pilot if the student pilot is enrolled in an integrated training course.

 

Under subregulation 61.375 (2) of CASR, the holder of a pilot licence is authorised to exercise the privileges of the licence in an aircraft of a particular category only if the holder also holds, as the associated aircraft category rating for the licence, the aircraft rating for that category of aircraft.

 

As far as is relevant, under subregulation 61.1225 (1), a flight instructor commits an offence if:

(a)   the instructor approves a person to pilot an aircraft as a student pilot; and

(b)   the approval is to pilot the aircraft in a way that is not authorised by regulation 61.115.

An offence against that subregulation is a strict liability offence.

 

Under subregulation 141.290 (1), a Part 141 operator commits an offence if:

(a)   a person flies an aircraft used in the Part 141 operator’s authorised Part 141 flight training as pilot in command; and

(b)   the person is not authorised, under Part 61, to fly the aircraft as pilot in command.

An offence against regulation 141.290 is a strict liability offence.

 

Under regulation 61.010 of CASR:

·         dual flight check means an in‑flight assessment by a flight instructor of the competency of a student pilot to conduct a solo training flight.

 

·         flight instructor means the holder of a flight instructor rating.

 

·         pilot, used as a verb, means:

(a)   to manipulate the flight controls of an aircraft during flight; or

(b)   to occupy a flight control seat in an aircraft during flight.

 

·         solo, in relation to a flight of an aircraft, means a flight in which the pilot is the sole occupant of the aircraft.

 

Under regulation 61.015 of CASR, each of the following is a category of aircraft:

(a)   aeroplane;

(b)   helicopter;

(c)   powered‑lift aircraft;

(d)   gyroplane;

(e)   airship.

 

As far as is relevant, under regulation 61.080 of CASR, a person’s solo flight time as a pilot is the total duration of the solo flights by the person in an aircraft of a type mentioned in regulation 61.070 of CASR.

 

Under subregulation 141.015 (3) of CASR, a Part 141 operator is the holder of a Part 141 certificate, which is a certificate issued under regulation 141.060 of CASR.

 

Background

Under the flight crew licensing requirements that were previously in the Civil Aviation Regulations 1988, a student pilot was required to pass a general flying progress test (the GFPT) before commencing navigation training. The GFPT was usually conducted, through a flying school, by its Chief Flying Instructor.

 

A navigation training flight in an aircraft typically includes a leg of at least 100 nautical miles from the point of departure, during which a full-stop landing of the aircraft is made at 2 aerodromes, other than the one from which the flight commenced. The exercise can often require more than 3 hours of flight time to be undertaken.

 

After passing the GFPT, the solo flight time limitation between dual flight checks, applying to a student pilot, increased from 3 hours to 15 hours. Subject to this limitation, a student pilot could be authorised by the flying school to conduct a solo navigation training flight in an aircraft with a flight time in excess of 3 hours. This facilitated a student pilot with GFPT privileges to conduct a solo navigation training flight in an aircraft, as required by the relevant private pilot licence syllabus or commercial pilot licence syllabus.

 

On the commencement of Part 61, the possibility of increasing the solo flight time limitation between dual flight checks, applying to a student pilot, from 3 hours to 15 hours was removed. Accordingly, the relevant requirement has had to be complied with by a student pilot from the commencement of Part 61.

 

Following CASA’s post-implementation review of Part 61, and its receipt of industry feedback, CASA has recognised that compliance with the relevant requirement has resulted in additional costs being incurred by a student pilot who is undergoing training for the grant of a commercial pilot licence under Part 61. This is because the pilot has had to apply for, and be granted, a private pilot licence under Part 61, in order for the relevant requirement not to apply to the pilot. This has resulted in the pilot incurring the significant costs of taking a flight test for a private pilot licence.

 

Also, CASA has recognised that compliance with the relevant requirement means more solo flights in an aircraft need to be conducted by a student pilot to meet the relevant Part 141 operator’s solo flight training requirements. This results in more costs being incurred by the Part 141 operator and pilot to achieve the same outcome. Also, this limits the flexibility of the Part 141 operator in its conduct of the training of the pilot.

 

Under Part 141 of CASR, a Part 141 operator, and the instructors for the Part 141 operator, are ultimately responsible for managing the competency of a student pilot, undergoing authorised Part 141 flight training conducted by the Part 141 operator, in relation to the pilot’s conduct of a solo flight in an aircraft. Accordingly, CASA is satisfied the granting to a student pilot of an exemption from compliance with the relevant requirement, in the circumstances stated in the instrument, does not compromise the safety of a solo flight in an aircraft conducted by the pilot.

 

Content of instrument

Section 1 states the name of the instrument.

 

Section 2 states the duration of the instrument.

