Explanatory Statement
Civil Aviation Regulations 1988
Exemption — operating in vicinity of non-controlled aerodromes, VHF radio broadcasts and maintaining a listening watch
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and 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 a person from compliance with the regulations. Subregulation 308 (3) provides that the exemption is subject to the person or 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 section 46A of the Acts Interpretation Act 1901.
Regulation 166C of CAR 1988 provides that if an aircraft is operating on the manoeuvring area of, or in the vicinity of, a non-controlled aerodrome and the aircraft is carrying a serviceable aircraft VHF radio and the pilot in command of the aircraft holds a radiotelephone qualification, the pilot is responsible for making a broadcast on the VHF frequency in use for the aerodrome. The pilot must make a broadcast that includes the following information whenever it is reasonably necessary to do so to avoid a collision, or the risk of a collision, with another aircraft:
(a) the name of the aerodrome;
(b) the aircraft’s type and call sign;
(c) the position of the aircraft and the pilot’s intentions.
Subregulation 243 (1) of CAR 1988 provides that when an aircraft is equipped with radio apparatus for use during flight, the pilot in command must maintain a listening watch, or must ensure that a listening watch is maintained, at all times commencing immediately prior to the time at which the aircraft commences to move on the manoeuvring area prior to flight and lasting until the aircraft is brought to a stop at the apron or other point of termination of the flight.
The Australian Aerobatic Club (the Club) has been organising aerobatic championships for many years. The requirements in regulations 166C and 243 of CAR 1988 for the pilot in command to maintain a listening watch and broadcast on the CTAF frequency when operating in the vicinity of a non-controlled aerodrome has affected its ability to conduct various activities during competitions. The Club has applied for an exemption for its pilots from these requirements whilst competing in competitions. CASA has approved the request for exemption subject to conditions which are necessary in the interest of safety.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares any exemption to which it applies to be a disallowable instrument. 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. 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
Consultation under section 17 of the LIA has not been undertaken in this case. The exemption has been issued at the request of the Club to enable it to continue with the organisation of its championship activities.
The exemption commences on 20 April 2011 and stops having effect at the end March 2013.
The exemption has been issued by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX49/11]