CASA EX142/12 - Exemption - powered weight shift controlled aircraft

Overview

The Civil Aviation Safety Regulations 1998, amended through the instrument F2012L01854, addresses the specific operational needs of powered weight shift controlled aircraft involved in aerial work operations. This legislation was introduced to provide a regulatory framework that balances safety concerns with the operational flexibility required for certain types of aerial work. The instrument allows for exemptions from certain provisions of the Civil Aviation Regulations 1988 for these aircraft, subject to conditions that ensure the preservation of safety standards. The objective is to facilitate the conduct of aerial advertising, photography, surveying, and spotting while maintaining an acceptable level of aviation safety. Enacted under the authority of the Civil Aviation Act 1988 and subject to the Legislative Instruments Act 2003, the instrument is designed to streamline operations for authorised pilots and operators, provided they adhere to the stipulated conditions and safety requirements.

Scope and Application

The Civil Aviation Safety Regulations 1998 Exemption—powered weight shift controlled aircraft applies specifically to powered weight shift controlled aircraft engaged in aerial work operations, including aerial advertising, aerial photography, aerial surveying, and aerial spotting. These aircraft are exempt from certain provisions of the Civil Aviation Regulations 1988, subject to conditions outlined in Schedule 1. The exemption is applicable to any person flying these aircraft, provided they hold a pilot certificate and endorsement issued by the Hang Gliding Federation of Australia or Recreational Aviation Australia Incorporated. The exemption also imposes conditions such as the requirement for the pilot to be able to glide safely to and land at an appropriate area in case of an engine failure, and adherence to operational requirements including height limitations and Air Traffic Control clearances when operating in controlled airspace. This exemption extends to the Commonwealth of Australia and is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. The exemption, as a legislative instrument, applies to a class of aircraft and does not engage any applicable rights or freedoms, thus being compatible with human rights.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) in this legislation are sections 11.160, 11.170, and 11.205 (1), which together provide a framework for the exemption of powered weight shift controlled aircraft from certain compliance requirements of the regulations. Section 11.160(1) allows the Civil Aviation Safety Authority (CASA) to exempt individuals or classes of individuals from specific provisions of the CASR 1998. Section 11.170(3) mandates that CASA must prioritise the preservation of at least an acceptable level of aviation safety. Finally, section 11.205 empowers CASA to impose any necessary conditions on an exemption and detail these conditions in an instrument of exemption. The obligations and requirements imposed by the Act on the parties or entities it governs include ensuring that powered weight shift controlled aircraft undertaking aerial work operations, such as aerial advertising, photography, surveying, and spotting, adhere to certain conditions. These conditions include being flown only by a pilot who holds a pilot certificate and the appropriate endorsement issued by the Hang Gliding Federation of Australia or Recreational Aviation Australia Incorporated. The aircraft must also be operated in accordance with the operations manual provided by the relevant Air Operator’s Certificate holder. Additionally, the exemption stipulates that the aircraft must be capable of a safe glide and landing in the event of an engine failure. Other operational conditions include restrictions on flight height and the requirement to comply with Air Traffic Control clearance when operating in controlled airspace. The Act outlines potential consequences for non-compliance with the imposed obligations and conditions. While specific penalties are not mentioned in the provided text, non-compliance with the Civil Aviation Safety Regulations 1998 generally may result in enforcement actions by CASA, which can include fines, revocation of permits, or other administrative penalties. Such actions are taken to ensure adherence to safety standards and to maintain the high level of aviation safety mandated by the Act. This legislative instrument, being a renewal of a previous exemption, is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. However, consultation under section 17 of the LIA has not been undertaken because the instrument is considered to be of a minor or machinery nature. The exemption is compatible with human rights, as it does not engage any applicable rights or freedoms, and thus does not raise any human rights issues. The instrument takes effect on the day of registration and will cease to be in force by the end of August 2015. It has been issued by a delegate of CASA under subregulation 11.260(1) of the CASR 1998, as per the authority granted by section 98(5A) of the Civil Aviation Act 1988. This exemption aims to facilitate safe aerial work operations by powered weight shift controlled aircraft, provided that stringent safety conditions are met.