CASA EX14/09 – Exemption – display of landing lights and navigation and anti-collision lights

Overview

The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, provide a comprehensive framework for the regulation of civil aviation in Australia. The 1988 Act was introduced to address the need for stringent safety regulations in the rapidly growing aviation sector, aiming to protect the public and ensure the safety of air navigation. In this context, the Australian International Air Show 2009 required specific exemptions to standard lighting requirements for certain aircraft involved in night aerobatic performances. The Civil Aviation Safety Authority (CASA), empowered by section 98 of the Civil Aviation Act 1988, issued an exemption under subregulation 207 of the Civil Aviation Regulations 1988, allowing the aircraft involved in the show to forgo the display of landing, navigation, and anti-collision lights during the night performances. This exemption was granted considering the controlled environment of the air show and was subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption was effective for the duration of the night display on 13 March 2009, aligning with the policy objective of balancing safety with the unique demands of air show operations.

Scope and Application

The Civil Aviation Regulations 1988, specifically subregulation 207(2), generally require that Australian aircraft must be fitted with approved instruments and equipment, including emergency equipment, and must display landing, navigation, and anti-collision lights. However, these requirements can be subject to exemptions under certain conditions to ensure safety in specific contexts, such as during special events like the Australian International Air Show held at Avalon, Victoria. In this case, CASA has granted an exemption from the requirements to display navigation lights and anti-collision lights and to have landing lights fitted to two specific aircraft used for night aerobatic performances at the Air Show, considering the controlled environment and safety implications of such a display. This exemption, which is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, applies only to the night display that is part of the official program approved by the Air Show organisers, and it is effective from the beginning of 13 March 2009 to the end of the same day.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) are governed by the Civil Aviation Act 1988 (the Act) and the Civil Aviation Orders (CAOs) issued by the Civil Aviation Safety Authority (CASA). In particular, subregulation 207(2) of CAR 1988 stipulates that an Australian aircraft cannot be used unless it is equipped with approved instruments and equipment, including emergency equipment. Meanwhile, subregulation 5(1) of CAR 1988 empowers CASA to issue directions or approvals through CAOs, while subregulation 195(1) mandates that pilots in command and aircraft operators must comply with rules for displaying lights at night and in poor visibility conditions. Additionally, subregulation 196(3) requires aeroplanes in flight or on a land aerodrome's manoeuvring area to display an anti-collision light unless otherwise directed by CASA. Given this legislative framework, CASA has issued an exemption for a specific event: the Australian International Air Show (Air Show) held at Avalon, Victoria, from 10 March 2009 to 15 March 2009. The exemption, as detailed in subregulation 308(4) of CAR 1988, pertains to the display of landing lights and navigation and anti-collision lights for two aircraft involved in night aerobatic performances. This exemption was granted due to the controlled environment of the Air Show and has been issued under subregulation 7(1) of CAR 1988 by a delegate of CASA. This exemption, being a disallowable instrument, is also subject to the provisions of the Legislative Instruments Act 2003 (LIA) and must be tabled and may be disallowed by Parliament under sections 38 and 42 of the LIA. The exemption applies specifically to the night display approved by the Air Show organisers and is in effect from the beginning of 13 March 2009 until the end of that day. It is important to note that while similar exemptions have been issued for comparable displays, this particular exemption does not require consultation under section 17 of the LIA, given its specific nature and the precedent set by previous similar instruments. Violating the provisions of the Civil Aviation Regulations 1988 or any exemptions granted by CASA can result in various penalties. For instance, non-compliance with the rules governing aircraft equipment and lighting could lead to civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach. Under the Civil Aviation Act 1988, penalties for breaches of regulations can include fines of up to $13,200 for individuals and $66,000 for corporations, along with potential imprisonment terms. Moreover, CASA retains the authority to impose additional administrative penalties and sanctions, such as suspension or revocation of an aircraft operator's certificate or a pilot's licence.