Explanatory Statement
Civil Aviation Regulations 1988
Exemption — gross weight for operation of Aerochute 34m² powered parachutes
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Civil Aviation Order 95.32 (CAO 95.32) allows powered parachute aeroplanes to operate if they meet a number of conditions. There is a weight limit of 300 kg maximum take‑off weight (MTOW) if the powered parachute is not certificated as Light Sport Aircraft (LSA).
Aerochute Industries (Aerochute) is the sole Australian manufacturer of powered parachute aeroplanes. Aerochute has applied to CASA to allow it to operate its powered parachute with the 34 square metre canopy (wing) at weights of up to 350 kg MTOW. Aerochute has provided evidence that it complies with the current version British Civil Airworthiness Requirements (BCAR-S). This is one of the acceptable certification standards under CAO 95.32. This also allows for the issue of a special certificate of airworthiness as an LSA.
The exemption allows Aerochute to operate its powered parachute aeroplanes as if they were covered by CAO 95.32. CAO 95.32 would apply to them at weights of up to 300 kg or if the aircraft were certificated as LSA. CASA does not believe that safety would be compromised if the powered parachute is allowed to operate with the increased weight. The proposed Part 103 of the Civil Aviation Safety Regulations 1998 (CASR 1998) will ensure that such aeroplanes are covered and there would be no need for exemptions.
Legislative Instruments Act
Subregulation 308 (4) of the Civil Aviation Regulations 1988 (CAR 1988) declares an exemption to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
CASA has consulted with the manufacturer and Recreational Aviation Australia Incorporated whose members will be the users of the aircraft. No adverse comments were received in relation to the consultations for the proposed Part 103 of CASR 1998. In addition, this instrument replaces an instrument in identical terms, CASA EX03/08, which expires at the end of 31 January 2009.
The instrument commences on 1 February 2009 and stops having effect at the end of 31 January 2010.
The exemption has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX04/09]