CASA EX35/13 - Exemption - operating in vicinity of non-controlled aerodrome, VHF radio broadcasts and maintaining a listening watch

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2013L00572 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — operating in vicinity of non-controlled aerodrome, VHF radio broadcasts and maintaining a listening watch

 

Legislation

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.

 

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including the Civil Aviation Regulations 1988 (CAR 1988), or a provision of the Civil Aviation Orders, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

 

Regulation 166C of CAR 1988 provides that if an aircraft is operating on the manoeuvring area of, or in the vicinity of, a non-controlled aerodrome and the aircraft is carrying a serviceable aircraft VHF radio and the pilot in command of the aircraft holds a radiotelephone qualification, the pilot is responsible for making a broadcast on the VHF frequency in use for the aerodrome.  The pilot must make a broadcast that includes the following information whenever it is reasonably necessary to do so to avoid a collision, or the risk of a collision, with another aircraft:

(a) the name of the aerodrome;

(b) the aircraft’s type and call sign;

(c) the position of the aircraft and the pilot’s intentions.

 

Subregulation 243 (1) of CAR 1988 provides that when an aircraft is equipped with radio apparatus for use during flight, the pilot in command must maintain a listening watch, or must ensure that a listening watch is maintained, at all times commencing immediately prior to the time at which the aircraft commences to move on the manoeuvring area prior to flight and lasting until the aircraft is brought to a stop at the apron or other point of termination of the flight.

 

The Australian Aerobatic Club (the Club) has been organising aerobatic championships for many years. The requirements in regulations 166C and 243 of CAR 1988 for the pilot in command to maintain a listening watch and broadcast on the CTAF frequency when operating in the vicinity of a non-controlled aerodrome has affected its ability to conduct various activities during competitions. The Club has applied for an exemption for its pilots from these requirements whilst competing in competitions. CASA has approved the request for exemption subject to conditions which are necessary in the interest of safety.

 

This instrument renews CASA EX49/11 which expired at the end of March 2013.

 

Legislative Instruments Act
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The instrument applies to a class of persons, the pilots in command of the aircraft participating in the competitions. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).

 

Consultation

No consultation has been carried out with the aviation industry in general because the exemption applies to only 1 organisation. The purpose of the exemption is to allow that organisation to carry out its activities as it previously did. Changes to the regulations had introduced changes that competition pilots could not reasonably be expected to comply with. The exemption allows competitions to be held subject to conditions that safeguard the interests of other users of the airspace.

 

CASA considers that events organised by the Club have been satisfactorily administered under the previous exemption and there is no reason why it should not be renewed.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Making and commencement

The exemption has been issued by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

The exemption commences on 1 April 2013 and stops having effect at the end of March 2016 as if it had been repealed by another instrument.

 

[Instrument number CASA EX35/13]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption under regulation 11.160 — operating in vicinity of non-controlled aerodromes, VHF radio broadcasts and maintaining a listening watch

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The Australian Aerobatic Club (the Club) has been organising aerobatic championships for many years. The requirements in regulations 166C and 243 of the Civil Aviation Regulations 1988 for the pilot in command to maintain a listening watch and broadcast on the CTAF frequency when operating in the vicinity of a non-controlled aerodrome have affected its ability to conduct various activities during competitions. The exemption exempts pilots from these requirements while competing in competitions.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide regulations for the Act and the safety of air navigation, under subsection 98(1) of the Civil Aviation Act 1988. The problem this legislation aimed to address was the difficulty experienced by the Australian Aerobatic Club in conducting its aerobatic championships due to the requirements for pilots in command to maintain a listening watch and to broadcast on the Common Traffic Advisory Frequency (CTAF) when operating in the vicinity of non-controlled aerodromes. These requirements, outlined in regulations 166C and 243 of the Civil Aviation Regulations 1988, hindered the Club's ability to organise its competitions effectively. The Civil Aviation Safety Authority (CASA), which is the body responsible for the administration of the Act, approved an exemption for the Club's pilots from these broadcasting and listening watch requirements, subject to conditions necessary for the safety of air navigation. This exemption was introduced to allow the Club to continue its activities in a manner consistent with its past practices while ensuring that the safety of all airspace users is maintained.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the framework for granting exemptions from certain regulations to ensure the safety of air navigation. Specifically, under subsection 98(1) of the Civil Aviation Act 1988, the Governor-General has the power to make regulations, including those for safety of air navigation. Subregulation 11.160(1) of the CASR 1998 further allows the Civil Aviation Safety Authority (CASA) to grant exemptions from specific provisions of the regulations or orders, provided it is in the interest of air navigation safety. This exemption applies to the Australian Aerobatic Club and its pilots in command during aerobatic competitions, allowing them to temporarily forego certain communication and monitoring requirements in the interest of safety. The exemption is subject to conditions imposed by CASA and must be published on the Internet, with a maximum duration of three years. It is important to note that this exemption is specific to the operations of the Australian Aerobatic Club and does not extend to other entities or individuals. The exemption does not engage any of the applicable rights or freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011, and therefore is deemed compatible with human rights.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide for the granting of exemptions from certain regulatory requirements by the Civil Aviation Safety Authority (CASA) under specific circumstances. Subsection 11.160(1) of the CASR 1998 allows CASA to grant exemptions from provisions of the Civil Aviation Regulations 1988 (CAR 1988) or Civil Aviation Orders if doing so is necessary in the interests of air navigation safety. This exemption can be granted to a specific person or a class of persons, and it can be subject to conditions deemed necessary by CASA under regulation 11.205(1). Such exemptions must be published on the Internet as per regulation 11.225 and will generally cease three years after commencement unless a specific end date is provided under subregulation 11.230(1). The regulations in question, specifically regulation 166C and subregulation 243 of CAR 1988, require pilots in command to make VHF broadcasts and maintain a listening watch when operating in the vicinity of non-controlled aerodromes. These provisions aim to avoid collisions by ensuring that pilots are aware of other aircraft in the area. The obligations imposed by these regulations on the parties they govern, particularly the pilots in command, are significant. Pilots must ensure that they broadcast their aircraft’s name, type, call sign, position, and intentions on the appropriate VHF frequency whenever necessary to avoid collisions. Additionally, they must maintain a listening watch on the aerodrome traffic frequency from the moment they start moving on the manoeuvring area until the aircraft is fully stopped. These obligations are critical to maintaining safety in airspace where air traffic control services are not available. The exemption granted to the Australian Aerobatic Club, however, relieves the pilots from these specific broadcasting and listening requirements during competitions, subject to certain conditions imposed by CASA to ensure the safety of other airspace users. Failure to comply with the conditions of the exemption or any other regulatory requirements could result in various consequences. Under Australian law, breaches of civil aviation regulations can lead to enforcement actions by CASA. Depending on the nature and severity of the breach, CASA may impose administrative penalties, which can include fines, or take legal action which could result in criminal charges. The maximum penalties for civil aviation offences can vary widely, but they can include substantial fines for corporations and imprisonment for individuals, depending on the specific offence and jurisdictional provisions. CASA has the authority to enforce compliance through notices, audits, and investigations, ensuring that all aviation activities adhere to safety standards and regulatory requirements.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.