CASA 174/10 – Directions – for determining maximum weight

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2010L01360 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Directions for determining maximum weight

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.

 

An aircraft’s certificate of airworthiness (CofA) or flight manual sets out its maximum takeoff weight (MTOW) or maximum landing weight (MLW). Under subregulation 235 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions for estimating the gross weight of an aircraft, including passengers, cargo and fuel. For the safety of air navigation, CASA may give directions setting out the manner of determining, for an aircraft flight, the maximum weight, less than the MTOW or MLW, that the gross weight is not to exceed. Under subregulations 235 (4) and (6), it is an offence for the pilot in command to allow an aircraft to take off or land if its gross weight exceeds its MTOW or MLW.

 

For specified aeroplanes above 5 700 kg, CASA has given detailed directions in Civil Aviation Order 20.7.1B (CAO 20.7.1B). For certain aircraft not above 5 700 kg, CASA has given directions in Civil Aviation Order 20.7.4 (CAO 20.7.4).

 

The operator

Fugro Airborne Surveys Pty Ltd (the operator) operates SC-7 Skyvan VH-WGT and CASA 212 VH-TEM (the aircraft). When equipped for aerial survey work, each aircraft is above 5 700 kg. In that configuration, each aircraft was unable to comply with the weight limitations determined under CAO 20.7.1B.

 

Application of CAO 20.7.1B and CAO 20.7.4

Amendments to CAO 20.7.1B, in effect on and from 11 June 2005, removed the aircraft from the scope of CAO 20.7.1B which no longer applied to an aircraft with a CofA in the special or restricted category. Since the aircraft are both above 5 700 kg neither does CAO 20.7.4 apply. However, CASA considers that it is necessary, in the interests of safety, to regulate the aircraft’s operations and has issued the operator with this instrument for the 2 aircraft.

 

CASA considers that it is safe for each aircraft to operate in compliance with CAO 20.7.4 in certain circumstances, but not, generally, in other adverse circumstances. The adverse circumstances are at night and below 1 000 feet in certain situations.

 

The instrument, therefore, directs that if a flight, landing or take-off (an operation) includes, or is likely to include, an adverse circumstance, the operation must, in effect, comply with CAO 20.7.1B. If an operation does not include, or is not likely to include, an adverse circumstance, the operation must, in effect, comply with CAO 20.7.4.

 

Specifically, there are 3 adverse circumstances: flight outside daylight; a take-off whose flight path involves flight below 1 000 feet AGL for more than 3 km over a city, town, populous or industrial area, or industrial plant (a restricted area); and a landing (except an emergency one) whose flight path involves flight below 1 000 feet AGL for more than 3 km over a restricted area.

 

There may be some circumstances where CASA considers that safety is not compromised by low level flight for greater than 3 km over a restricted area. In such a case, CASA may approve the operation.

 

The instrument applies only when the aircraft are operated by the operator.

 

Legislative Instruments Act

Under subsection 5 (1) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is of a legislative character and made in the exercise of a power delegated by the Parliament. The directions are made under a delegated power and are regarded as legislative in nature. The instrument is, therefore, a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

Consultation under section 17 of the LIA has not been considered necessary in this case because of the specific and technical nature of the instrument, requested by a particular operator. It also revokes a previous instrument CASA 492/09 which was issued for the same purpose.

 

The instrument commences on the day after it is registered. It stops having effect at the end of 31 May 2011.

 

The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.

 

[Instrument number CASA 174/10]

Overview

The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. This legislation allows the Civil Aviation Safety Authority (CASA) to make regulations for the safety of air navigation, including setting maximum weights for aircraft. CASA has the authority to issue directions for estimating the gross weight of an aircraft to ensure compliance with these safety standards. In this context, CASA has developed Civil Aviation Orders (CAOs) to guide operators, such as Fugro Airborne Surveys Pty Ltd, in determining the maximum allowable weights for their aircraft, particularly for those above 5,700 kg. The specific problem addressed by this legislation and subsequent orders is the need to regulate the operations of certain heavy aircraft to prevent them from exceeding their maximum take-off or landing weights, which could compromise flight safety. CASA has determined that while certain operations can comply with less stringent standards, others, particularly those involving low-level flight at night or over populated areas, must adhere to stricter regulations. This ensures that safety remains the paramount concern in all flight operations.

Scope and Application

The Civil Aviation Regulations 1988, specifically through the instrument F2010L01360, applies to the operation of two particular aircraft, SC-7 Skyvan VH-WGT and CASA 212 VH-TEM, when operated by Fugro Airborne Surveys Pty Ltd. This regulation is concerned with ensuring that these aircraft comply with safety requirements regarding their maximum allowable weights during flight operations, particularly when operating in certain adverse circumstances. The Act is pertinent to the aviation industry, focusing on aircraft operators who must adhere to weight limitations to ensure safe air navigation. The instrument extends to the Commonwealth jurisdiction, as it is issued under the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, which are federal laws. The regulations are tailored to the specific aircraft in question and do not broadly apply to all aircraft or operators, except under the defined conditions. Exemptions and thresholds are noted in the instrument, particularly concerning operations at night or below 1,000 feet in restricted areas, where stricter compliance with CAO 20.7.1B is mandated. The instrument is subject to the Legislative Instruments Act 2003, which governs the making of legislative instruments such as this one, and it has been specifically crafted to address the unique operational challenges faced by the operator in question.

Key Provisions

The Civil Aviation Regulations 1988, as amended, include specific provisions concerning the maximum weight of aircraft during operations. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to create regulations that govern the Act and ensure the safety of air navigation. The Civil Aviation Regulations 1988 (CAR 1988) provide that the Civil Aviation Safety Authority (CASA) may issue directions for estimating the gross weight of an aircraft, including passengers, cargo, and fuel (subregulation 235(1)). CASA can also set the maximum weight, less than the maximum take-off weight (MTOW) or maximum landing weight (MLW), that an aircraft's gross weight should not exceed to ensure the safety of air navigation. It is an offence for the pilot in command to allow an aircraft to take off or land if its gross weight exceeds its MTOW or MLW (subregulations 235(4) and (6)). The obligations imposed by the Civil Aviation Regulations 1988 on the parties governed by it include ensuring that the gross weight of an aircraft does not exceed the specified maximum weight during take-off and landing. Operators must adhere to the directions issued by CASA regarding the estimation of the gross weight of the aircraft. In particular, operators of aircraft that fall under the scope of Civil Aviation Order 20.7.1B (CAO 20.7.1B) and Civil Aviation Order 20.7.4 (CAO 20.7.4) must comply with the weight limitations specified in these orders. Operators must also ensure that their aircraft are configured in a manner that allows them to comply with the weight limitations set out in the relevant orders. Failure to comply with the provisions of the Civil Aviation Regulations 1988 may result in criminal or civil consequences. Under subregulations 235(4) and (6), it is an offence for the pilot in command to allow an aircraft to take off or land if its gross weight exceeds its MTOW or MLW. The maximum penalty for this offence is a fine of up to 500 penalty units or imprisonment for up to 2 years, or both. Additionally, operators who fail to comply with the weight limitations specified in CAO 20.7.1B or CAO 20.7.4 may face penalties under the Civil Aviation Act 1988, including fines of up to $200,000 for individuals and $1,000,000 for corporations. CASA may also take enforcement action against operators who fail to comply with the provisions of the Civil Aviation Regulations 1988, including suspending or cancelling their operating certificate.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.