CASA EX17/06 - Exemption – powered weight shift controlled aircraft

Overview

The Civil Aviation Regulations 1988 were amended by the instrument F2006L01547, which was enacted in 2006, to address the need for specific regulations concerning the use of powered weight shift controlled aircraft in aerial work operations such as advertising, photography, surveying, and spotting. This amendment was made under the authority of the Civil Aviation Act 1988, with the Civil Aviation Safety Authority (CASA) being the enacting body. The objective of this instrument was to ensure that the operations of these aircraft could be conducted safely while allowing flexibility in the regulatory framework. The exemption provided by this instrument allows for powered weight shift controlled aircraft to operate under certain conditions, including pilot qualifications, engine failure contingencies, and operational parameters such as flight height and air traffic control adherence. This regulatory change was implemented to cater to the specific operational requirements of these aircraft while maintaining safety standards.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) exemption for powered weight shift controlled aircraft undertaking aerial work operations, including activities such as aerial advertising, aerial photography, aerial surveying, and aerial spotting, applies to specific aircraft that are exempt from certain regulatory provisions. This exemption is governed by section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act, and is further delineated under subregulation 308(1) of CAR 1988, which allows the Civil Aviation Safety Authority (CASA) to exempt certain aircraft from compliance with specified provisions of CAR 1988. The exemption is subject to conditions outlined in Schedule 1, which includes requirements such as the pilot holding a pilot certificate and an endorsement issued by the Hang Gliding Federation of Australia or Recreational Aviation Australia Inc, and adherence to the operations manual provided by the relevant AOC holder. Additionally, the exemption ensures the safety of the operations by stipulating that the pilot must be able to glide safely and land the aircraft in the event of an engine failure. Other conditions relate to operational parameters such as the maximum height of flight, the necessity of operating in accordance with air traffic control clearance in controlled airspace, and other operational requirements. The exemption is a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003, though consultation under section 17 of the LIA was not undertaken as the instrument is of a minor or machinery nature. The exemption is effective from the day after its registration and ceases to have effect at the end of 29 February 2008.

Key Provisions

The main operative sections of this legislation pertain to the exemption of powered weight shift controlled aircraft from certain provisions of the Civil Aviation Regulations 1988 (CAR 1988), subject to specific conditions. Subregulation 308(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt particular aircraft or categories of aircraft from compliance with specified provisions of the CAR 1988. This exemption covers powered weight shift controlled aircraft engaged in aerial work operations such as aerial advertising, photography, surveying, and spotting. The exemption conditions are detailed in Schedule 1, which includes requirements such as the pilot holding a specific pilot certificate and endorsement, compliance with an operations manual provided by the relevant Air Operator Certificate (AOC) holder, and the ability to glide safely and land in the event of an engine failure. The obligations imposed by this Act are stringent, ensuring safety and compliance in aerial operations. Pilots of powered weight shift controlled aircraft must hold a valid pilot certificate and the necessary endorsement from the Hang Gliding Federation of Australia or Recreational Aviation Australia Inc. These certificates must be in accordance with the operations manual provided by the AOC holder. Additionally, pilots must ensure that they can safely glide and land the aircraft in the event of an engine failure. The aircraft must also adhere to height restrictions, operate under air traffic control clearance when in controlled airspace, and comply with other operational requirements as outlined in the operations manual. Failure to comply with the conditions set forth in this legislation can lead to significant consequences. Breaches of the regulations may result in civil or criminal penalties. The maximum penalties for non-compliance can include fines and imprisonment, depending on the severity of the breach and the discretion of the court. The exemption is also subject to disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003, which means that the Parliament has the power to review and potentially disallow the exemption if it deems fit. Additionally, the exemption is a legislative instrument that must be tabled in Parliament, subjecting it to parliamentary scrutiny and oversight.