EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
EXEMPTION OF POWERED PARAGLIDERS
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR) provides that CASA may, in relation to a particular aircraft or specified type of category of aircraft, exempt that aircraft or specified type or category of aircraft from compliance with specified provisions of CAR. Subregulation 308 (3) provides that such an exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary in the interests of safety. Under subregulation 308 (4), such an exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
The exemption permits powered paragliders to be flown in aerial work operations, comprising aerial advertising, aerial photography, aerial surveying and aerial spotting, without compliance with certain Parts and provisions of CAR. Powered paragliders are foot launched hang gliders that do not have rigid wings and are powered by a power unit worn on the pilot’s back.
The exemption is subject to conditions set out in Schedule 1. According to the conditions, powered paragliders may only be flown by persons who hold a pilot certificate and a display pilot endorsement, issued by the Hang Gliding Federation of Australia and in accordance with the operations manual provided by the relevant AOC holder. The conditions also ensure that powered paragliders are not flown unless, in the event of an engine failure, the pilot is able to glide safely to, and land at, an appropriate area. Additional conditions relate to the height at which powered paragliders may be flown, the requirement to operate in accordance with air traffic control clearance when in controlled airspace, and other operational requirements.
The exemption stops having effect at the end of January 2006.
The exemption has been signed by the Director of Aviation Safety, on behalf of CASA, under section 84A of the Act.
[Exemption Number CASA EX01/2003]