CASA EX107/10 - Exemption - operations by hang gliders in the Forbes Flatlands Hang Gliding Championships 2011

Overview

The Civil Aviation Regulations 1988 were amended to provide a specific exemption for the Forbes Flatlands Hang Gliding Championships 2011, enacted to address the unique requirements of this event while maintaining safety standards. Authorised by Section 98 of the Civil Aviation Act 1988, the exemption was introduced to accommodate the needs of the hang gliding competition, allowing participants to fly without certain regulatory requirements such as carrying a serviceable VHF radio and having a radiotelephone qualification, which are otherwise mandatory. The exemption was issued by the Civil Aviation Safety Authority (CASA) and is subject to several conditions to ensure safety, including the establishment of ground communications stations and the publication of daily NOTAMs. The exemption was made under the authority of the Legislative Instruments Act 2003 and is a disallowable instrument, meaning it is subject to scrutiny and potential disallowance by the Parliament. The exemption was agreed upon after consultation with the Hang Gliding Federation of Australia Incorporated and the Championship organisers, ensuring that the terms of the exemption would not compromise safety. The instrument was issued by the Director of Aviation Safety on behalf of CASA and took effect from 28 December 2010, ceasing to have effect at the end of 12 January 2011.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) exemption for the Forbes Flatlands Hang Gliding Championships 2011, issued under the Civil Aviation Act 1988, pertains specifically to the operations of hang gliders during the event. This exemption applies to participants in the Championships who will be flying hang gliders at the Forbes and Parkes aerodromes. It allows these pilots to operate without the requirement for their aircraft to be equipped with a serviceable aircraft VHF radio and without the pilots holding a radiotelephone qualification. These conditions are ordinarily mandated by subregulations 166E(1) and (2) of CAR 1988 for operations at certified and registered aerodromes. The exemption is designed to accommodate the unique nature of the hang gliding competition while ensuring safety through specified conditions, such as establishing ground communications stations and ensuring broadcasts and communications by towing aircraft. The exemption also mandates that the Championship organisers brief participants daily on competition boundaries, operational requirements, and applicable procedures. The exemption is subject to disallowance under the Legislative Instruments Act 2003 and was developed through consultation with relevant stakeholders. It is effective from 28 December 2010 until the end of 12 January 2011.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) have been amended to allow for an exemption from certain requirements for hang gliders participating in the Forbes Flatlands Hang Gliding Championships 2011 (section 308(1)). This exemption is necessary to facilitate the competition, which will take place at the Forbes and Parkes aerodromes. Under this exemption, hang gliders can operate without a serviceable aircraft V.H.F. radio and without the pilot having a radiotelephone qualification, which are otherwise required by subregulations 166E(1) and (2) of CAR 1988. However, this exemption is subject to several conditions to ensure the safety of air navigation. The obligations imposed by the exemption on the parties involved are quite specific. Firstly, a ground communications station must be established at Forbes aerodrome and operate daily throughout the competition, and another must be set up at Parkes aerodrome when weather conditions necessitate it, particularly when a south-westerly wind is blowing between Forbes and Parkes. These stations are crucial for advising other aircraft of the hang gliders' activity area and location. Additionally, only hang gliders equipped with serviceable V.H.F. radios can operate within the vicinity of Parkes aerodrome for one hour before or after the scheduled arrival or departure times of regular public transport aircraft. Hang gliders without such radios must avoid all aerodromes except Forbes and Parkes, and any others designated by CASA under regulation 166D of CAR 1988. The pilots of towing aircraft are required to broadcast and communicate with other aircraft in the area, advising them of the hang gliding activities, location, and direction, considering the prevailing conditions. Failure to comply with the conditions set forth in the exemption could result in civil or criminal consequences. Given that the exemption is a disallowable instrument under the Legislative Instruments Act 2003 (LIA), it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA (section 308(4) of CAR 1988). Non-compliance with the exemption conditions could lead to actions under the LIA, resulting in penalties or other legal consequences. Additionally, any breach of the conditions might also attract penalties under other relevant aviation regulations. The instrument, made by the Director of Aviation Safety on behalf of CASA, comes into effect on 28 December 2010 and ceases to have effect at the end of 12 January 2011, aligning with the duration of the Championships. This ensures that the exemption is strictly temporary and applicable only during the event period.