Explanatory Statement
Civil Aviation Regulations 1988
Exemption — turns after take-off at Australian International Air Show
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.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (2) provides that before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Subregulation 308 (3) provides that CASA may make an exemption subject to any condition specified in the exemption as being necessary in the interests of safety.
Regulation 167 of CAR 1988 sets out general requirements for aerodrome traffic at controlled aerodromes. Paragraph 167 (4) (a) states that if the pilot takes off from an aerodrome, the pilot must maintain the same track from the take-off until the aircraft is 500 feet above the terrain. Under paragraph 167 (3) (d), the aerodrome control service may instruct or permit the turn.
The purpose of this exemption is to allow aircraft participating in the Australian International Air Show 2011 (the Air Show) to make a turn while less than 500 feet above the terrain. This will reduce the workload of pilots and aerodrome control in the context of the Air Show.
Under the exemption, the pilot in command may only alter his or her track after take‑off:
(a) in order to ensure safe separation from the spectators; and
(b) when he or she has reached a speed and height that make it safe to do so.
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
CASA has consulted with air space users and the provider of air traffic control services. The terms of the exemption have been agreed to.
The instrument commences on 24 February 2011 and stops having effect at the end of 6 March 2011.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
[Instrument number CASA EX22/11]