Explanatory Statement
Civil Aviation Regulations 1988
Exemption — landing on moving vehicle
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.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt persons from compliance with specified provisions of CAR 1988 in relation to a category of aircraft. Under subregulation 308 (3), an exemption is subject to the person complying with any conditions which CASA specifies to be necessary in the interests of safety.
The Australian International Air Show (the Air Show) is scheduled to be held at Avalon, Victoria, from 10 March 2009 to 15 March 2009. The organiser, AirShows DownUnder, has proposed a display program that includes a display by a pilot from the United States of America using an aeroplane registered by the Federal Aviation Administration of the United States of America to land on the back of a moving vehicle. The pilot has participated in air shows on several occasions carrying out the same performance. This display requires an exemption from subregulation 92 (1) of CAR 1988.
Subregulation 92 (1) of CAR 1988 states that a person must not land an aircraft on a place that does not satisfy 1 or more of the stipulated requirements. The back of a truck does not meet any of the requirements, including paragraph 92 (1) (d) which states that the place must be suitable for use as an aerodrome for the purposes of the landing and taking-off of aircraft.
The exemption has been granted subject to conditions. It will apply only to the performance as part of the Air Show and is limited to the duration of the Air Show. The vehicle must be the truck brought by the pilot in command for the performance of the manoeuvre and specially modified for that purpose. The driver of the vehicle must be the named individual who has previously driven the truck for the manoeuvre.
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
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is a personal exemption requested for a specific activity during a specific period.
The instrument commences on 10 March 2009 and stops having effect at the end of 15 March 2009.
The exemption has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX11/09]