CASA EX49/18 — Display of Markings (Gliders and Powered Sailplanes) Exemption 2018

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2018L00584 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA EX49/18 — Display of Markings (Gliders and Powered Sailplanes) Exemption 2018

 

Purpose

The purpose of this instrument is to enable the continued operation in Australian territory of all gliders and powered sailplanes registered with the Gliding Federation of Australia (GFA) without the aircraft displaying the Australian nationality mark “VH”.

 

For many gliders and sailplanes it is not possible to display the full markings due to the limited area available on the aircraft. Requiring the displaying of full markings on these aircraft would also have significant time and cost implications to the affected aircraft owners for no identifiable additional safety benefit.

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interest of the safety of air navigation. Relevantly, the Governor-General has made the Civil Aviation Safety Regulations 1998 (CASR) and Civil Aviation Regulations 1988 (CAR).

 

Under subregulation 45.055 (1) of CASR, the registration holder and the registered operator of an aircraft commit an offence if the aircraft is operated and a requirement that is prescribed by the Part 45 Manual of Standards and that applies to the aircraft is not met.

 

The Part 45 Manual of Standards prescribes requirements relating to the display of markings on an aircraft, including for gliders and powered sailplanes.

 

Subregulation 45.015 (1) of CASR defines markings, for an aircraft, as the Australian nationality mark and the aircraft’s registration mark, in that order, connected by a hyphen. Subregulation 45.015 (2) of CASR provides that a registered glider or a powered sailplane operating in Australian territory that has a registration mark beginning with “G” need not display the Australian nationality mark.

 

Under subregulation 11.160 (1) of CASR, for subsection 98 (5A) of the Act, CASA may grant an exemption from compliance with a provision of the regulations in relation to a matter mentioned in that subsection.

 

Subregulation 11.175 (4) provides that, in deciding whether to renew an exemption, CASA must regard as paramount the preservation of an acceptable level of aviation safety.

 

Background

The instrument renews CASA EX39/17 that expired on 28 February 2018. In renewing CASA EX39/17, CASA has regarded as paramount the preservation of at least an acceptable level of safety.

 

Instrument

The effect of the instrument is to exempt the registration holder and operator of gliders and sailplanes registered with the GFA from the CASR requirement to include the Australian nationality mark in the aircraft’s markings, if the aircraft’s registration mark begins with a character other than “G”.

 

Section 1 sets out the name of the instrument.

 

Section 2 sets out the duration of the instrument. The instrument commences on the day after it is registered and is to be repealed at the end of 30 April 2020.

 

Section 3 sets out the application of the instrument. The instrument applies to the registration holder and the registered operator of a glider or a powered sailplane that is registered with the GFA and operating in an Australian territory and has a registration mark that begins with a character other than “G”.

 

Section 4 exempts a registration holder and a registered operator of a glider or powered sailplane from compliance with subregulation 45.015 (2) of CASR to the extent that the subregulation requires the registration holder and the registered operator to display the Australian nationality mark on the aircraft if the aircraft’s registration mark begins with a character other than “G”.

 

Legislation Act 2003 (the LA)

Paragraph 98 (5A) (a) of the Act provides that CASA may issue an instrument in relation to matters affecting the safe navigation and operation or the maintenance of aircraft. Additionally, paragraph 98 (5AA) (a) of the Act provides that an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons or a class of aircraft. As the instrument exempts the registration holders and the registered operators of a glider or a powered sailplane (a class of persons), it is a legislative instrument. It is, therefore, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

 

Consultation

CASA undertook public consultation during 2015 on draft amendments proposing to incorporate the terms of CASA EX39/17 into Part 45 of CASR. No negative responses were received regarding the proposed provisions.

 

The instrument is made in substantially similar terms to CASA EX39/17. The exemption is beneficial to industry and reflects the current arrangements. The instrument removes an unnecessary burden on registration holders and operators of gliders and powered sailplanes from having to include the Australian nationality mark on these aircraft.