 

Section 3 contains definitions of some terms used in the instrument.

 

Section 4 states the instrument applies if:

(a)   a student pilot is undergoing training, other than integrated training, conducted by a Part 141 operator, for the grant under Part 61 of a private pilot licence or commercial pilot licence; and

(b)   either:

             (i)  the pilot holds a recreational pilot licence with an aircraft category rating for a category (the relevant category) of aircraft; or

            (ii)  otherwise — the Part 141 operator has certified, in writing, that it is satisfied the pilot:

(A)   is competent to safely conduct a solo flight in an aircraft of a particular category (also the relevant category); and

(B)   has met the competency standards for the grant, under Part 61, of a recreational pilot licence with the aircraft category rating for the relevant category of aircraft.

 

Subsection 5 (1) grants the student pilot an exemption from compliance with paragraph 61.115 (1) (b) in relation to the pilot’s conduct of a solo flight in an aircraft of the relevant category.

 

Subsection 5 (2) applies if the student pilot holds a recreational pilot licence. It grants the pilot an exemption from compliance with regulation 61.065 of CASR to the extent the pilot pilots an aircraft of the relevant category, in relation to a solo flight, in breach of paragraph 61.115 (1) (b), but for the exemption stated in subsection 5 (1).

 

Section 6 grants a flight instructor an exemption from compliance with subregulation 61.1225 (1) to the extent the instructor approves the student pilot to pilot an aircraft of the relevant category, in relation to a solo flight, in breach of paragraph 61.115 (1) (b) of CASR, but for the exemption stated in subsection 5 (1).

 

Section 7 grants the Part 141 operator an exemption from compliance with regulation 141.290 to the extent the student pilot flies an aircraft of the relevant category used in the Part 141 operator’s authorised Part 141 flight training, in relation to a solo flight, in breach of paragraph 61.115 (1) (b), but for the exemption stated in subsection 5 (1).

 

In granting the exemptions, CASA has regarded as paramount the preservation of at least an acceptable level of aviation safety. Given the limited circumstances in which the instrument is to apply (as stated in section 4), CASA does not believe aviation safety is compromised by the grant of the exemptions.

 

Legislation Act 2003 (the LA)

Paragraph 98 (5A) (a) of the Act states CASA may issue instruments in relation to matters affecting the safe navigation and operation of aircraft. Also, paragraph 98 (5AA) (a) states an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons. The instrument applies to the following classes of persons:

(a)   a student pilot;

(b)   a flight instructor;

(c)   a Part 141 operator.

 

The instrument is, therefore, a legislative instrument, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

 

Consultation

Following CASA’s post-implementation review of Part 61, and given industry feedback, CASA has recognised that the exemptions are appropriate, and beneficial to student pilots, flight instructors and Part 141 operators, without compromising aviation safety. Accordingly, CASA is satisfied no consultation is appropriate, or reasonably practicable, for the instrument for section 17 of the LA.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required in this case, as the exemptions are covered by a standing agreement between CASA and OBPR, under which a RIS is not required for exemptions (OBPR id: 14507).

 

Statement of Compatibility with Human Rights

The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.

 

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 the day after it is registered and is repealed at the end of 30 September 2022.

Attachment 1

Statement of Compatibility with Human Rights

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

 

CASA EX107/19 — Solo Flight Time Exceeding 3 Hours Between Dual Flight Checks (Student Pilots) Exemption 2019

 

The 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

The legislative instrument exempts a student pilot, in limited circumstances, from the requirement (the relevant requirement) under paragraph 61.115 (1) (b) of the Civil Aviation Safety Regulations 1998 (CASR), in relation to the pilot’s conduct of a solo flight in an aircraft, that, as a result of the flight, the pilot’s solo flight time since the pilot last successfully completed a dual flight check must not exceed 3 hours. Also, the instrument exempts a student pilot who holds a recreational pilot licence, in limited circumstances, from compliance with regulation 61.065 of CASR, in relation to the pilot’s conduct of a solo flight in an aircraft, despite not complying with the relevant requirement.

 

Also, the instrument exempts a flight instructor, in limited circumstances, from compliance with subregulation 61.1225 (1) of CASR to the extent the instructor approves a student pilot to pilot an aircraft, in relation to a solo flight, despite the pilot not complying with the relevant requirement.

 

Also, the instrument exempts a Part 141 operator, in limited circumstances, from compliance with regulation 141.290 of CASR to the extent a student pilot flies an aircraft used in the Part 141 operator’s authorised Part 141 flight training, in relation to a solo flight, despite the pilot not complying with the relevant requirement.

 

Human rights implications

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

 

Conclusion

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

 

 

 

Civil Aviation Safety Authority