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 take‑off 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 (the Skyvan) and CASA 212 VH-TEM (the 212). When equipped with an external loop antenna (the antenna) for aerial survey work, each aircraft is above 5 700 kg. However, in that configuration, each aircraft is unable to comply with the weight limitations determined under CAO 20.7.1B. However, each aircraft can comply with the weight limitations determined under CAO 20.7.4.
The Skyvan
Amendments to CAO 20.7.1B, in effect on and from 11 June 2005, removed the Skyvan from the scope of CAO 20.7.1B which no longer applied to an aircraft with a CofA in the special category. Since the aircraft was above 5 700 kg and had an antenna, CAO 20.7.4 did not apply. However, CASA considers that it is necessary, in the interests of safety, to regulate the Skyvan’s operations and issued the operator with instrument CASA 34/07 for the 2 aircraft. The instrument ceased to have effect on 31 October 2008.
The instrument
CASA considers that it is safe for each aircraft to operate with an antenna 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: firstly, flight outside daylight; secondly, 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 thirdly, 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 and, in such a case, CASA may approve the operation.
The instrument applies only when the aircraft are operated by the operator and are equipped with the antenna.
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 is also a renewal of a previous instrument CASA 528/08.
The instrument commences on 1 November 2009. It stops having effect at the end of 31 October 2010.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 492/09]