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]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the aviation industry. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, including those that allow the Civil Aviation Safety Authority (CASA) to exempt certain aircraft, categories of aircraft, or persons associated with their operations from specified provisions of the CAR 1988, provided that safety is not compromised. This particular exemption, issued under subregulation 308(4) of the CAR 1988, aims to prevent pilots in command of exempted single engine aeroplanes engaged in private or aerial work operations from breaching the maximum take-off weight specified in the aircraft's flight manual. The exemption, which is subject to disallowance under section 46A of the Acts Interpretation Act 1901, is effective until the end of August 2006 and requires the exempted pilots to continue observing all other limitations, procedures, and instructions in the flight manual.
Scope and Application
The Civil Aviation Regulations 1988, under Section 98 of the Civil Aviation Act 1988, allow the Governor-General to establish regulations, including exemptions from certain regulatory provisions. Specifically, subregulation 308(1) of these regulations empowers the Civil Aviation Safety Authority (CASA) to exempt aircraft, categories of aircraft, or persons associated with their operations from specified provisions of the regulations, provided that any such exemption is subject to conditions deemed necessary for safety, as per subregulation 308(3). This exemption mechanism extends to disallowable instruments under section 46A of the Acts Interpretation Act 1901. An example of this is subregulation 235(11), which grants operators and pilots in command of single engine aeroplanes used for private or aerial work operations, and possessing a certificate of airworthiness in the agricultural or restricted category with a permanently installed jettison system, an exemption from compliance with subregulation 235(4) of the Civil Aviation Regulations 1988. This consequential instrument, CASA EX33/2004, ensures that exempted pilots do not breach the maximum take-off weight specified in the aircraft’s flight manual as stipulated in regulation 138 of the Civil Aviation Regulations 1988. The exemption is effective from the date of gazette and expires at the end of August 2006.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) contain several provisions that govern the operation of aircraft in Australia. Section 98 of the Civil Aviation Act 1988 (the Act) allows for the creation of regulations by the Governor-General, and subregulation 308(1) of CAR 1988 provides that the Civil Aviation Safety Authority (CASA) may exempt aircraft or persons associated with aircraft operations from specified provisions of CAR 1988. Subregulation 308(3) states that any exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary for safety reasons. Furthermore, subregulation 308(4) states that such an exemption is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Act and CAR 1988 on the parties or entities they govern are significant. 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, are subject to specific exemptions from compliance with certain provisions of CAR 1988. However, these exemptions are subject to conditions that must be met to ensure safety. The exemption granted by subregulation 235(11) of CAR 1988 allows operators and pilots in command of specified aeroplanes to deviate from the maximum take-off weight specified in the aircraft's flight manual, but they must still observe all other limitations, procedures, and instructions in the flight manual.
Breach of the conditions of the exemption or non-compliance with the requirements of CAR 1988 may result in civil or criminal consequences. The maximum penalties for breaches of CAR 1988 are set out in section 26 of the Civil Aviation Act 1988 and may include fines of up to $22,200 for individuals and $111,000 for corporations, as well as imprisonment for up to two years. In addition, CASA may take enforcement action against operators and pilots who breach the conditions of the exemption or fail to comply with the requirements of CAR 1988. This may include the suspension or revocation of certificates of airworthiness, pilot licences, or other authorisations, as well as the imposition of fines or other penalties.