CASA EX23/11 – Exemption – operations by sport and recreational aircraft in restricted area R979A

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to establish comprehensive regulations governing civil aviation in Australia, addressing the need for a robust legal framework to ensure the safety and efficiency of air navigation. One specific exemption under these regulations, F2011L00300, was introduced to facilitate the operation of certain sport and recreational aircraft within restricted area R979A during the Australian International Air Show 2011. This exemption was created to balance the interests of safety with the unique operational needs of these aircraft during a major public event. The exemption was issued by the Civil Aviation Safety Authority (CASA), acting under the authority granted by section 98 of the Civil Aviation Act 1988. The primary policy objective was to enable the safe operation of specified sport and recreational aircraft while ensuring that all necessary safety considerations were taken into account. The exemption was subject to specific conditions to mitigate any potential risks, and it was subject to disallowance in the Parliament as per the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 Exemption — operations by sport and recreational aircraft in restricted area R979A applies to specific types of aircraft, including hang gliders, privately-built, single-place ultralight aeroplanes, weight-shift controlled aeroplanes, and powered parachutes, which must comply with certain Civil Aviation Orders and be registered with specified aviation authorities. This exemption is aimed at facilitating the operation of these aircraft in restricted areas during the Australian International Air Show 2011. It allows the exempted aircraft to operate in these areas under specified conditions, including the installation of a radio for two-way communication with Air Traffic Control and compliance with procedures outlined in an Aeronautical Information Publication. The exemption is subject to the overarching requirements of safety, as mandated by the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. It is applicable within the Commonwealth jurisdiction and is in force from 24 February 2011 to 8 March 2011. The exemption is a legislative instrument, subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 (the Act) provide the framework for the regulation of aviation activities in Australia. Specifically, Subregulation 308(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of CAR 1988, provided certain conditions are met. This exemption aims to balance safety considerations with the operational needs of sport and recreational aircraft. The exemption is applicable to aircraft operating under Civil Aviation Orders (CAO) 95.8, 95.10, 95.32, and 95.55, which pertain to hang gliders, privately-built single-place ultralight aeroplanes, weight-shift controlled aeroplanes, powered parachutes, and other aircraft meeting specific criteria. These aircraft must be registered with Recreational Aviation Australia Incorporated or the Hang Gliding Federation of Australia Incorporated. The exemption allows these aircraft to operate in restricted area R979 during the Australian International Air Show 2011, subject to compliance with certain conditions. The aircraft must adhere to all other conditions specified in their respective CAOs but are exempted from particular conditions that otherwise restrict their operations in Class C and D airspace or active restricted or prohibited areas. For example, while CAO 95.8 restricts hang glider operations in Class C and D airspace, the exemption allows such operations in restricted area R979 during the specified period. Additional conditions include equipping the aircraft with a radio capable of two-way communication with Air Traffic Control and requiring the pilot in command to hold a pilot certificate with a radio operator endorsement. The pilot must also comply with procedures published in the Aeronautical Information Publication (AIP) and applicable to the Air Show. In terms of obligations, CASA is mandated to consider all relevant safety considerations before making an exemption. The exemption is made subject to any conditions specified as necessary in the interests of safety. Furthermore, Subregulation 308(4) of CAR 1988 declares this exemption to be a disallowable instrument under the Legislative Instruments Act 2003 (LIA). This means that the exemption is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. CASA has already consulted with airspace users and the provider of Air Traffic Control services, and the terms of the exemption have been agreed upon. The exemption commences on 24 February 2011 and stops having effect at the end of 8 March 2011. It has been made by the Director of Aviation Safety, on behalf of CASA, under subsection 73(2) of the Act. Failure to comply with the conditions of the exemption may result in civil or criminal penalties, depending on the severity of the breach. The maximum penalties for breaches of CAR 1988 can include fines and imprisonment, as stipulated under the relevant sections of the Act. For instance, serious breaches may lead to substantial fines and/or imprisonment for up to two years, while less severe breaches may result in lesser penalties. The enforcement of these penalties is aimed at ensuring adherence to the safety and operational requirements set out in the Act and its regulations.