CASA EX03/10 - Exemption - gross weight for operation of Aerochute 34m² powered parachutes

Overview

The Civil Aviation Regulations 1988, amended by F2010L00113, addresses the issue of permitting Aerochute Industries, the sole Australian manufacturer of powered parachute aeroplanes, to operate its 34 square metre canopy aeroplanes at a gross weight of up to 350 kg maximum take-off weight (MTOW). This was introduced to cater to the specific operational needs of Aerochute Industries, which had demonstrated compliance with the British Civil Airworthiness Requirements (BCAR-S), an acceptable certification standard. This exemption, made under Section 98 of the Civil Aviation Act 1988, ensures that the safety of air navigation is not compromised while allowing the company to operate its aeroplanes within the specified conditions. The instrument, made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), aims to provide a temporary solution until the proposed Part 103 of the Civil Aviation Safety Regulations 1998 is enacted, thereby eliminating the need for such exemptions. The instrument is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988, under Section 98 of the Civil Aviation Act 1988, empower the Governor-General to enact regulations to ensure the safety of air navigation. Specifically, Civil Aviation Order 95.32 (CAO 95.32) sets the conditions for the operation of powered parachute aeroplanes, including a maximum take-off weight (MTOW) limit of 300 kg unless the aircraft is certified as Light Sport Aircraft (LSA). Aerochute Industries, the sole Australian manufacturer of powered parachute aeroplanes, has applied to the Civil Aviation Safety Authority (CASA) for an exemption to operate its 34 square metre canopy (wing) powered parachutes at weights up to 350 kg MTOW. CASA has found that Aerochute’s compliance with the British Civil Airworthiness Requirements (BCAR-S), an acceptable certification standard under CAO 95.32, ensures safety is not compromised. Consequently, the exemption allows Aerochute’s powered parachute aeroplanes to operate as if they were covered by CAO 95.32, pending the introduction of Part 103 of the Civil Aviation Safety Regulations 1998 (CASR 1998). This exemption is a legislative instrument subject to disallowance under the Legislative Instruments Act 2003, and it has been tabled and approved in Parliament. CASA consulted with Recreational Aviation Australia Incorporated, whose members will use the aircraft, and received no adverse comments. The exemption instrument, CASA EX03/10, replaces CASA EX04/09 and is effective from 1 February 2010 until 31 January 2012.

Key Provisions

The main operative sections of the legislation concern the exemption of Aerochute 34m² powered parachutes from the weight limit stipulated in Civil Aviation Order 95.32 (CAO 95.32). Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act, and in this case, the exemption allows Aerochute to operate its powered parachute aeroplanes with a maximum take-off weight (MTOW) of up to 350 kg, as long as it complies with the British Civil Airworthiness Requirements (BCAR-S). This exemption effectively treats Aerochute's powered parachute aeroplanes as if they were covered by CAO 95.32, which applies at weights of up to 300 kg or if the aircraft are certificated as Light Sport Aircraft (LSA). The proposed Part 103 of the Civil Aviation Safety Regulations 1998 (CASR 1998) will eventually cover these aeroplanes, making the exemption unnecessary. The obligations imposed by the Act on the parties it governs include strict compliance with the conditions set forth in the exemption. Aerochute, as the sole Australian manufacturer of powered parachute aeroplanes, must ensure that its aircraft meets the specified certification standards, specifically BCAR-S. Additionally, the Civil Aviation Safety Authority (CASA) has a duty to consult with relevant stakeholders, such as Recreational Aviation Australia Incorporated, and ensure that safety is not compromised by the exemption. CASA must also ensure that the exemption is properly tabled and subject to disallowance in the Parliament, in accordance with the Legislative Instruments Act 2003 (the LIA). Any breaches of the provisions outlined in the legislation could lead to civil or criminal consequences. Under section 308(4) of the Civil Aviation Regulations 1988 (CAR 1988), the exemption is a disallowable instrument, and thus, any failure to comply with the Act or the terms of the exemption could result in penalties. Although specific penalties are not detailed in the text, breaches of aviation safety regulations can typically lead to substantial fines, imprisonment, or both, depending on the severity of the breach. The legislative framework ensures that all parties involved adhere to safety standards to maintain the integrity and safety of air navigation.