CASA EX18/11 – Exemption – night acrobatic flight

Overview

The Civil Aviation Regulations 1988 (CAR 1988), enacted to ensure the safety of air navigation as per the Civil Aviation Act 1988, generally prohibit night acrobatic flights as stated in paragraph 155(1)(a). In response to a specific request from Aviation Development Australia Limited, the Civil Aviation Safety Authority (CASA) granted an exemption for two pilots to perform night acrobatic flights during the Australian International Air Show 2011, held at Avalon, Victoria, from 1 to 6 March 2011. This exemption was considered permissible given the controlled environment of the air show and the qualifications of the pilots, who hold certifications from the Federal Aviation Administration of the United States of America. The exemption, subject to any conditions specified by CASA for safety reasons, is a legislative instrument under the Legislative Instruments Act 2003 and is subject to disallowance in the Parliament. This exemption was made under the authority of the Director of Aviation Safety, on behalf of CASA, and it specifically applies to the night display as part of the official program of the Air Show, with effect from 24 February 2011 to the end of 4 March 2011.

Scope and Application

The Civil Aviation Regulations 1988, amended by the instrument F2011L00285, provides an exemption for two experienced pilots to perform night acrobatic flights at the Australian International Air Show 2011 in Avalon, Victoria, from 1 March to 6 March 2011. This exemption specifically applies to the night display program organised by Aviation Development Australia Limited, allowing the two pilots to conduct acrobatic flights at night, which would otherwise be prohibited by paragraph 155(1)(a) of the Civil Aviation Regulations 1988. Both pilots hold qualifications issued by the Federal Aviation Administration of the United States of America, and the exemption is granted on the condition that the flights are conducted within the controlled environment of the air show, ensuring safety remains the paramount consideration. The exemption is subject to the Legislative Instruments Act 2003, making it a disallowable instrument and thus subject to tabling and disallowance in Parliament. Notably, consultation under section 17 of the Legislative Instruments Act 2003 was not undertaken for this specific exemption due to the well-established precedent for similar operations at air shows. The exemption is effective from 24 February 2011 and ceases to have effect at the end of 4 March 2011, applying solely to the night display component of the air show.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 (the Act) include provisions that generally prohibit night acrobatic flights by aircraft (subregulation 308(1) and paragraph 155(1)(a) of CAR 1988). However, the Civil Aviation Safety Authority (CASA) has the authority to grant exemptions to specific individuals or entities from certain regulatory requirements, provided that the exemption is in the interest of safety and includes any necessary conditions (subregulation 308(1) and 308(3) of CAR 1988). In this instance, CASA has issued an exemption for two specified pilots to perform night acrobatic flights at the Australian International Air Show 2011 held at Avalon, Victoria, from 1 March 2011 to 6 March 2011. These pilots are experienced and hold qualifications from the Federal Aviation Administration of the United States of America. The obligations imposed by this exemption require the specified pilots to adhere to any conditions set by CASA that are deemed necessary to ensure safety. This means they must comply with all safety protocols and any other conditions that CASA specifies to mitigate risks associated with night acrobatic flights. The exemption is strictly limited to the night display that forms part of the official program approved by the organisers of the Air Show, and it is effective from 24 February 2011 to the end of 4 March 2011. Furthermore, because this exemption is considered a legislative instrument, it must be tabled and is subject to disallowance in the Parliament, as outlined in the Legislative Instruments Act 2003 (LIA). Any breach of the conditions set by CASA or non-compliance with the provisions of this exemption could lead to significant consequences. Given the stringent nature of aviation safety regulations, violations might result in both civil and criminal penalties. Although specific penalties are not detailed in the explanatory statement, general aviation laws often include fines and potential disqualification from flying, reflecting the high stakes involved in aviation safety. The exemption, as a legislative instrument, is also subject to disallowance by the Parliament, which can nullify the exemption if deemed inappropriate or unsafe.