EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
EXEMPTION FROM THE REQUIREMENTS OF CIVIL AVIATION REGULATION 138
Section 98 of the Civil Aviation Act 1988 (the Act) 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 operations of those aircraft from compliance with specified provisions of CAR 1988.
Subregulation 308 (3) provides that such 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 the purposes of section 46A of the Acts Interpretation Act 1901.
Under subregulation 235 (11), 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.
This instrument is a consequential instrument that prevents pilots in command of an aircraft who have been exempted from compliance with subregulation 235 (4) from breaching the requirements of regulation 138 of CAR 1988 in respect of the maximum take-off weight specified in the aircraft’s flight manual.
Under this exemption, the pilot in command of the specified aeroplanes is only exempted from complying with the maximum take-off weight 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.
The exemption has been signed by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, under regulation 7 of CAR 1988.
The exemption comes into effect on gazettal and ceases to have effect at the end of August 2006.
[Exemption Number: CASA EX33/2004]