Explanatory Statement
Civil Aviation Regulations 1988
Exemption — operations by RAA aircraft in the Avalon International Air Show temporary restricted areas
Legislation
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 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (2) provides that before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Subregulation 308 (3) provides that CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety.
This exemption is required because of the decision to declare areas in the vicinity of Avalon aerodrome to be temporary restricted areas (TRA) under regulation 6 of the Airspace Regulations 2007. The purpose of this declaration is to enable the operation of certain sport and recreational aircraft in the vicinity of Avalon aerodrome during the Avalon International Air Show to be held in March 2009.
Sport and recreational aircraft operate at, and in the vicinity of, Avalon aerodrome and have done so for a long time. This exemption operates to allow some of those aircraft to continue to operate in the TRA, subject to their meeting the conditions specified in Schedule 1. The aircraft to which the exemption applies are aircraft operated in accordance with Civil Aviation Orders (CAO) 95.10, CAO 95.32 and CAO 95.55. These CAOs are, in fact, exemptions from various provisions of CAR 1988 that apply to the aircraft mentioned in them, recognising that because of their construction and performance they could not meet all the requirements of CAR 1988. CAO 95.10 applies to privately-built, single-place ultralight aeroplanes. CAO 95.32 applies to weight shift controlled aeroplanes and powered parachutes. CAO 95.55 applies to a variety of aircraft that have to meet one of the different sets of criteria set out in section 1 of that CAO. The aircraft have to be registered with Recreational Aviation Australia Incorporated (RAA) or the Hang Gliding Federation of Australia (HGFA).
All the CAOs provide their exemptions subject to compliance with sets of conditions relating to a variety of matters. In all 3 CAOs, one of the conditions, subparagraph 5.1 (e), prohibits flights in active restricted or prohibited areas.
This exemption allows the relevant aircraft to operate in the TRAs in the vicinity of Avalon aerodrome subject to compliance with all the other conditions in the CAOs. There are also additional conditions in Schedule 1 that have to be met by the aircraft and are conditions for all other aircraft operations in the restricted area. All the aircraft have to be fitted with a radio capable of two-way communication with Air Traffic Control and Certified Air/Ground Radio Service. The pilot in command must hold a pilot certificate with a radio operator endorsement. He or she must also fly in accordance with Aeronautical Information Publication (AIP) Supplement H01/09 dated 15 January 2009. The pilot and aircraft must also be registered with AirShows DownUnder, the organising body for the Air Show if operating into the main Avalon aerodrome but not if operating into Avalon East.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
CASA has consulted with RAA, HGFA and the provider of Air Traffic Control services. The terms of the exemption have been agreed to and published in AIP.
The instrument commences on 6 March 2009 and stops having effect at the end of 16 March 2009.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX17/09]
Overview
The Civil Aviation Regulations 1988, amended by F2009L00694, were introduced to address the specific operational needs during the Avalon International Air Show in March 2009. This amendment was enacted to facilitate the operation of certain sport and recreational aircraft in temporary restricted areas around Avalon aerodrome, which had been declared to ensure safety during the air show. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, and the policy objective of this amendment was to allow certain exempted aircraft to operate within these restricted areas while maintaining safety standards. The Australian Civil Aviation Safety Authority (CASA) made this exemption under subregulation 308(1) of the Civil Aviation Regulations 1988, taking into account relevant safety considerations and subjecting the exemption to specific conditions. This measure ensures that the aircraft operated by Recreational Aviation Australia Incorporated (RAA) and the Hang Gliding Federation of Australia (HGFA) can continue their activities without breaching safety regulations, provided they comply with all stipulated conditions.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) Exemption pertains to operations by RAA aircraft in the Avalon International Air Show temporary restricted areas, established under the authority granted by section 98 of the Civil Aviation Act 1988. This exemption applies specifically to aircraft operated in accordance with Civil Aviation Orders (CAO) 95.10, CAO 95.32, and CAO 95.55, which themselves provide exemptions from certain provisions of CAR 1988. These aircraft must be registered with Recreational Aviation Australia Incorporated (RAA) or the Hang Gliding Federation of Australia (HGFA) and meet specific conditions, including the use of a radio capable of two-way communication with Air Traffic Control and adherence to the Aeronautical Information Publication (AIP) Supplement H01/09 dated 15 January 2009. The exemption is intended to facilitate the operation of sport and recreational aircraft during the Avalon International Air Show, which is held in March, by allowing these aircraft to operate within the temporary restricted areas around Avalon aerodrome. The exemption is subject to the conditions specified in Schedule 1 and must be registered with AirShows DownUnder if operating into the main Avalon aerodrome. This exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. The instrument is effective from 6 March 2009 until the end of 16 March 2009.
Key Provisions
The key operative sections of this legislation, namely the Civil Aviation Regulations 1988 (CAR 1988) and the Airspace Regulations 2007, provide the authority for the exemption of certain aircraft from specific provisions of CAR 1988. Section 98 of the Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations for the Act in the interests of the safety of air navigation. Subregulation 308(1) of CAR 1988 provides that the Civil Aviation Safety Authority (CASA) may exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of CAR 1988. This exemption is necessary due to the declaration of temporary restricted areas (TRA) around Avalon aerodrome to facilitate the Avalon International Air Show in March 2009. The exemption allows certain sport and recreational aircraft to continue operating in the TRA, provided they meet the conditions specified in Schedule 1.
The obligations and requirements imposed by this Act on the parties or entities it governs are multifaceted. Aircraft operators must ensure their aircraft meet the criteria set out in Civil Aviation Orders (CAO) 95.10, CAO 95.32, and CAO 95.55, which provide exemptions from various CAR 1988 provisions. These aircraft must also be registered with Recreational Aviation Australia Incorporated (RAA) or the Hang Gliding Federation of Australia (HGFA). Additionally, all aircraft must be fitted with a radio capable of two-way communication with Air Traffic Control and a Certified Air/Ground Radio Service. The pilot in command must hold a pilot certificate with a radio operator endorsement and fly in accordance with the Aeronautical Information Publication (AIP) Supplement H01/09 dated 15 January 2009. Furthermore, the pilot and aircraft must be registered with AirShows DownUnder, the organising body for the Air Show if operating into the main Avalon aerodrome.
There are significant consequences for breach of the provisions in this legislation. Subregulation 308(4) of CAR 1988 declares an exemption to be a disallowable instrument under the Legislative Instruments Act 2003 (LIA). This means the exemption is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. Failure to comply with the conditions set out in the exemption or operating in the TRA without the necessary exemptions and registrations could result in enforcement actions by CASA. The specific penalties for non-compliance are not detailed in the explanatory statement, but generally, breaches of civil aviation regulations can lead to fines, suspension or revocation of pilot certificates, and other administrative actions. In severe cases, criminal charges may also be applicable.