Explanatory Statement
Civil Aviation Regulations 1988
Exemption — landing on moving vehicle
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.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt persons from compliance with specified provisions of CAR 1988 in relation to a category of aircraft. Under subregulation 308 (3), an exemption is subject to the person complying with any conditions which CASA specifies to be necessary in the interests of safety.
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 a display by a pilot from the United States of America using an aeroplane registered by the Federal Aviation Administration of the United States of America to land on the back of a moving vehicle. The pilot has participated in air shows on several occasions carrying out the same performance. This display requires an exemption from subregulation 92 (1) of CAR 1988.
Subregulation 92 (1) of CAR 1988 states that a person must not land an aircraft on a place that does not satisfy 1 or more of the stipulated requirements. The back of a truck does not meet any of the requirements, including paragraph 92 (1) (d) which states that the place must be suitable for use as an aerodrome for the purposes of the landing and taking-off of aircraft.
The exemption has been granted subject to conditions. It will apply only to the performance as part of the Air Show and is limited to the duration of the Air Show. The vehicle must be the truck brought by the pilot in command for the performance of the manoeuvre and specially modified for that purpose. The driver of the vehicle must be either Christopher R. Hamilton or Nick Wellenstein, who has previously driven the truck for the manoeuvre.
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 a personal exemption requested for a specific activity during a specific period.
The instrument commences on 24 February 2011 and stops having effect at the end of 6 March 2011.
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 EX19/11]
Overview
The Civil Aviation Regulations 1988, as amended by F2011L00284, were enacted to address a specific safety concern raised by a unique display proposed for the Australian International Air Show 2011. This legislation empowers the Civil Aviation Safety Authority (CASA) to exempt certain activities from regulatory requirements when necessary for safety, allowing for innovative and potentially risky displays during air shows. The exemption in question pertains to a US pilot's plan to land an aeroplane on the back of a moving vehicle, a feat that does not conform to standard landing requirements. This exemption was granted by CASA, subject to stringent conditions to ensure the safety of the performance, including the use of a specifically modified vehicle and an experienced driver. The instrument is subject to disallowance under the Legislative Instruments Act 2003, though no consultation was deemed necessary for this targeted exemption.
Scope and Application
The Civil Aviation Regulations 1988, as amended, provide a framework for ensuring the safety and efficiency of civil aviation in Australia. Under section 98 of the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) is empowered to make regulations for the Act, with a particular focus on the safety of air navigation. Subregulation 308(1) of these regulations allows CASA to exempt individuals from specific provisions of the Civil Aviation Regulations 1988 in relation to certain categories of aircraft, subject to conditions that are necessary for safety, as outlined in subregulation 308(3). An example of such an exemption is the one granted for a unique display at the Australian International Air Show 2011, where a pilot was permitted to land an aeroplane on the back of a moving vehicle, a manoeuvre that would otherwise contravene subregulation 92(1) of the Civil Aviation Regulations 1988. This exemption, issued under subregulation 308(4) and declared a disallowable instrument under the Legislative Instruments Act 2003, was tailored to the specific performance and vehicle involved and was limited to the duration of the Air Show. The exemption, while narrowly focused and specific, underscores the regulatory flexibility available to CASA to accommodate unique aviation activities while maintaining stringent safety standards.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) provide the framework for civil aviation safety in Australia, with Section 98 of the Civil Aviation Act 1988 empowering the Governor-General to make regulations for the Act in the interests of air navigation safety. Subregulation 308(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt persons from compliance with specified provisions of CAR 1988 in relation to a category of aircraft, subject to conditions outlined in subregulation 308(3). This exemption mechanism is critical for ensuring safety while allowing flexibility in certain circumstances.
The specific exemption in question, which applies to a display by a United States pilot at the Australian International Air Show 2011, requires a landing on the back of a moving vehicle, an action not permitted under subregulation 92(1) of CAR 1988. This subregulation mandates that aircraft must not land on places that do not meet specified criteria, such as being suitable for use as an aerodrome. Given that the back of a truck does not meet any of these criteria, an exemption was necessary. The exemption is tightly controlled, applying only to the specified performance during the Air Show, and mandates the use of a specific truck, modified for this purpose, driven by an approved driver.
The obligations imposed on the parties under this exemption are stringent, aimed at mitigating any risk to safety. The exemption is limited to the performance during the Air Show and specifies the vehicle and driver to be used. Additionally, the exemption is a legislative instrument under the Legislative Instruments Act 2003 (LIA), and as such, it is subject to tabling and disallowance in the Parliament, as outlined in sections 38 and 42 of the LIA. Although consultation under section 17 of the LIA was not undertaken, this exemption pertains to a specific, time-bound activity.
Breach of the conditions specified in the exemption could lead to serious consequences. The exemption, being a legislative instrument, is a disallowable instrument under subregulation 308(4) of CAR 1988, and the LIA. The maximum penalties for non-compliance with conditions of such exemptions are not explicitly stated in the document but would generally be severe, given the potential risks to public safety. Any breach could lead to both civil and criminal consequences, reflecting the seriousness with which aviation safety regulations are treated.