EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
DIRECTIONS UNDER SUBREGULATION 235 (2)
BEECH MODEL 200T AIRCRAFT VH-LAB
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Subregulation 235 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that the Civil Aviation Safety Authority (CASA) may give directions setting out the manner of determining a maximum weight for an aircraft, in respect of a proposed flight, that the gross weight of an aircraft must not exceed at take-off or landing.
Subregulation 235 (4) provides that an aircraft must not take off, or attempt to take off, if its gross weight is greater than its maximum take-off weight or a lesser weight determined in accordance with subregulation 235 (2). Subregulation 235 (5) provides that an aircraft must not take off, or attempt to take off, if its gross weight, less the weight of fuel normally used, is greater than its maximum landing weight or a lesser weight determined in accordance with subregulation 235 (2). Subregulation 235 (6) provides that, except in emergency, an aircraft must not land if its gross weight exceeds its maximum landing weight or a lesser weight determined in accordance with subregulation 235 (2).
Paragraph 4.1 of section 20.7.1B of the Civil Aviation Orders (CAOs) provides that the maximum weight that an aeroplane to which the section applies may not exceed at take-off is the least of the weights determined in accordance with subparagraphs (a) to (d).
Paragraph 5.1 of section 20.7.1B provides that the maximum weight that such an aeroplane may not exceed at landing is the least of the weights determined in accordance with subparagraphs (a) to (c).
In effect, paragraphs 4.1 and 5.1 require the maximum weight of the aeroplane to be such that it is able to perform within the specified parameters when taking off or landing.
The Beech Model B200T aircraft VH-LAB is operated by the NSW Rural Fire Service as a restricted category aeroplane in accordance with regulation 21.025 of the Civil Aviation Safety Regulations 1998 (CASR 1998). It would normally be subject to section 20.7.1B. CASA considers that the parameters applied by paragraphs 4.1 and 5.1 are inappropriate for the special purposes referred to in subregulation 21.025 (2) of CASR 1998 to which the aircraft is restricted. As a result, in order to permit the aeroplane to operate, the alternative weight limitations and performance requirements contained in the direction under subregulation 235 (2) of CAR 1988 have been issued.
Under the direction, when the gross weight of the aircraft is not more than 12,500 lb, the aircraft is required to operate in accordance with section 20.7.4 of the CAOs. When the gross weight of the aircraft is more than 12,500 lb but not more than 14,000 lb, the aircraft has to operate in accordance with the requirements set out in Schedule 1 to the direction.
The direction replaces another instrument CASA 740/02.
Under regulation 5A of CAR 1988, a “prescribed direction or exemption” that affects the operation of anything in a CAO is a disallowable instrument. The direction is “a prescribed direction or exemption” and affects the operation of paragraphs 4.1 and 5.1 of section 20.7.1B.
The direction came into effect on gazettal and stops having effect at the end of November 2006.
It has been issued by a delegate of CASA in accordance with regulation 7 of the Regulations.
[Instrument Number: CASA 546/04]