CASA EX31/09 – Exemption – display of markings (as amended)
made under the Civil Aviation Safety Regulations 1998 (CASR 1998).
This compilation was prepared on 15 September 2009 taking into account amendments up to CASA EX55/09.
Prepared by the Legislative Drafting Branch, Legal Services Division, Civil Aviation Safety Authority, Canberra.
Exemption — display of markings
1 Duration
This instrument:
(a) commences on the day after it is registered; and
(b) stops having effect at the end of 31 March 2011.
2 Application
This instrument applies to gliders and sailplanes registered with the Gliding Federation of Australia (the GFA) in accordance with Part 47 of CASR 1998 and operating in Australian territory.
3 Exemption
All gliders and sailplanes registered by the GFA are exempt from compliance with the requirements of regulations 45.025 and 45.035 of CASR 1998 in relation to displaying the Australian nationality “VH-” and the first character of the registration mark if that character is the letter “G”.
4 Condition
The exemption is subject to the condition mentioned in Schedule 1.
Schedule 1 Condition
The glider or sailplane must be registered by the GFA in accordance with Part 47 of CASR 1998.
Note to CASA EX31/09 – Exemption – display of markings
Note 1
CASA EX31/09 – Exemption – display of markings (in force under regulation 11.160 of the Civil Aviation Safety Regulations 1998) as shown in this compilation is amended as indicated in the tables below.
Table of instruments
Title | Date of FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
CASA EX31/09
Exemption – display of markings | 24 April 2009 (see F2009L01207) | 25 April 2009 | — |
CASA EX55/09
Amendment of instrument CASA EX31/09 | 15 September 2009 (see F2009L02676) | 16 September 2009 | — |
Table of amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
s. 2 | rs. CASA EX55/09 |
Overview
The CASA EX31/09 – Exemption – display of markings is a legislative instrument made under the Civil Aviation Safety Regulations 1998 (CASR 1998). This instrument was introduced by the Civil Aviation Safety Authority (CASA) to address a specific regulatory gap concerning the display of markings on gliders and sailplanes registered by the Gliding Federation of Australia (GFA). The exemption was enacted to provide relief from the compliance requirements stipulated in regulations 45.025 and 45.035 of the CASR 1998, which mandate the display of the Australian nationality “VH-” and the first character of the registration mark if it is the letter “G”. The exemption is in effect from 25 April 2009 and terminates on 31 March 2011, subject to the condition that the glider or sailplane must be registered by the GFA as per Part 47 of the CASR 1998. The policy objective underpinning this exemption is to facilitate operational flexibility for gliders and sailplanes while maintaining safety standards.
Scope and Application
The CASA EX31/09 Exemption – Display of Markings applies to gliders and sailplanes that are registered with the Gliding Federation of Australia in accordance with Part 47 of the Civil Aviation Safety Regulations 1998 and operate within Australian territory. This exemption, which was registered on 24 April 2009 and commenced on 25 April 2009, exempts these aircraft from the requirements of regulations 45.025 and 45.035 of the CASR 1998 concerning the display of the Australian nationality "VH-" and the first character of the registration mark if that character is the letter "G". However, the exemption is conditional, as detailed in Schedule 1, and requires that the glider or sailplane must remain registered by the GFA in accordance with Part 47 of CASR 1998. The exemption is scheduled to cease on 31 March 2011, and its application may be further refined or extended through subordinate instruments as indicated by subsequent amendments, such as CASA EX55/09.
Key Provisions
This legislative instrument, CASA EX31/09, commences on the day after it is registered and expires on 31 March 2011. It applies specifically to gliders and sailplanes registered with the Gliding Federation of Australia (GFA) under Part 47 of the Civil Aviation Safety Regulations 1998 (CASR 1998) and operating within Australian territory. The primary provision of this instrument is to exempt certain gliders and sailplanes from specific display requirements outlined in regulations 45.025 and 45.035 of CASR 1998, which mandate the display of the Australian nationality “VH-” and the first character of the registration mark if that character is the letter “G”. This exemption is contingent upon the condition that the glider or sailplane must be registered by the GFA in accordance with Part 47 of CASR 1998.
The obligations imposed by CASA EX31/09 on the parties it governs are primarily focused on ensuring compliance with the registration condition. Specifically, the gliders and sailplanes that benefit from the exemption must maintain their registration with the GFA, adhering to the stipulations outlined in Part 47 of CASR 1998. This involves regular updates and verifications to ensure ongoing compliance with GFA registration requirements. Additionally, operators of these aircraft must ensure that the gliders or sailplanes meet all other regulatory requirements not exempted by this instrument, maintaining the overall safety and regulatory standards set by the Civil Aviation Safety Authority (CASA).
Should a glider or sailplane fall out of compliance with the conditions of CASA EX31/09, such as by failing to maintain registration with the GFA, it may face penalties. Although the specific civil or criminal consequences are not detailed in the text, non-compliance could potentially lead to enforcement actions by CASA, including fines, suspension of the aircraft's operating certificate, or other regulatory penalties. The exact penalties would depend on the severity and nature of the non-compliance, as well as any subsequent actions taken by CASA under the broader provisions of CASR 1998.