Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — powered weight shift controlled aircraft
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that CASA may exempt a person, or class of persons, from compliance with a provision of CASR 1998. Subregulation 11.170 (3) provides that CASA must regard the preservation of a level of aviation safety that is at least acceptable as paramount. Regulation 11.205 provides that CASA may impose on an exemption any condition necessary in the interests of safety and set out that condition in an instrument of exemption.
The instrument exempts powered weight shift controlled aircraft undertaking aerial work operations, including aerial advertising, aerial photography, aerial surveying and aerial spotting, from compliance with certain Parts and provisions of the Civil Aviation Regulations 1988.
The exemption is subject to conditions set out in Schedule 1. According to the conditions, powered weight shift controlled aircraft may only be flown by a person who holds a pilot certificate and endorsement issued by the Hang Gliding Federation of Australia or Recreational Aviation Australia Incorporated and in accordance with the operations manual provided by the relevant Air Operator’s Certificate holder.
The conditions also ensure that a powered weight shift controlled aircraft is not flown unless, in the event of an engine failure, the pilot is able to glide safely to, and land at, an appropriate area. Additional conditions relate to the height at which powered weight shift controlled aircraft may be flown, the requirement to operate in accordance with Air Traffic Control clearance when in controlled airspace, and other operational requirements.
The classes of aircraft are such that it is not possible to outline all conditions in the instrument. Other conditions will be incorporated into the operator’s operations manual.
Legislative Instruments Act
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or Civil Aviation Orders. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The instrument applies to a class of aircraft. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
Consultation
Consultation under section 17 of the LIA has not been undertaken because the instrument is of a minor or machinery nature. It renews a previous instrument, CASA 72/10, which permitted powered paragliders to be used for aerial work operations.
Human Rights Compatibility Statement
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 making
The instrument commences on the day of registration and stops having effect at the end of August 2015.
The exemption has been made by a delegate of CASA under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX142/12]