Explanatory Statement
Civil Aviation Regulations 1988
Exemption — for seaplanes
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in relation to the safety of air navigation.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, among other things, exempt the pilot in command of an aircraft from compliance with specified provisions of CAR 1988. Under subregulation 308 (2), before CASA decides to give an exemption, CASA must take into account all relevant considerations relating to the interests of safety. Subregulation 308 (3) provides that an exemption may be made subject to any conditions necessary in the interests of safety. Under these provisions, it is possible to relax certain aviation rules and provide conditional alternatives if it is safe to do so.
Under subregulation 92 (1) of CAR 1988, among other things, the pilot in command of an aircraft may only land on, or take off from (operate), a place that is an established aerodrome; or a place whose use as an aerodrome is authorised by CASA; or a place that is suitable for use as an aerodrome; and it is safe to operate at that place. Certain bodies of water are suitable and safe as aerodromes for seaplanes. These aerodromes are usually non-controlled.
Regulation 166 sets out relevant definitions. Regulation 166A sets out general requirements for pilots of aircraft operated on the manoeuvring area of, or in the vicinity of, a non‑controlled aerodrome. Regulation 166B deals with straight-in approaches. Under regulation 166C, radio-qualified pilots of aircraft carrying VHF radios must make certain broadcasts on the relevant common traffic advisory frequency (CTAF). Under regulations 166D and 166E, with narrow exceptions, pilots of aircraft operated on the manoeuvring area of, or in the vicinity of, non-controlled (non-towered) aerodromes that are certified, registered, designated non-controlled, or military aerodromes, may commit an offence if the aircraft is not carrying a radio and the pilot is not radio-qualified. Regulation 167 modifies the safety rules for pilots of aircraft that are part of the aerodrome traffic at controlled aerodromes.
Paragraph 166A (2) (d) provides that, if the pilot joins the circuit pattern for the aerodrome for a landing at the aerodrome, the pilot must, after joining the circuit pattern, make all turns in accordance with subregulation 166A (3). Subregulation 166A (3) provides that for paragraph (2) (d) (and (e)), the turns must be made in accordance with CASA directions, or in accordance with visual signals if these are displayed at the aerodrome indicating a direction to make all turns, or in any other case, to the pilot’s left.
Paragraph 166A (2) (e) provides that if the pilot takes off from the aerodrome, the pilot must, after taking off, make all turns in accordance with subregulation 166A (3) while the aircraft is flying in the circuit pattern for the aerodrome.
Paragraph 166A (2) (f) provides that, subject to subregulation 166A (4), if the pilot takes off from the aerodrome, the pilot must maintain the same track from the take-off until the aircraft is 500 feet above the terrain. (Subregulation 166A (4) provides that the rule in paragraph (2) (f) does not apply if a change to the track is necessary to avoid the terrain.)
The instrument replaces, in similar terms, instrument CASA EX49/10. It applies to the pilot in command of a float-equipped or floating-hull aeroplane which, when taking-off from or landing on water, is flown: to avoid an obstacle; or, without affecting the safety of air navigation, to avoid undue noise over a populous area; or to enable a water landing in the event of engine failure. The instrument exempts the pilot in command of a seaplane from paragraphs 166A (2) (d), (e) and (f) of CAR 1988.
Legislative Instruments Act
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 under legislation in force before the commencement of the LIA. Subregulation 308 (4) of CAR 1988 declares an exemption under regulation 308 to be a disallowable instrument. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation and commencement
Consultation under section 17 of the LIA has not been undertaken in this case because of the highly specific nature and purpose of the instrument. The instrument replaces instrument CASA EX49/10 which ceased to have effect at the end of January 2011.
The exemption commences on the day after registration and stops having effect at the end of 31 March 2013.
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
[Instrument number CASA EX48/11]