CASA EX03/08 - Exemption - gross weight for operation of Aerochute 34m² powered parachutes

Overview

The Civil Aviation Regulations 1988 were enacted to regulate and ensure the safety of air navigation in Australia, providing a comprehensive framework for civil aviation activities. One of the key objectives of these regulations is to manage and mitigate risks associated with aviation operations, including setting standards and imposing conditions on the operation of various aircraft types. The Civil Aviation Regulations 1988 empower the Governor-General to make regulations necessary for the safety of air navigation, which is fundamental to maintaining public safety and the integrity of the national airspace. The introduction of this legislation was necessary to address gaps in the existing regulatory framework, ensuring that all aviation activities are conducted in a manner that minimises risk to passengers, crew, and the general public.

Scope and Application

The Civil Aviation Regulations 1988, particularly in relation to the exemption for the gross weight of operation of 34m² powered parachutes, apply to Aerochute Industries, the sole Australian manufacturer of powered parachute aeroplanes. The exemption is designed to allow Aerochute to operate its powered parachute aeroplanes with a maximum take-off weight (MTOW) of up to 350kg, which exceeds the standard limit of 300kg under Civil Aviation Order 95.32 (CAO 95.32). This exemption is applicable in the interests of safety, as determined by the Civil Aviation Safety Authority (CASA). The exemption is a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in the Parliament. The exemption applies nationally, ensuring that the operation of these aircraft adheres to the specified conditions without compromising safety. The exemption is effective from the day after its registration and will cease on 31 January 2009, pending the introduction of the proposed Part 103 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) provide a framework for the safe operation of aircraft in Australia, including powered parachutes. Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act, and in this instance, the regulation pertains to the operation of Aerochute 34m² powered parachutes. Civil Aviation Order 95.32 (CAO 95.32) sets out the conditions under which powered parachute aeroplanes can operate, including a maximum take-off weight (MTOW) limit of 300 kg if they are not certificated as Light Sport Aircraft (LSA). However, Aerochute Industries, the sole Australian manufacturer of powered parachute aeroplanes, has applied to the Civil Aviation Safety Authority (CASA) to operate its powered parachute with a 34 square metre canopy at weights of up to 350 kg MTOW. The exemption allows Aerochute to operate its aeroplanes under the same conditions as those outlined in CAO 95.32, which would otherwise apply at weights of up to 300 kg or if the aircraft were certificated as LSA. The obligations imposed by this legislation on Aerochute and CASA include compliance with the British Civil Airworthiness Requirements (BCAR-S), which Aerochute has demonstrated through evidence provided to CASA. CASA has also consulted with the manufacturer and Recreational Aviation Australia Incorporated, whose members will be the users of the aircraft, and no adverse comments were received. Additionally, under subregulation 308(4) of CAR 1988, this exemption is a disallowable instrument and, therefore, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA). This ensures that the exemption is subject to parliamentary scrutiny and control. The proposed Part 103 of the Civil Aviation Safety Regulations 1998 (CASR 1998) will eventually ensure that aeroplanes like those manufactured by Aerochute are covered without the need for exemptions, but until then, this exemption is in place to allow for safe operation of the aircraft. Failure to comply with the conditions of this exemption, or any other provision of the Act or regulations, could result in civil or criminal penalties. The maximum penalties for offences under the Act can include fines of up to $210,000 for individuals and $1,050,000 for bodies corporate, as well as imprisonment for up to five years for serious offences. Additionally, CASA may impose administrative penalties, such as fines or suspension or revocation of licences, for breaches of the regulations. It is important for all parties involved to be aware of their obligations and to comply with the requirements of the Act and regulations to ensure the safety of air navigation.