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]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide comprehensive regulations for the safety of air navigation in Australia, ensuring that aircraft operations adhere to stringent safety standards. One such regulation, subregulation 235(2) of the CAR 1988, empowers the Civil Aviation Safety Authority (CASA) to issue directions concerning the maximum weight of an aircraft for take-off and landing. The problem addressed by this piece of legislation is ensuring that aircraft, specifically the Beech Model 200T aircraft VH-LAB operated by the NSW Rural Fire Service, adhere to appropriate weight limitations and performance requirements that are suitable for their special operational purposes, thereby preventing unsafe operations that could arise from inappropriate weight parameters. This direction was issued under the authority of the Civil Aviation Act 1988 by CASA, with the aim of ensuring that the aircraft's operations remain within safe and effective parameters, despite the special operational needs of the aircraft.
Scope and Application
The Civil Aviation Regulations 1988, as amended by direction under subregulation 235(2) concerning the Beech Model 200T aircraft VH-LAB, applies specifically to the operations of this particular aircraft when operated by the NSW Rural Fire Service. This regulation ensures that the aircraft adheres to particular weight limitations and performance requirements that are deemed appropriate for its special purposes. The direction is applicable nationally within Australia and is enforced by the Civil Aviation Safety Authority (CASA). The regulation provides alternative weight limitations and performance requirements to those set out in the Civil Aviation Orders (CAOs) to accommodate the unique operational needs of the aircraft in question. The direction allows for two weight scenarios: when the aircraft's gross weight is not more than 12,500 lb, it must comply with section 20.7.4 of the CAOs, and when the gross weight exceeds 12,500 lb but is not more than 14,000 lb, it must adhere to the requirements outlined in Schedule 1 of the direction. This direction effectively replaces CASA 740/02 and is considered a disallowable instrument under regulation 5A of the Civil Aviation Regulations 1988, as it affects the operation of certain CAO provisions. The direction came into effect upon gazette and ceased to have effect at the end of November 2006, having been issued by a delegate of CASA in accordance with regulation 7 of the Regulations.
Key Provisions
The key sections of the Civil Aviation Regulations 1988 (CAR 1988) in this context are subregulations 235(2), 235(4), 235(5), and 235(6), which deal with the determination of maximum weights for aircraft at take-off and landing. Specifically, subregulation 235(2) empowers the Civil Aviation Safety Authority (CASA) to issue directions regarding these maximum weights. Subregulation 235(4) prohibits an aircraft from taking off if its gross weight exceeds its maximum take-off weight or a lesser weight determined by CASA’s direction. Similarly, subregulation 235(5) prohibits take-off if the aircraft's gross weight, less the weight of fuel normally used, is greater than its maximum landing weight or a lesser weight determined by CASA’s direction. Subregulation 235(6) mandates that, except in emergencies, an aircraft must not land if its gross weight exceeds its maximum landing weight or a lesser weight determined by CASA’s direction.
The obligations imposed by the Act on the parties governed by these regulations primarily revolve around adhering to the weight limitations and performance requirements set out in the directions issued by CASA. For the Beech Model B200T aircraft VH-LAB operated by the NSW Rural Fire Service, these obligations are tailored to the special purposes outlined in subregulation 21.025(2) of the Civil Aviation Safety Regulations 1998 (CASR 1998). Specifically, the aircraft must comply with the weight limitations and performance requirements specified in the direction under subregulation 235(2) of CAR 1988. This entails operating in accordance with section 20.7.4 of the Civil Aviation Orders (CAOs) if its gross weight is 12,500 lb or less, and adhering to the requirements in Schedule 1 to the direction if the gross weight is more than 12,500 lb but not more than 14,000 lb.
Failure to comply with these weight limitations and performance requirements can lead to significant civil or criminal consequences. Under regulation 5A of CAR 1988, any "prescribed direction or exemption" that affects the operation of a Civil Aviation Order is a disallowable instrument, and thus, non-compliance can be deemed illegal. Additionally, if an aircraft takes off or lands in violation of the weight limitations specified in subregulations 235(4) and 235(5), or if it lands in violation of subregulation 235(6), this could result in enforcement actions against the operator. The specific penalties for such breaches are not detailed in the provided text but typically include fines and potential revocation of operating permits.