Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Safety Regulations 1998
Exemption — turns after take-off at the 2017 Australian International Airshow
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.
Regulation 167 of the Civil Aviation Regulations 1988 (CAR) sets out general requirements for aerodrome traffic at controlled aerodromes.
Subregulation 167 (3) creates an offence provision for certain conduct of pilots in command of an aircraft that are part of the aerodrome traffic at a controlled aerodrome. The pilot commits the offence if he or she engages in conduct that contravenes a rule set out in subregulation 167 (4) without the instruction or permission of the aerodrome control service for the aerodrome to engage in that conduct.
The rule in paragraph 167 (4) (a) of CAR provides that a pilot must maintain the same track from their take-off from a controlled aerodrome until the aircraft is 500 feet above the terrain, unless a change of track is necessary to avoid the terrain.
If a pilot joins the circuit pattern for the controlled aerodrome for a landing at that aerodrome, the rule in paragraph 167 (4) (b) requires the pilot to make all his or her turns to the pilot’s left after joining that circuit pattern. Similarly, the rule in paragraph 167 (4) (c) provides that if the pilot takes off from the aerodrome, the pilot must (after taking off from the aerodrome) make all turns to the pilot’s left while the aircraft is flying in the circuit pattern for the aerodrome.
Subpart 11.F of the Civil Aviation Safety Regulations 1998 (CASR) provides for the granting of exemptions from particular provisions of the regulations. Subregulation 11.160 (1) of CASR provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including CAR.
Under subregulation 11.160 (2) of CAS
R, an exemption may be granted to a person or a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
Regulation 11.205 of CASR provides that CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Under regulation 11.210, it is a strict liability offence not to comply with the obligations imposed by a condition.
Regulation 11.225 of CASR requires an exemption to be published on the Internet. Under subregulation 11.230 (1), the maximum duration of an exemption is 3 years.
Instrument
The instrument exempts pilots in command of an aircraft (the participating pilot) participating in the 2017 Australian International Airshow at Avalon aerodrome (the Airshow) from compliance with the rules in paragraphs 167 (4) (a), (b) and (c), prescribed for subregulation 167 (3).
The exemption from compliance with paragraph 167 (4) (a) of CAR, therefore, provides that the participating pilot, after taking off from the aerodrome, is not obliged to maintain the same track while the aircraft is less than 500 feet above the terrain. Similarly, the exemptions from compliance with paragraphs 167 (4) (b) and (c) of CAR provide that the participating pilot is not obliged to make all turns to the left while the aircraft is flying in the circuit pattern for the aerodrome.
The exemptions are subject to the requirement that the participating pilot maintains safe separation from spectators and other aircraft. A participating pilot on runway 19 at Avalon aerodrome is subject to the additional condition that the pilot must not take off if an aircraft has commenced a take-off roll on runway 18.
The primary purpose of the instrument is to allow the participating pilots to operate safely during the flying events of the Airshow, including by ensuring safe separation between spectators and other aircraft at the Airshow. The instrument will also reduce the workload of pilots and air traffic control during the Airshow.
Legislation Act 2003 (the LA)
Paragraph 98 (5A) (a) of the Act provides that CASA may issue instruments in relation to matters affecting the safe navigation and operation or the maintenance of aircraft. Under subsection 98 (5AA), an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply to a class of persons or a class of aircraft.
The instrument applies to a class of persons engaged in piloting aircraft at the Airshow. The instrument is, therefore, a legislative instrument, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
The instrument provides similar exemptions to those that have been provided to participating pilots attending past airshows at Avalon aerodrome. CASA has consulted with Aerospace Australia Limited (the organiser of the Airshow) and Airservices Australia on the terms of the exemption during the development of this instrument.
Having regard to these circumstances, it is CASA’s view that it is not reasonably practicable or appropriate to undertake any further consultation under section 17 of the LA.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required in this case, as the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The 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.
Making and commencement
The instrument has been made by a delegate of CASA, relying on the power of delegation under subregulation 11.260 (1) of CASR.
The exemption commences on 23 February 2017 and is repealed at the end of 5 March 2017.
[Instrument number CASA EX28/17]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — turns after take-off at the 2017 Australian International Airshow
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The legislative instrument applies to pilots in command of an aircraft (participating pilots) that are participating in the 2017 Australian International Airshow (the Airshow) at Avalon, Victoria between 23 February 2017 and 5 March 2017. It exempts participating pilots from the requirement to maintain the same track after take‑off while the aircraft is less than 500 feet above the terrain. The legislative instrument also exempts the participating pilots from the requirement to make all turns to the pilot’s left while flying in Avalon aerodrome’s circuit pattern and the circuit pattern for landing.
In the interests of safety of air navigation, the exemptions are subject to the requirement for the participating pilots to ensure safe separation from spectators and other aircraft during these operations.
The primary purpose of the legislative instrument is to allow pilots in command flying those aircraft to operate safely during the Airshow. The legislative instrument will also reduce the workload of pilots and aerodrome control during the Airshow.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority