Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA EX174/17 — Corryong 2018 Hang Gliding Cup and 2018 Paragliding Open Instrument 2017
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Subsection 98 (5A) of the Act provides that the Regulations may empower CASA to issue instruments in relation to the following:
(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or
(b) the airworthiness of, or design standards for, aircraft.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the Regulations, including the Civil Aviation Regulations 1988 (CAR), or a provision of the Civil Aviation Orders, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
Under subregulation 11.205 (1) of CASR, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.210 of CASR, failure to comply with a condition of an exemption is a strict liability offence.
Under regulation 11.225 of CASR, an exemption must be published on the Internet. Under subregulation 11.230 (1), the maximum duration of an exemption is 3 years.
Under subregulation 11.245 (1) of CASR, CASA may issue directions about, among other things, any matter affecting the safe navigation and operation of aircraft. Under subregulation 11.245 (2), CASA may only issue a direction if the direction is for the purpose of CASA’s functions and not inconsistent with the Act, and if CASA is satisfied that the direction is necessary in the interests of the safety of air navigation. Under regulation 11.250, a direction ceases to be in force on the day specified in the direction or, if no day is specified, 1 year after the day it commences. Under regulation 11.255, it is an offence for a person to contravene a direction that is applicable to the person.
Regulation 166E of CAR contains requirements relating to the carriage of a serviceable aircraft very high frequency (VHF) radio when operating in the vicinity of certified, military, registered or designated aerodromes. The term “in the vicinity of” is given a specific meaning for regulation 166E: see regulation 166 of CAR. It is limited to a distance of 10 miles from the aerodrome and a height such that the aircraft could be in conflict with operations at the aerodrome.
For aircraft operated under the Visual Flight Rules, regulation 174A of CAR empowers CASA to issue instructions specifying the carriage or installation of (among other things) radiocommunication systems. Instrument DASR 2/1994 instructs that aircraft engaged in specified operations must have installed a VHF radiocommunication system.
Subregulation 174A (3) empowers CASA to grant permissions for an aircraft to be flown if it does not meet the equipment requirements of regulation 174A, subject to any conditions specified in the permission. It is an offence for the pilot in command of an aircraft to fly in contravention of a condition of a permission.
Background
The aerodrome at Corryong, Victoria is a registered aerodrome.
There are plans to hold the 2018 Hang Gliding Cup and the 2018 Paragliding Open (collectively, the event) at Corryong.
In the event vicinity, class E airspace (which is a class of controlled airspace) is the airspace above 8 500 feet and below approximately 12 500 feet above mean sea level.
Hang Gliding Federation of Australia (HGFA), which has responsibility for the administration of the event, has requested an exemption so that participants in the event are not required to carry a serviceable aircraft VHF radio when operating in the vicinity of Corryong aerodrome. HGFA has also applied for permission so that participants in the event are not required to carry a VHF radio as required by regulation 174A of CAR. Hang-gliders and paragliders typically are not equipped with VHF radio equipment and generally do not operate in airspace in which such radios are required. Hang-gliders and paragliders are more commonly flown with ultra high frequency (UHF) radio equipment. The event represents an exception to this circumstance.
A similar exemption was granted by CASA for the 2017 Hang Gliding Cup and the 2017 Paragliding Open, also held at Corryong (CASA EX01/17). A similar permission was granted for the Bright Paragliding Open in 2017 (CASA 03/17).
Instrument
The instrument provides an exemption for the pilot in command of a hang-glider or paraglider who is participating in the event to fly the aircraft in the vicinity of Corryong aerodrome, without complying with regulation 166E of CAR.
The instrument also provides permission for the pilot in command of a hang-glider or paraglider who is participating in the event to fly the aircraft without carrying a serviceable VHF radiocommunication system as required by the instructions issued under regulation 174A of CAR.
The exemption and permission for pilots in command are subject to several conditions and are supplemented by directions to HGFA.
Directions
The directions to HGFA require it to ensure that there is a satisfactory support system to mitigate the safety risks associated with the operation of hang-gliders and paragliders without a serviceable VHF radio. The support system includes requirements for the establishment of a ground communications station that covers the event vicinity.
If it is possible that event flights will be conducted at an altitude higher than 8 500 feet above mean sea level, HGFA must ensure that a danger area is active in the relevant class E airspace where the event is conducted and a communications station that covers the area 15 nautical miles from the aircraft is required.
