CASA EX20/10 – Exemption – navigation and anti-collision lights

Overview

The Explanatory Statement pertains to the Civil Aviation Regulations 1988, specifically addressing an exemption concerning navigation and anti-collision lights for a designated operator. Enacted to cater to the safety of air navigation, the Civil Aviation Act 1988 was the legislative foundation for these regulations, empowering the Governor-General to enact such provisions. The objective of this exemption is to enable U C Aviation Pty Ltd to conduct covert surveillance missions while operating under specific conditions that mitigate the inherent risks associated with such activities. The exemption is a legislative instrument subject to disallowance in the Parliament under the Legislative Instruments Act 2003. Issued by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority, this exemption is set to be effective from the day after its registration and will cease to have effect at the end of 31 March 2012.

Scope and Application

The Civil Aviation Regulations 1988, as amended, encompass a comprehensive framework that governs the safety and operational standards of aviation in Australia. Specifically, the exemption concerning navigation and anti-collision lights applies to U C Aviation Pty Ltd, allowing the operator to conduct covert surveillance missions while omitting the display of certain lights typically required under subregulation 196(3) of the Civil Aviation Regulations 1988. This exemption, which is a legislative instrument under the Legislative Instruments Act 2003, is subject to the disallowance provisions of that Act and was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA). The exemption is effective from the day after its registration until the end of 31 March 2012, and it includes specific conditions to mitigate the risks associated with the covert operations. The exemption does not apply to other operators unless similarly authorised by CASA, and it does not alter the general requirements for aircraft lighting as stipulated in the Civil Aviation Regulations 1988.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) are central to the regulation of civil aviation in Australia, providing a detailed framework for ensuring the safety and efficiency of air navigation. According to subregulation 207(2) of CAR 1988, Australian aircraft must be equipped with approved instruments and emergency equipment before being used in any class of operation. This requirement ensures that all aircraft meet the necessary safety standards before they can be operated. Subregulation 5(1) of CAR 1988 further specifies that Civil Aviation Orders (CAOs) can detail these requirements, and paragraph 3 of Appendix V to Civil Aviation Order 20.18 mandates that aircraft must have at least two landing lights, except under certain conditions such as private and aerial operations. These regulations collectively aim to maintain high safety standards in air navigation. The obligations imposed by the Act and its regulations on the parties involved are significant. Under subregulation 195(1) of CAR 1988, both the pilot in command and the operator of an aircraft must comply with rules requiring lights to be displayed at night and in poor visibility conditions. Subregulation 196(1A) stipulates that the operator and pilot in command must ensure that all required lights are displayed on the aeroplane. Moreover, subregulation 196(3) mandates that, unless otherwise directed by the Civil Aviation Safety Authority (CASA), an aeroplane must display an anti-collision light consisting of a flashing red light in addition to navigation lights. These obligations are designed to ensure that aircraft are visible and identifiable to other pilots and air traffic control, thereby enhancing safety. Failure to comply with these regulations can result in significant legal consequences. The exemption granted to U C Aviation Pty Ltd to carry out covert surveillance without displaying some of the required lights is subject to strict conditions to mitigate associated risks. According to subregulation 308(4) of CAR 1988, this exemption is a disallowable instrument, meaning it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). This legislative oversight ensures that such exemptions are closely scrutinised and controlled, maintaining the integrity of the regulatory framework. The exemption is also subject to the provisions of the LIA, which govern the creation and operation of legislative instruments. The exemption will cease to have effect by 31 March 2012, ensuring that any temporary measures are closely monitored and reviewed.