CASA EX12/09 – Exemption – power-assisted glider at the Australian International Air Show, Avalon

Overview

The Civil Aviation Regulations 1988, as amended, provide the regulatory framework for civil aviation in Australia, and section 98 of the Civil Aviation Act 1988 empowers the Governor-General to enact regulations in the interests of air navigation safety. One such regulation allows the Civil Aviation Safety Authority (CASA) to grant exemptions from specified provisions of the Civil Aviation Regulations 1988 to certain individuals or entities, subject to safety conditions. This legislative flexibility was employed to address a unique situation at the Australian International Air Show held in Avalon, Victoria, from 10 to 15 March 2009. The exemption was necessary to accommodate a display by a United States pilot using a power-assisted glider, which required deviations from standard regulatory requirements. The exemption was granted under Civil Aviation Order 95.4, tailored to the specific circumstances of the Air Show, and was subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. While the exemption was issued by a delegate of CASA, consultation under the Legislative Instruments Act 2003 was deemed unnecessary for this personal, event-specific exemption.

Scope and Application

The exemption provided under section 98 of the Civil Aviation Act 1988 applies to a specific individual, the pilot from the United States of America, and his power-assisted glider, which will be used for a display at the Australian International Air Show held at Avalon, Victoria, from 10 March 2009 to 15 March 2009. This exemption is granted to allow the pilot and his aircraft to participate in the air show while being exempt from certain provisions of the Civil Aviation Regulations 1988. These exemptions are made in the interests of safety and are subject to the pilot complying with any conditions specified by the Civil Aviation Safety Authority (CASA) to ensure safety. The exemption is based on Civil Aviation Order 95.4, which provides exemptions for gliders, powered sailplanes, and power-assisted sailplanes. The exemption is a legislative instrument and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption is effective only for the duration of the air show, from 10 March 2009 to 15 March 2009.

Key Provisions

The key provisions of the Civil Aviation Regulations 1988 (CAR 1988) as outlined in the document, particularly in subregulation 308(1), allow the Civil Aviation Safety Authority (CASA) to grant exemptions to certain regulatory requirements for specific aircraft categories, such as the power-assisted glider proposed for the Australian International Air Show at Avalon. This exemption is intended to ensure the safety of air navigation during the event. Specifically, the exemption, as detailed in subregulation 308(3), is subject to any conditions CASA deems necessary for safety. The exemption leverages the provisions of Civil Aviation Order 95.4 (CAO 95.4), which permits gliders and sailplanes to operate under certain conditions, provided they meet the applicable safety standards. The obligations imposed on the parties governed by this Act include strict compliance with any conditions set by CASA to ensure the safety of the air show activities. The pilot, in this case, must adhere to all specified conditions to be eligible for the exemption. This includes following any operational protocols or technical specifications that CASA may require to mitigate any safety risks associated with the display of the power-assisted glider. The organiser, AirShows DownUnder, must also ensure that all conditions are met and that the display complies with the exemption granted by CASA. Failure to comply with the conditions of the exemption could result in legal and regulatory repercussions. Under the Legislative Instruments Act 2003 (LIA), the exemption is considered a disallowable instrument, which means it can be subject to parliamentary disallowance. Furthermore, any breach of the conditions set by CASA could lead to civil or criminal penalties, although the specific penalties are not detailed in the provided document. The overarching principle is that any non-compliance could potentially jeopardise the safety of the air show and the surrounding area, leading to serious consequences for the parties involved.