CASA EX49/11 – Exemption – operating in vicinity of non-controlled aerodrome, VHF radio broadcasts and maintaining a listening watch

Overview

The Civil Aviation Regulations 1988, amended in 2011, aim to enhance safety in air navigation by providing regulatory frameworks that govern various aspects of aviation operations. Specifically, the regulation addresses the operational challenges faced by the Australian Aerobatic Club when conducting competitions at non-controlled aerodromes. The Civil Aviation Act 1988 empowers the Governor-General to enact regulations for the Act and the safety of air navigation. Pursuant to this, the Civil Aviation Regulations 1988 allow the Civil Aviation Safety Authority (CASA) to exempt certain individuals from specific regulatory requirements, provided that safety conditions are met. The exemption issued to the Australian Aerobatic Club, effective from 20 April 2011 to 31 March 2013, enables its pilots to forego certain VHF radio broadcast and listening watch obligations during competitions, while ensuring that safety conditions are adhered to. This exemption is subject to disallowance by Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988, specifically Regulation 166C, mandates that pilots operating in the vicinity of non-controlled aerodromes must make broadcasts on the relevant VHF frequency to avoid collisions. This requirement also extends to pilots maintaining a listening watch on the Common Traffic Advisory Frequency (CTAF) when equipped with a serviceable aircraft VHF radio and holding the necessary radiotelephone qualification. These regulations apply to all pilots operating in the vicinity of non-controlled aerodromes within Australia. However, the Australian Aerobatic Club has sought and been granted an exemption from these requirements during its championship events, subject to conditions ensuring safety. This exemption, effective from 20 April 2011 until the end of March 2013, is a legislative instrument under the Legislative Instruments Act 2003 and is subject to disallowance in Parliament. The exemption was issued directly by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) and was made without consultation, at the specific request of the Club to facilitate its championship activities.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 (Act) provide various requirements for the safe operation of aircraft, particularly in the vicinity of non-controlled aerodromes. Regulation 166C (subsection 98(1)) stipulates 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 holds a radiotelephone qualification, the pilot must broadcast on the VHF frequency in use for the aerodrome whenever it is reasonably necessary to avoid a collision or the risk of a collision. The broadcast must include the name of the aerodrome, the aircraft’s type and call sign, and the position of the aircraft and the pilot’s intentions. Additionally, subregulation 243(1) mandates that the pilot in command must maintain a listening watch or ensure that a listening watch is maintained at all times from the moment the aircraft commences to move on the manoeuvring area prior to flight until the aircraft is brought to a stop at the apron or other point of termination of the flight. The Australian Aerobatic Club has been operating aerobatic championships for several years, and these regulations have impacted their ability to conduct various activities during competitions. To address this, the Club applied for an exemption from the requirements in regulations 166C and 243 of CAR 1988. The Civil Aviation Safety Authority (CASA) has approved this exemption, subject to conditions necessary in the interests of safety. This exemption is provided under subregulation 308(1) of CAR 1988, which allows CASA to exempt a person from compliance with the regulations, and subregulation 308(3), which stipulates that such exemptions are subject to any conditions specified by CASA as being necessary in the interests of safety. Moreover, subregulation 308(4) of CAR 1988 declares any exemption to which it applies to be a disallowable instrument, thereby making it subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003 (LIA). While subregulation 308(4) of CAR 1988 specifies that any exemption is a disallowable instrument, the LIA (subparagraph 6(d)(i)) recognises such exemptions as legislative instruments, subject to the disallowance process. The exemption granted to the Australian Aerobatic Club has been issued at the request of the Club to facilitate the continuation of its championship activities. Notably, consultation under section 17 of the LIA has not been undertaken in this case. The exemption was issued by the Director of Aviation Safety on behalf of CASA, in accordance with subsection 73(2) of the Act. The exemption took effect on 20 April 2011 and will cease to have effect at the end of March 2013. There are no explicit offences, penalties, or civil/criminal consequences detailed for breach of the exemption conditions in the provided text. However, any failure to comply with the conditions of the exemption, or any other requirement of the Civil Aviation Regulations 1988, could potentially result in enforcement actions by CASA, which may include fines, suspension, or revocation of pilot licences, aircraft certificates, and other authorisations. The specific penalties for breaches of aviation regulations are generally outlined in other sections of the Civil Aviation Act 1988 and related regulations, which may include monetary penalties and imprisonment.