CASA EX13/09 – Exemption – night acrobatic flight

Overview

The Civil Aviation Regulations 1988, as amended, contain regulations governing the safe conduct of air navigation in Australia. In 2009, the Australian International Air Show was scheduled to include a night acrobatic performance by two experienced pilots. In response to a request by the event organiser, an exemption was granted by the Civil Aviation Safety Authority (CASA) to allow the night acrobatic flights, which were otherwise prohibited under the Civil Aviation Regulations. This exemption was made under the authority of section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act in the interests of the safety of air navigation. The exemption was made as a legislative instrument and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. This exemption was granted under a specific delegate of CASA and only applies to the night display that is part of the official program approved by the organisers of the Air Show, and it was effective from 13 March 2009 until the end of that day.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) establish the framework for air navigation safety, and Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations under the Act. Specifically, paragraph 155(1)(a) of the CAR 1988 mandates that a pilot in command must not fly an aircraft in acrobatic flight at night. However, the Civil Aviation Safety Authority (CASA) has granted an exemption for the Australian International Air Show 2009 held at Avalon, Victoria, from 10 March 2009 to 15 March 2009. This exemption, which is a disallowable instrument under subregulation 308(4) of CAR 1988 and subject to the Legislative Instruments Act 2003, allows two experienced pilots to perform night acrobatic flights using specified aircraft during the air show. The exemption is limited to the night display as part of the official program approved by the Air Show organisers and is effective only from the commencement on 13 March 2009 until the end of the same day.

Key Provisions

The primary operative sections of this legislation pertain to the exemption granted for night acrobatic flights at the Australian International Air Show 2009 (paragraph 155(1)(a) of CAR 1988). Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, including exemptions, for the Act in the interests of air navigation safety. The exemption allows two specified pilots to conduct night acrobatic flights using specified aircraft at the Air Show, which falls outside the general prohibition on night acrobatic flights (section 155(1)(a) of CAR 1988). This exemption is for a controlled environment, limited to the official display program of the Air Show. The Act imposes certain obligations and requirements on the parties involved. The exemption is granted by the Civil Aviation Safety Authority (CASA), and it is valid only for the specified night display at the Air Show, which is scheduled from 10 March 2009 to 15 March 2009. The exemption applies to two experienced pilots who hold qualifications issued by the Federal Aviation Administration of the United States of America. The exemption is limited to the aircraft specified in the exemption and is effective only during the night display on 13 March 2009. The exemption is subject to strict adherence to safety protocols, given the controlled environment of the air show. In terms of consequences for breach, the exemption is a disallowable instrument under the Legislative Instruments Act 2003 (section 6(d)(i) of LIA). This means that it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. If the exemption is not properly followed or if there is any breach of safety protocols, CASA has the authority to take appropriate action, which may include revoking the exemption or taking legal action against the parties involved. The maximum penalties for non-compliance with the Civil Aviation Regulations 1988 can include fines and imprisonment, depending on the severity of the breach. The exemption, being a legislative instrument, ensures that there are clear and enforceable consequences for any failure to comply with the conditions set out in the exemption.