CASA EX01/2003 - Exemption of powered paragliders

Overview

The Civil Aviation Act 1988, enacted by the Parliament of Australia, provides a comprehensive framework for the regulation of civil aviation in Australia. This Act allows for the creation of regulations to ensure the safety of air navigation, among other purposes. One notable provision is section 98, which empowers the Governor-General to make regulations under the Act. Specifically, the Civil Aviation Regulations 1988 (CAR) include provisions such as subregulation 308(1), which allows the Civil Aviation Safety Authority (CASA) to exempt certain aircraft or categories of aircraft from specific regulatory requirements, subject to conditions deemed necessary for safety. An example of such an exemption pertains to powered paragliders, which are foot-launched hang gliders equipped with a power unit worn by the pilot. This exemption, set out in Schedule 1, allows powered paragliders to be used in aerial work operations like advertising, photography, surveying, and spotting, without needing to comply with certain CAR provisions. However, this exemption is conditional, requiring the pilot to hold specific certifications and adhere to operational safety standards, such as the ability to glide safely in case of engine failure and compliance with air traffic control clearances in controlled airspace. The exemption is temporary, expiring at the end of January 2006, and is subject to disallowance under section 46A of the Acts Interpretation Act 1901.

Scope and Application

The Civil Aviation Act 1988 applies to all matters related to the safety of air navigation in Australia, with specific regulations detailed in the Civil Aviation Regulations 1988 (CAR). In this context, the Act authorises the Governor-General to create regulations for the Act's purposes, particularly concerning air navigation safety. Subregulation 308(1) of the CAR allows the Civil Aviation Safety Authority (CASA) to exempt specific aircraft or categories of aircraft from certain CAR provisions for safety reasons. This exemption, as stipulated under subregulation 308(3), is contingent upon the aircraft meeting conditions set by CASA. The exemption for powered paragliders, which are foot-launched hang gliders powered by a unit worn by the pilot, permits their use in aerial work operations such as advertising, photography, surveying, and spotting without needing to comply with specified CAR provisions. However, this exemption is conditional and subject to stringent safety requirements, including pilot certification, operational conditions, and air traffic control clearance. The exemption ceases to have effect at the end of January 2006, and is subject to disallowance under section 46A of the Acts Interpretation Act 1901.

Key Provisions

The main operative sections of the legislation, particularly under the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, provide the framework for the exemption of powered paragliders from certain regulatory provisions for specific aerial work operations (Section 98, Subregulation 308(1)). The exemption allows powered paragliders to be used in activities such as aerial advertising, aerial photography, aerial surveying, and aerial spotting, without needing to comply with certain parts of the Civil Aviation Regulations. This flexibility is intended to enhance operational efficiency and safety in these specific areas (Subregulation 308(3)). The exemption, however, is not absolute and is subject to conditions that must be met to ensure safety, and it ceases to be effective at the end of January 2006 (Subregulation 308(4)). The obligations imposed by the Act and Regulations on the parties involved are stringent and primarily safety-oriented. Powered paragliders can only be operated by individuals who hold a pilot certificate and a display pilot endorsement issued by the Hang Gliding Federation of Australia, in accordance with the operations manual provided by the relevant Air Operator Certificate (AOC) holder (Schedule 1). Additionally, pilots must ensure they can glide safely to and land at an appropriate area in the event of an engine failure. The operations must also comply with other conditions such as height restrictions, air traffic control clearances when operating in controlled airspace, and other operational requirements (Schedule 1). Failure to comply with the conditions set out in the exemption or the Civil Aviation Regulations can lead to serious consequences. While specific offences and penalties are not detailed in the explanatory statement, breaches of aviation regulations typically result in civil or criminal penalties. Civil penalties can include fines, and in severe cases, criminal penalties may be imposed, which could include imprisonment. The exact penalties would depend on the specific breach and the discretion of the courts. The exemption itself, being a disallowable instrument, can be reviewed and potentially disallowed by Parliament, adding another layer of accountability (Section 46A of the Acts Interpretation Act 1901).