Back-up radios and batteries are required for each communications station.
The communications station or stations will advise other aircraft of the area of activity and location of the hang-gliders and paragliders. HGFA is responsible for ensuring that the Competition Director or other competent person maintains a listening watch. The ground communications station must be active on the relevant frequencies on each day of the event.
HGFA is also responsible for ensuring that information is provided to CASA about event activities each day, which CASA will incorporate into a Notice to Airmen (NOTAM) to be published by Airservices Australia.
HGFA must also ensure that event participants are provided with a diagram of known air traffic routes in the area where the event is conducted.
HGFA must also ensure that, before aircraft operation on a day, a briefing is provided to event participants that addresses at least the following:
(a) confirmation of communication station set-up and applicable frequencies in use;
(b) review and explanation of the applicable NOTAM and danger area for that day;
(c) review and explanation of event vicinity boundaries and the requirement to operate only within the boundaries;
(d) review and explanation of the conditions under which the exemption and permission have been issued;
(e) review and explanation of any class G and class E airspace in which HGFA expects that it is possible that other aircraft may be operating.
In addition, HGFA must ensure that the name of each event participant attending the daily briefing is recorded, and that the record is retained for a prescribed period.
While the directions impose obligations on HGFA, it is expected as a practical matter that HGFA will ask the Competition Director, as the event organiser, to fulfil the obligations.
Conditions
The conditions on the exemption and permission for pilots in command include a requirement for aircraft covered by the exemption and permission to be equipped with a UHF radio. If the UHF radio becomes unserviceable while the aircraft is in class E airspace, the pilot in command must exit class E airspace as soon as practicable. Similarly, if the UHF radio becomes unserviceable while flying in the vicinity of Corryong aerodrome, the pilot in command must cease the flight as soon as practicable.
Pilots in command of aircraft covered by the exemption or permission must attend the daily briefing mentioned in the directions to HGFA. Pilots in command must also be satisfied that the ground communications station has been established and is operating satisfactorily, that the daily NOTAM has been published as required and, if flight higher than 8 500 feet is possible, that the danger area is active. In relation to these matters, which are not a pilot in command’s direct responsibility, the pilot in command may rely on the daily briefing.
Pilots in command of aircraft covered by the exemption and permission must hold at least a HGFA pilot certificate (or an overseas equivalent) and are required to operate in accordance with the HGFA Operations Manual, as that document exists from time to time. Among other things, the HGFA Operations Manual contains rules for the operation of hang-gliders and paragliders. The HGFA Operations Manual can be freely accessed from www.hgfa.asn.au/.
Operations above 8 500 feet must only be carried out within the active danger area.
Legislation Act 2003 (the LA)
Subsection 98 (5AA) of the Act states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons or a class of aircraft. The exemption in this instrument applies to a class of persons. Therefore, the instrument is a legislative instrument. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
HGFA has requested the instrument. CASA has consulted with HGFA and the organisers of the event. The organisers also consulted with the local aerodrome operators and local aviation operators. The terms of the exemption and permission are substantially similar to the terms of instruments issued in relation to the event held in previous years.
In these circumstances, CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).
Making and commencement
The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR.
The instrument commences on 5 January 2018 and is repealed at the end of 21 January 2018.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA EX174/17 — Corryong 2018 Hang Gliding Cup and 2018 Paragliding Open Instrument 2017
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
This instrument will enable participants in the 2018 Hang Gliding Cup and 2018 Paragliding Open (the event) to fly a hang-glider or paraglider in the vicinity of Corryong aerodrome, Victoria, without complying with regulation 166E of the Civil Aviation Regulations 1988 (CAR). Regulation 166E contains requirements relating to the carriage of aircraft very high frequency (VHF) radio when operating in the vicinity of certified, military, registered or designated aerodromes. Corryong aerodrome is a registered aerodrome.
This instrument will also enable participants in the event to fly a hang-glider or paraglider in class E airspace without carrying a VHF radiocommunication system, as may be required under regulation 174A of CAR.
The exemption and permission are subject to conditions on participants.
The instrument also issues directions to Hang Gliding Federation of Australia, which is responsible for the administration of the event.
The conditions and directions are imposed by CASA in the interest of the safety of air navigation.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority