EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
EXEMPTION FROM PARAGRAPHS 166 (1) (d), (f) AND (g) OF THE CIVIL AVIATION REGULATIONS 1988
Under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft from compliance with specified provisions of CAR 1988. Such an exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
In the absence of any licensed water aerodromes in New South Wales, floatplanes are allowed (under paragraph 92 (1) (d) of CAR 1988) to operate from any suitable stretch of water.
The requirements of paragraphs 166 (1) (d), (f) and (g) of CAR 1988, under which pilots in command of aircraft are required to comply with certain requirements when taking off or landing, are considered inappropriate for floatplanes. If a floatplane had to climb to 500 feet before turning after take‑off, or could turn only to the left, or had to fly a straight final for 500 metres, the floatplane would only be able to operate on very large bodies of water and, moreover, would be forced to fly over houses set along the foreshores of waterways.
The instrument exempts operations by floatplanes VH-AQA, VH-AQU, VH-NOO and VH-LAZ from the requirements of CAR 1988 set out above and will allow the floatplanes to operate entirely over water during take-off and landing. This enhances safety by permitting a water landing to be made in the event of engine failure and also satisfies the noise sensitivity of local inhabitants.
The exemption, which was signed on behalf of CASA by the Director of Aviation Safety, in accordance with section 84A of the Civil Aviation Act 1988, came into effect on gazettal and stops having effect at the end of November 2006.
[Exemption Number: CASA EX37/2002]