EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
EXEMPTION OF ROTARY AIR FORCE 2000 TWO PLACE
GYROPLANES
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may, in relation to a particular aircraft or specified type or category of aircraft, exempt that aircraft, type or category from compliance with “these regulations”. In subregulation 2 (1) of CAR 1988, the term “these regulations” is defined to include the Civil Aviation Safety Regulations 1998. Subregulation 308 (3) provides that the 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), the exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
The exemption permits a Rotary Air Force (RAF) 2000 two place gyroplane to carry passengers without being subject to previous restrictions on the carriage of passengers. The RAF 2000 gyroplane operated between 1997 and 2003 under an individual exemption that did not allow the carriage of passengers except for flying training, and then under an exemption which stopped having effect on 30 November 2004.
This aircraft requires an exemption because it exceeds the maximum weight specified under section 95.12.1 of the Civil Aviation Orders. Section 95.12.1 is a general exemption which applies to gyroplanes with a maximum weight of not more than 300 kilograms.
This exemption permits a RAF 2000 two place gyroplane to carry a passenger, if it complies with the applicable conditions.
The exemption came into effect on gazettal and stops having effect at the end of November 2006.
The exemption has been signed by the Director of Aviation Safety, on behalf of CASA, under section 84A of the Act.
[Exemption Number: CASA EX40/2004]