EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
EXEMPTION FROM THE REQUIREMENTS OF
PARAGRAPH 244 (1) (c)
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, among other things, exempt a category of aircraft or persons associated with the operation of those aircraft from compliance with specified provisions of CAR 1988.
Subregulation 308 (3) provides that such an exemption is subject to the aircraft or persons exempted complying with any conditions specified by CASA as being necessary in the interests of safety.
Under subregulation 308 (4), such an exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Under subregulation 244 (1), the pilot in command of an aircraft is required to ensure that all external surfaces of an aircraft are completely free from frost and ice before take-off.
In respect of operations by larger aircraft, it is possible to take-off with limited amounts of frost and ice, subject to compliance with proper procedures. This exemption permits aircraft with a maximum take-off weight of more than 5,700 kg and engaged in regular public transport operations to take-off with residual traces of snow, frost and ice subject to compliance with the stated conditions. Under the conditions the pilot in command must ensure that appropriate procedures, as defined, have been used to remove all but residual snow, frost and ice from the aircraft. The pilot in command must also be satisfied that any residual snow, frost or ice will not affect aircraft performance or the performance of any equipment or instruments.
The exemption came into effect on gazettal and stops having effect at the end of June 2006.
This exemption has been issued by the Director of Aviation Safety in accordance with subsection 84A (2) of the Act, having taken into account any relevant considerations relating to safety.
[Exemption Number: CASA EX11/2003]