Explanatory Statement
Civil Aviation Regulations 1988
Exemption — operations by hang gliders in the Forbes Flatlands Hang Gliding Championships 2011
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.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (2) provides that before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Subregulation 308 (3) provides that CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety.
This exemption is required because of the decision to hold the Forbes Flatlands Hang Gliding Championships 2011 (the Championships) at Forbes and Parkes aerodromes. Forbes is a registered aerodrome and Parkes is certified.
This exemption will enable participants in the Championships to fly a hang glider without the aircraft carrying a serviceable aircraft V.H.F. radio and without the pilot having a radiotelephone qualification. These requirements would otherwise apply in accordance with subregulations 166E (1) and (2) which apply to certified and registered aerodromes. The aircraft to which the exemption applies are hang gliders as defined in Civil Aviation Order 95.8.
The exemption is subject to several conditions. A ground communications station must be established at Forbes aerodrome and operate daily during the competition. A ground communications station must also be established at Parkes aerodrome on days when weather conditions make it necessary. The second station will be required when a south-westerly wind is blowing between Forbes and Parkes. These stations will advise other aircraft of the area of activity and location of the hang gliders.
Only hang gliders carrying serviceable V.H.F. radios may operate in the vicinity of Parkes aerodrome for 1 hour before the scheduled arrival time, or 1 hour after the scheduled departure time, of a regular public transport aircraft. This will exclude most of the competitors. Hang gliders not equipped with serviceable V.H.F. radios must remain clear of all certified, registered or military aerodromes, other than Forbes and Parkes, and any aerodromes designated by CASA under regulation 166D of CAR 1988. The pilots of towing aircraft must make the broadcasts required under regulation 166C of CAR 1988 and communicate with other aircraft in the area, advising them of the activities, location and direction of the hang gliding fleet, having regard to the prevailing conditions of the day.
Championship organisers must ensure that participants are briefed daily on the boundaries of the areas of activity in the competition flight zone, the requirements for operating in those areas, and the applicable procedures as published daily in NOTAMS. The Championship organisers must arrange with CASA for the publication of daily NOTAMS setting out the boundaries of the areas of activity and the applicable procedures. The pilots in command must comply with the procedures published in NOTAMS applicable to the Championships.
Legislative Instruments Act
Subregulation 308 (4) of 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 Hang Gliding Federation of Australia Incorporated and the Championship organisers. The terms of the exemption have been agreed.
The instrument commences on 28 December 2010 and stops having effect at the end of 12 January 2011.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
[Instrument number CASA EX107/10]