EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
EXEMPTION FROM PARAGRAPH 166 (1) (C) OF THE CIVIL AVIATION REGULATIONS 1988
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Regulation 308 of the Civil Aviation Regulations 1988 (the Regulations) provides that CASA may exempt an aircraft, or persons associated with the operation of an aircraft, from compliance with the provisions of the Regulations. Such an exemption is a disallowable instrument for the purposes of the Acts Interpretation Act 1901.
Paragraph 166 (1) (c) of the Regulations requires the pilot in command of an aircraft approaching an aerodrome where an air traffic control unit is not in operation (a non‑controlled aerodrome) to join the pattern of traffic in use by landing aircraft. This prevents the use of straight-in approaches at such aerodromes.
This exemption allows certain aircraft to carry out straight-in approaches at non‑controlled aerodromes.
Straight-in approaches were previously carried out at non-controlled aerodromes under various exemptions. These exemptions applied either to aerodromes in the vicinity of which mandatory broadcasting requirements were in place (a mandatory broadcast zone or MBZ) or aerodromes without mandatory broadcasting requirements but with radio frequencies designated for use by aircraft within their vicinity (CTAF aerodromes). These exemptions have been replaced by two new exemptions including this exemption. The other exemption (Exemption Number CASA 14/1999) applies to the pilots in command of regular public transport aircraft, engaged in an operation, at an MBZ aerodrome or a CTAF aerodrome, for which at least 2 pilots are required and used.
This exemption has been issued to allow a pilot in command of an aircraft operating at an MBZ aerodrome only (not being an aircraft to which the other exemption applies) to carry out straight-in approaches.
The carrying out of a straight-in approach by the pilot in command of an aircraft to which this exemption applies is subject to conditions set out in the exemption. These conditions are the same in effect as those set out in Civil Aviation Orders and applied by reference in the other exemption. They include a requirement to ascertain information about the wind direction and runways in use from one of a number of specified sources. The pilot in command also has to advise other aircraft when the aircraft is established on final approach. He or she must also give way to other aircraft using the reciprocal runway direction that are in the traffic pattern or established on base leg or final approach for any runway at the aerodrome.
This exemption comes into effect on 1 May 1999 immediately after the commencement of the conditions set out in the Civil Aviation Orders. The exemption has been made by the Director of Aviation Safety under subsection 84A (2) of the Act.
[Exemption number: CASA 15/1999]
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework governing civil aviation in Australia, addressing the need for comprehensive safety and operational standards in the industry. This Act empowers the Governor-General to make regulations for the safety of air navigation and related purposes. One such regulation, made under the authority of Section 98 of the Act, is the Civil Aviation Regulations 1988. These regulations include provisions for exemptions from certain regulatory requirements, such as those found in paragraph 166(1)(c), which previously mandated that pilots approaching non-controlled aerodromes must join the existing traffic pattern and thus precluded straight-in approaches. The need to modernise and refine these regulations led to the introduction of exemptions, including Exemption Number CASA 15/1999, to facilitate straight-in approaches at mandatory broadcast zone aerodromes while maintaining safety standards. This exemption, issued by the Director of Aviation Safety under the Act, aims to streamline operations and improve efficiency at certain aerodromes by allowing authorised pilots to perform straight-in approaches under specified conditions.
Scope and Application
The Civil Aviation Regulations 1988, made under the Civil Aviation Act 1988, provide extensive regulation of the safety and operation of aircraft within Australia. Section 98 of the Act empowers the Governor-General to make regulations concerning the safety of air navigation, with the Civil Aviation Safety Authority (CASA) being the body responsible for enforcing these regulations. Regulation 308 allows CASA to exempt specific aircraft or persons associated with aircraft operations from certain regulatory requirements. This regulatory framework extends to all aircraft operating within Australian airspace, irrespective of the operator's location or the nature of the aircraft's operation. Exemptions and regulations are designed to ensure safety and efficiency in air traffic management. This particular exemption, CASA 15/1999, focuses on permitting straight-in approaches by the pilot in command of certain aircraft at non-controlled aerodromes within mandatory broadcast zones, subject to specified conditions aimed at maintaining safety standards. The exemption is applicable solely to aircraft operating within the defined zones and conditions and is effective from 1 May 1999.
Key Provisions
The main operative sections of this exemption are found under section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the purposes of the Act and in relation to the safety of air navigation. Specifically, Regulation 308 of the Civil Aviation Regulations 1988 enables CASA to exempt an aircraft or persons associated with the operation of an aircraft from compliance with the provisions of the Regulations. This exemption, CASA 15/1999, is a disallowable instrument under the Acts Interpretation Act 1901.
The obligations imposed by this exemption include specific conditions that must be adhered to by the pilot in command of an aircraft operating at a mandatory broadcast zone (MBZ) aerodrome. These conditions are similar to those found in Civil Aviation Orders and mandate that the pilot must ascertain information about wind direction and runways in use from specified sources. The pilot must also advise other aircraft when the aircraft is on final approach and give way to other aircraft in the traffic pattern or established on base leg or final approach for any runway at the aerodrome.
Failure to comply with the conditions set out in this exemption can result in civil and criminal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of civil aviation regulations can generally lead to fines and other civil penalties. Additionally, serious breaches could result in criminal charges, potentially leading to imprisonment. The exact penalties would depend on the nature and severity of the breach and would be determined in accordance with the Civil Aviation Act 1988 and other relevant legislation.