CASA EX14/12 – Exemption – navigation and anti-collision lights

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2012L00403 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — navigation and anti-collision lights

 

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.

 

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A), CASA may grant an exemption from a provision of the Regulations, including the Civil Aviation Regulations 1988 (CAR 1988), or a provision of the Civil Aviation Orders (the CAOs), in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Subregulation 207 (2) of CAR 1988 provides that an Australian aircraft shall not be used in any class of operation unless it is fitted with such instruments and is fitted with or carries such equipment, including emergency equipment, as the Civil Aviation Safety Authority (CASA) approves or directs.

 

Subregulation 5 (1) of CAR 1988 provides that whenever CASA is empowered by CAR 1988 to give directions or approvals, it may do so in the CAOs.

 

Paragraph 3 of Appendix V to Civil Aviation Order 20.18 requires that aircraft must have 2 landing lights except when engaged in private and aerial work operations and charter operations not carrying passengers for hire and reward when it must have 1 light.

 

Subregulation 195 (1) of CAR 1988 requires that the pilot in command and the operator of an aircraft must comply with the rules requiring lights to be displayed in relation to the aircraft at night and in conditions of poor visibility.

 

Subregulation 196 (1A) provides that the operator and pilot in command of an aeroplane in flight, or operating on the manoeuvring area of a land aerodrome, must ensure that the lights required by this regulation 196 to be displayed on the aeroplane are displayed. Subregulation 196 (3) provides that unless CASA otherwise directs, an aeroplane in flight, or operating on the manoeuvring area of a land aerodrome, shall display, in addition to navigation lights, an anti-collision light consisting of a flashing red light.

 

Aerorescue Pty Limited (the operator) already operates fast, sophisticated turboprop aircraft at 5 locations around Australia that are equipped with surveillance equipment that can detect personnel, aircraft, and marine craft a long distance from their position.  The operator is currently contracted to the Australian Maritime Safety Authority to provide search and rescue capability nationally. The operator provides a platform for covert surveillance. Some of these operations require that external lights on the aircraft are turned off. The exemption will permit the operator to carry out covert surveillance without displaying some of the required lights.

 

To mitigate against the risks associated with such operations, conditions have been imposed. The pilot in command and the operator must ensure that the ELTA Radar System is operative. Aircraft must not be closer to another aircraft than 10 nautical miles. That distance may be reduced to 3 nautical miles in the case of a target aircraft as defined.

 

Application of Legislative Instruments Act 2003 (the LIA)

Exemptions issued under regulation 11.160 of CASR 1998 are issued under subsection 98 (5A) of the Act. Subsection 98 (5AA) of the Act states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons or a class of aircraft. This exemption applies to a class of aircraft and so is a legislative instrument.

 

Consultation

Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is an exemption requested for covert surveillance and border protection operations. It replaces instrument CASA EX04/10 which ceased to have effect at the end of February 2012. A similar instrument would be issued for operations of this nature to any operator who is able to meet all requirements.

 

Human Rights Compatibility

This legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.

 

Commencement and delegation

The instrument comes into effect on 1 March 2012. It stops having effect at the end of February 2015.

 

The exemption has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

[Instrument number CASA EX14/12]

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide comprehensive safety regulations for air navigation in Australia, aligning with the Civil Aviation Act 1988. These regulations were established to address the need for stringent safety measures and to ensure the orderly development of civil aviation within the country. The regulations were enacted by the Governor-General and are enforced by the Civil Aviation Safety Authority (CASA), with a policy objective to maintain the highest safety standards in air navigation. One specific exemption pertains to the use of navigation and anti-collision lights for aircraft involved in covert surveillance operations, such as those carried out by Aerorescue Pty Limited. This exemption, granted under subregulation 11.160 of the CASR 1998, allows for certain operations to proceed without displaying all required lights to mitigate risks associated with covert surveillance, subject to conditions including the operation of specific radar systems and maintaining a minimum distance from other aircraft.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 empower the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Specifically, subregulation 11.160 of the CASR 1998 allows the Civil Aviation Safety Authority (CASA) to grant exemptions from certain provisions of the Civil Aviation Regulations 1988 (CAR 1988) or the Civil Aviation Orders (CAOs) for particular matters, including those related to navigation and anti-collision lights. This exemption applies to a class of persons or aircraft, and in this instance, it has been issued to Aerorescue Pty Limited, an operator providing search and rescue and covert surveillance services. The exemption permits the operator to turn off certain external lights on their aircraft during covert surveillance operations, subject to conditions designed to mitigate risks, such as ensuring the ELTA Radar System is operative and maintaining specific distances from other aircraft. This exemption is a legislative instrument under the Legislative Instruments Act 2003 and comes into effect on 1 March 2012, ceasing to have effect at the end of February 2015. The exemption does not engage any human rights issues and is compatible with human rights as it does not raise any such issues.

Key Provisions

The primary operative sections of this legislation concern exemptions under the Civil Aviation Safety Regulations 1998 (CASR 1998) and the Civil Aviation Orders (CAOs). Specifically, Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the Act in the interest of air navigation safety. Subregulation 11.160(1) of CASR 1998 empowers the Civil Aviation Safety Authority (CASA) to grant exemptions from provisions of the Regulations, CAR 1988, or CAOs for specific matters. Subregulation 11.160(2) further clarifies that these exemptions can apply to an individual or a class of persons. The exemption granted in this case relates to the operation of aircraft by Aerorescue Pty Limited for covert surveillance purposes, allowing them to turn off certain navigation and anti-collision lights under specific conditions. The obligations and requirements imposed by this Act on the parties involved are stringent. The operator, Aerorescue Pty Limited, must ensure that their ELTA Radar System is operational at all times. Additionally, the aircraft must maintain a minimum distance of 10 nautical miles from other aircraft, although this can be reduced to 3 nautical miles if targeting a defined target aircraft. The pilot in command and the operator must adhere to these conditions to mitigate the risks associated with flying without certain lights. Breaches of the conditions outlined in this exemption may lead to various consequences. While specific offences and penalties are not detailed in the text, general provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply. Violations could result in enforcement actions by CASA, which might include fines, suspension of operational permits, or other regulatory measures. The maximum penalties for aviation safety breaches can vary, but they often include substantial fines and potential imprisonment for serious offences. The specific consequences would depend on the nature and severity of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.