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]
Overview
The Civil Aviation Safety Regulations 1998, amended through instrument F2009L00072, address a specific safety concern related to the operation of powered parachute aeroplanes with larger canopies. Enacted in 2009, this legislation was introduced to provide Aerochute Industries with an exemption to operate its powered parachute aeroplanes with a 34 square metre canopy at a maximum take-off weight (MTOW) of up to 350 kg, instead of the usual 300 kg limit set by Civil Aviation Order 95.32 (CAO 95.32). This exemption was necessary as Aerochute Industries, the sole Australian manufacturer of powered parachute aeroplanes, sought to expand its operational capabilities while ensuring compliance with safety standards. The exemption was granted by the Civil Aviation Safety Authority (CASA) and is subject to parliamentary disallowance under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Regulations 1988, through the exemption granted under CASA EX04/09, allow Aerochute Industries to operate its powered parachute aeroplanes with a 34 square metre canopy at maximum take-off weights (MTOW) of up to 350 kg. This exemption applies to Aerochute Industries as the sole Australian manufacturer of powered parachute aeroplanes, and it is specific to their aircraft models that comply with British Civil Airworthiness Requirements (BCAR-S), a recognised certification standard under Civil Aviation Order 95.32. The exemption allows these aeroplanes to operate under conditions similar to those set out in CAO 95.32, which normally imposes a weight limit of 300 kg MTOW unless the aircraft is certificated as a Light Sport Aircraft (LSA). The exemption is granted on the condition that safety is not compromised, and it will remain in effect until the introduction of proposed Part 103 of the Civil Aviation Safety Regulations 1998, which will cover such aeroplanes more comprehensively. The exemption is also a legislative instrument subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003.
Key Provisions
The main operative sections of the legislation are Sections 98 of the Civil Aviation Act 1988, Civil Aviation Order 95.32, and the proposed Part 103 of the Civil Aviation Safety Regulations 1998. Section 98 of the Civil Aviation Act 1988 provides the authority to make regulations for the Act in the interests of air navigation safety. Civil Aviation Order 95.32 outlines the conditions that powered parachute aeroplanes must meet, including a maximum take-off weight (MTOW) limit of 300 kg unless they are certificated as Light Sport Aircraft (LSA). The proposed Part 103 of the Civil Aviation Safety Regulations 1998 will ensure that aeroplanes are covered without the need for exemptions.
The obligations and requirements imposed by the Act on the parties governed by it include ensuring compliance with the specified weight limits and certification standards. Aerochute Industries, the sole Australian manufacturer of powered parachute aeroplanes, has demonstrated compliance with British Civil Airworthiness Requirements (BCAR-S), one of the acceptable certification standards under CAO 95.32. This compliance allows Aerochute to operate its powered parachute aeroplanes with a 34 square metre canopy at weights up to 350 kg MTOW. Additionally, the Act mandates consultation with relevant parties, such as Recreational Aviation Australia Incorporated, to gather feedback on the proposed regulations.
Breaches of the provisions outlined in the Act can lead to various civil and criminal consequences. For instance, operating a powered parachute aeroplane outside the specified weight limits or without the necessary certification could result in safety concerns and potential regulatory action. Under the Legislative Instruments Act 2003, the exemption is a disallowable instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Act. Failure to adhere to the regulations could result in penalties, including fines and other sanctions as prescribed by the Civil Aviation Act 1988.
The legislation also includes specific provisions regarding the maximum penalties for non-compliance. Although the exact penalties are not detailed in the explanatory statement, the Act generally provides for penalties that may include fines and imprisonment for serious breaches. The Civil Aviation Safety Regulations 1998 further elaborates on the types and extent of penalties for violations of aviation safety regulations. The proposed Part 103 of the Civil Aviation Safety Regulations 1998 aims to streamline the regulatory framework and eliminate the need for exemptions by covering aeroplanes explicitly.