CASA EX194/12 - Exemption - operations by hang-gliders in the Forbes Flatlands Hang Gliding Championships 2012-2013

Overview

The Civil Aviation Safety Regulations 1998, amended in 2012, address a specific safety concern related to the Forbes Flatlands Hang Gliding Championships 2012-2013 by granting exemptions to certain aviation regulations. This regulation was enacted by the Civil Aviation Safety Authority (CASA) under the authority of section 98 of the Civil Aviation Act 1988, aiming to ensure the safety of air navigation. The exemption allows participants in the Championships to fly hang-gliders without the requirement of carrying a serviceable aircraft V.H.F. radio and without the pilot having a radiotelephone qualification, which are typically required for operations at certified and registered aerodromes. These exemptions come with conditions to maintain safety, such as the establishment of ground communication stations and the closure of aerodromes to non-participating aircraft during the competition. The exemption is designed to balance the unique requirements of the Championships with the overarching goal of ensuring safe and orderly air navigation. The exemption was subject to consultation with relevant stakeholders, including The Hang Gliding Federation of Australia Incorporated and the Championship organisers, and it was agreed upon by these parties. It is considered a legislative instrument under the Legislative Instruments Act 2003, as it applies to a class of aircraft rather than a specific individual or aircraft. The exemption took effect on 28 December 2012 and expired on 17 January 2013, aligning with the duration of the Championships. The exemption was made by a delegate of CASA under the delegation powers provided in the Civil Aviation Safety Regulations 1998.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for granting exemptions to ensure the safety of air navigation, as empowered by the Civil Aviation Act 1988 (the Act). Section 98 of the Act authorises the Governor-General to make regulations for the Act, with safety being paramount in any exemption granted by the Civil Aviation Safety Authority (CASA). Specifically, under subregulation 11.160(1) of the CASR 1998, CASA can exempt compliance with certain regulations, with the condition that such exemptions must not compromise the safety of air navigation, as per subregulation 11.170(3). The exemption applies to a class of aircraft, making it a legislative instrument subject to registration and parliamentary processes under the Legislative Instruments Act 2003. This particular exemption pertains to the Forbes Flatlands Hang Gliding Championships 2012-2013, allowing participants to fly hang-gliders without certain regulatory requirements, such as carrying a serviceable aircraft V.H.F. radio and having a radiotelephone qualification, provided specific conditions are met to ensure safety. These conditions include establishing ground communications stations at the aerodromes and closing Forbes aerodrome to other aircraft during competition hours. The exemption is in effect from 28 December 2012 to 17 January 2013, and it has been deemed compatible with human rights, as it does not raise any human rights issues.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide that, under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General can make regulations in the interests of the safety of air navigation. Subregulation 11.160(1) allows the Civil Aviation Safety Authority (CASA) to grant exemptions from the compliance with provisions of CASR 1998, while subregulation 11.160(3) allows CASA to grant exemptions on its own initiative. When deciding whether to grant an exemption, CASA must regard the preservation of an acceptable level of safety as paramount (subregulation 11.170(3)). CASA can impose conditions on an exemption if necessary in the interests of the safety of air navigation (subregulation 11.205(1)), and it is an offence to fail to comply with a condition of an exemption (regulation 11.210). Regulation 11.225 requires the publication of details of an exemption on the Internet, and under subregulation 11.230(1), an exemption ceases on the day specified within it or, if no day is specified, three years after its commencement. This exemption relates to the Forbes Flatlands Hang Gliding Championships 2012-2013, which are to be held at Forbes and Parkes aerodromes. The exemption allows participants in the Championships to fly a hang-glider without the aircraft carrying a serviceable aircraft V.H.F. radio and without the pilot having a radiotelephone qualification, which would otherwise be required under subregulations 166E(1) and (2) of the Civil Aviation Regulations 1988 (CAR 1988). The exemption is subject to several conditions. A ground communications station must be established at Forbes aerodrome and operate daily during the competition, and a ground communications station must also be established at Parkes aerodrome on days when weather conditions make it necessary, specifically when a south-westerly wind is blowing between Forbes and Parkes. These stations will advise other aircraft of the area of activity and location of the hang-gliders. Forbes aerodrome will be closed between 1100 hours and last light to the activities of all aircraft, other than the participating hang-gliders, for the duration of the competition. Only hang-gliders carrying serviceable V.H.F. radios may operate in the vicinity of Parkes aerodrome for 1 hour before the scheduled arrival time, or 1 hour after the scheduled departure time, of a regular public transport aircraft. This will exclude most of the competitors. Hang-gliders not equipped with serviceable V.H.F. radios must remain clear of all certified, registered or military aerodromes, other than the aerodromes listed in the conditions and any aerodromes designated by CASA under regulation 166D of CAR 1988. The pilots of towing aircraft must make the broadcasts required under regulation 166C of CAR 1988 and communicate with other aircraft in the area, advising them of the activities, location and direction of the hang gliding fleet, having regard to the prevailing conditions of the day. Championship organisers must ensure that participants are briefed daily on the boundaries of the areas of activity in the competition flight zone, the requirements for operating in those areas, and the applicable procedures as published daily in NOTAMS. The Championship organisers must arrange with CASA for the publication of daily NOTAMS setting out the boundaries of the areas of activity and the applicable procedures. The pilots in command must comply with the procedures published in NOTAMS applicable to the Championships. The exemption issued under subregulation 11.160(1) of CASR 1998 is for matters affecting the safe navigation and operation of aircraft (subsection 98(5A) of the Act). As it applies to a class of aircraft, it is a legislative instrument subject to registration, and tabling and disallowance in the Parliament, under sections 24, 38 and 42 of the Legislative Instruments Act 2003. CASA has consulted with The Hang Gliding Federation of Australia Incorporated and the Championship organisers, and the terms of the exemption have been agreed. This legislative instrument does not engage any of the applicable rights or freedoms and is compatible with human rights as it does not raise any human rights issues. The exemption commences on 28 December 2012 and stops having effect at the end of 17 January 2013. The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260(1) of CASR 1998.