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]
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, governs civil aviation safety and regulation. This legislation establishes the framework within which the Civil Aviation Safety Authority (CASA) operates, ensuring that all aviation activities comply with stringent safety standards. The Civil Aviation Regulations 1988, made under the Act, provide detailed rules and procedures for the safe operation of aircraft, including exemptions for specific aircraft types that do not conform to standard regulations but can still operate safely under certain conditions. The problem this legislation addresses is the need to accommodate specific aircraft types, like the Rotary Air Force (RAF) 2000 two-place gyroplane, which exceed weight limitations but can still operate safely with appropriate oversight. The exemption allows the RAF 2000 gyroplane to carry passengers, provided it adheres to the conditions specified by CASA, thereby balancing safety with operational flexibility. This legislative approach reflects the policy objective of ensuring public safety while facilitating innovation and operational efficiency in civil aviation.
Scope and Application
The Civil Aviation Act 1988 applies to various persons, entities, and aircraft within the Commonwealth of Australia, establishing regulatory frameworks for the safety of air navigation. Under this Act, the Civil Aviation Regulations 1988 are implemented, which include specific provisions that allow the Civil Aviation Safety Authority (CASA) to exempt certain aircraft from compliance with particular regulations, provided safety conditions are met. For example, subregulation 308 of the Civil Aviation Regulations 1988 allows CASA to exempt specific aircraft types or categories from certain regulatory requirements, subject to conditions necessary for safety. This regulatory flexibility is particularly evident in the exemption granted to the Rotary Air Force (RAF) 2000 two-place gyroplane, which exceeds the standard maximum weight limit for gyroplanes as specified in the Civil Aviation Orders. This exemption, which permits the carriage of passengers under certain conditions, came into effect upon gazettal and is set to cease at the end of November 2006. The exemption is a disallowable instrument and requires the signature of the Director of Aviation Safety on behalf of CASA.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) under consideration here are sections 308(1) and 308(3). Section 308(1) allows the Civil Aviation Safety Authority (CASA) to exempt specific aircraft, types, or categories of aircraft from compliance with the regulations, provided it is for the interests of safety. Section 308(3) then stipulates that such exemptions are subject to any conditions CASA specifies to ensure safety. This particular exemption, concerning the Rotary Air Force (RAF) 2000 two-place gyroplane, was introduced under these provisions, allowing it to carry passengers without adhering to previous restrictions. The exemption is effective as of its gazettal and will cease to have effect by the end of November 2006.
The obligations and requirements imposed by the Act and the regulations on the parties governed by this exemption include compliance with any conditions set by CASA. CASA, acting on behalf of the Australian Government, has the responsibility to specify conditions that ensure the safety of the aircraft, passengers, and the general public. The RAF 2000 gyroplane must adhere to these conditions to maintain its exemption status. The conditions likely include regular maintenance checks, adherence to flight operation standards, and possibly limitations on the types of flights permitted. Failure to meet these conditions could result in the revocation of the exemption, thereby requiring the aircraft to comply fully with the original regulations.
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1988 provide for various offences, penalties, and consequences for breaches of the regulations. While the specific penalties for breaching the conditions of this exemption are not detailed in the explanatory statement, generally, breaches of civil aviation regulations can result in both civil and criminal penalties. Civil penalties may include fines and the imposition of corrective measures by CASA. Criminal penalties may include fines and imprisonment, depending on the severity of the breach and its impact on safety. The maximum penalties for specific breaches would be determined by the courts based on the particular circumstances of each case and relevant statutory provisions. It is essential for operators and owners of the RAF 2000 gyroplane to be fully aware of and comply with the conditions to avoid such penalties.