Explanatory Statement
Civil Aviation Regulations 1988
Exemption — maximum take-off weight requirements in flight manuals or other documents (agricultural or restricted category aircraft)
Legislation
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, among other things, exempt an aircraft or category of aircraft, or persons associated with the operation of those aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (3) provides that such an exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary in the interests of safety. Under subregulation 308 (4), such an exemption is a disallowable instrument for section 46A of the Acts Interpretation Act 1901.
Under subregulation 235 (11) of CAR 1988, operators and pilots in command of single engine aeroplanes engaged in private or aerial work operations, and having a certificate of airworthiness in the agricultural category or in the restricted category, and a permanently installed jettison system to allow the pilot in command to jettison in flight the contents of a hopper or vessel, have been granted an exemption from compliance with the requirements of subregulation 235 (4) of CAR 1988. Subregulation 235 (4) requires weight at take-off not to exceed the maximum take-off weight (MTOW) calculated under that regulation.
This instrument is a consequential instrument that prevents pilots in command of aircraft who have been exempted from compliance with subregulation 235 (4) of CAR 1988 from breaching the requirements of regulation 138 of CAR 1988 in respect of the MTOW specified in the aircraft’s flight manual.
Under this exemption, a pilot in command of a specified aeroplane is only exempted from complying with the MTOW contained in a flight manual for the aeroplane, i.e. he or she will have to continue to observe all other limitations, procedures and instructions in the flight manual.
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 in legislation in force before the commencement of the LIA. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument replaces a previous exemption (CASA EX09/07) that expires at the end of March 2009 and was issued for the same categories of aircraft and was intended to facilitate operations under the primary instrument of exemption issued under subregulation 235 (11) of CAR 1988. The take-off of the aircraft mentioned at a weight that exceeds the estimated MTOW is normal in the course of agricultural operations involving use of a hopper or vessel.
The instrument commences on 1 April 2009. It stops having effect at the end of March 2011.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX30/09]
Overview
The Explanatory Statement for Civil Aviation Regulations 1988 Exemption – Maximum Take-off Weight Requirements in Flight Manuals or Other Documents (Agricultural or Restricted Category Aircraft) outlines a consequential instrument introduced to ensure pilots in command of certain agricultural or restricted category aircraft do not inadvertently breach the maximum take-off weight (MTOW) specified in their flight manuals. Enacted in 2009, this instrument was introduced to address a specific gap in the Civil Aviation Regulations 1988 (CAR 1988) that allowed for exemptions from MTOW requirements for certain aircraft, but did not sufficiently address the implications for flight manuals. The instrument was made by a delegate of the Civil Aviation Safety Authority (CASA) under subregulation 7(1) of CAR 1988 and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. This instrument ensures that while certain aircraft are exempt from MTOW requirements, pilots must still comply with all other flight manual limitations and instructions. It replaces a previous exemption that expired in March 2009 and is intended to facilitate operations under the primary instrument of exemption issued under subregulation 235(11) of CAR 1988.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) provide a framework for the regulation of civil aviation in Australia, and the instrument F2009L01193 pertains specifically to exemptions from certain maximum take-off weight requirements for agricultural or restricted category aircraft. This instrument applies to operators and pilots in command of single engine aeroplanes engaged in private or aerial work operations that have a certificate of airworthiness in the agricultural or restricted category and are equipped with a permanently installed jettison system. The exemption allows these aircraft to deviate from the maximum take-off weight (MTOW) requirements stipulated in subregulation 235(4) of CAR 1988, subject to CASA's conditions for safety. This exemption is in effect to facilitate operations that are typical in agricultural settings, where the take-off at weights exceeding the estimated MTOW is necessary. However, pilots must still adhere to all other limitations, procedures, and instructions in the aircraft’s flight manual. The exemption is a legislative instrument subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. This instrument replaces an earlier exemption that expired in March 2009 and has a temporary effect, ceasing at the end of March 2011.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) under section 98 of the Civil Aviation Act 1988 provide for the Governor-General to enact regulations. Specifically, subregulation 308(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt certain aircraft, categories of aircraft, or associated persons from compliance with specified provisions of the regulations. Such exemptions are conditional, as outlined in subregulation 308(3), requiring the aircraft to meet any safety conditions CASA deems necessary. Furthermore, subregulation 308(4) states that these exemptions are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
Under subregulation 235(11) of CAR 1988, operators and pilots in command of single engine aeroplanes engaged in private or aerial work operations, which are certificated in the agricultural or restricted category and equipped with a permanently installed jettison system, are exempt from the requirement to not exceed the maximum take-off weight (MTOW) stipulated in subregulation 235(4). This exemption applies to aeroplanes with a permanently installed jettison system that allows the pilot to jettison the contents of a hopper or vessel in flight. This exemption ensures that pilots can operate under certain conditions while still adhering to other safety requirements specified in the flight manual.
The obligations imposed by this exemption require that while pilots of the exempted aircraft are not bound by the MTOW specified in the flight manual, they must still comply with all other limitations, procedures, and instructions contained within the manual. This includes adhering to weight distribution, performance data, and operational protocols that ensure the safe operation of the aircraft.
Breaches of the conditions of this exemption may result in significant consequences. Under subregulation 308(4) of CAR 1988, the exemption is a disallowable instrument, and thus subject to disallowance in Parliament under section 38 and 42 of the Legislative Instruments Act 2003 (LIA). Failure to comply with the specified conditions could lead to civil or criminal penalties, although the exact penalties are not specified in the provided text. The exemption is also subject to tabling and disallowance under the LIA, adding an additional layer of oversight and accountability.