Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — display of markings on Boeing Stearman bi-plane
Legislation
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may grant an exemption from compliance with a provision of CASR 1998. CASA may grant an exemption to a person or a class of person.
Subregulation 11.205 (1) of CASR 1998 provides that CASA may impose on an exemption any condition necessary in the interests of the safety of air navigation.
Regulation 45.065 of CASR 1998 sets out the minimum height of the characters in a set of aircraft markings. Markings comprise the nationality and registration marks of an aeroplane. In accordance with subparagraph 45.065 (3) (b) (ii), the minimum height that would be applicable to the markings on the side of the Boeing Stearman bi-plane VH-ZYZ is 300 millimetres.
The Boeing Stearman bi-plane is an old World War II training aeroplane. The operator considers that having the markings displayed in accordance with regulation 45.065 would compromise the authentic appearance of the aircraft, which the operator wishes to preserve. As requested, the exemption allows the operator to display the markings on both sides of the fuselage with a minimum height of not less than 50 millimetres. For the sake of authenticity, the aircraft is also painted in a particular colour scheme. The exemption will cease to apply at the end of 30 June 2011 or the day on which the colour scheme is changed, whichever happens first.
CASA does not consider that the exemption will have a detrimental effect on the safety of air navigation.
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 in legislation in force before the commencement of the LIA. Regulation 11.215 of CASR 1998 declares an exemption to be a disallowable instrument. The exemption is, therefore, a legislative instrument and 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 instrument is of a minor or machinery nature and renews a previous instrument, CASA EX32/07, issued for the same aircraft.
The exemption commences on 1 July 2009 and stops having effect at the earlier of:
(a) the day on which the aircraft’s colour scheme is changed; or
(b) the end of 30 June 2011.
The exemption has been issued by a delegate of CASA appointed under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX51/09]