CASA EX11/09 – Exemption – landing on moving vehicle

Overview

The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulations for civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations for the Act and is designed to safeguard the safety of air navigation. In this context, the Civil Aviation (All Aircraft, Other Than Helicopters) Exemption Regulations 2009 (F2009L00655) were introduced to address a specific safety concern during a scheduled event, the Australian International Air Show in 2009. This exemption was granted to allow a pilot from the United States to perform a landing on the back of a moving vehicle as part of the air show. The exemption was subject to stringent conditions to ensure the safety of the performance, reflecting the policy objective of maintaining high safety standards during air shows. The exemption was enacted by a delegate of the Civil Aviation Safety Authority (CASA) and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988, as amended, provide the framework within which the Civil Aviation Authority of Australia (CASA) can issue exemptions from specific regulatory provisions in the interests of safety. Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the Act, and CASA may exempt certain persons from compliance with specified provisions of the Civil Aviation Regulations 1988 in relation to a category of aircraft. This regulatory flexibility allows for unique and potentially hazardous activities, such as the proposed display at the Australian International Air Show, to proceed under strict safety conditions. The exemption for the air show pilot’s display is narrowly tailored to the specific performance, vehicle, and personnel involved, and it is strictly limited to the duration of the air show, from 10 March 2009 to 15 March 2009. This exemption is subject to the Legislative Instruments Act 2003, which requires the exemption to be tabled and allows for potential disallowance by the Parliament.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Act 1988 (Act) together establish the framework for aviation safety and operations in Australia. Specifically, section 98 of the Act allows the Governor-General to make regulations, and subregulation 308(1) empowers the Civil Aviation Safety Authority (CASA) to exempt individuals from certain CAR 1988 provisions. This exemption process is further detailed in subregulation 308(3), which mandates that any exemption must include conditions necessary for safety. In this particular case, an exemption has been granted for a specific activity at the Australian International Air Show in 2009. Under this exemption, the pilot from the United States of America, flying an aeroplane registered with the Federal Aviation Administration, is allowed to perform a landing on the back of a moving vehicle. This exemption is necessary because subregulation 92(1) of CAR 1988 prohibits landing an aircraft on a place that does not meet certain requirements, such as being suitable for use as an aerodrome for landing and taking off. The back of a truck clearly does not satisfy these requirements, hence the need for an exemption. The exemption conditions specify that it applies only to this particular performance during the Air Show, from 10 March to 15 March 2009. Furthermore, the vehicle must be a specially modified truck brought by the pilot in command, and the driver must be a specific individual who has previously performed the manoeuvre. The obligations under this exemption are stringent. CASA, as the governing authority, has imposed specific conditions to ensure safety. The exemption is limited to the exact performance described and the duration of the Air Show. The vehicle must be the one specially modified for the manoeuvre and operated by a named individual who has prior experience with the task. These conditions underscore CASA's commitment to maintaining high safety standards while allowing for unique and potentially high-risk activities. The exemption also falls under the Legislative Instruments Act 2003 (LIA), making it a disallowable instrument subject to parliamentary review. Despite being a personal exemption for a specific activity, it is still subject to the formalities of tabling and potential disallowance in Parliament. Failure to comply with the conditions of the exemption could have serious consequences. Under the LIA, any breach of the conditions set forth in the exemption could result in legal ramifications. While the explanatory statement does not detail specific penalties, breaches of aviation regulations generally attract significant penalties. Civil penalties can include fines, while criminal penalties might involve imprisonment, depending on the severity of the breach and the discretion of the court. The importance of adhering to the stipulated conditions cannot be overstated, given the potential for severe repercussions under aviation law.