CASA EX55/19 — Glider Towing by Certain Aircraft Exemption 2019

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

Legislation au F2019L00696 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA EX55/19 — Glider Towing by Certain Aircraft Exemption 2019

Purpose

The exemption enables certain aircraft for which experimental certificates are in force to continue operating for the purposes of glider towing in private operations.

Legislation

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.

 

Subregulation 262AP (1) of the Civil Aviation Regulations 1988 (CAR) provides that an aircraft for which an experimental certificate is in force must not be operated except for a purpose for which the certificate is issued or for an operation permitted under subregulation 262AP (2) of CAR.

 

Regulation 21.191 of the Civil Aviation Safety Regulations 1998 (CASR) sets out the purposes for which an experimental certificate may be issued.

 

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.

 

Under subregulation 11.205 (1) of CASR, CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Subregulation 11.170 (3) provides that, in deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of aviation safety.

 

Subsection 98 (5D) of the Act provides that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.

 

Background

Current regulations do not include glider towing as a purpose for which an experimental certificate may be issued. However, certain aircraft issued with experimental certificates have for some time been used for glider towing purposes in private operations. Such aircraft have been suitably modified or specifically designed for this purpose and have been approved for glider towing by the Gliding Federation of Australia (the GFA).

 

CASA issued a similar exemption (CASA EX56/17), which is repealed at the end of 31 May 2019.

 

Instrument

The effect of the instrument is to allow certain aircraft to continue operating for the purposes of glider towing in private operations, subject to the condition that the operator must be a member of the GFA and comply with the GFA’s membership rules for glider towing as they exist from time to time. The GFA membership rules are available on the GFA website and may currently be viewed via the following link:

http://doc.glidingaustralia.org/index.php?option=com_docman&view=list&slug=paper-membership&Itemid=101&layout=treetable

 

CASA proposes in future to issue some of the exempted aircraft with limited category certificates in accordance with Part 132 of CASR so that the exemption in this instrument is not required for those aircraft. In particular, the Piper Pawnee PA25 aircraft mentioned in paragraph 3 (a) of the instrument are expected to transition to a limited category certificate later in 2019.

 

Legislation Act 2003 (the LA)

Paragraph 98 (5AA) (b) of the Act provides that an instrument issued in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft is a legislative instrument if the instrument is expressed to apply to a class of aircraft.

 

The exemption is expressed to apply to a class of aircraft, that is, aircraft issued with experimental certificates being used for glider towing in private operations. The instrument is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

 

Consultation

Initial consultation was conducted when the GFA provided a safety case in support of the use of certain aircraft issued with experimental certificates to be used for glider towing purposes. CASA continues to be satisfied that such aircraft are suitable for glider towing in private operations and has not identified any adverse safety implication arising from previous exemptions on the same topic.

 

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

 

The instrument commences on 1 June 2019 and is repealed at the end of 31 May 2022.

Attachment 1

Statement of Compatibility with Human Rights

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

 

CASA EX55/19 — Glider Towing by Certain Aircraft Exemption 2019

 

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 aircraft for which experimental certificates are in force to continue glider towing for private operations. It is a condition that the operator must be a member of the GFA and comply with the GFA’s membership rules for glider towing as they exist from time to time.

 

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 (CASR) were amended by the Glider Towing by Certain Aircraft Exemption 2019, which was introduced to address a gap in the regulations that previously did not permit glider towing by certain aircraft operating under experimental certificates. The Act was enacted by the Civil Aviation Safety Authority (CASA), the relevant regulatory body, with the policy objective of maintaining an acceptable level of aviation safety while allowing certain aircraft to continue their use for glider towing in private operations. The exemption, which is subject to specific conditions such as membership in the Gliding Federation of Australia and adherence to their membership rules, aims to facilitate the continuation of glider towing activities by appropriately modified or specifically designed aircraft that have been approved by the Gliding Federation of Australia. This exemption is set to remain in effect until the end of May 2022.

Scope and Application

The Glider Towing by Certain Aircraft Exemption 2019, issued under the Civil Aviation Safety Regulations 1998, applies to aircraft that hold an experimental certificate and are being used for the purpose of glider towing in private operations. This exemption is specifically tailored to allow these aircraft to continue their activities despite the absence of glider towing as a listed purpose for experimental certificates in current regulations. The exemption applies nationally and is directed towards entities operating such aircraft, particularly those who are members of the Gliding Federation of Australia (GFA) and adhere to the GFA’s membership rules for glider towing. These rules are available on the GFA website and are subject to change over time. The exemption does not apply to commercial operations or any aircraft not meeting the specified criteria. It is a legislative instrument subject to tabling and disallowance under the Legislation Act 2003. The exemption is set to commence on 1 June 2019 and will be repealed at the end of 31 May 2022, providing a temporary measure to ensure safety while CASA explores issuing limited category certificates for some of these aircraft.

Key Provisions

The Glider Towing by Certain Aircraft Exemption 2019 (CASA EX55/19) operates under the authority provided by subsection 98(1) of the Civil Aviation Act 1988 (the Act), which allows the Governor-General to make regulations for the Act and the safety of air navigation. Specifically, subregulation 262AP(1) of the Civil Aviation Regulations 1988 (CAR) stipulates that an aircraft with an experimental certificate can only be operated for the purpose for which the certificate is issued. Regulation 21.191 of the Civil Aviation Safety Regulations 1998 (CASR) outlines the purposes for which an experimental certificate may be issued, while subregulation 11.160(1) of CASR allows CASA to grant exemptions from compliance with regulation provisions, particularly under subsection 98(5A) of the Act. Additionally, subregulation 11.205(1) of CASR empowers CASA to impose conditions on exemptions, as long as it is necessary for the safety of air navigation, a paramount consideration according to subregulation 11.170(3). This exemption imposes specific obligations on the operators of certain aircraft with experimental certificates that are being used for glider towing in private operations. The primary requirement is that the operator must be a member of the Gliding Federation of Australia (GFA) and must adhere to the GFA’s membership rules for glider towing, which are available on the GFA’s website. These rules are subject to change, so operators must ensure they are always compliant with the current regulations. Furthermore, CASA plans to transition some of these exempted aircraft to limited category certificates in accordance with Part 132 of CASR, thereby eventually eliminating the need for this exemption for those aircraft. In terms of legal consequences, subregulation 11.170(3) of CASR emphasises that the primary consideration in granting this exemption is the preservation of an acceptable level of aviation safety. Any breach of the conditions imposed by this exemption could potentially result in the suspension or revocation of the experimental certificate, rendering the aircraft non-compliant for its intended operations. Although specific penalties are not detailed in the explanatory statement, general aviation regulations often include fines and other penalties for non-compliance with safety regulations, which could apply in this context. The Glider Towing by Certain Aircraft Exemption 2019 (CASA EX55/19) is a legislative instrument under the Legislative Instruments Act 2003 (LA), specifically covered by paragraph 98(5AA)(b) of the Act. This instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA, ensuring parliamentary oversight and scrutiny. The exemption applies to a class of aircraft, namely those with experimental certificates used for glider towing in private operations, and it was made by a delegate of CASA relying on the power of delegation under regulation 11.260 of CASR. The exemption commences on 1 June 2019 and will be repealed at the end of 31 May 2022.

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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.