Explanatory Statement
Civil Aviation Regulations 1988
Exemption — operations by RAA aircraft in Avalon aerodrome temporary restricted area
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.
This exemption is required because of the decision to declare an area in the vicinity of Avalon Airport to be a temporary restricted area under regulation 6 of the Airspace Regulations 2007. The purpose of this declaration is to require the carriage and use of radio and transponder in the vicinity of Avalon aerodrome until air traffic control can be implemented.
Sport and recreational aircraft operate at, and in the vicinity of, Avalon aerodrome and have done so for a long time. This exemption operates to allow some of those aircraft to continue to operate in the temporary restricted area, subject to their meeting the conditions specified in Schedule 1. The aircraft to which the exemption applies are operated in accordance with Civil Aviation Order (CAO) 95.32 and CAO 95.55. These CAOs are in fact exemptions from various provisions of CAR 1988 that apply to the aircraft mentioned in them, recognising that because of their construction and performance they could not meet all the requirements of CAR 1988. CAO 95.32 applies to weight shift controlled aeroplanes and powered parachutes. CAO 95.55 applies to a variety of aircraft that have to meet one of the different sets of criteria set out in section 1 of that CAO.
Both CAOs provide their exemptions subject to compliance with sets of conditions relating to a variety of matters. In both the CAOs, one of the conditions, subparagraph 5.1 (e), prohibits flights in active restricted or prohibited areas.
This exemption allows the relevant aircraft to operate in the temporary restricted area in the vicinity of Avalon aerodrome subject to compliance with all the other conditions in the CAOs. There are also additional conditions in Schedule 1 that have to be met by the aircraft and are conditions for all other aircraft operations in the restricted area. All CAO 95.32 and CAO 95.55 aircraft have to be fitted with a radio capable of two-way communication with Air Traffic Control and Certified Air/Ground Radio Service and a transponder capable of mode A and C operation maintained by an approved aircraft maintenance organisation in accordance with CASA AD/RAD/47 as current at the time of this instrument.
The pilots will have to hold at least a valid pilot certificate issued by Recreation Aviation Australia Inc (RAA) or the Hang Gliding Federation of Australia (HGFA). They will also have to operate in accordance with the RAA operations manual. Incidents and accidents within the restricted area will have to be reported to the Australian Transport Safety Bureau.
The exemption applies only to aircraft registered with the RAA or HGFA that are CAO 95.32 or CAO 95.55 aircraft.
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 RAA and HGFA and the provider of Air Traffic Control services at Avalon aerodrome. The terms of the exemption have been agreed to.
The instrument commences on the day after it is registered and stops having effect at the end of March 2010.
The instrument has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX29/09]
Overview
The Civil Aviation Regulations 1988, as amended by F2009L01199, addresses the need for a temporary exemption for certain aircraft operations within a restricted area around Avalon Airport. Enacted by the Governor-General under the authority of the Civil Aviation Act 1988, the regulation aims to balance the safety of air navigation with the operational needs of sport and recreational aircraft, which have historically operated in the vicinity of Avalon Airport. The exemption, as detailed in Subregulation 308 of the Civil Aviation Regulations 1988, allows aircraft to operate under specific conditions to ensure compliance with safety requirements while facilitating the transition to controlled airspace. This exemption is subject to disallowance under the Legislative Instruments Act 2003 and was developed through consultation with relevant parties, including Recreation Aviation Australia Inc and the Hang Gliding Federation of Australia. The regulation was agreed upon and came into effect on the day following its registration, ceasing to have effect by the end of March 2010.
Scope and Application
The Civil Aviation Regulations 1988 Exemption—Operations by RAA Aircraft in Avalon Aerodrome Temporary Restricted Area pertains to specific aircraft operated under the auspices of the Recreation Aviation Australia Inc (RAA) or the Hang Gliding Federation of Australia (HGFA). These aircraft, which include weight shift controlled aeroplanes, powered parachutes, and other aircraft meeting criteria outlined in Civil Aviation Orders 95.32 and 95.55, are granted an exemption from certain Civil Aviation Regulations 1988 provisions. This exemption is crucial for enabling these aircraft to continue operations in the temporary restricted area around Avalon Airport, where certain safety measures are mandated until air traffic control is fully implemented. The exemption is subject to various conditions, such as the requirement for pilots to hold a valid pilot certificate and for aircraft to be equipped with a two-way communication radio and a mode A and C transponder. Additionally, all incidents and accidents within the restricted area must be reported to the Australian Transport Safety Bureau. The exemption is applicable nationally, and while it is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, it is intended to ensure safety while accommodating the operational needs of the specified aircraft.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) provide a regulatory framework for aviation operations in Australia, and Section 98 of the Civil Aviation Act 1988 allows for the Governor-General to make regulations to ensure the safety of air navigation. Subregulation 308(1) of CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to exempt aircraft, or persons associated with the operation of these aircraft, from specified provisions of the regulations. Subregulation 308(2) requires CASA to consider safety-related factors before granting any exemption, and subregulation 308(3) allows CASA to impose conditions on the exemption to ensure safety. This particular exemption (F2009L01199) enables certain aircraft to operate within a temporary restricted area around Avalon Airport, which has been declared under regulation 6 of the Airspace Regulations 2007. The rationale behind this exemption is to facilitate the continued operation of sport and recreational aircraft in the vicinity of Avalon Airport until air traffic control measures can be effectively implemented.
This exemption applies to aircraft registered with the Recreation Aviation Australia Inc (RAA) or the Hang Gliding Federation of Australia (HGFA), and which are covered by Civil Aviation Orders (CAOs) 95.32 and 95.55. These CAOs provide exemptions from various provisions of CAR 1988 due to the construction and performance limitations of the aircraft they cover. The aircraft must meet specific conditions, such as being equipped with a radio capable of two-way communication with Air Traffic Control and Certified Air/Ground Radio Service, and a transponder capable of mode A and C operation. The pilots must hold a valid pilot certificate issued by RAA or HGFA and operate in accordance with the RAA operations manual. Furthermore, any incidents or accidents occurring within the restricted area must be reported to the Australian Transport Safety Bureau.
The exemption is subject to compliance with additional conditions outlined in Schedule 1, which include requirements for all aircraft operating in the restricted area. Subregulation 308(4) of CAR 1988 classifies this exemption as a disallowable instrument, making it subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003 (LIA). The exemption is also subject to consultation, with CASA having engaged with RAA, HGFA, and the provider of Air Traffic Control services at Avalon Airport. The terms of the exemption have been agreed upon by the relevant parties.
The exemption will be in effect from the day after its registration until the end of March 2010. It has been made by a delegate of CASA in accordance with subregulation 7(1) of CAR 1988. Any breach of the conditions specified in this exemption could result in civil or criminal consequences, including fines and imprisonment, depending on the severity of the breach. The maximum penalties for contravening the regulations are outlined in the Civil Aviation Act 1988 and associated regulations.