CASA EX01/12 - Exemption - maximum take-off weight requirements in aerial application operations

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

Legislation au F2012L00339 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Exemption  maximum take-off weight requirements in aerial application operations

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.

 

Aerial application operations under CASR Part 137

Subregulation 137.190 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), states:

The pilot in command of an aeroplane engaged in an application operation must not commence a take-off if the aeroplane’s gross weight exceeds:

(a) the maximum gross weight shown in the aeroplane’s flight manual; or

(b) any maximum gross weight that:

 (i) has been established for that type of aeroplane by a flight test supervised by CASA; and

 (ii) is shown on a placard, approved by CASA and displayed in the aeroplane’s cockpit; or

(c) the maximum gross weight shown on the type certificate, or type certificate data sheet, that is issued for the aeroplane by the NAA of the State of Design (within the meaning given in Annex 8 to the Chicago Convention) of the aeroplane.

 

Under subregulation 137.190 (2) of CASR 1998, a pilot must calculate the take-off weight by a method that includes calculating the weight of:

(a) the crew and any equipment carried; and

(b) the aeroplane’s fuel and load.

 

Under the definitions in regulation 137.010 of CASR 1998, an application operation means, among other things, a flight to apply application material. Application material means, among other things, material such as fertilizer, baits and pesticides. Apply means to drop or spray the material onto the ground or water.

 

Under subregulation 235 (11) of the Civil Aviation Regulations 1988 (CAR 1988), operators and pilots in command of single engine aeroplanes engaged in private, or aerial work, operations, and having a certificate of airworthiness in the agricultural category or in the restricted category, and a permanently installed jettison system to allow the pilot in command to jettison in flight the contents of a hopper or vessel, have been granted an exemption (CASA EX22/2002) from compliance with the requirements of subregulation 235 (4) of CAR 1988. Subregulation 235 (4) requires weight at takeoff not to exceed the maximum take-off weight (MTOW) calculated under that regulation.

 

Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CAR 1988 or CASR 1998. Under subregulation 11.160 (3), CASA may grant an exemption on its own initiative. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.

 

Under subregulation 11.205 (1), CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.210, it is an offence to fail to comply with a condition of an exemption.

 

Under regulation 11.225, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement), or if no day is specified, 3 years after commencement.

 

Under this exemption, a pilot in command of a specified aeroplane is only exempted from complying with the MTOW contained in a flight manual for the aeroplane, i.e. he or she will have to continue to observe all other limitations, procedures and instructions in the flight manual.

 

Pilots in command of aeroplanes engaged in application operations are also exempt from the weight limitations expressed in subregulations 137.190 (1) and (2) of CASR 1998 but subject to conditions.

 

Legislative Instruments Act

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or the Civil Aviation Orders. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The instrument applies to a class of persons and is, therefore, legislative.  As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).

 

Consultation

Consultation under section 17 of the LIA has not been undertaken in this case. The Australian Transport Safety Bureau raised issues in relation to the loss of an aircraft. The instrument revokes CASA EX38/11 and remakes it, taking into consideration instrument CASA EX56/07 which ceased to exist at the end of 2009 by operation of law.

 

Human Rights Compatibility Statement

This legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.

 

The exemption commences on the day after registration and stops having effect at the end of 31 December 2015.

 

The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

[Instrument number CASA EX01/12]

Overview

The Civil Aviation Regulations 1988, as amended by F2012L00339, provide an exemption from maximum take-off weight requirements for certain aerial application operations. This exemption was enacted to address the practical challenges faced by operators of single-engine aeroplanes engaged in agricultural and restricted category operations. The exemption allows these operators to jettison their load mid-flight, which is a critical safety feature that enables them to avoid dangerous situations. This legislative instrument was issued by the Civil Aviation Safety Authority (CASA) in accordance with Section 98 of the Civil Aviation Act 1988, with a primary focus on maintaining an acceptable level of safety. The exemption is subject to conditions and is in place until the end of 2015, ensuring that while operational flexibility is provided, safety remains the paramount concern.

Scope and Application

The Civil Aviation Regulations 1988, as amended, provide a framework for ensuring the safety of aviation operations in Australia. Specifically, the exemption outlined in CASA EX01/12 pertains to the maximum take-off weight requirements in aerial application operations, which involve the dropping or spraying of materials such as fertilizers, baits, and pesticides. This exemption applies to pilots in command of aeroplanes that are used for agricultural or aerial work purposes and are equipped with a permanently installed jettison system. These aeroplanes must have an airworthiness certificate in the agricultural or restricted category. While pilots in command of these aeroplanes are exempt from certain weight limitations, they are still required to adhere to other safety limitations, procedures, and instructions as outlined in their aeroplane’s flight manual. This exemption is subject to the conditions set by the Civil Aviation Safety Authority (CASA) and is intended to maintain an acceptable level of safety. The exemption is also subject to the provisions of the Legislative Instruments Act 2003, which governs the creation and tabling of legislative instruments in Parliament.

Key Provisions

The Civil Aviation Regulations 1988, under section 98 of the Civil Aviation Act 1988, grant the Governor-General the authority to create regulations governing civil aviation in Australia. Specifically, subregulation 137.190(1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) mandates that a pilot in command of an aeroplane engaged in an application operation, such as spraying fertilizer or pesticides, must not initiate a take-off if the aeroplane’s gross weight exceeds specified limits. These limits include the maximum gross weight specified in the aeroplane’s flight manual, any maximum gross weight established by a flight test supervised by the Civil Aviation Safety Authority (CASA) and displayed on a placard in the cockpit, or the maximum gross weight shown on the aeroplane’s type certificate or type certificate data sheet issued by the National Aviation Authority (NAA) of the State of Design. Subregulation 137.190(2) further requires that the pilot calculates the take-off weight by considering the weight of the crew, equipment, fuel, and load. The obligations imposed by the Civil Aviation Regulations 1988 on operators and pilots are stringent, focusing on ensuring the safety of aerial application operations. Pilots must adhere to the maximum gross weight limits as specified in the aeroplane’s flight manual, placard, or type certificate data sheet. Additionally, they must ensure that all weight calculations include the crew, equipment, fuel, and load. For single-engine aeroplanes engaged in private or aerial work operations with specific airworthiness certificates and jettison systems, there is an exemption from the maximum take-off weight (MTOW) requirement under subregulation 235(11) of the Civil Aviation Regulations 1988 (CAR 1988). However, this exemption does not relieve the pilots of observing all other limitations, procedures, and instructions in the flight manual. Failure to comply with the conditions of an exemption under subregulation 11.210 is an offence, and it is punishable by law. The Civil Aviation Safety Authority (CASA) may impose conditions on any exemption if necessary for the safety of air navigation, and non-compliance with these conditions is an offence. Furthermore, under the Legislative Instruments Act 2003 (LIA), any exemption granted by CASA must be published on the Internet, and it typically ceases 3 years after its commencement unless a specific end date is specified. This legislative instrument is also subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. This structured approach ensures that the safety of aerial operations is prioritised while providing necessary flexibility through exemptions.

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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.