CASA EX17/11 – Exemption – display of landing lights and navigation and anti-collision lights

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to establish comprehensive standards and regulations to ensure the safety of civil aviation operations in Australia. The regulations empower the Civil Aviation Safety Authority (CASA) to make detailed directives, including those related to the display of lighting on aircraft. The Civil Aviation Regulations 1988, amended by F2011L00286, were introduced to address the specific safety concerns arising from a proposed night aerobatic performance at the Australian International Air Show 2011. The exemption, granted by the Director of Aviation Safety on behalf of CASA, allows for the temporary waiver of certain lighting requirements for two aircraft involved in the air show, recognising the controlled environment and unique circumstances of the event. This legislative instrument, subject to the Legislative Instruments Act 2003, allows for the exemptions to be tabled and disallowed by Parliament, though consultation was not required for this specific exemption due to its limited scope and duration.

Scope and Application

The Civil Aviation Regulations 1988, as amended by this exemption, apply to the operators of specific aircraft participating in the Australian International Air Show 2011 held at Avalon, Victoria, from 1 March 2011 to 6 March 2011 inclusive. The exemption pertains to two aircraft involved in night aerobatic performances during the air show, specifically exempting them from the requirements to display navigation and anti-collision lights, as well as to have landing lights fitted. This exemption is granted by the Civil Aviation Safety Authority (CASA) under the authority vested in them by the Civil Aviation Act 1988. The exemption is geographically limited to the event period and location, ensuring it does not extend beyond the specified timeframe and venue. The exemption is a legislative instrument, as declared under the Legislative Instruments Act 2003, and is subject to tabling and disallowance in the Parliament. Although consultation under the Legislative Instruments Act has not been undertaken, this exemption aligns with previous similar exemptions issued for comparable air show displays.

Key Provisions

The key sections of the Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Orders (CAO) provide the framework for the operation of aircraft in Australia, focusing on safety and compliance with specific requirements. Subregulation 207(2) of CAR 1988 mandates that an Australian aircraft must be equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) or directed by them before it can be used in any class of operation (207(2)). Subregulation 5(1) allows CASA to provide such directions and approvals through Civil Aviation Orders (CAO), which are detailed in Appendix V of CAO 20.18 (5(1)). Specifically, paragraph 3 of Appendix V to CAO 20.18 requires that aircraft typically need two landing lights unless they are involved in private or aerial work operations or charter operations not carrying passengers for hire and reward, in which case one landing light is sufficient (3 of Appendix V to CAO 20.18). Furthermore, subregulation 195(1) of CAR 1988 requires that both the pilot in command and the aircraft operator must comply with rules regarding the display of lights at night or in poor visibility conditions (195(1)). Subregulation 196(3) provides that, unless otherwise directed by CASA, an aeroplane must display an anti-collision light consisting of a flashing red light when in flight or operating on the manoeuvring area of a land aerodrome, in addition to the required navigation lights (196(3)). The obligations imposed by these provisions on the parties and entities they govern include ensuring that aircraft are equipped with the necessary instruments and equipment approved or directed by CASA. Specifically, aircraft operators must comply with the lighting requirements both in terms of the number and type of lights and the circumstances under which they must be displayed. This means that aircraft must be fitted with the appropriate number of landing lights and must display navigation and anti-collision lights as required, unless exempted by CASA. The exemption granted by CASA for the Australian International Air Show 2011 is an example of how CASA can direct deviations from these requirements under specific circumstances. In this case, CASA exempted two aircraft from the requirements to display navigation lights and anti-collision lights and to have landing lights fitted, provided the exemption was limited to the night displays during the Air Show at Avalon, Victoria, from 1 March 2011 to 6 March 2011 (Explanatory Statement). This exemption was granted under the authority provided by subsection 73(2) of the Civil Aviation Act 1988, which allows CASA to make such exemptions in the interests of safety. Failure to comply with the provisions of CAR 1988 and CAO can result in civil or criminal penalties. Under subregulation 308(4) of CAR 1988, an exemption such as the one granted for the Air Show is a disallowable instrument, meaning it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA) (308(4)). Although consultation under section 17 of the LIA was not undertaken in this specific case, exemptions of this nature are typically subject to parliamentary scrutiny to ensure they do not compromise safety. The exemption for the Air Show is effective from 24 February 2011 until the end of 6 March 2011 and applies only to the night displays approved by the Air Show organisers. This temporary exemption was made by the Director of Aviation Safety on behalf of CASA, ensuring that the exemption is both legally valid and aligned with safety considerations (Explanatory Statement).