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]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were amended by the Civil Aviation (Exemption) Regulations 2011 (F2011L00297) to provide an exemption for aircraft participating in the Australian International Air Show 2011. The exemption, enacted to address the specific needs of the Air Show, allows pilots to make turns while the aircraft is less than 500 feet above the terrain, a deviation from the usual requirements under Regulation 167 of CAR 1988. This exemption was introduced to reduce the workload on pilots and aerodrome control during the event, ensuring safety without compromising the show's operational requirements. The exemption, made by the Director of Aviation Safety on behalf of CASA under the Civil Aviation Act 1988, is subject to tabling and disallowance in the Parliament as per the Legislative Instruments Act 2003. The exemption was agreed upon following consultations with airspace users and the air traffic control service provider and was in effect from 24 February 2011 until the end of 6 March 2011.
Scope and Application
The Civil Aviation Regulations 1988, under the authority of section 98 of the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to exempt aircraft or individuals involved in the operation of these aircraft from certain regulatory requirements, provided it does not compromise safety. This exemption pertains specifically to aircraft participating in the Australian International Air Show 2011, allowing pilots to alter their flight path after take-off under specific conditions aimed at ensuring safety. Such deviations from the standard flight path are permitted only to maintain safe separation from spectators and when the aircraft has reached a speed and altitude that makes such a turn safe. This exemption is applicable within the geographical jurisdiction of Australia and is subject to the oversight and approval processes outlined in the Legislative Instruments Act 2003, including potential disallowance by Parliament. The exemption is effective from 24 February 2011 and ceases to have effect at the conclusion of the Air Show on 6 March 2011.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) contain provisions that generally require aircraft to maintain the same track until they are 500 feet above the terrain (section 167(4)(a)), but an exemption under subregulation 308(1) allows for deviations from this rule in specific circumstances. The regulation provides an exemption for aircraft participating in the Australian International Air Show 2011, enabling pilots to alter their tracks after take-off to ensure safe separation from spectators and when it is safe to do so based on speed and height (section 167). This exemption is intended to manage the unique demands of air shows, reducing the workload for pilots and air traffic control.
The exemption imposes certain obligations on the parties involved. Pilots of aircraft participating in the air show must ensure that any turns are made only for the purpose of ensuring safe separation from spectators and when the aircraft has reached a safe speed and height. Additionally, the Civil Aviation Safety Authority (CASA) is required to consider safety factors before granting any exemptions and may impose conditions on the exemption as necessary (subregulation 308(2) and (3)). The exemption is also subject to consultation with airspace users and air traffic control service providers, as per the terms outlined in the exemption.
Breach of the provisions of CAR 1988, even under an exemption, could result in civil or criminal consequences. The exemption is a disallowable instrument under the Legislative Instruments Act 2003 (LIA) (subregulation 308(4) of CAR 1988), meaning it is subject to tabling and potential disallowance in Parliament (section 38 and 42 of the LIA). While the specific penalties for breaches are not detailed in the text, general civil aviation offences can lead to fines or imprisonment. The exact penalties would depend on the nature and severity of the breach, as outlined in the Civil Aviation Act 1988 and related regulations.