CASA EX12/07 - Exemption - night acrobatic flight

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide comprehensive regulations for civil aviation in Australia, aiming to ensure the safety of air navigation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations under the Act, and these regulations are enforced by the Civil Aviation Safety Authority (CASA). The problem this piece of legislation addresses is the safety concerns associated with night acrobatic flights, as per the requirement in paragraph 155(1)(a) of the CAR 1988 that prohibits such flights. The proposed exemption aims to balance these safety concerns with the unique demands of a specific event, the Australian International Air Show 2007, which included night aerobatic performances requested by the event's organiser. CASA granted the exemption for Robert Jay Carlton, the pilot in command of a specific aircraft, to perform acrobatic flights during the air show, considering the controlled environment of the event.

Scope and Application

The Civil Aviation Regulations 1988, under section 98 of the Civil Aviation Act 1988, grant the Governor-General the authority to create regulations for the safety of air navigation. This includes prohibiting a pilot in command from flying an aircraft in acrobatic flight at night, as stipulated in paragraph 155 (1) (a). However, in response to a specific request from Aviation Development Australia Limited, the Civil Aviation Safety Authority (CASA) has granted an exemption to allow Robert Jay Carlton, the pilot in command of the Alisport SRL Silent-IN jet glider N320AM, to perform acrobatic flights at night during the Australian International Air Show 2007 held at Avalon, Victoria. This exemption, which is a legislative instrument, is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The exemption applies solely to the night display scheduled as part of the official Air Show program and is effective from the start of 23 March 2007 until the end of the same day. This exemption is granted by the Deputy Chief Executive Officer, Operations, acting as a delegate of CASA, in accordance with subregulation 7 (1) of the Civil Aviation Regulations 1988.

Key Provisions

The key provisions of the instrument, F2007L00756, centre on the exemption granted under Section 98 of the Civil Aviation Act 1988 (the Act) and the subsequent regulations as outlined in the Civil Aviation Regulations 1988 (CAR 1988). Specifically, subregulation 308(4) of CAR 1988 allows for the exemption of certain activities deemed necessary for the safety of air navigation. In this instance, the exemption pertains to night acrobatic flights, which are generally prohibited under paragraph 155(1)(a) of CAR 1988. The exemption is made to accommodate the specific night aerobatic performances requested by Aviation Development Australia Limited for the Australian International Air Show 2007, held at Avalon, Victoria. This exemption imposes certain obligations on the parties involved. Firstly, the pilot in command, Robert Jay Carlton, must adhere to the terms and conditions stipulated by the exemption. This includes ensuring that the acrobatic flights are conducted within the approved program and timeframe of the Air Show, which is from 9 March to 25 March 2007. The organiser, Aviation Development Australia Limited, must also ensure that the night display is part of the official program and complies with all other relevant regulations. The Civil Aviation Safety Authority (CASA) has a responsibility to monitor compliance with the exemption to maintain safety standards. The instrument does not specify explicit offences, penalties, or consequences for breach within its text. However, under the Legislative Instruments Act 2003 (LIA), the exemption is a disallowable instrument, which means it is subject to disallowance in the Parliament. If there is a breach of the conditions set by the exemption, CASA may take appropriate enforcement actions. Although the exact penalties for breach are not detailed in the explanatory statement, breaches of civil aviation regulations generally attract significant fines and potential criminal charges under the Civil Aviation Act 1988, with maximum penalties varying depending on the severity of the breach.