Explanatory Statement
Civil Aviation Regulations 1988
Exemption from compliance with flight manual for jettison system
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Legislation
Under subregulation 235 (4) of the Civil Aviation Regulations 1988 (CAR 1988), the pilot in command of an aircraft must not allow it to take off if its gross weight exceeds its maximum take-off weight (MTOW) (or a lesser weight determined in accordance with a CASA direction under subregulation 235 (2)).
Under subregulation 235 (11) of CAR 1988, CASA may exempt an aircraft from any of the requirements imposed by regulation 235.
Exemption from MTOW
Instrument CASA EX22/2002 (September 2002) exempts operators and pilots in command of certain aeroplanes from the requirements of subregulation 235 (4) of CAR 1988. These aeroplanes are single engine aeroplanes engaged in private or aerial work operations which have a certificate of airworthiness in the agricultural category or in the restricted category and a permanently installed jettison system. A jettison system is one that allows the pilot to jettison in flight the contents of a hopper or vessel that is permanently installed in the aeroplane.
There are conditions on this exemption. The aeroplane may take off if its gross weight exceeds its MTOW (or the determined lesser weight) only if the weight in excess of the MTOW (or in excess of the determined lesser weight) is less than the weight of the jettisonable load.
Also, the aeroplane must not take off if its gross weight exceeds whichever is the highest of the maximum weight shown in either the flight manual, a cockpit placard or on a type certificate or type certificate data sheet issued for the aeroplane by a national airworthiness authority.
Compliance with operations manual
Under subregulation 138 (1) of CAR 1988, if a flight manual has been issued for an Australian aircraft, the pilot in command must comply with the operational limitations mentioned in it. Under subregulation 138 (2) of CAR 1988, if a flight manual has not been issued but, consistent with the relevant airworthiness standards, the operational limitations are in a placard, or partly in a placard and partly in another document, the pilot in command must comply with the operational limitations mentioned in the placard and document.
A pilot in command in an appropriate aeroplane operation who wished to take advantage of instrument CASA EX22/2002 would be in conflict with the requirements of regulation 138 of CAR 1988 unless exempted from it by an exemption instrument.
Exemption from regulation 138
Under subregulation 308 (1) of CAR 1988, CASA may exempt an aircraft, or persons in, on or associated with the operations of the aircraft, from compliance with specified provisions of CAR 1988. Before issuing an exemption, CASA must take into account all relevant considerations relating to the interests of safety.
To avoid a conflict between instrument CASA EX22/2002 and regulation 138 of CAR 1988, the exemption instrument exempts the pilot in command of a single engine aeroplane engaged in private or aerial work operations and which has a certificate of airworthiness in the agricultural category or in the restricted category and a permanently installed jettison system in the aeroplane, from complying with the maximum take-off weight limitations specified in the flight manual, placard or partly in a placard and partly in another document for the aeroplane.
The pilot in command must continue to observe all other limitations, procedures and instructions in the flight manual, placard or other document.
Because of their terms and application, this exemption instrument and instrument CASA EX22/2002 will operate in a complementary way.
This exemption instrument replaces instrument CASA EX33/2004, which expires at the end of August 2006. Unless sooner revoked, it will remain in force until the end of August 2008.
The exemption instrument has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX40/06]