Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — powered weight shift controlled aircraft
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may 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 matters affecting the safe navigation and operation of aircraft.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that CASA may exempt a person, or class of persons, from compliance with a provision of CASR 1998. Subregulation 11.170 (3) provides that CASA must regard the preservation of a level of aviation safety that is at least acceptable as paramount. Regulation 11.205 provides that CASA may impose on an exemption any condition necessary in the interests of safety and set out that condition in an instrument of exemption.
Instrument
The instrument exempts powered weight shift controlled aircraft – as defined in Civil Aviation Order 95.8 and Civil Aviation Order 95.32 – undertaking aerial work operations from compliance with certain Parts and provisions of the Civil Aviation Regulations 1988 (CAR 1988) dealing with airworthiness requirements, maintenance, navigation logs, conditions of flight, flight rules, and rules of the air that are not applicable to the kind of aircraft or the operations being conducted. To avoid doubt, the instrument does not apply to light sport aircraft.
The exemption is subject to conditions set out in Schedule 1. According to the conditions, powered weight shift controlled aircraft may only be flown by a person who holds a pilot certificate and endorsement issued by the Hang Gliding Federation of Australia or Recreational Aviation Australia Incorporated and in accordance with the operations manual provided by the relevant Air Operator’s Certificate holder.
The conditions also ensure that a powered weight shift controlled aircraft is not flown unless, in the event of an engine failure, the pilot is able to glide safely to, and land at, an appropriate area. Additional conditions relate to the height at which powered weight shift controlled aircraft may be flown, the requirement to operate in accordance with Air Traffic Control clearance when in controlled airspace, and other operational requirements.
The classes of aircraft are such that it is not possible to outline all conditions in the instrument. Other conditions will be incorporated into the operator’s operations manual.
Legislative Instruments Act 2003 (the LIA)
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or Civil Aviation Orders. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The instrument applies to a class of aircraft. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
CASA EX191/15 replaces a previous instrument, CASA EX142/12, which permitted powered paragliders to be used for aerial work operations and which expired at the end of August 2015. A number of exempted provisions have been updated or removed to reflect legislative changes to CAR 1988. The instrument is of beneficial effect to industry and its continuation has been requested by industry. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA
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 for an exemption (OBPR id: 14507).
Making and commencement
The instrument has been made by a delegate of CASA under subregulation 11.260 (1) of CASR 1998.
The instrument commences on the day of registration and expires at the end of October 2018, as if it had been repealed by another instrument.
[Instrument number CASA EX191/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — powered weight shift controlled aircraft
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
The legislative instrument allows powered weight shift controlled aircraft to be used for aerial work purposes such as aerial advertising, aerial photography and aerial spotting. The aircraft captured by this exemption are defined in Civil Aviation Order 95.8 and Civil Aviation Order 95.32. The instrument replaces an earlier exemption, CASA EX142/12, which expired at the end of August 2015.
The instrument is subject to conditions that CASA has imposed in the interests of aviation safety.
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