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]
Overview
The Civil Aviation Regulations 1988 were enacted by the Australian Parliament to regulate the safety of air navigation and implement the Civil Aviation Act 1988. The objective of these regulations is to ensure the safe operation of aircraft in Australian airspace. One particular area of focus is the maximum take-off weight (MTOW) of aircraft, which is crucial for safety reasons. To address a specific operational challenge, the Civil Aviation (Aeroplane Jettison System) Exemption Instrument 2006 was introduced to provide exemptions under certain conditions for aircraft with a permanently installed jettison system. This exemption allows the pilot in command of single engine aeroplanes engaged in private or aerial work operations to take off if their gross weight exceeds the MTOW, provided the excess weight does not surpass the weight of the jettisonable load. The exemption also ensures compliance with other operational limitations specified in the flight manual or other documents, thus maintaining a balance between operational flexibility and safety. The exemption was introduced by the Civil Aviation Safety Authority (CASA), which is the relevant regulatory body tasked with overseeing the safe operation of aircraft in Australia.
Scope and Application
The Civil Aviation Regulations 1988, as amended by Instrument CASA EX40/06, applies to specific operators and pilots in command of single-engine aeroplanes engaged in private or aerial work operations, which possess a certificate of airworthiness in either the agricultural or restricted category, and are equipped with a permanently installed jettison system. This regulation operates under the authority of the Civil Aviation Act 1988, which pertains to the safety of air navigation, and is enforced by the Civil Aviation Safety Authority (CASA). The exemption granted under CASA EX40/06 allows these aeroplanes to take off if their gross weight exceeds their maximum take-off weight (MTOW), provided that the weight in excess of the MTOW is less than the weight of the jettisonable load. Additionally, the aeroplane must not take off if its gross weight exceeds the highest maximum weight specified in the flight manual, a cockpit placard, or a type certificate or type certificate data sheet issued by a national airworthiness authority. This exemption serves to complement instrument CASA EX22/2002 by relieving the pilot in command from adhering to the maximum take-off weight limitations specified in the flight manual, placard, or other document, while still requiring compliance with all other limitations, procedures, and instructions. This exemption instrument supersedes CASA EX33/2004 and will remain in effect until August 2008, unless earlier revoked.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) provide the regulatory framework governing the safety of air navigation in Australia, as authorised by Section 98 of the Civil Aviation Act 1988. Under subregulation 235 (4) of CAR 1988, the pilot in command of an aircraft must ensure the aircraft does not take off if its gross weight exceeds its maximum take-off weight (MTOW). However, subregulation 235 (11) allows the Civil Aviation Safety Authority (CASA) to grant exemptions from these requirements. Specifically, Instrument CASA EX22/2002, which came into effect in September 2002, exempts certain single engine aeroplanes used for private or aerial work operations, provided they have a certificate of airworthiness in the agricultural or restricted category and are equipped with a permanently installed jettison system. This exemption permits the aeroplane to take off if the weight in excess of the MTOW is less than the weight of the jettisonable load, but it must not exceed the highest maximum weight shown in the flight manual, a cockpit placard, or a type certificate or type certificate data sheet issued by a national airworthiness authority.
The obligations imposed by these regulations require operators and pilots to adhere to strict weight limitations, except where exempted by CASA. For those aeroplanes covered by Instrument CASA EX22/2002, the exemption allows for more flexibility in take-off weight calculations, but this must be balanced with the safety considerations inherent in flight operations. Pilots must still comply with all other operational limitations, procedures, and instructions contained in the aeroplane’s flight manual, placards, or other relevant documents. Furthermore, the exemption instrument issued under subregulation 308 (1) of CAR 1988 ensures that CASA considers all relevant safety factors before granting an exemption.
Failure to comply with the Civil Aviation Regulations 1988 can lead to severe consequences. Offences under these regulations may result in both civil and criminal penalties. For instance, knowingly allowing an aircraft to take off in violation of weight restrictions can result in significant fines and potential imprisonment. The maximum penalties can vary depending on the severity of the breach, but they are designed to enforce strict adherence to safety standards. Civil penalties may include substantial fines, while criminal penalties can involve imprisonment for individuals found guilty of operating an aircraft in a manner that contravenes the regulations. These stringent measures underscore the importance of compliance with the regulatory framework to ensure the safety of air navigation.