CASA 87/05 - Permission - Flying over a public gathering at The Australian International Air Show

Overview

The Civil Aviation Act 1988 and the associated Civil Aviation Regulations 1988 were enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. One specific issue addressed by this legislation is the need for permissions for aircraft to fly over public gatherings, as outlined in subregulation 156(1) of the Civil Aviation Regulations 1988. This regulation requires the Civil Aviation Safety Authority's (CASA) written permission for pilots to fly over such gatherings. In response to a request from AirShows DownUnder for the Australian International Air Show held in Avalon, Victoria, CASA issued a permission allowing certain aircraft to fly over the public at the air show, subject to specific safety conditions. This permission modifies certain distances set out in the Civil Aviation Orders to accommodate different types of aircraft, balancing safety with the unique demands of air show displays. The permission is subject to disallowance by Parliament and is effective only during the period of the air show.

Scope and Application

The Civil Aviation Act 1988 and the Civil Aviation Regulations 1988 apply to the operation of aircraft within Australia and its territorial limits, encompassing both commercial and private flights. This legislation is administered by the Civil Aviation Safety Authority (CASA), which has the mandate to ensure the safety of air navigation through the issuance of regulations and permissions. Specifically, subregulation 156(1) of the Civil Aviation Regulations 1988 mandates that pilots must obtain CASA’s written permission before flying over a public gathering. This regulation is pivotal in managing the risks associated with such activities, particularly in ensuring that aircraft do not pose a danger to spectators. For the Australian International Air Show held at Avalon, Victoria, CASA has granted a special permission under subregulation 156(1) for aircraft to fly over the public gathering, subject to compliance with certain conditions outlined in the Civil Aviation Orders. This permission is tailored to the unique circumstances of the air show, allowing specific types of aircraft to fly at closer distances to spectators while maintaining safety standards. The permission is a legislative instrument and is subject to disallowance by Parliament, underscoring its formal nature and the regulatory oversight that governs such activities.

Key Provisions

The key provision of the Civil Aviation Regulations 1988 (CAR 1988) under consideration here is subregulation 156(1) which stipulates that a pilot in command must not fly an aircraft over a public gathering without the written permission of the Civil Aviation Safety Authority (CASA). This regulation is designed to ensure the safety of air navigation. Subregulation 156(1) is complemented by section 29.4 of the Civil Aviation Orders (CAOs), which mandates that air displays must be approved by CASA and adhere to specific safety conditions. Notably, paragraph 4.2(2) of section 29.4 sets a minimum horizontal distance of 500 metres for aircraft flying below 1,500 feet from spectators, and 200 metres for aircraft flying at lower altitudes. The Civil Aviation Act 1988 and the associated regulations impose several obligations on the parties involved. The organiser of the Australian International Air Show, AirShows DownUnder, must seek and obtain CASA's written permission before allowing aircraft to fly over the public gathering. CASA, in turn, must assess the safety implications of the proposed flight paths, particularly considering the specific conditions of the air show environment. The permission granted by CASA is subject to compliance with the CAOs, except for the specified distance conditions which are modified to accommodate different types of aircraft. Therefore, while slower aircraft may fly closer to spectators, larger and high-speed aircraft must maintain greater distances to ensure safety. Breach of the provisions outlined in the Civil Aviation Regulations 1988, including failure to obtain CASA's permission for flying over a public gathering, can lead to significant legal consequences. Under section 139 of the Civil Aviation Act 1988, an unauthorised flight over a public gathering could result in civil penalties, which may include substantial fines. Additionally, such breaches may also lead to criminal charges, depending on the severity and impact of the violation. The maximum penalties for civil and criminal offences can vary, but they are designed to enforce compliance and uphold the safety standards mandated by the Act and its associated regulations. The instrument itself, being a legislative instrument, is subject to disallowance by Parliament as per the Legislative Instruments Act 2003. The permission granted by CASA is effective from the day after its registration and will only apply to flights that are part of the official program approved by the air show organisers. It ceases to have effect at the end of 20 March 2005. The Deputy Chief Executive and Chief Operating Officer of CASA, acting as a delegate, has the authority to make this permission under subregulation 7(1) of the CAR 1988. However, it is noteworthy that consultation under section 17 of the Legislative Instruments Act 2003 was not undertaken in this instance, likely due to the specific and time-limited nature of the permission.