CASA EX55/09 – Amendment of instrument CASA EX31/09 – Exemption – display of markings

Overview

The Civil Aviation Safety Regulations 1998, as amended by instrument CASA EX55/09, address a specific regulatory gap concerning the display of markings on Australian gliders and sailplanes. This amendment was enacted to provide a tailored exemption for gliders and sailplanes administered by the Gliding Federation of Australia, allowing them to operate without displaying the standard nationality mark “VH” and the first character of their registration mark if it is a “G”, provided the aircraft are operating within Australian territory. This exemption aims to accommodate the unique operational needs of these aircraft while maintaining compliance with broader aviation safety standards. The amendment was made under the authority granted by section 98 of the Civil Aviation Act 1988, empowering the Governor General to establish regulations, and it operates as a disallowable instrument under the Legislative Instruments Act 2003. This legislative change was implemented by a delegate of the Civil Aviation Safety Authority (CASA), as authorised under regulation 11.260 of the Civil Aviation Safety Regulations 1998.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) Amendment, specifically CASA EX55/09, pertains to an exemption for gliders and sailplanes operated by the Gliding Federation of Australia. This exemption applies to aircraft that are permitted to operate within Australian territory without displaying the nationality mark "VH" and the first character of their registration mark if it is "G". This regulatory amendment addresses the omission in the transition from the Civil Aviation Regulation 1988 to CASR 1998 by providing a clear exemption for these specific aircraft. The exemption is applicable to entities and individuals operating gliders and sailplanes that are members of the Gliding Federation of Australia, and it governs their conduct within the confines of Australian airspace. As a legislative instrument, the amendment is subject to the requirements of the Legislative Instruments Act 2003, including the possibility of disallowance by the Parliament, and is effective until 31 March 2011.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) have been amended by the instrument CASA EX31/09, which provides an exemption from certain display of markings requirements for gliders and sailplanes. Specifically, under the new exemption (paragraphs 1-2), gliders and sailplanes that are administered by the Gliding Federation of Australia are no longer required to display the nationality mark "VH" and the first character of their registration mark if that character is a "G" when operating within Australian territory. This change addresses a gap in the regulations that arose when the relevant part of the Civil Aviation Regulation 1988 was revoked and the new CASR 1998 came into effect without providing saving provisions for gliders and sailplanes (paragraph 4). The obligations under this exemption (paragraphs 3-4) require that the gliders and sailplanes must be administered by the Gliding Federation of Australia and must be operating within Australian territory. This ensures that the exemption applies only to the intended class of aircraft and within the specified geographic area. The exemption applies to gliders and sailplanes that meet these criteria and do not need to display the specified markings as required by regulation 45.035 of the CASR 1998 (paragraph 3). There are no direct offences or penalties specified for breaching this exemption, as it is a matter of regulatory compliance rather than a punitive measure. However, operating an aircraft without the required markings in jurisdictions outside of Australia, or without adhering to the conditions of the exemption, could lead to non-compliance with other aviation regulations and potential enforcement actions by aviation authorities in those jurisdictions. The exemption is a legislative instrument and is subject to disallowance in Parliament under the Legislative Instruments Act 2003 (paragraphs 6-7). It is also noteworthy that consultation under section 17 of the LIA was not undertaken for this minor or machinery nature amendment (paragraph 5). The exemption is effective from the day after it is registered and will cease to have effect at the end of 31 March 2011 (paragraph 8). The instrument was issued by a delegate of CASA appointed under regulation 11.260 of the CASR 1998, ensuring that it is issued within the regulatory framework and authority of the Civil Aviation Safety Authority (CASA) (paragraph 9). This amendment provides clarity and compliance for gliders and sailplanes operated by the Gliding Federation of Australia within the specified conditions and timeframe.