CASA 24/13 - Permission - flying over a public gathering at the Australian International Air Show, Avalon - Permission - flying below minimum height at the Australian International Air Show, Avalon

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide a regulatory framework for the safe and efficient conduct of civil aviation in Australia. This regulation was introduced to address the need for specific permissions for activities that may pose safety risks, such as flying over public gatherings or below certain altitudes. The Civil Aviation (Safety and Permissions) Regulations 2013 (F2013L00211) were enacted by the Governor-General under the authority of Section 98 of the Civil Aviation Act 1988, with the objective of granting necessary permissions for the Australian International Air Show 2013 held at Avalon, Victoria. This legislative instrument addresses the gap in regulations by allowing aircraft to fly over public gatherings and below the minimum height during the air show, subject to specific conditions set by the Civil Aviation Safety Authority (CASA) to ensure safety. The regulation also varies the distances between aircraft and spectators based on best practices from other countries, aiming to balance risk and crowd safety. This legislative instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 govern the operation of aircraft in Australia, including the authorisation of specific activities that deviate from standard regulations. For the Australian International Air Show 2013 held at Avalon, Victoria, the Civil Aviation Safety Authority (CASA) issued a legislative instrument granting specific permissions for aircraft to fly over public gatherings and below the minimum height over populated areas, conditions that are otherwise prohibited under subregulations 156(1) and 157(1) of CAR 1988. This permission, made under section 98 of the Act and subject to tabling and disallowance in Parliament as a disallowable instrument under the Legislative Instruments Act 2003, is applicable solely to the Air Show's operational period from 21 February 2013 to 5 March 2013. The permissions are subject to CASA-imposed conditions aimed at ensuring safety and are based on best practices from the United Kingdom and the United States. The instrument ensures that the distances between aircraft and spectators are varied to appropriately match the risk level to crowd separation, enhancing safety during the event.

Key Provisions

The primary operative sections of the legislation pertain to the permissions granted for aircraft to fly over public gatherings and below the minimum height at the Australian International Air Show, Avalon. Under subregulation 156(1) of the Civil Aviation Regulations 1988 (CAR 1988), an aircraft must not fly over a public gathering without the permission of the Civil Aviation Safety Authority (CASA). This permission can be given subject to conditions. Similarly, subregulation 157(1) of CAR 1988 mandates that a pilot must not fly an aircraft over a city, town or populous area at a height lower than 1,000 feet, although CASA may grant permission for such an action under paragraph 157(4)(b). The distances to be maintained between aircraft and spectators at air shows are detailed in paragraph 4.2(2) of Civil Aviation Order 29.4 (CAO 29.4). The legislation also allows for variations to these distances for the Australian International Air Show, reflecting best practices from the United Kingdom and the United States of America to better match the risks with crowd separation. The Act imposes obligations and requirements on pilots and the organiser of the air show. Pilots must adhere to the conditions imposed by CASA for the permission granted to fly over public gatherings and at heights lower than 1,000 feet. These conditions are designed to ensure the safety of air navigation and the public. The organiser of the air show is responsible for requesting the necessary permissions from CASA and ensuring that all aircraft participating in the event comply with the conditions set forth. CASA, in turn, is obligated to assess the requests for permission and impose conditions that protect the safety of the public and air navigation. There are potential civil and criminal consequences for breach of the conditions set forth in the permissions. While the specific penalties are not detailed in the explanatory statement, breaches of aviation regulations can generally result in severe penalties, including fines and imprisonment. The severity of the penalty depends on the nature and extent of the breach, and the potential for harm caused. Under the Civil Aviation Act 1988, CASA has the authority to impose fines and other penalties for breaches of regulations, and in cases of serious breaches, criminal charges may be laid. It is essential for all parties involved to strictly adhere to the conditions to avoid such consequences.