EXPLANATORY STATEMENT

CIVIL AVIATION ACT 1988

CIVIL AVIATION REGULATIONS 1988

DISPLAY OF MARKINGS

EXEMPTION UNDER REGULATION 308

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.

Under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt an aircraft, or persons associated with the operation of an aircraft, from compliance with specified provisions of CAR 1988.  Such an exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Regulation 45.065 of the Civil Aviation Safety Regulations 1998 sets out the minimum height of the characters in a set of aircraft markings. Markings comprise the nationality and registration marks of an aeroplane.  In accordance with subparagraph 45.065 (3) (b) (ii), the minimum height that would be applicable to the markings on the side of the Stearman bi‑plane VH-ZYZ is 300 millimetres.

The Stearman bi-plane is an old World War II training aeroplane. The operator considers that having the markings displayed in accordance with regulation 45.065 would compromise the authentic appearance of the aircraft, which the operator wishes to preserve. As requested, the exemption allows the operator to display the markings on both sides of the fuselage with a minimum height of not less than 50 millimetres. For the sake of authenticity, the aircraft is also painted in a particular colour scheme.  The exemption will cease to apply at the end of February 2007 or when the colour scheme is changed, whichever happens first.

CASA does not consider that the exemption will have a detrimental effect on the safety of air navigation.

The exemption, which took effect on gazettal, has been signed by the Director of Aviation Safety, on behalf of CASA, under section 84A of the Act.

[Exemption Number:  CASA EX08004]