EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
PERMISSION TO FLY OVER A PUBLIC GATHERING
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Regulation 156 of the Civil Aviation Regulations 1988 (the Regulations) provides that an aircraft shall not be flown over any regatta, race meeting or public gathering except with the permission, in writing, of CASA and in accordance with the conditions specified in the permit.
Subparagraph 4.2 (2) of section 29.4 of the Civil Aviation Orders (the Orders) provides that an aircraft in flight below 1500 feet above ground level shall not track or manoeuvre towards spectators within a horizontal distance of 500 metres or pass within 200 metres horizontal distance from spectators.
Regulation 5A of the Regulations provides that if CASA has issued a Civil Aviation Order that is not an Airworthiness Directive and later issues a prescribed direction or exemption that has the effect of repealing, amending, or otherwise affecting the operation of, anything in the Order, the prescribed direction or exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
The Royal Australian Air Force (RAAF) Museum has a number of ex-military and replica aircraft that are displayed from time to time at airshows. The RAAF Museum evolved the concept of an interactive flying display where a pilot briefs visitors about particular aircraft which the visitors then view in flying exhibitions. The RAAF Museum Interactive Flying Program (the Program) is to be held at Point Cook, Victoria.
For the purposes of the flying exhibitions to be conducted, permission is required from CASA to permit aircraft to be flown over a public gathering. The permission is subject to conditions which set out horizontal distances from spectators that are different to the distances set out in subparagraph 4.2 (2) of section 29.4 of the Orders. The horizontal distance from spectators is decreased for low speed aircraft but is increased for high speed or larger aircraft. These horizontal distances are more consistent with the risk that the aircraft pose to air safety, and reflect best practices from the United Kingdom and United States of America.
The permission has been signed by a delegate of CASA.
The permission starts to have effect on 1 July 2003 and stops having effect at the end of June 2006.
[Instrument Number: CASA 242/03]
Overview
The Civil Aviation Act 1988 was enacted to address the need for comprehensive regulation of civil aviation in Australia, ensuring safety, efficiency, and order within the industry. This Act empowers the Governor-General to make regulations governing various aspects of civil aviation, including the operation of aircraft over public gatherings. The Civil Aviation Regulations 1988, made under this Act, further elaborate on these provisions by setting specific conditions, such as requiring written permission from the Civil Aviation Safety Authority (CASA) for aircraft to fly over public events. The Civil Aviation Orders, particularly subparagraph 4.2(2) of section 29.4, establish horizontal distance requirements for aircraft flying below 1500 feet above ground level to prevent them from dangerously approaching spectators. The Royal Australian Air Force (RAAF) Museum has proposed an interactive flying display program at Point Cook, Victoria, necessitating special permission from CASA due to the unique nature of the event involving both ex-military and replica aircraft. This permission, effective from 1 July 2003 until the end of June 2006, includes conditions that adjust the horizontal distances from spectators based on the type of aircraft, aiming to better align with international safety practices and the specific risks posed by these aircraft.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Regulations 1988 and Civil Aviation Orders, governs the operation and regulation of civil aviation in Australia. Specifically, Regulation 156 of the Civil Aviation Regulations 1988 mandates that an aircraft cannot be flown over any regatta, race meeting, or public gathering without the written permission of the Civil Aviation Safety Authority (CASA) and adherence to the specified conditions of the permit. Subparagraph 4.2(2) of section 29.4 of the Civil Aviation Orders stipulates that an aircraft flying below 1500 feet above ground level must not track or manoeuvre towards spectators within a horizontal distance of 500 metres or pass within 200 metres horizontally from spectators. The Royal Australian Air Force (RAAF) Museum, which hosts interactive flying displays with ex-military and replica aircraft at airshows, requires CASA’s permission for such activities, subject to conditions that adjust the horizontal distances based on the risk posed by different aircraft types. This permission, which is more aligned with international best practices, was granted for the RAAF Museum Interactive Flying Program to be held at Point Cook, Victoria, from 1 July 2003 until the end of June 2006.
Key Provisions
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations concerning civil aviation, which include provisions for flying over public gatherings. Regulation 156 of the Civil Aviation Regulations 1988 specifies that aircraft cannot be flown over regattas, race meetings, or public gatherings without written permission from the Civil Aviation Safety Authority (CASA) and compliance with the conditions outlined in the permit. This regulation ensures that any such flights are conducted under controlled and safe conditions, taking into account the potential risks to public safety and air traffic management. Furthermore, Subparagraph 4.2 (2) of section 29.4 in the Civil Aviation Orders mandates that aircraft flying below 1500 feet above ground level must not approach spectators within 500 metres horizontally or pass within 200 metres horizontally from spectators. This rule is designed to minimise the risk of accidents or incidents involving aircraft and spectators.
The obligations imposed by these provisions require any entity or individual planning to fly an aircraft over a public gathering to obtain written permission from CASA. This permission is subject to specific conditions, which may include varying horizontal distances from spectators depending on the type of aircraft, such as lower distances for slower aircraft and greater distances for high-speed or larger aircraft. This differentiation aims to balance the safety risks posed by different aircraft types with the public's interest in interactive flying displays. The Royal Australian Air Force (RAAF) Museum, for example, must comply with these conditions as part of its interactive flying program. Additionally, Regulation 5A of the Civil Aviation Regulations 1988 stipulates that if CASA issues a Civil Aviation Order and subsequently a prescribed direction or exemption that repeals, amends, or otherwise affects the Order, the prescribed direction or exemption is considered a disallowable instrument under the Acts Interpretation Act 1901.
Failure to comply with the conditions set out in the permission granted by CASA or the regulations can lead to legal consequences. The Civil Aviation Act 1988 and the Civil Aviation Regulations 1988 impose offences and penalties for breaches. While the specific penalties are not detailed in the explanatory statement, breaches of aviation regulations generally can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment, depending on the severity of the breach and the specific provisions of the Act and Regulations. The regulatory framework is designed to ensure that all flights over public gatherings are conducted safely, protecting both the public and the integrity of the aviation system.