CASA EX140/11 - Exemption - operations by hang-gliders in the Forbes Flatlands Hang Gliding Championships 2011-2012

Overview

The Civil Aviation Safety Regulations 1998 were amended by the instrument F2011L02785 to exempt certain operations by hang-gliders during the Forbes Flatlands Hang Gliding Championships 2011-2012, aiming to address the unique requirements of the event while maintaining the safety standards set by the Civil Aviation Act 1988. Enacted by the Australian Government under the authority vested in the Civil Aviation Safety Authority (CASA), this exemption allows participants in the Championships to operate hang-gliders without the need for a serviceable V.H.F. radio or a radiotelephone qualification, which are otherwise mandatory for such aircraft in certified and registered aerodromes. This exemption recognises the distinct nature of hang-gliding activities and the logistical challenges they present during large-scale competitions, while ensuring that safety remains the paramount consideration. The exemption is subject to stringent conditions designed to mitigate any potential risks to air navigation safety. These conditions include the establishment of ground communications stations at the competition sites to manage the airspace around the event, restrictions on the use of aerodromes during certain hours, and requirements for pilots to communicate and coordinate with other airspace users. The exemption also mandates that the Championship organisers brief participants on operational boundaries and procedures, and that these details are published in daily NOTAMS. This approach reflects the policy objective of balancing the need to foster and regulate competitive sporting activities with the overarching goal of ensuring public safety.

Scope and Application

The Civil Aviation Safety Regulations 1998 Exemption—Operations by Hang-gliders in the Forbes Flatlands Hang Gliding Championships 2011-2012, made under the Civil Aviation Act 1988, provides a specific exemption for the operation of hang-gliders during the Forbes Flatlands Hang Gliding Championships held at Forbes and Parkes aerodromes. This exemption allows participants to fly hang-gliders without the aircraft carrying a serviceable aircraft V.H.F. radio and without the pilot having a radiotelephone qualification, which are otherwise mandatory under the Civil Aviation Regulations 1988. However, it is important to note that this exemption is subject to stringent conditions designed to maintain an acceptable level of safety, including the establishment of ground communication stations at the aerodromes and the imposition of specific operational restrictions and briefings for participants. This exemption applies to a class of aircraft and thus falls under the legislative instruments framework, requiring registration and parliamentary oversight. The exemption is in effect from 28 December 2011 until 14 January 2012, ensuring it covers the duration of the Championships.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the framework for granting exemptions from specific provisions to ensure the safe navigation and operation of aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations, and under subregulation 11.160(1) of CASR 1998, the Civil Aviation Safety Authority (CASA) can grant exemptions from compliance with certain provisions of the regulations. This authority includes the ability to grant exemptions on its own initiative, as outlined in subregulation 11.160(3), but only after considering the paramount importance of maintaining an acceptable level of safety, as per subregulation 11.170(3). Additionally, CASA can impose conditions on any exemption granted if necessary for the safety of air navigation, as stated in subregulation 11.205(1). Non-compliance with these conditions is an offence under regulation 11.210. Details of any exemption must be published on the Internet as per regulation 11.225, and the exemption itself ceases on the specified date, but no longer than three years after its commencement, or three years after its commencement if no date is specified, as per subregulation 11.230(1). The obligations imposed by this specific exemption for the Forbes Flatlands Hang Gliding Championships 2011-2012 include the establishment of ground communications stations at Forbes aerodrome daily and at Parkes aerodrome when weather conditions necessitate it. These stations are essential to advise other aircraft of the area of activity and the location of the hang-gliders. Additionally, Forbes aerodrome will be closed to all other aircraft between 1100 hours and 1500 hours during the competition. The exemption also mandates that only hang-gliders carrying serviceable V.H.F. radios may operate near Parkes aerodrome for one hour before or after the scheduled arrival or departure of a regular public transport aircraft. Championship organisers are required to brief participants daily on the boundaries of the competition flight zone, operational requirements, and applicable procedures as published in NOTAMS. They must also arrange with CASA for the publication of daily NOTAMS outlining the boundaries of the areas of activity and the applicable procedures. Pilots in command must adhere to the procedures published in the NOTAMS relevant to the Championships. Failure to comply with the conditions of this exemption constitutes an offence. Under regulation 11.210 of CASR 1998, non-compliance with a condition of an exemption is punishable by law. The exemption applies to a class of aircraft, making it a legislative instrument that must be registered, tabled, and subject to disallowance in the Parliament, as per sections 24, 38, and 42 of the Legislative Instruments Act 2003. The exemption was developed through consultation with The Hang Gliding Federation of Australia Incorporated and the Championship organisers, ensuring that the agreed terms align with the safety requirements and operational needs of the event. This instrument comes into effect on 28 December 2011 and ceases to have effect at the end of 14 January 2012, as per the specified commencement and cessation dates.