Explanatory Statement
Civil Aviation Regulations 1988
Exemption — maximum take-off weight requirements in flight manuals or other documents (agricultural or restricted category aircraft)
Legislation
Section 98 of the Civil Aviation Act 1988 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 operation of those aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (3) provides that such an 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 section 46A of the Acts Interpretation Act 1901.
Under subregulation 235 (11) of CAR 1988, 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 (CASA EX22/2002) from compliance with the requirements of subregulation 235 (4) of CAR 1988. Subregulation 235 (4) requires weight at take-off not to exceed the maximum take-off weight (MTOW) calculated under that regulation.
This instrument is a consequential instrument that prevents pilots in command of aircraft who have been exempted from compliance with subregulation 235 (4) of CAR 1988 from breaching the requirements of regulation 138 of CAR 1988 in respect of the MTOW specified in the aircraft’s flight manual.
Under this exemption, a pilot in command of a specified aeroplane is only exempted from complying with the MTOW 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.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument in legislation in force before the commencement of the LIA. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument replaces a previous exemption (CASA EX30/09) that expires at the end of March 2011 and was issued for the same categories of aircraft and was intended to facilitate operations under the primary instrument of exemption issued under subregulation 235 (11) of CAR 1988. The take-off of the aircraft mentioned at a weight that exceeds the estimated MTOW is normal in the course of agricultural operations involving use of a hopper or vessel.
The instrument commences on the date of registration. It stops having effect at the end of March 2013.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX38/11]
Overview
The Civil Aviation Regulations 1988, as amended by the instrument F2011L00601, address the issue of maximum take-off weight requirements for agricultural or restricted category aircraft. Enacted by the Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988, this instrument exempts certain aircraft from specific regulatory requirements, subject to safety conditions, to facilitate agricultural operations. The policy objective is to enable safe and efficient agricultural practices by allowing pilots to operate within certain weight limits while ensuring that other safety requirements are still met. This legislative instrument aims to streamline operations for these categories of aircraft, allowing them to comply with safety standards while performing critical agricultural tasks.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) govern the operation of aircraft in Australia, and the specific exemption concerning maximum take-off weight requirements for agricultural or restricted category aircraft applies to operators and pilots in command of single engine aeroplanes engaged in private or aerial work operations. These aircraft must hold a certificate of airworthiness in the agricultural or restricted category and possess a permanently installed jettison system that allows the pilot in command to jettison the contents of a hopper or vessel in flight. The exemption allows these aeroplanes to deviate from the maximum take-off weight (MTOW) specified in their flight manuals, provided they comply with the conditions set by the Civil Aviation Safety Authority (CASA) to ensure safety. This exemption does not relieve the pilots from observing other limitations, procedures, and instructions contained in the flight manual. The exemption is a legislative instrument subject to tabling and disallowance in Parliament and is effective until the end of March 2013.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) contain specific provisions regarding the exemption of certain aircraft from maximum take-off weight (MTOW) requirements under certain conditions (subregulation 235(11)). This exemption applies to single engine aeroplanes in the agricultural or restricted category, which have a permanently installed jettison system to allow the pilot to jettison in flight the contents of a hopper or vessel. The exemption relieves the aircraft from the requirements of subregulation 235(4) of CAR 1988, which mandates that the weight at take-off must not exceed the MTOW calculated under that regulation (subregulation 308(1) and (3)). However, it is important to note that this exemption only pertains to the MTOW specified in the aircraft's flight manual and does not exempt pilots from observing all other limitations, procedures, and instructions within the manual (subregulation 235(11)).
Operators and pilots in command of these aircraft must adhere to the conditions set by the Civil Aviation Safety Authority (CASA) to ensure safety, which include compliance with any specified conditions necessary for safety (subregulation 308(3)). Additionally, as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, this exemption is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (subregulation 308(4) and subparagraph 6(d)(i) of the LIA). Despite consultation not being undertaken under section 17 of the LIA for this specific instrument, it replaces a previous exemption (CASA EX30/09) that expired at the end of March 2011, aiming to facilitate operations under the primary exemption.
The primary consequence of breaching the conditions of this exemption is that it may result in non-compliance with the MTOW specified in the aircraft’s flight manual, which could potentially lead to safety issues. However, the exact nature of the penalties for such breaches is not detailed within the provided text. It is important for operators and pilots to ensure they adhere to all specified conditions and limitations set by CASA to maintain safety standards. The instrument comes into effect on the date of registration and will cease to have effect at the end of March 2013, unless otherwise extended by CASA.