Explanatory Statement
Civil Aviation Regulations 1988
Exemption — display of landing lights and navigation and anti-collision lights
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 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that an Australian aircraft shall not be used in any class of operation unless it is fitted with such instruments and is fitted with or carries such equipment, including emergency equipment, as the Civil Aviation Safety Authority (CASA) approves or directs.
Subregulation 5 (1) of CAR 1988 provides that whenever CASA is empowered by CAR 1988 to give directions or approvals, it may do so in Civil Aviation Orders (the CAOs).
Paragraph 3 of Appendix V to Civil Aviation Order 20.18 requires that aircraft must have 2 landing lights except when engaged in private and aerial work operations and charter operations not carrying passengers for hire and reward when it must have 1 light.
Subregulation 195 (1) of CAR 1988 requires that the pilot in command and the operator of an aircraft must comply with the rules requiring lights to be displayed in relation to the aircraft at night and in conditions of poor visibility. Subregulation 196 (3) provides that unless CASA otherwise directs, an aeroplane in flight or operating on the manoeuvring area of a land aerodrome shall display, in addition to navigation lights, an anti-collision light consisting of a flashing red light.
The Australian International Air Show 2011 (the Air Show) is scheduled to be held at Avalon, Victoria, from 1 March 2011 to 6 March 2011 inclusive. The organiser, Aviation Development Australia Limited, has proposed a display program that includes night aerobatic performances. The 2 aircraft to be used are not fitted with landing lights, also, during the display, they will not display their navigation and anti‑collision lights. The operators of the aircraft have asked for an exemption from these requirements.
Having considered the safety implications of the request for the exemptions in the context of the controlled environment of the Air Show, CASA has agreed to grant the exemptions from the requirement to display navigation lights and anti-collision lights and to have landing lights fitted to the aircraft.
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
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is an exemption requested for a specific activity during a specified period. Similar instruments have been issued for displays of this nature.
The instrument commences on 24 February 2011 and stops having effect at the end of 6 March 2011. It will only apply to the night display that is part of the official program approved by the organisers of the Air Show.
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
[Instrument number CASA EX17/11]