CASA 492/09 – Directions – for determining maximum weight

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

Legislation au F2009L04069 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 (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]

Overview

The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation and provide comprehensive regulations for civil aviation operations in Australia. This legislation is grounded in the Civil Aviation Act 1988, which empowers the Governor-General to make regulations necessary for the safety of air navigation. The Civil Aviation Regulations 1988 were introduced to fill the gap in providing detailed regulatory standards and operational guidelines to maintain the highest safety standards in Australian airspace. These regulations are administered by the Civil Aviation Safety Authority (CASA), which is responsible for enforcing compliance and issuing directives to ensure the safety of aircraft operations. The policy objective is to protect public safety by setting stringent standards and operational limits for aircraft, including maximum weight restrictions which are crucial for the safe take-off and landing of aircraft.

Scope and Application

The Civil Aviation Regulations 1988, under the Civil Aviation Act 1988, govern the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) empowered to issue directions concerning the maximum weight for aircraft operations, including take-off and landing weights. Specifically, subregulation 235(1) of the Civil Aviation Regulations 1988 allows CASA to provide detailed directions on estimating an aircraft's gross weight, ensuring it does not exceed the maximum take-off or landing weight set out in the aircraft's certificate of airworthiness or flight manual. This regulatory framework applies to aircraft operators, pilots, and other relevant entities engaged in civil aviation activities within Australia. Notably, the instrument CASA 492/09, which applies to the operator Fugro Airborne Surveys Pty Ltd and their SC-7 Skyvan and CASA 212 aircraft when equipped with an external loop antenna, outlines specific weight limitations and operational conditions to ensure safety, particularly when operating under adverse circumstances such as night flights or low-altitude operations over populated areas. The instrument is legislative in nature, subject to tabling and disallowance in Parliament, and exempt from consultation requirements due to its specific technical nature and renewal of a previous instrument, CASA 528/08. The instrument operates from 1 November 2009 until 31 October 2010, ensuring compliance with safety standards during this period.

Key Provisions

The Civil Aviation Regulations 1988, specifically under subregulation 235(1), empowers the Civil Aviation Safety Authority (CASA) to issue directions regarding the estimation of an aircraft’s gross weight, which includes passengers, cargo, and fuel. These directions are aimed at ensuring the safety of air navigation. Furthermore, under subregulations 235(4) and (6), it is an offence for a pilot in command to allow an aircraft to take off or land if its gross weight exceeds its maximum take-off weight (MTOW) or maximum landing weight (MLW). For aeroplanes weighing more than 5,700 kg, CASA has provided detailed directions in Civil Aviation Order 20.7.1B (CAO 20.7.4). For certain aircraft not exceeding 5,700 kg, CASA has issued directions in Civil Aviation Order 20.7.4 (CAO 20.7.4). The obligations imposed by these regulations require aircraft operators to adhere to the specified maximum weight limits as set out in their certificate of airworthiness (CofA) or flight manual. These limits must be strictly observed to ensure compliance with safety standards. CASA’s directions further refine these obligations by providing specific guidelines for estimating the gross weight of an aircraft, particularly when equipped with additional components like an external loop antenna for aerial survey work. Operators must ensure that their aircraft do not exceed these weight limits, and they must follow CASA’s directions to determine the maximum allowable gross weight for each flight. Breach of these regulations can result in serious consequences. Under subregulations 235(4) and (6), allowing an aircraft to take off or land when its gross weight exceeds the specified MTOW or MLW is a punishable offence. This offence is subject to penalties, which may include fines and other sanctions. The specific penalties are not detailed in the explanatory statement but would typically be determined in accordance with the Civil Aviation Act 1988 and other relevant laws. The instrument CASA 492/09, issued by CASA under subregulation 7(1) of the Civil Aviation Regulations 1988, specifies conditions under which the operator Fugro Airborne Surveys Pty Ltd can operate its SC-7 Skyvan VH-WGT and CASA 212 VH-TEM aircraft with an external loop antenna. The instrument outlines that flights must comply with CAO 20.7.1B if they are likely to involve adverse circumstances, such as flying outside daylight hours or below 1,000 feet above ground level (AGL) over restricted areas. Conversely, if the flight does not involve such adverse circumstances, it must comply with CAO 20.7.4. The instrument is considered a legislative instrument under the Legislative Instruments Act 2003 and is subject to parliamentary oversight. It is valid from 1 November 2009 until 31 October 2010. Failure to comply with the directions in this instrument can result in regulatory action and potential penalties.

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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.