Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — for certain aircraft to tow gliders
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.
Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to the following:
(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or
(b) the airworthiness of, or design standards for, aircraft.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of these Regulations (including the Civil Aviation Regulations 1988 (CAR 1988)) or a provision of the Civil Aviation Orders (the CAOs) in relation to a matter mentioned in that subsection.
Under subregulation 11.160 (2) of CASR 1998, an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation.
Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
Under regulation 21.191 of the Civil Aviation Safety Regulations 1998 (CASR 1998), an experimental certificate may be issued for 1 or more of a number of purposes (see paragraphs 21.191 (a) to (k)). Certificates issued under these paragraphs do not permit glider towing. Currently, specialised aerotowing aircraft are being designed for amateur construction. However under regulation 21.191, these aircraft may not be issued with certificates that permit glider towing. In view of the established suitability for glider towing of certain of these aircraft, it is considered that Piper Pawnee PA-25 aircraft that have been modified for glider towing for a considerable time and other more recent amateur-built aircraft that have been issued with certificates under regulation 21.191 of CASR 1998 should be issued with this exemption.
These aircraft have all been issued with experimental certificates in accordance with paragraph 21.191 (g), (h), (i), (j) or (k) of CASR 1998. These paragraphs cover assembled or kit-built aircraft, and light sport aircraft for which a special certificate of airworthiness has previously been issued and, under paragraph 21.191 (i), prototype aircraft that have been previously certificated under 21.191 (a), (b) or (d). Experimental certificates are issued under regulation 21.195A of CASR 1998.
Exemption
The exemption is from regulation 262AP of CAR 1988. Under that regulation, an aircraft, for which a special certificate of airworthiness is issued under regulation 21.195A, must only be used for a purpose specified in the certificate. This exemption will, in addition, permit the use of those aircraft for glider towing if approved for that purpose by the Gliding Federation of Australia Inc (the GFA) and CASA. The glider towing may take place only in private operations. It is a condition of the exemption that the aircraft must be operated in accordance with GFA manuals approved by CASA. The aircraft must be maintained in accordance with the Annex to its experimental certificate.
Legislative Instruments Act
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or Civil Aviation Orders. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a class of aircraft, and class of persons, employed by the operator. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (the LIA).
Consultation
The GFA provided a safety case to CASA in support of the use of converted Piper Pawnee aircraft (to the specifications of a Piper Pawnee PA25 glider tug known as eTug). The eTug utilises a liquid cooled General Motors LS1 V8 automotive engine and is currently operated under an experimental certificate.
CASA reviewed the supporting documentation and a meeting was held with the GFA on 14 April 2014 to discuss any issues that still required clarification. CASA was satisfied with the additional information provided at that meeting.
The converted Piper Pawnee tugs referred to in the exemption were found to be suitable for use as tugs, as were other aircraft holding experimental certificates that have been designed or modified specifically for that purpose.
In these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA. The GFA is the primary Self‑Administering Sports Aviation Organisation in relation to the operation of gliders.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument 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 exemption has been issued by a delegate of CASA duly appointed under regulation 11.260 of CASR 1998.
The exemption commences on the day after registration and expires at the end of May 2017, as if it had been repealed by another instrument.
[Instrument number CASA EX53/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — for certain aircraft to tow gliders
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
This exemption will permit the use of certain experimental aircraft for glider towing if approved for that purpose by the Gliding Federation of Australia Inc and CASA. The glider towing may take place only in private operations. It is a condition of the exemption that the aircraft must be operated in accordance with GFA manuals approved by CASA. The aircraft must be maintained in accordance with the Annex to its experimental certificate.
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