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]
Overview
The Civil Aviation Act 1988, complemented by the Civil Aviation Regulations 1988, was enacted to regulate and oversee civil aviation within Australia, ensuring the safety and efficiency of air travel. An issue arose concerning the operation of floatplanes, particularly in New South Wales where no licensed water aerodromes existed. This situation necessitated an exemption from certain regulatory requirements that were deemed inappropriate for the unique operational characteristics of floatplanes. To address this problem, CASA issued an exemption under regulation 308 of the Civil Aviation Regulations, allowing specific floatplanes to operate from any suitable stretch of water without adhering to certain take-off and landing requirements. The policy objective was to enhance safety and accommodate the noise sensitivity of local communities by enabling floatplanes to conduct water landings in the event of engine failure. The exemption was signed by the Director of Aviation Safety and came into effect upon gazettal, expiring at the end of November 2006.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) establish various requirements for aircraft operations, including specific standards for take-off and landing procedures. However, certain exemptions can be granted by the Civil Aviation Safety Authority (CASA) under regulation 308 to particular aircraft or operators to address unique circumstances. An exemption issued under this authority pertains to four specific floatplanes, namely VH-AQA, VH-AQU, VH-NOO, and VH-LAZ, which are allowed to operate without compliance with certain provisions of CAR 1988. This exemption addresses the practical difficulties floatplanes face due to their operation over water, particularly in areas without licensed water aerodromes, such as in New South Wales. By exempting these aircraft from the need to climb to 500 feet before turning after take-off, restricting turns to one direction, or flying a straight final for 500 metres, the regulation enhances operational flexibility and safety, allowing floatplanes to land on water in the event of engine failure and accommodating local noise sensitivity concerns.
The exemption applies specifically to the identified floatplanes and their operations, allowing them to conduct take-off and landing entirely over water. This exemption was signed by the Director of Aviation Safety in accordance with section 84A of the Civil Aviation Act 1988, and it came into effect upon gazettal, expiring at the end of November 2006. The scope of this exemption is limited to the specified aircraft and the particular operational context of floatplane operations in New South Wales, reflecting CASA's role in balancing regulatory requirements with practical aviation needs.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Regulations 1988 (CAR 1988), governs the operation of aircraft in Australia. One specific exemption (CASA EX37/2002) allows certain floatplanes to deviate from certain regulatory requirements under paragraphs 166(1)(d), (f), and (g) of CAR 1988. This exemption was implemented because the standard operational requirements for aircraft takeoff and landing are considered unsuitable for floatplanes, which typically operate over water. Floatplanes VH-AQA, VH-AQU, VH-NOO, and VH-LAZ are the specific aircraft covered by this exemption, allowing them to conduct their takeoffs and landings entirely over water, thereby improving safety and accommodating local noise sensitivities.
The obligations imposed by this exemption require the operators of the specified floatplanes to adhere to the conditions set out in CASA EX37/2002. These conditions permit the floatplanes to operate from any suitable stretch of water in New South Wales, where no licensed water aerodromes exist, and exempt them from the need to climb to 500 feet before turning after takeoff, the restriction to turn only to the left, and the requirement to fly a straight final approach for 500 metres. These conditions ensure that the floatplanes can operate safely and efficiently over water, while also respecting the operational limitations of the aircraft and the surrounding environment.
Breaches of the regulations outlined in CAR 1988 can lead to both civil and criminal consequences. While the specific exemption itself does not introduce additional offences, non-compliance with the Civil Aviation Act 1988 or CAR 1988 in general can result in penalties. Civil penalties may include fines and other monetary penalties, whereas criminal penalties can include imprisonment. The maximum penalties for breaches of the Civil Aviation Act 1988 can vary depending on the severity and nature of the offence, but they can include substantial fines and imprisonment terms that reflect the seriousness of the violation. It is essential for operators of the exempted floatplanes to ensure strict adherence to the conditions of CASA EX37/2002 to avoid any legal repercussions associated with non-compliance.