 

CASA intends to progress the amendment of Part 45 of CASR in 2019 so that this exemption will not be required. In these circumstances, CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.

 

Statement of Compatibility with Human Rights

The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms and is compatible with human rights as it does not raise any human rights issues.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required in this case as the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).

 

Making and commencement

The instrument is made by a delegate of CASA relying on the power of delegation under regulation 11.260 of CASR.

 

The exemption commences on the day after it is registered and is repealed at the end of 30 April 2020.

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

CASA EX49/18 — Display of Markings (Gliders and Powered Sailplanes) Exemption 2018

 

This legislative instrument is compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The exemption will allow gliders and powered sailplanes administered by the Gliding Federation of Australia to operate without the nationality mark, whether or not the first character of the registration mark is the character “G”, when operating in Australian territory.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 Display of Markings (Gliders and Powered Sailplanes) Exemption 2018, or CASA EX49/18, was enacted to address the logistical and financial challenges faced by glider and powered sailplane operators in displaying the required Australian nationality mark “VH” on their aircraft. This exemption was introduced in response to the impracticality and cost associated with fitting the full set of markings on these types of aircraft, given the limited space available on their surfaces. The exemption aims to ensure the continued operation of these aircraft within Australian territory without compromising aviation safety. The exemption was made under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and it renews a previous exemption (CASA EX39/17) that expired on 28 February 2018. The policy objective of this exemption is to balance operational practicality with the paramount need to maintain an acceptable level of aviation safety.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) Display of Markings (Gliders and Powered Sailplanes) Exemption 2018 aims to facilitate the operation of gliders and powered sailplanes registered with the Gliding Federation of Australia (GFA) in Australian territory without the requirement to display the Australian nationality mark "VH". This exemption applies to the registration holders and operators of gliders and powered sailplanes that have a registration mark beginning with a character other than "G", and are registered with the GFA and operating within Australian territory. The exemption is granted under subregulation 11.160(1) of the CASR, allowing the Civil Aviation Safety Authority (CASA) to exempt compliance with certain provisions of the regulations if it is in the interest of aviation safety. The exemption is set to commence on the day after it is registered and will be repealed by the end of 30 April 2020. The instrument is a legislative instrument under the Legislation Act 2003, and thus, it is subject to tabling and disallowance in the Parliament. This exemption alleviates the operational burden on glider and powered sailplane owners by removing the need to display the Australian nationality mark, which is particularly significant given the limited space available on these aircraft. Furthermore, the exemption does not engage any applicable rights or freedoms, and is therefore compatible with human rights.

Key Provisions

The key operative sections of the Civil Aviation Safety Regulations 1998 (CASR) (F2018L00584) pertain to the exemption of gliders and powered sailplanes registered with the Gliding Federation of Australia from the requirement to display the Australian nationality mark "VH" on their aircraft. Specifically, subregulation 45.015(2) of CASR exempts gliders and powered sailplanes with registration marks beginning with the letter "G" from this requirement, and the exemption granted under this legislation extends this exemption to aircraft with registration marks beginning with any character other than "G". This exemption is detailed in section 4 of the instrument. The obligations and requirements imposed by this Act on the parties governed by it, primarily the registration holders and registered operators of gliders and powered sailplanes, include ensuring that these aircraft comply with the exemption provisions. This means that these parties must refrain from displaying the Australian nationality mark "VH" on their aircraft if the registration mark begins with a character other than "G". They must also ensure that any modifications or operations of the aircraft adhere to the terms of the exemption. Failure to comply with the regulations, including this exemption, can result in significant consequences. Under subregulation 45.055(1) of CASR, the registration holder and the registered operator of an aircraft that does not meet the prescribed requirements, including the display of markings, can be found to have committed an offence. The maximum penalty for contravening these regulations is substantial and includes both civil and criminal penalties. For corporate entities, the maximum penalty can be as high as 10,000 Australian penalty units, while for individuals, the maximum penalty can be up to 2,000 Australian penalty units. These penalties underscore the importance of compliance with aviation safety regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.