CASA 47/14 - Permission - flying over a public gathering at the 2014 Tyabb Air Show, Tyabb, Victoria - Permission - flying below minimum height at the 2014 Tyabb Air Show, Tyabb, Victoria

Overview

The Civil Aviation Regulations 1988 were enacted to regulate civil aviation in Australia and ensure the safety and efficiency of air navigation. The regulations were introduced to address the need for comprehensive rules governing the operation of aircraft in Australian airspace. This particular legislative instrument, issued by the Civil Aviation Safety Authority (CASA) under section 98 of the Civil Aviation Act 1988, provides specific permissions for aircraft to fly over public gatherings and at heights below the usual minimum at the 2014 Tyabb Air Show in Victoria. The primary objective of this instrument is to facilitate the safe conduct of the air show while allowing for the reduced distances between aircraft and spectators necessary for the event. This permission is subject to conditions that ensure the safety of air navigation, and the instrument is compatible with human rights as it does not engage any applicable rights or freedoms.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) govern various aspects of civil aviation in Australia, and the instrument F2014L00235 pertains specifically to permissions granted for the 2014 Tyabb Air Show in Victoria. This legislative instrument applies to the pilots of aircraft participating in the Air Show and the organisers of the event. It authorises aircraft to fly over public gatherings and below the minimum height of 1,000 feet, conditions that would typically be prohibited under subregulations 156(1) and 157(1) of the CAR 1988. The permissions are granted subject to conditions set by the Civil Aviation Safety Authority (CASA) to ensure safety, including the maintenance of specific distances between aircraft and spectators as outlined in Civil Aviation Order 29.4 (CAO 29.4). The permissions are applicable within the geographical jurisdiction of Tyabb, Victoria, and are in force for the duration of the Air Show on 8 and 9 March 2014. The instrument is subject to disallowance under the Legislative Instruments Act 2003 and has been deemed a minor and machinery instrument, exempt from further consultation requirements. The instrument also includes a statement of compatibility with human rights, affirming that it does not engage any applicable rights or freedoms.

Key Provisions

The Civil Aviation Regulations 1988, as amended, contain specific provisions concerning the flying of aircraft at the 2014 Tyabb Air Show in Victoria. Subregulation 156(1) of the Civil Aviation Regulations 1988 (CAR 1988) generally prohibits an aircraft from flying over a public gathering unless permission has been obtained from the Civil Aviation Safety Authority (CASA). This permission can be granted subject to specific conditions. Similarly, subregulation 157(1) of CAR 1988 prohibits a pilot from flying an aircraft below 1,000 feet over a city, town, or populous area. However, CASA may grant permission for such low-altitude flights under paragraph 157(4)(b). Furthermore, paragraph 4.2(2) of Civil Aviation Order 29.4 (CAO 29.4), which was made under regulation 156 of CAR 1988, sets out the distances that must be maintained between aircraft and spectators at air shows. The legislative instrument in question provides the necessary permissions for the 2014 Tyabb Air Show, allowing aircraft to fly over public gatherings and below the usual minimum height, subject to specific conditions. The Act imposes several obligations and requirements on the parties involved in the 2014 Tyabb Air Show. The organisers and the pilot of the aircraft must ensure that the air show is conducted in accordance with the details approved by CASA and outlined in the Air Show program. They must also ensure that the operation of the aircraft within 200 metres of spectators is kept to the minimum extent necessary for the conduct of the race. The air show must comply with all the conditions of CAO 29.4, except for the specific variations provided in the legislative instrument. These conditions are designed to ensure the safe conduct of the air show and the protection of spectators. The legislative instrument also outlines the potential consequences of non-compliance with the regulations. Any breach of the conditions set out in the instrument may result in civil or criminal penalties. Under the Civil Aviation Act 1988, a person who contravenes a regulation may be liable for a civil penalty of up to $16,500 for an individual and $82,500 for a body corporate. In addition, under the Crimes Act 1914, a person who engages in conduct that is reckless as to human life may be liable for a criminal penalty of up to 10 years imprisonment. The specific penalties applicable in any given case will depend on the circumstances of the breach and the severity of the contravention. In summary, the legislative instrument provides specific permissions for the 2014 Tyabb Air Show, allowing aircraft to fly over public gatherings and below the usual minimum height, subject to conditions designed to ensure the safety of spectators and the proper conduct of the air show. The Act imposes obligations on the organisers and the pilot of the aircraft to ensure compliance with the conditions and to operate the aircraft safely. Breach of the conditions may result in civil or criminal penalties, including fines and imprisonment.